0001213900-23-037839.txt : 20230510 0001213900-23-037839.hdr.sgml : 20230510 20230509215333 ACCESSION NUMBER: 0001213900-23-037839 CONFORMED SUBMISSION TYPE: 1-K PUBLIC DOCUMENT COUNT: 126 CONFORMED PERIOD OF REPORT: 20221231 FILED AS OF DATE: 20230510 DATE AS OF CHANGE: 20230509 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Landa App LLC CENTRAL INDEX KEY: 0001815103 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE [6500] IRS NUMBER: 851099443 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 1-K SEC ACT: 1933 Act SEC FILE NUMBER: 24R-00426 FILM NUMBER: 23904096 BUSINESS ADDRESS: STREET 1: ONE PENNSYLVANIA PLAZA STREET 2: 36TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10119 BUSINESS PHONE: 646 905-0931 MAIL ADDRESS: STREET 1: ONE PENNSYLVANIA PLAZA STREET 2: 36TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10119 1-K 1 primary_doc.xml 1-K LIVE 0001815103 XXXXXXXX N N 12-31-2022 Annual Report 12-31-2022 6 W. 18th Street, 12th Floor New York NY 10011 646-905-0931 Membership Interests Landa App LLC 0001815103 DE 85-1099443 true PART II 2 ea177885-1k_landaappllc.htm ANNUAL REPORT

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 1-K

ANNUAL REPORT

 

ANNUAL REPORT PURSUANT TO REGULATION A OF THE SECURITIES ACT OF 1933

For the fiscal year ended December 31, 2022

 

LANDA APP LLC

(Exact name of issuer as specified in its charter)

 

Commission File Number: 024-11377

 

Delaware   85-1099443

(State or other jurisdiction of

incorporation or organization)

  

(I.R.S. Employer

Identification No.)

     

6 W. 18th Street

New York, NY 10011

  

10011

(Address of principal executive offices)   (Zip Code)

 

646-905-0931

Issuer’s telephone number, including area code

 

Landa App LLC - 1394 Oakview Circle Forest Park GA LLC membership interests

Landa App LLC - 1701 Summerwoods Lane Griffin GA LLC membership interests

Landa App LLC - 1741 Park Lane Griffin GA LLC membership interests

Landa App LLC - 115 Sardis Street Barnesville GA LLC membership interests(*)

Landa App LLC - 209 Timber Wolf Trail Griffin GA LLC membership interests(*)

Landa App LLC - 2505 Oak Circle Ellenwood GA LLC membership interests(*)

Landa App - 271 Timber Wolf Trail Griffin GA LLC membership interests(*)

Landa App - 29 Holly Grove Road Griffin GA LLC membership interests(*)

Landa App LLC - 1703 Summerwoods Lane Griffin GA LLC membership interests

Landa App LLC – 1712 Summerwoods Lane Griffin GA LLC membership interests

Landa App LLC - 1743 Summerwoods Lane Griffin GA LLC membership interests

Landa App LLC - 1750 Summerwoods Lane Griffin GA LLC membership interests

Landa App LLC - 4267 High Park Lane East Point GA LLC membership interests

Landa App LLC - 4474 Highwood Park Drive East Point GA LLC membership interests

Landa App LLC - 8569 Creekwood Way Jonesboro GA LLC membership interests

Landa App LLC - 9439 Lakeview Road Union City GA LLC membership interests

Landa App LLC - 10167 Port Royal Court Jonesboro GA LLC membership interests

Landa App LLC - 1246 Elgin Way Riverdale GA LLC membership interests

Landa App LLC - 1910 Grove Way Hampton GA LLC membership interests

Landa App LLC - 593 Country Lane Jonesboro GA LLC membership interests

Landa App LLC - 6436 Stone Terrace Morrow GA LLC membership interests

Landa App LLC - 6440 Woodstone Terrace Morrow GA LLC membership interests

Landa App LLC - 6848 Sandy Creek Drive Riverdale GA LLC membership interests

Landa App LLC - 687 Utoy Court Jonesboro GA LLC membership interests

Landa App LLC - 729 Winter Lane Jonesboro GA LLC membership interests

Landa App LLC - 7349 Exeter Court Riverdale GA LLC membership interests

Landa App LLC – 8645 Embrey Drive Jonesboro GA LLC membership interests

Landa App LLC - 8780 Churchill Place Jonesboro GA LLC membership interests

Landa App LLC - 8796 Parliament Place Jonesboro GA LLC membership interests

Landa App LLC - 8641 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8651 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8652 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8653 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8654 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8655 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8659 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8662 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8668 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8670 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8674 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8675 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8677 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8678 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8679 Ashley Way Douglasville GA LLC membership interests

Landa App LLC - 8683 Ashley Way Douglasville GA LLC membership interests

(*) the offering of this class of securities was withdrawn before any securities were issued

 

 

 

(Title of each class of securities issued pursuant to Regulation A)

 

 

 

 

TABLE OF CONTENTS

 

Cautionary Statement Regarding Forward-Looking Information 1
Business 1
Management’s Discussion and Analysis of Financial Condition and Results of Operations 10
Directors and Officers 31
Security Ownership of Management and Certain Securityholders 33
Interest of Management and Others in Certain Transactions 33
Other Information 34
Financial Statements F-1
Exhibits 35

 

Capitalized terms used but not defined herein have the meanings given to them in Landa App LLC’s offering circular (the “Offering Circular”) most recently qualified by the Securities and Exchange Commission (the “SEC”), dated March 28, 2023, which can be found here.

 

i

 

 

Part II.

 

CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING STATEMENTS

 

The information contained in this report includes some statements that are not historical and that are considered “forward-looking statements.” A cautionary statement regarding forward-looking statements applicable to forward-looking statements found herein can be found under “Cautionary Statement Regarding Forward-Looking Statements” of the Company’s latest Offering Circular, which can be found here and is incorporated herein by reference.

 

Item 1. Business

 

Company Overview

 

Landa App LLC (the “we, “us,” “our” or the “Company”) was formed on November 25, 2019 as “Landa Properties A LLC”, a Delaware limited liability company pursuant to Section 18-201 of the Delaware Limited Liability Company Act (the “LLC Act”) in order to offer a unique investment opportunity for eligible investors to benefit from the performance of curated and fully managed rental real estate properties. The Company was subsequently renamed “Landa App LLC” on April 30, 2020, and became a series limited liability company pursuant to Sections 18-215 and 18-218 of the LLC Act on May 22, 2020.

 

From time to time, the Company will form separate series of membership interests (each a “Series,” and collectively, the “Series”) for the purpose of offering a unique investment opportunity for eligible investors to benefit from the performance of curated and fully managed rental real estate properties. Each Series is formed to hold a residential rental property as its primary asset (each a “Property,” and collectively, the “Properties”).

 

The Company generally offers 10,000 membership interests (each a “Share” and collectively, the “Shares”) in each of the Series (the respective offerings of Shares of each Series each individually referred to herein as an “Offering”). Investors that purchase Shares in any Series acquire a right to receive monthly distributions (which we also refer to as “dividends”) of a portion of the net rental income of such Series. The total distribution amount by a Series, if any, will be calculated by the Manager, acting in its sole discretion, and will be based on a number of factors, including, but not limited to, the total number of Shares sold, fees, expenses, taxes, amounts allocated to reserves, economic conditions, debt service requirements, actual and accrued cash flows of the applicable Series, and other factors that could differ materially from our current expectations. The total distribution amount, if any, will be allocated to each holder of Shares of the applicable Series on a pro-rata basis based on the number of Shares of that Series held.

 

The Company and each Series is managed by Landa Holdings, Inc. (the “Manager”).

 

All Shares are offered through the Landa Mobile App.

 

1

 

 

Series Offering Table

 

The table below shows key information related to the Offering of each Series pursuant to Regulation A of the Securities Act of 1933, as amended, (“Regulation A”), as of December 31, 2022. Please also refer to “—Properties” below for further details.

 

Series  Offering
Status		  Qualification
Date		  Opening
Date		  Closing
Date		  Total
Number of
Shares Outstanding(5)
Landa Series 115 Sardis Street (1)  Withdrawn  6/29/2021  7/1/2021  (1)  (1)
Landa Series 1394 Oakview Circle  Closed  6/29/2021  7/1/2021  8/9/2021  -
Landa Series 1701 Summerwoods Lane (2)  Closed  6/29/2021  7/1/2021  9/3/2021  8,265 (3)
Landa Series 1741 Park Lane (2)  Closed  6/29/2021  7/1/2021  9/3/2021  3,518 (4)
Landa Series 209 Timber Wolf Trail (1)  Withdrawn  6/29/2021  7/1/2021  (1)  (1)
Landa Series 2505 Oak Circle (1)  Withdrawn  6/29/2021  7/1/2021  (1)  (1)
Landa Series 271 Timber Wolf Trail (1)  Withdrawn  6/29/2021  7/1/2021  (1)  (1)
Landa Series 29 Holly Grove Road (1)  Withdrawn  6/29/2021  7/1/2021  (1)  (1)
Landa Series 1703 Summerwoods Lane  Closed  1/7/2022  1/9/2022  7/20/2022  -
Landa Series 1712 Summerwoods Lane  Closed  1/7/2022  1/9/2022  8/9/2022  -
Landa Series 1743 Summerwoods Lane  Closed  1/7/2022  1/9/2022  7/31/2022  -
Landa Series 1750 Summerwoods Lane  Closed  1/7/2022  1/9/2022  8/26/2022  -
Landa Series 4267 High Park Lane  Closed  1/7/2022  1/9/2022  8/15/2022  -
Landa Series 4474 Highwood Park Drive  Closed  1/7/2022  1/9/2022  8/9/2022  -
Landa Series 8569 Creekwood Way  Closed  1/7/2022  1/9/2022  4/26/2022  -
Landa Series 9439 Lakeview Road  Closed  1/7/2022  1/9/2022  8/25/2022  -
Landa Series 10167 Port Royal Court  Closed  1/7/2022  1/9/2022  7/20/2022  -
Landa Series 1246 Elgin Way  Closed  1/7/2022  1/9/2022  7/29/2022  -
Landa Series 1910 Grove Way  Closed  1/7/2022  1/9/2022  2/15/2022  -
Landa Series 593 Country Lane Drive  Closed  1/7/2022  1/9/2022  2/17/2022  -
Landa Series 6436 Stone Terrace  Closed  1/7/2022  1/9/2022  2/3/2022  -
Landa Series 6440 Woodstone Terrace  Closed  1/7/2022  1/9/2022  2/17/2022  -
Landa Series 6848 Sandy Creek Drive  Closed  1/7/2022  1/9/2022  2/13/2022  -
Landa Series 687 Utoy Court  Closed  1/7/2022  1/9/2022  4/19/2022  -
Landa Series 729 Winter Lane  Closed  1/7/2022  1/9/2022  3/4/2022  -
Landa Series 7349 Exeter Court  Closed  1/7/2022  1/9/2022  4/20/2022  -
Landa Series 8645 Embrey Drive  Closed  1/7/2022  1/9/2022  4/18/2022  -
Landa Series 8780 Churchill Place  Closed  1/7/2022  1/9/2022  3/7/2022  -
Landa Series 8796 Parliament Place  Closed  1/7/2022  1/9/2022  3/11/2022  -
Landa Series 8641 Ashley Way  Closed  1/7/2022  1/9/2022  8/22/2022  -
Landa Series 8651 Ashley Way  Closed  1/7/2022  1/9/2022  4/19/2022  -
Landa Series 8652 Ashley Way  Closed  1/7/2022  1/9/2022  10/14/2022  -
Landa Series 8653 Ashley Way  Closed  1/7/2022  1/9/2022  8/8/2022  -
Landa Series 8654 Ashley Way  Closed  1/7/2022  1/9/2022  12/02/2022  -
Landa Series 8655 Ashley Way  Closed  1/7/2022  1/9/2022  10/10/2022  -
Landa Series 8659 Ashley Way  Closed  1/7/2022  1/9/2022  10/10/2022  -
Landa Series 8662 Ashley Way  Closed  1/7/2022  1/9/2022  9/21/2022  -
Landa Series 8668 Ashley Way  Closed  1/7/2022  1/9/2022  10/14/2022  -
Landa Series 8670 Ashley Way  Closed  1/7/2022  1/9/2022  11/30/2022  -
Landa Series 8674 Ashley Way  Closed  1/7/2022  1/9/2022  8/8/2022  -
Landa Series 8675 Ashley Way  Closed  1/7/2022  1/9/2022  8/19/2022  -
Landa Series 8677 Ashley Way  Closed  1/7/2022  1/9/2022  4/20/2022  -
Landa Series 8678 Ashley Way  Closed  1/7/2022  1/9/2022  12/02/2022  -
Landa Series 8679 Ashley Way  Closed  1/7/2022  1/9/2022  8/3/2022  -
Landa Series 8683 Ashley Way  Closed  1/7/2022  1/9/2022  12/02/2022  -

 

(1)Before any securities were issued, the Company withdrew the following Series:

 

Landa Series 115 Sardis Street

Landa Series 209 Timber Wolf Trail

Landa Series 2505 Oak Circle

Landa Series 271 Timber Wolf Trail

Landa Series 29 Holly Grove Road  

 

2

 

 

(2)

This Series closed its Offering prior to selling all 10,000 of its Shares and made a liquidating distribution of expected proceeds from the sale of the underlying Property. For additional information, see the Form 1-U filed on March 11, 2022 available here. 

   
(3)

Includes an additional thirty-three (33) Shares of this Series that remain unallocated in the books and records of the Series.

   
(4)

Includes an additional fifteen (15) Shares of this Series that remain unallocated in the books and records of the Series.

   
(5) Reflected as of May 8, 2023

 

Properties

 

Descriptions of the Properties as of December 31, 2022 can be found under “Description of the Properties” of the Company’s latest Offering Circular, which can be found here and is incorporated herein by reference.

 

Investment Objectives

 

Our primary investment objectives are to:

 

  ● realize growth in the value of our Property investments;

 

  ● maximize net rental income in each of the Properties; and

 

  ● preserve, protect and return investor capital contribution.

 

We cannot assure you that we will attain these objectives or that the value of our assets will not decrease. 

 

Investment Strategy

 

Our investment strategy is to acquire, invest in, manage, and operate properties on an opportunistic basis, which may consist of a wide variety of residential rental properties. We intend to leverage our industry expertise, as well as our proprietary technology, to help streamline our property acquisition process.

 

We will focus on acquiring market ready properties, which may include existing income-producing properties or newly constructed properties, in neighborhoods with growing rental demand, strong rental history and in geographic regions which provide steady real estate asset growth. Our acquisition strategy does not include major rehabilitation or repurposing of existing structures, or new ground-up development. Our target markets are neighborhoods surrounding metropolitan statistical areas of at least one million residents, which we estimate having historical capitalization rates ranging from approximately four percent (4%) to seven percent (7%) for residential properties. In addition, we expect to target cities with growing populations or cities that have evidenced strong rental demand.

 

Governmental Regulation

 

Each Series’ respective business practices and Properties are subject to regulation by numerous federal, state and local authorities. See the description of certain applicable regulations under “Regulations” of the Company’s latest offering circular filed March 28, 2023 with the SEC, which can be found here and is incorporated herein by reference, for a discussion of applicable governmental regulations. 

 

Industry

 

Residential Housing

 

Residential housing is the largest real estate asset class in the United States, with approximately 140 million total housing units and a total value of more than $43.4 trillion according to Zillow.com as of Debember 31, 2022. The single-family rental market has grown in recent years as homeownership rate has declined following the global financial crisis. We believe this decline in homeownership is due to a number of factors. First, mortgage financing for the consumer is now harder to obtain due to conservative mortgage underwriting standards which arose after the global financial crisis. Many Americans have limited credit and do not have the liquidity required to put a down payment on a home. Second, the U.S. is undergoing a demographic shift away from the desire to own a home. Americans are looking for more flexibility and mobility in their housing. Finally, over the recent years, home prices have increased faster than wage growth which has created an affordability problem for potential homeowners. These factors have shifted the landscape in the U.S. housing market over the recent years and have contributed to the rise in the demand for rental housing.

 

3

 

 

We believe that the increased demand for rental housing has created the institutionalization of single-family investment ownership. Prior to 2012, the single-family rental sector primarily consisted of smaller, non-institutional owners and managers, however, larger institutional investors have emerged in recent years. Despite this growth, it is estimated that institutional owners only represent approximately 375,000 units or 2.5% of all single-family rental units in the United States, according to Institutional Real Estate, Inc. The expansion of institutional owners into this asset class has led to management efficiency and technology development in the industry which has improved the cost to manage a rental home. Operating metrics for institutionally managed single-family rentals are now comparable to traditional multi-family properties as single-family rental properties exhibit similar occupancy levels to multi-family properties with lower turnover rates. In addition, according to the National Association of Realtors, the single-family housing market is the most liquid real estate asset class in the United States, with an average of 5.2 million sales of existing homes per year from 2005 to 2021.

 

Supply: Historically Low and Favorable Conditions Are Expected to Continue

 

The housing market in the United States has not kept pace with population growth and household formation resulting in a shortage in supply. We believe that this supply imbalance has led to higher demand for housing across the country which ultimately affects housing prices. Due to this shortage of housing, the median home prices have increased much faster than what the consumer can afford creating an affordability problem for many Americans, exemplified in the home price to income ratio. In 1995, the home price to income ratio was 4.24, meaning the median cost of a single-family home in the U.S. was 4.24x the average median income. As of December 31, 2021, the home price to income ratio was 7.58, according to the Federal Reserve Bank of St. Louis. We believe that the “American Dream” of owning is starting to fade from the psychology of the U.S. consumer due to the hurdles associated with purchasing a home and the limited affordable supply available. This is exemplified by changes in the homeownership over the past 15 years where the homeownership rate across the country decreased in 90% of U.S. metropolitan areas. As of the end of 2022, the homeownership rate was 65.9% compared to 69% at its all-time high in 2004, according to a report by the U.S. Census Bureau.

 

We believe that the single-family rental industry is well-positioned to provide Americans, who prefer the lifestyle associated with being in a single-family home, an affordable housing solution.

 

Demand: Demographic Shifts and Professionally Managed Services

 

As the hurdles of homeownership continue to grow for the average American, we believe that the demand for rental housing has increased. This shift in demand for rental housing is one of the financial components driven by affordability, however, there is also a demographic shift in the perspective of housing. Delayed household formation, desired mobility, and the illiquidity associated with owning a home are large contributors to the increasing demand for rental housing in the U.S., specifically in the “millennial” population. Millennials, while potentially experiencing higher wage growth compared to previous generations, are also plagued with student debt. According to the Department of Education, as of December 2021, borrowers between ages 24-35 have an average outstanding loan balance of $33,600. This amounts to roughly 8% of the $408,100 median home price in the U.S. Said differently, many millennials have outstanding debt instead of liquidity that could be utilized for a down payment of a home. Millennials are also forming households much later than previous generations, meaning marriage and children are coming later in life. Typically, as these life events happen, the demand for more square footage and transition from apartment living to a single-family household occurs. We believe that the combination of student debt and the delay in household formation amongst the millennial population have contributed to the demand for single-family rental housing.

 

In addition to these structural hurdles that millennials face with respect to homeownership, we believe that there are psychological and geographic factors that play a part in the demand for rental housing. Psychologically, many millennials do not place as high of a value on homeownership as compared to previous generations. The purchase of a house is typically the largest investment that occurs in an individual’s lifetime and millennials are the generation that witnessed this class of investment depreciate during the financial recession. In addition, many millennials have more mobility due to remote working and improved technology. As commerce, industry and technology improve, fewer Americans will be required to be in an office which may lead to an increase in moving – especially in light of the recent move by many businesses to institute “work from home” policies as a result of the outbreak of COVID-19. The flexibility of being on an annual lease compared to owning a home allows for this optionality and thus, aids to drive demand for single family rentals. 

 

Lastly, we believe demand for single-family rentals will increase as the sophistication of the companies offering housing solutions improves. As of December 2021, single-family rental homes are not uncommon as there are roughly 17.5 million single-family rental homes across the U.S. and the industry has rapidly evolved since the 2008 recession. Since the recession, there has been an influx of institutional capital into the single-family rental space which has changed the general landscape of rental housing. As of December 2021, these institutions only account for less than 3% of the single-family rental industry, according to MetLife Investment Management.  We believe they have played a significant role in changing the product. Institutional ownership of single-family rental homes has provided services, technology and convenience to those looking to rent a single-family home and these institutions have been well-positioned to experience the demographic shift away from homeownership. We believe that the institutionalization of the single-family rental industry provides professional management services that make the renting process even easier for many Americans.

 

4

 

 

We believe that these drivers have impacted the single-family rental industry positively already. Single-family rental demand has increased by 31% in the past 10 years according to the Census American Community Survey, compared to 14% for multifamily properties. Additionally, single-family properties have outperformed multifamily properties with respect to rent growth, vacancies, and rent payment delinquencies. As consumer preferences related to housing evolve, we expect that the demand for single-family rental housing will increase and outpace other housing sectors.

 

Our Manager

 

Services Provided

 

Each Series has entered into a management agreement (each, a “Management Agreement”). Pursuant to the Management Agreement, the Manager, among other things, provides certain property management, consulting, Landa Mobile App hosting and support and legal and accounting services to each Series, as well as provides each Series with a management team and the appropriate support personnel to meet our operational needs. Under the Management Agreement, the Manager’s services include, but are not limited to, identifying properties for potential acquisition, conducting any required due diligence with respect to each property, obtaining property appraisals, coordinating inspections and financing (if needed), negotiating the purchase of the properties, arranging for rental of any properties, undertaking, and providing customized advisory services. In addition, the Manager granted each Series a license to use the Landa Mobile App. While we expect each Series to hold its Property indefinitely, the Manager may also coordinate the disposition of a Property, pursuant to the Management Agreement.

 

Investment Decisions and Asset Management 

 

Within our investment policies and objectives, the Manager has discretion with respect to the selection of specific investments and the purchase and sale of the Properties. We believe that successful real estate investment requires the implementation of strategies that permit favorable purchases, effective property management and timely disposition of such Properties. As such, the Manager employs a disciplined investment approach that utilizes its experience with a structure that emphasizes thorough market research, stringent underwriting standards and an extensive down-side analysis of the risks of each investment. The approach also includes active management of each Property acquired.

 

To execute our disciplined investment approach, the Manager takes responsibility for the business plan of each investment. The following practices summarize our investment approach:

 

●Local Market Research – The Manager extensively researches the acquisition and underwriting of each transaction, utilizing both real time market data and the transactional knowledge and experience of our network of professionals and in market relationships.

 

●Underwriting Discipline – The Manager follows a tightly controlled and managed process to examine all elements of a potential investment, including its location, income-producing capacity, prospects for long-range appreciation, tax considerations and liquidity.

 

●Risk Management – Risk management is a fundamental principle in the management of each of the Properties. Operating or performance risks arise at the investment level and often require real estate operating experience to cure. The Manager reviews the operating performance of investments against projections and provides the oversight necessary to detect and resolve issues as they arise.

 

●Property Management – Prior to the purchase of a Property, the Manager develops an asset business strategy which is customized based on the acquisition and underwriting data. This is a forecast of the action items to be taken and the capital needed to achieve the anticipated returns. The Manager reviews asset business strategies regularly to anticipate changes or opportunities in the market during a given phase of a real estate cycle.

 

5

 

 

Investments in Property

 

Our investment in real estate generally takes the form of holding fee simple title to the Properties.

 

Our obligation to purchase any Property generally is conditioned upon the delivery and verification of certain documents from the seller or developer, including, where appropriate:

 

  ● plans and specifications;

 

  ● evidence of marketable title subject to such liens and encumbrances as are acceptable to the Manager;

 

  ● auditable financial statements covering recent operations of Properties having operating histories;

 

  ● title and liability insurance policies; and

 

  ● any other documents or materials required in order to evaluate an investment in a property.

 

In purchasing, leasing and developing Properties, we are subject to risks generally incident to the ownership of real estate. For more information, please see the section entitled “Risk Factors – Risks Related to the Properties and the Offered Series” of the Company’s latest Offering Circular, which can be found here and is incorporated herein by reference. 

 

Investment Process

 

The Manager has the authority to make all the decisions regarding the Series’ investments consistent with the investment objectives and leverage policies approved by the Manager and subject to the limitations in each Series’ Operating Agreement.

 

The Manager focuses on the sourcing, acquisition and management of residential properties. The Manager sources investments from former and current financing and investment partners, third-party intermediaries, competitors looking to share risk and investment, and securitization or lending departments of major financial institutions. 

  

In selecting investments, the Manager utilizes its investment and underwriting process, which focuses on ensuring that each prospective investment is being evaluated appropriately. The criteria that the Manager will consider when evaluating prospective opportunities include:

 

  ● macroeconomic conditions that may influence operating performance;

 

  ● real estate market factors that may influence real estate valuations, real estate financing or the economic performance of real estate generally;

 

  ● fundamental analysis of the real estate, including tenant rosters, lease terms, zoning, operating costs and the asset’s overall competitive position in its market;

 

  ● real estate and leasing market conditions affecting the Properties;

 

  ● the cash flow in place and projected to be in place over the expected holding period of the Properties;

 

  ● the appropriateness of estimated costs and timing associated with capital improvements of the Properties;

 

  ● a valuation of the investment, investment basis relative to its value and the ability to liquidate an investment through a sale or refinancing of the Properties;

 

6

 

 

  ● review of third-party reports, including appraisals, engineering and environmental reports;

 

  ● physical inspections of the real estate and analysis of markets; and

 

  ● the overall structure of the investment and rights in the transaction documentation.

 

The Manager analyzes each potential investment’s risk-return profile and reviews financing sources, if applicable, to ensure that the investment fits within the parameters of financing facilities and to ensure performance of the real estate asset. 

 

Disposition Policies 

 

We intend to hold and manage the Properties we acquire for an indefinite period of time.  If the Manager, acting in its sole discretion, decides to sell a particular property, it will seek to achieve a selling price that maximizes the distributions to investors based on then-current market conditions. We cannot assure you that this objective will be realized.

 

The determination of when a particular Property should be sold or otherwise disposed of will be made by the Manager, acting in its sole discretion, after consideration of relevant factors, including, but not limited to, prevailing and projected economic conditions, whether the value of the Property is anticipated to appreciate or decline substantially, how any existing leases on a Property may impact the potential sales price, and any other factors that the Manager may deem relevant. Pursuant to the applicable Series’ operating agreement, as well as the Company’s operating agreement, the Manager may determine that it is in the best interests of members to dispose of a Property.

 

Following the sale of a Property, the Manager will distribute the proceeds of such sale pro-rata to the holders of the Shares of the given Series (after payment of any accrued liabilities or debt on the Property or of the Series at that time).

 

Operating Expenses

 

Each Series is responsible for certain expenses related to such Series or the Property held by such Series (hereinafter “Operating Expenses”), including, but not limited to:

 

  ● interest expense under the applicable acquisition note issued by such Series to the Manager (each an “Acquisition Note”) and refinance note (each a “Refinance Note”) to the Manager and/or Lending One LLC (“Lending One”), as applicable;

 

  ● any and all fees, costs and expenses incurred in connection with the management of a Property, including Monthly Management Fees, Home Ownership Association fees, taxes, marketing fees, and security and maintenance fees;

 

  ● any and all insurance premiums or expenses, including property insurance in connection with the Series’ Property;

 

  ● any withholding or transfer taxes imposed on the Company or a Series as a result of its or their earnings, investments or withdrawals in connection with the Property;

 

  ● any governmental fees imposed on the capital of the Company or a Series or incurred in connection with compliance with applicable regulatory requirements in connection with the Property;

 

  ● any legal fees and costs (including settlement costs) arising in connection with any disputes with tenants, litigation or regulatory investigation instituted against the Series or a Manager in connection with the affairs of the Series;

 

7

 

 

  ● any fees, costs and expenses of engaging a third-party registrar and transfer agent appointed by the Manager in connection with a Series;

 

  ● any indemnification payments to be made pursuant to the obligations of the Series’ Operating Agreement;

 

  ● the fees and expenses of the Company’s or a Series’ counsel in connection with advice directly relating to the Series’ legal affairs;

 

  ● the costs of any other outside appraisers, inspectors, valuation firms, accountants, attorneys or other experts or consultants engaged by the Manager in connection with the operations of the Series; and

 

  ● any similar expenses that may be determined to be Operating Expenses, as determined by the Manager in its reasonable discretion.

 

The Manager bears its own expenses of an ordinary nature, including all administrative, operating and personnel costs and expenses, taxes, remuneration and expenses paid to employees and utilities expenditures.

 

If the Operating Expenses exceed the amount of revenues generated from a Series and cannot be covered by any Reserves of such Series’ Property, the Manager may (a) pay such Operating Expenses and seek reimbursement and/or (b) loan the amount of the Operating Expenses to the applicable Series and be entitled to reimbursement of such amount from future revenues generated by such Series. In the case that the Manager provides a loan to a Series, the Series will be obligated to pay interest no greater than 7% on that loan at a rate to be determined solely by the Manager. See “Description of Our Business—Our Manager—Manager Compensation.”

 

Further, if the Operating Expenses exceed the amount of revenues generated from a Series and cannot be covered by any remaining Reserves of such Series, then you may be unable to receive distributions until the Series can generate revenue.

 

The Landa Mobile App

 

The Manager owns and operates a mobile app-based investment platform, which we call the “Landa Mobile App.” Through the Landa Mobile App, investors can:

 

  ● browse Series’ Offerings and obtain information about a Series and/or Property, including location, property type and projected rental income;

 

  ● analyze Properties by reviewing neighborhood statistics and comparable properties in the relevant market;

 

  ● connect a bank account to the Landa Mobile App, transfer funds to their Landa Account and monitor their Landa Account balance;

 

  ● review the Series Materials for the applicable Series;

 

  ● transact entirely online, including executing digital legal documentation, funds transfer and ownership recordation; and

 

  ● manage and track investments through an online portfolio; and receive distributions and regular financial and tax reports.

 

We intend to offer and sell the Shares in our Offerings exclusively through the Landa Mobile App. The Landa Mobile app is available for download on iOS and Android devices.

 

8

 

 

Competition

 

There is significant competition in the real estate industry, including numerous REITs with property acquisition objectives similar to the Series. In addition, we face competition primarily from other real estate investment platform companies such as Roofstock, Inc., Fundrise LLC, Arrived Homes, LLC and Compound Projects, LLC, as well as a range of emerging new companies providing real estate investment products and services. Although we believe that we are well positioned to compete effectively in each facet of our business, there is enormous competition in our market sector and there can be no assurance that we will compete effectively or that we will not encounter increased competition in the future that could limit our ability to conduct our business effectively.

 

Employees

  

We do not have any employees and are externally managed by the Manager. Currently, no Series has employees and we do not expect that any Series will have any employees. Employees of the Manager will provide all operational, administrative, and managerial services to the Company and each Series.

 

Legal Proceedings

 

There are no legal proceedings material to our business or financial condition pending and, to the best of our knowledge, there are no such legal proceedings contemplated or threatened.

 

Risk Factors

 

We face risks and uncertainties that could affect us and our business as well as the real estate industry generally. These risks are outlined under the heading “Risk Factors” contained in the Company’s latest Offering Circular, which can be found here and is incorporated herein by reference, as the same may be updated from time to time by our future filings under Regulation A. In addition, new risks may emerge at any time and we cannot predict such risks or estimate the extent to which they may affect our financial performance. These risks could result in a decrease in the value of our common shares.

 

9

 

 

Item 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations

 

The following discussion and analysis of our financial condition and results of operations should be read in conjunction with our financial statements and the related notes included in this report. As noted in the independent auditor’s report, the audit of our financial statements was conducted for the purpose of forming an opinion on the combined financial statements as a whole. The series-level consolidating supplemental information is presented for purposes of additional analysis of the combined financial statements rather than to present the financial position, results of operations and cash flows of the individual series. The following discussion contains series-level detail that has not been audited. The following discussion contains forward-looking statements that reflect our plans, estimates and beliefs. Our actual results could differ materially from those discussed in the forward-looking statements.

 

Overview

 

Since their formation in 2020, each Series has been engaged primarily in acquiring its underlying Property from Landa Properties, LLC (“Landa Properties”) financed initially through promissory notes issued to the Manager and developing the financial, offering and other materials to begin offering membership interests, or “Shares,” in such Series through the Landa Mobile App. See the Company’s latest Offering Circular under the headings “Description of the Properties” and “Use of Proceeds”, which can be found here, and are incorporated herein by reference, for a description of each of the Properties and information about their acquisition and financing. 

 

We are a development-stage company, since we are devoting substantially all our efforts to establishing and maintaining our business and planned principal operations have only recently commenced. As such, the reported financial information herein will likely not be indicative of future operating results or operating conditions. Because of our corporate structure, we are in large part reliant on the Manager and its employees to grow and support our business. There are a number of key factors that will have large potential impacts on our operating results going forward, including, but not limited to, the Manager’s ability to:

 

●continue to identify and acquire high quality, attractive Properties at competitive prices to securitize on the Landa Mobile App;
   
●market the Landa Mobile App and the Offerings in individual Series and attract investors to the Landa Mobile App;
   
●continue to develop the Landa Mobile App and provide the information and technology infrastructure to support the issuance of interests; and
   
●continue to build our existing infrastructure to manage the Properties at a decreasing marginal cost per Property.

 

The following Series were each organized in May 2020, acquired title to its underlying Property from Landa Properties on July 10, 2021, and commenced operations on July 10, 2021: Landa Series 115 Sardis Street, Landa Series 1394 Oakview Circle, Landa Series 1701 Summerwoods Lane, Landa Series 1741 Park Lane, Landa Series 209 Timber Wolf Trail, Landa Series 2505 Oak Circle, Landa Series 271 Timber Wolf Trail, and Landa Series 29 Holly Grove Road.

 

The following Series were each organized in May 2020, acquired title to its underlying Property from Landa Properties on January 10, 2022, and commenced operations on January 10, 2022: Landa Series 1703 Summerwoods Lane, Landa Series 1712 Summerwoods Lane, Landa Series 1743 Summerwoods Lane, Landa Series 1750 Summerwoods Lane, Landa Series 4267 High Park Lane, Landa Series 4474 Highwood Park Drive, Landa Series 8569 Creekwood Way, and Landa Series 8439 Lakeview Road.

 

The following Series were each organized in July 2021, acquired title to its underlying Property from Landa Properties on January 10, 2022, and commenced operations on January 10, 2022: Landa Series 10167 Port Royal Court, Landa Series 1246 Elgin Way, Landa Series 1910 Grove Way, Landa Series 593 Country Lane, Landa Series 6436 Stone Terrace, Landa Series 6440 Woodstone Terrace, Landa Series 6848 Sandy Creek Drive, Landa Series 687 Utoy Court, Landa Series 729 Winter Lane, Landa Series 7349 Exeter Court, Landa Series 8645 Embrey, Landa Series 8780 Chuchill Place, and Landa Series 8796 Parliament Place.

 

The following Series were each organized in September 2021, acquired title to its underlying Property from Landa Properties on January 10, 2022, and commenced operations on January 10, 2022: Landa Series 8641 Ashley Way, Landa Series 8651 Ashley Way, Landa Series 8652 Ashley Way, Landa Series 8653 Ashley Way, Landa Series 8654 Ashley Way, Landa Series 8655 Ashley Way, Landa Series 8659 Ashley Way, Landa Series 8662 Ashley Way, Landa Series 8668 Ashley Way, Landa Series 8670 Ashley Way, Landa Series 8674 Ashley Way, Landa Series 8675 Ashley Way, Landa Series 8677 Ashley Way, Landa Series 8678 Ashley Way, Landa Series 8679 Ashley Way, and Landa Series 8683 Ashley Way.

 

Recent Developments

 

On March 28, 2023, the Company commenced the offer and sale of 10,000 membership interests (each a “Share” and collectively, the “Shares”) in one-hundred eighty-one (181) additional Series, for an aggregate total of 1,810,000 Shares, pursuant to the Company’s latest qualified offering statement under Regulation A, which can be found here. As of May 5, 2023 42,400 shares in the aggregate were sold

 

10

 

 

Between March 31, 2023 and April 28, 2023, Landa Properties transferred title to the following Properties to the applicable Series, as set forth in the table below.

 

Series   Property
Landa App LLC - 10121 Morris Drive SW Covington GA LLC   10121 Morris Drive SW, Covington, GA 30014
Landa App LLC - 10183 Starr Street SW Covington GA LLC   10183 Starr Street SW, Covington, GA 30014
Landa App LLC - 103 Starlake Drive Jackson GA LLC   103 Starlake Drive, Jackson, GA 30260
Landa App LLC - 10433 Candlelight Road Jonesboro GA LLC   10433 Candlelight Road, Jonesboro, GA 30238
Landa App LLC - 110 Shenandoah Drive Covington GA LLC   110 Shenandoah Drive, Covington, GA 30016
Landa App LLC - 111 Fir Drive McDonough GA LLC   111 Fir Drive, McDonough, GA 30253
Landa App LLC - 112 Ridge Street Locust Grove GA LLC   112 Ridge Street, Locust Grove, GA 30248
Landa App LLC - 11322 Michelle Way Hampton GA LLC   11322 Michelle Way, Hampton, GA 30228
Landa App LLC - 1147 Village Way Stone Mountain GA LLC   1147 Village Way, Stone Mountain, GA 30088
Landa App LLC - 1160 Gable Terrace Jonesboro GA LLC   1160 Gable Terrace, Jonesboro, GA 30236
Landa App LLC - 1201 Kilrush Drive Mableton GA LLC   1201 Kilrush Drive, Mableton, GA 30126
Landa App LLC - 124 Libby Lane Jonesboro GA LLC   124 Libby Lane, Jonesboro, GA 30238
Landa App LLC - 1320 Winona Avenue Griffin GA LLC   1320 Winona Avenue, Griffin, GA 30223
Landa App LLC - 137 Southern Shores Road Jackson GA LLC   137 Southern Shores Road, Jackson, GA 30233
Landa App LLC - 138 Sandalwood Circle Lawrenceville GA LLC   138 Sandalwood Circle, Lawrenceville, GA 30046
Landa App LLC - 140 High Ridge Road Covington GA LLC   140 High Ridge Road, Covington, GA 30014
Landa App LLC - 146 Crystal Brook Griffin GA LLC   146 Crystal Brook, Griffin, GA 30223
Landa App LLC - 153 Cliffside Court Riverdale GA LLC   153 Cliffside Court, Riverdale, GA 30274
Landa App LLC - 1666 W Poplar Street Griffin GA LLC   1666 W Poplar Street, Griffin, GA 30224
Landa App LLC - 168 Brookview Drive Riverdale GA LLC   168 Brookview Drive, Riverdale, GA 30274
Landa App LLC - 1689 Viceroy Way Riverdale GA LLC   1689 Viceroy Way, Riverdale, GA 30296
Landa App LLC - 181 Watercress Court Stockbridge GA LLC   181 Watercress Court, Stockbridge, GA 30281
Landa App LLC - 188 Timberline Road Jackson GA LLC   188 Timberline Road, Jackson, GA 30233
Landa App LLC - 189 Shenandoah Drive Riverdale GA LLC   189 Shenandoah Drive, Riverdale, GA 30274
Landa App LLC - 195 Hunters Trace Covington GA LKC   195 Hunters Trace, Covington, GA 30014
Landa App LLC - 196 Montego Circle Riverdale GA LLC   196 Montego Circle, Riverdale, GA 30274
Landa App LLC - 212 Fleeta Drive Covington GA LLC   212 Fleeta Drive, Covington, GA 30016
Landa App LLC - 217 Glenloch Court Stockbridge GA LLC   217 Glenloch Court, Stockbridge, GA 30281
Landa App LLC - 2264 Chestnut Hill Circle Decatur GA LLC   2264 Chestnut Hill Circle, Decatur, GA 30032
Landa App LLC - 25 Pleasant Valley Road McDonough GA LLC   25 Pleasant Valley Road, McDonough, GA 30253
Landa App LLC - 253 Marco Drive Social Circle GA LLC   253 Marco Drive, Social Circle, GA 30025
Landa App LLC - 258 Rocky Point Road Covington GA LLC   258 Rocky Point Road, Covington, GA 30016
Landa App LLC - 268 Brookview Drive Riverdale GA LLC   268 Brookview Drive, Riverdale, GA 30274
Landa App LLC - 270 Mountain Lane Covington GA LLC   270 Mountain Lane, Covington, GA 30016
Landa App LLC - 270 Pleasant Hill Drive Covington GA LLC   270 Pleasant Hill Drive, Covington, GA 30016
Landa App LLC - 2813 Vicksburg Court Decatur GA LLC   2813 Vicksburg Court, Decatur, GA 30034
Landa App LLC - 2933 Coffer Drive Ellenwood GA LLC   2933 Coffer Drive, Ellenwood, GA 30294
Landa App LLC - 30 High Ridge Road Covington GA LLC   30 High Ridge Road, Covington, GA 30014
Landa App LLC - 30 Roosevelt Road Covington GA LLC   30 Roosevelt Road, Covington, GA 30016
Landa App LLC - 3011 Raintree Drive SE Conyers GA LLC   3011 Raintree Drive SE, Conyers, GA 30013
Landa App LLC - 3043 Highway 81 S Covington GA LLC   3043 Highway 81 S, Covington, GA 30016
Landa App LLC - 313 Blue Heron Drive Jonesboro GA LLC   313 Blue Heron Drive, Jonesboro, GA 30236
Landa App LLC - 3202 Chippewa Drive Rex GA LLC   3202 Chippewa Drive, Rex, GA 30273
Landa App LLC - 35 Clay Court Covington GA LLC   35 Clay Court, Covington, GA 30016
Landa App LLC - 350 Cadiz Lane S College Park GA LLC   350 Cadiz Lane S, College Park, GA 30349
Landa App LLC - 351 Wesley Park Drive Jonesboro GA LLC   351 Wesley Park Drive, Jonesboro, GA 30238
Landa App LLC - 43 Darwin Drive Jonesboro GA LLC   43 Darwin Drive, Jonesboro, GA 30238
Landa App LLC - 45 Blue Jay Drive Covington GA LLC   45 Blue Jay Drive, Covington, GA 30016
Landa App LLC - 4702 Saint James Way Decatur GA LLC   4702 Saint James Way, Decatur, GA 30035
Landa App LLC - 4732 Pinedale Drive Forest Park GA LLC   4732 Pinedale Drive, Forest Park, GA 30297
Landa App LLC - 5040 Huntshire Lane Lilburn GA LLC   5040 Huntshire Lane, Lilburn, GA 30047
Landa App LLC - 513 Jarrett Court McDonough GA LLC   513 Jarrett Court, McDonough, GA 30253

 

11

 

 

Series   Property
Landa App LLC - 5143 Pinecrest Drive SW Covington GA LLC   5143 Pinecrest Drive SW, Covington, GA 30014
Landa App LLC - 540 Cowan Road Covington GA LLC   540 Cowan Road, Covington, GA 30016
Landa App LLC - 565 Mountainview Drive Covington GA LLC   565 Mountainview Drive, Covington, GA 30016
Landa App LLC - 5801 Strathmoor Manor Circle Lithonia GA LLC   5801 Strathmoor Manor Circle, Lithonia, GA 30058
Landa App LLC - 6107 Shadow Glen Court Covington GA LLC   6107 Shadow Glen Court, Covington, GA 30014
Landa App LLC - 6111-6113 Pine Glen Circle SW Covington GA LLC   6111-6113 Pine Glen Circle SW, Covington, GA 30014
Landa App LLC - 615 Barshay Drive Covington GA LLC   615 Barshay Drive, Covington, GA 30016
Landa App LLC - 6168 Wheat Street NE Covington GA LLC   6168 Wheat Street NE, Covington, GA 30014
Landa App LLC - 6178 Green Acres Drive SW Covington GA LLC   6178 Green Acres Drive SW, Covington, GA 30014
Landa App LLC - 643 Sycamore Drive Jonesboro GA LLC   643 Sycamore Drive, Jonesboro, GA 30238
Landa App LLC - 65 Freedom Court Covington GA LLC   65 Freedom Court, Covington, GA 30016
Landa App LLC - 6635 Kimberly Mill Road College Park GA LLC   6635 Kimberly Mill Road, College Park, GA 30349
Landa App LLC - 6653 Bedford Road Rex GA LLC   6653 Bedford Road, Rex, GA 30273
Landa App LLC - 6762 Bent Creek Drive Rex GA LLC   6762 Bent Creek Drive, Rex, GA 30273
Landa App LLC - 709 Georgetown Court Jonesboro GA LLC   709 Georgetown Court, Jonesboro, GA 30236
Landa App LLC - 7107 Geiger Street NW Covington GA LLC   7107 Geiger Street NW Covington GA 30016
Landa App LLC - 750 Georgetown Court Jonesboro GA LLC   750 Georgetown Court, Jonesboro ,GA 30236
Landa App LLC - 752 Chestnut Drive Jackson GA LLC   752 Chestnut Drive, Jackson, GA 30233
Landa App LLC - 773 Villa Way Jonesboro GA LLC   773 Villa Way, Jonesboro, GA 30238
Landa App LLC - 7781 Mountain Creek Way Douglasville GA LLC   7781 Mountain Creek Way, Douglasville, GA 30134
Landa App LLC - 7950 Woodlake Drive Riverdale GA LLC   7950 Woodlake Drive, Riverdale, GA 30274
Landa App LLC - 80 High Ridge Road Covington GA LLC   80 High Ridge Road, Covington, GA 30014
Landa App LLC - 808 Hillandale Lane Lithonia GA LLC   808 Hillandale Lane, Lithonia, GA 30058
Landa App LLC - 8110 Devonshire Drive Jonesboro GA LLC   8110 Devonshire Drive, Jonesboro, GA 30238
Landa App LLC - 8121 Spillers Drive SW Covington GA LLC   8121 Spillers Drive SW, Covington, GA 30014
Landa App LLC - 8233 Creekline Court Riverdale GA LLC   8233 Creekline Court, Riverdale, GA 30274
Landa App LLC - 843 Tramore Drive Stockbridge GA LLC   843 Tramore Drive, Stockbridge, GA 30281
Landa App LLC - 85 Kirkland Court Covington GA LLC   85 Kirkland Court, Covington, GA 30016
Landa App LLC - 85 Thorn Thicket Way Rockmart GA LLC   85 Thorn Thicket Way, Rockmart, GA 30153
Landa App LLC - 8855 Rugby Court Jonesboro GA LLC   8855 Rugby Court, Jonesboro, GA 30238
Landa App LLC - 9434 Cedar Creek Place Douglasville GA LLC   9434 Cedar Creek Place, Douglasville, GA 30135
Landa App LLC - 9597 Pintail Trail Jonesboro GA LLC   9597 Pintail Trail, Jonesboro, GA 30238
Landa App LLC - 1701 Summerwoods Lane Griffin GA LLC   1701 Summerwoods Lane, Griffin, GA 30224
Landa App LLC - 1741 Park Lane Griffin GA LLC   1741 Park Lane, Griffin, GA 30224

 

12

 

 

Each of the following Series issued an Acquisition Note to the Manager in connection with the acquisition of its Property, the terms of which are listed in the table below. Each of these Acquisition Notes represents a related-party loan between each respective Series and the Manager. The Acquisition Notes are interest-bearing, have a five (5) year term from their respective Loan Date (listed below), and are an unsecured obligation of the applicable Series.

 

Series  Principal
Amount (1)		   Annual
Interest
Rate		   Loan
Date (2)
Landa Series 10 Oak Wood Lane  $254,456    4.50%  7/1/2022
Landa Series 10 Windridge Drive  $256,422    4.50%  7/1/2022
Landa Series 1000 Fox Valley Trail  $297,984    4.50%  7/1/2022
Landa Series 1007 Leeward Way  $300,157    4.50%  7/1/2022
Landa Series 10119 Commons Way  $306,450    4.50%  7/1/2022
Landa Series 10121 Morris Drive SW  $278,235    4.50%  7/1/2022
Landa Series 10183 Starr Street SW  $268,383    4.50%  7/1/2022
Landa Series 103 Starlake Drive  $267,883    4.50%  7/1/2022
Landa Series 104 Summerfield Drive  $300,059    4.50%  7/1/2022
Landa Series 10433 Candlelight Road  $305,757    4.50%  7/1/2022
Landa Series 105 Anne Street  $253,115    4.50%  7/1/2022
Landa Series 107 Oakwood Circle  $198,781    4.50%  7/1/2022
Landa Series 109 Amberwood Lane  $216,284    4.50%  7/1/2022
Landa Series 110 Shenandoah Drive  $310,797    4.50%  7/1/2022
Landa Series 111 Fir Drive  $240,106    4.50%  7/1/2022

 

13

 

 

Series  Principal
Amount (1)		   Annual
Interest
Rate		   Loan
Date (2)
Landa Series 1110 Parkview Drive  $260,727    4.50%  7/1/2022
Landa Series 11187 Shannon Circle  $310,885    4.50%  7/1/2022
Landa Series 112 Ridge Street  $309,709    4.50%  7/1/2022
Landa Series 11322 Michelle Way  $250,982    4.50%  7/1/2022
Landa Series 114 Starlake Drive  $253,436    4.50%  7/1/2022
Landa Series 11447 S Grove Drive  $284,781    4.50%  7/1/2022
Landa Series 1147 Village Way  $301,010    4.50%  7/1/2022
Landa Series 115 Lakeview Drive  $285,786    4.50%  7/1/2022
Landa Series 1160 Gable Terrace  $301,175    4.50%  7/1/2022
Landa Series 1190 Kirkland Road  $323,791    4.50%  7/1/2022
Landa Series 12 Mintz Street  $264,035    4.50%  7/1/2022
Landa Series 120 Rosewood Drive  $286,873    4.50%  7/1/2022
Landa Series 1201 Kilrush Drive  $535,920    4.50%  7/1/2022
Landa Series 124 Libby Lane  $240,485    4.50%  7/1/2022
Landa Series 126 E Mimosa Drive  $256,451    4.50%  7/1/2022
Landa Series 12641 Alcovy Road  $307,481    4.50%  7/1/2022
Landa Series 1320 Winona Avenue  $220,795    4.50%  7/1/2022
Landa Series 133 Dove Landing  $227,058    4.50%  7/1/2022
Landa Series 137 Southern Shores Road  $240,268    4.50%  7/1/2022
Landa Series 138 Sandalwood Circle  $253,616    4.50%  7/1/2022
Landa Series 140 High Ridge Road  $285,784    4.50%  7/1/2022
Landa Series 141 Longstreet Circle  $331,402    4.50%  7/1/2022
Landa Series 1443 Pebble Ridge Lane  $319,610    4.50%  7/1/2022
Landa Series 1445 Maple Valley Court  $200,632    4.50%  7/1/2022
Landa Series 146 Crystal Brook  $212,200    4.50%  7/1/2022
Landa Series 1473 Brownleaf Drive  $282,588    4.50%  7/1/2022
Landa Series 1485 Bola Court  $258,597    4.50%  7/1/2022
Landa Series 1490 Diplomat Drive  $354,470    4.50%  7/1/2022
Landa Series 153 Cliffside Court  $185,856    4.50%  7/1/2022
Landa Series 157 Wells Road  $221,620    4.50%  7/1/2022
Landa Series 160 Chimney Ridge Trail  $286,873    4.50%  7/1/2022
Landa Series 164 Longstreet Circle  $289,049    4.50%  7/1/2022
Landa Series 1666 W Poplar Street  $231,406    4.50%  7/1/2022
Landa Series 168 Brookview Drive  $132,243    4.50%  7/1/2022
Landa Series 1683 Spoonbill Road  $244,459    4.50%  7/1/2022
Landa Series 1689 Viceroy Way  $280,628    4.50%  7/1/2022
Landa Series 171 Davidson Drive  $303,132    4.50%  7/1/2022
Landa Series 1768 Glen View Way  $250,620    4.50%  7/1/2022
Landa Series 181 Watercress Court  $274,908    4.50%  7/1/2022
Landa Series 188 Timberline Road  $161,802    4.50%  7/1/2022
Landa Series 189 Shenandoah Drive  $256,420    4.50%  7/1/2022
Landa Series 1903 Old Concord Drive SE  $308,568    4.50%  7/1/2022
Landa Series 195 Branchwood Drive  $316,179    4.50%  7/1/2022
Landa Series 195 Fairclift Drive  $285,786    4.50%  7/1/2022
Landa Series 195 Hunters Trace  $316,955    4.50%  7/1/2022
Landa Series 196 Montego Circle  $267,295    4.50%  7/1/2022
Landa Series 20 Chimney Smoke Drive  $286,873    4.50%  7/1/2022
Landa Series 204 N Main Court  $227,058    4.50%  7/1/2022
Landa Series 2055 Grove Way  $248,809    4.50%  7/1/2022
Landa Series 212 Fleeta Drive  $233,632    4.50%  7/1/2022
Landa Series 215 Central Lake Circle  $267,251    4.50%  7/1/2022
Landa Series 217 Glenloch Court  $308,621    4.50%  7/1/2022
Landa Series 2177 E Chester Circle SE  $312,950    4.50%  7/1/2022
Landa Series 221 Lakeview Drive  $297,749    4.50%  7/1/2022
Landa Series 2264 Chestnut Hill Circle  $379,313    4.50%  7/1/2022
Landa Series 235 Lazy Hollow Lane  $299,259    4.50%  7/1/2022

 

14

 

 

Series  Principal
Amount (1)		   Annual
Interest
Rate		   Loan
Date (2)
Landa Series 2425 Cornell Circle  $331,464    4.50%  7/1/2022
Landa Series 2443 Hodges Farm Road  $245,546    4.50%  7/1/2022
Landa Series 25 Pleasant Valley Road  $283,609    4.50%  7/1/2022
Landa Series 253 Marco Drive  $232,761    4.50%  7/1/2022
Landa Series 255 Countryside Lane  $294,486    4.50%  7/1/2022
Landa Series 258 Rocky Point Road  $315,147    4.50%  7/1/2022
Landa Series 263 Rocky Point Road  $279,261    4.50%  7/1/2022
Landa Series 268 Brookview Drive  $188,408    4.50%  7/1/2022
Landa Series 270 Mountain Lane  $291,683    4.50%  7/1/2022
Landa Series 270 Mountain Way  $287,961    4.50%  7/1/2022
Landa Series 270 Pleasant Hill Drive  $273,208    4.50%  7/1/2022
Landa Series 2794 Norfair Loop  $233,583    4.50%  7/1/2022
Landa Series 2813 Vicksburg Court  $337,986    4.50%  7/1/2022
Landa Series 2933 Coffer Drive  $281,715    4.50%  7/1/2022
Landa Series 30 High Ridge Road  $332,846    4.50%  7/1/2022
Landa Series 30 Roosevelt Road  $284,696    4.50%  7/1/2022
Landa Series 3011 Raintree Drive SE  $310,013    4.50%  7/1/2022
Landa Series 304 Deerfield Drive  $291,845    4.50%  7/1/2022
Landa Series 3043 Highway 81 S  $216,225    4.50%  7/1/2022
Landa Series 313 Blue Heron Drive  $271,457    4.50%  7/1/2022
Landa Series 3202 Chippewa Drive  $298,834    4.50%  7/1/2022
Landa Series 35 Clay Court  $303,197    4.50%  7/1/2022
Landa Series 350 Cadiz Lane S  $277,083    4.50%  7/1/2022
Landa Series 351 Wesley Park Drive  $260,770    4.50%  7/1/2022
Landa Series 3603 Manhattan Drive  $326,027    4.50%  7/1/2022
Landa Series 3667 Patti Parkway  $379,317    4.50%  7/1/2022
Landa Series 404 Barberry Lane  $285,892    4.50%  7/1/2022
Landa Series 412 Kendall Lane  $296,763    4.50%  7/1/2022
Landa Series 416 Autumn Lake Court  $266,210    4.50%  7/1/2022
Landa Series 43 Darwin Drive  $252,069    4.50%  7/1/2022
Landa Series 432 Manor Estates Drive  $314,170    4.50%  7/1/2022
Landa Series 440 Freestone Drive  $331,496    4.50%  7/1/2022
Landa Series 4447 Lake Breeze Drive  $342,340    4.50%  7/1/2022
Landa Series 445 Independence Drive  $298,780    4.50%  7/1/2022
Landa Series 449 Kara Lane  $265,401    4.50%  7/1/2022
Landa Series 45 Blue Jay Drive  $353,211    4.50%  7/1/2022
Landa Series 45 Laurel Way  $340,100    4.50%  7/1/2022
Landa Series 4702 Saint James Way  $267,453    4.50%  7/1/2022
Landa Series 4732 Pinedale Drive  $234,719    4.50%  7/1/2022
Landa Series 497 Highway 212  $279,211    4.50%  7/1/2022
Landa Series 5039 East Street  $207,482    4.50%  7/1/2022
Landa Series 5040 Huntshire Lane  $444,985    4.50%  7/1/2022
Landa Series 513 Jarrett Court  $289,113    4.50%  7/1/2022
Landa Series 5143 Pinecrest Drive SW  $227,104    4.50%  7/1/2022
Landa Series 524 Sawmill Road  $283,679    4.50%  7/1/2022
Landa Series 5329 Shirewick Lane  $337,990    4.50%  7/1/2022
Landa Series 540 Cowan Road  $299,557    4.50%  7/1/2022
Landa Series 5411 Rocky Pine Drive  $309,885    4.50%  7/1/2022
Landa Series 55 Myrtle Grove Lane  $291,224    4.50%  7/1/2022
Landa Series 550 Cowan Road  $250,783    4.50%  7/1/2022
Landa Series 5581 Fox Glen Circle  $434,715    4.50%  7/1/2022
Landa Series 565 Mountainview Drive  $283,236    4.50%  7/1/2022

 

15

 

 

Series  Principal
Amount (1)		   Annual
Interest
Rate		   Loan
Date (2)
Landa Series 5737 Strathmoor Manor Circle  $254,247    4.50%  7/1/2022
Landa Series 5801 Strathmoor Manor Circle  $262,945    4.50%  7/1/2022
Landa Series 6104-6106 Oakwood Circle SW  $247,853    4.50%  7/1/2022
Landa Series 6107 Shadow Glen Court  $212,961    4.50%  7/1/2022
Landa Series 6111-6113 Pine Glen Circle SW  $456,530    4.50%  7/1/2022
Landa Series 6119 Pineneedle Drive SW  $166,154    4.50%  7/1/2022
Landa Series 615 Barshay Drive  $291,964    4.50%  7/1/2022
Landa Series 6168 Wheat Street NE  $187,898    4.50%  7/1/2022
Landa Series 6178 Green Acres Drive SW  $223,434    4.50%  7/1/2022
Landa Series 6386 Forester Way  $296,833    4.50%  7/1/2022
Landa Series 6404 Walnut Way  $279,261    4.50%  7/1/2022
Landa Series 643 Sycamore Drive  $270,184    4.50%  7/1/2022
Landa Series 65 Freedom Court  $293,884    4.50%  7/1/2022
Landa Series 653 Georgetown Lane  $285,870    4.50%  7/1/2022
Landa Series 6635 Kimberly Mill Road  $328,712    4.50%  7/1/2022
Landa Series 6653 Bedford Road  $278,623    4.50%  7/1/2022
Landa Series 6710 Sunset Hills Boulevard  $236,846    4.50%  7/1/2022
Landa Series 6762 Bent Creek Drive  $279,258    4.50%  7/1/2022
Landa Series 683 Wood Path Court  $328,476    4.50%  7/1/2022
Landa Series 70 Shenandoah Lane  $335,751    4.50%  7/1/2022
Landa Series 709 Georgetown Court  $276,058    4.50%  7/1/2022
Landa Series 7107 Geiger Street NW  $160,714    4.50%  7/1/2022
Landa Series 7205 Lakeview Drive SW  $292,311    4.50%  7/1/2022
Landa Series 750 Georgetown Court  $227,055    4.50%  7/1/2022
Landa Series 752 Chestnut Drive  $197,731    4.50%  7/1/2022
Landa Series 773 Villa Way  $119,844    4.50%  7/1/2022
Landa Series 7781 Mountain Creek Way  $301,080    4.50%  7/1/2022
Landa Series 7950 Woodlake Drive  $250,982    4.50%  7/1/2022
Landa Series 80 High Ridge Road  $302,097    4.50%  7/1/2022
Landa Series 800 Mills Drive  $336,839    4.50%  7/1/2022
Landa Series 808 Hillandale Lane  $285,336    4.50%  7/1/2022
Landa Series 8110 Devonshire Drive  $212,961    4.50%  7/1/2022
Landa Series 8121 Spillers Drive SW  $244,946    4.50%  7/1/2022
Landa Series 8233 Creekline Court  $293,652    4.50%  7/1/2022
Landa Series 8302 Sterling Lakes Drive  $305,362    4.50%  7/1/2022
Landa Series 843 Tramore Drive  $195,489    4.50%  7/1/2022
Landa Series 85 Kirkland Court  $331,460    4.50%  7/1/2022
Landa Series 85 Thorn Thicket Way  $294,552    4.50%  7/1/2022
Landa Series 8658 Ashley Way  $190,908    4.50%  7/1/2022
Landa Series 8667 Ashley Way  $136,737    4.50%  7/1/2022
Landa Series 8671 Ashley Way  $200,777    4.50%  7/1/2022
Landa Series 8676 Ashley Way  $205,683    4.50%  7/1/2022
Landa Series 8691 Ashley Way  $148,555    4.50%  7/1/2022
Landa Series 8692 Ashley Way  $145,859    4.50%  7/1/2022
Landa Series 8693 Ashley Way  $220,464    4.50%  7/1/2022
Landa Series 8694 Ashley Way  $200,996    4.50%  7/1/2022
Landa Series 8697 Ashley Way  $218,458    4.50%  7/1/2022
Landa Series 8819 Leafwood Court  $282,606    4.50%  7/1/2022
Landa Series 8855 Rugby Court  $221,665    4.50%  7/1/2022
Landa Series 9020 Sterling Ridge Lane  $236,659    4.50%  7/1/2022
Landa Series 9150 Spillers Drive SW  $253,159    4.50%  7/1/2022
Landa Series 925 Mote Road  $311,830    4.50%  7/1/2022
Landa Series 9409 Forest Knoll Drive  $307,642    4.50%  7/1/2022
Landa Series 9434 Cedar Creek Place  $331,780    4.50%  7/1/2022
Landa Series 9597 Pintail Trail  $301,292    4.50%  7/1/2022
Landa Series 974 Laurel Street  $278,298    4.50%  7/1/2022
Landa Series 1701 Summerwoods Lane  $172,405    4.50%  7/1/2022
Landa Series 1741 Park Lane  $195,085    4.50%  7/1/2022

 

(1)The principal amount will be due and payable by the Series within 30 days after demand by the Manager, as lender, at any time prior to the liquidation, dissolution or winding up of the Series.

 

(2)Each Acquisition Note was entered into on the date set forth in the table above. Interest began to accrue on the Acquisition Notes when title to the Property was transferred to the Series.

 

16

 

 

On April 28 2023, each of the following Series entered into Additional Borrowings (as such term is defined in the Company’s latest Offering Circular, which can be found here) with L Finance LLC, the terms of which are listed in the table below. Each Additional Borrowing is secured by the Property underlying the respective Series, and bears interest at a rate that is the higher of SOFR+7%, or 12.5%.

 

Series  Principal
Amount		   Maturity
Date
Landa Series 10121 Morris Drive SW  $160,225   04/28/2024
Landa Series 10183 Starr Street SW  $172,550   04/28/2024
Landa Series 103 Starlake Drive  $145,000   04/28/2024
Landa Series 10433 Candlelight Road  $170,375   04/28/2024
Landa Series 110 Shenandoah Drive  $192,125   04/28/2024
Landa Series 111 Fir Drive  $145,000   04/28/2024
Landa Series 112 Ridge Street  $178,350   04/28/2024
Landa Series 11322 Michelle Way  $137,750   04/28/2024
Landa Series 1147 Village Way  $148,625   04/28/2024
Landa Series 1160 Gable Terrace  $203,000   04/28/2024
Landa Series 1201 Kilrush Drive  $322,625   04/28/2024
Landa Series 124 Libby Lane  $160,950   04/28/2024
Landa Series 1320 Winona Avenue  $106,038   04/28/2024
Landa Series 137 Southern Shores Road  $159,500   04/28/2024
Landa Series 138 Sandalwood Circle  $163,125   04/28/2024
Landa Series 140 High Ridge Road  $174,000   04/28/2024
Landa Series 146 Crystal Brook  $141,375   04/28/2024
Landa Series 153 Cliffside Court  $94,250   04/28/2024
Landa Series 1666 W Poplar Street  $155,875   04/28/2024
Landa Series 1689 Viceroy Way  $188,500   04/28/2024
Landa Series 181 Watercress Court  $142,100   04/28/2024
Landa Series 188 Timberline Road  $72,500   04/28/2024
Landa Series 189 Shenandoah Drive  $143,550   04/28/2024
Landa Series 195 Hunters Trace  $177,625   04/28/2024
Landa Series 196 Montego Circle  $159,500   04/28/2024
Landa Series 212 Fleeta Drive  $170,375   04/28/2024
Landa Series 217 Glenloch Court  $232,000   04/28/2024
Landa Series 2264 Chestnut Hill Circle  $226,200   04/28/2024
Landa Series 25 Pleasant Valley Road  $159,500   04/28/2024
Landa Series 253 Marco Drive  $148,625   04/28/2024
Landa Series 258 Rocky Point Road  $184,875   04/28/2024
Landa Series 270 Mountain Lane  $185,600   04/28/2024
Landa Series 270 Pleasant Hills Drive  $170,375   04/28/2024
Landa Series 2813 Vicksburg Court  $210,250   04/28/2024
Landa Series 2933 Coffer Drive  $174,000   04/28/2024
Landa Series 30 High Ridge Road  $163,125   04/28/2024
Landa Series 30 Roosevelt Road  $184,875   04/28/2024
Landa Series 3011 Raintree Drive SE  $184,875   04/28/2024
Landa Series 3043 Highway 81 S  $155,875   04/28/2024
Landa Series 313 Blue Heron Drive  $174,000   04/28/2024
Landa Series 3202 Chippewa Drive  $152,250   04/28/2024
Landa Series 35 Clay Court  $174,000   04/28/2024
Landa Series 350 Cadiz Lane S  $163,125   04/28/2024
Landa Series 351 Wesley Park Drive  $152,250   04/28/2024

 

17

 

 

Series  Principal
Amount		   Maturity
Date
Landa Series 43 Darwin Drive  $163,125   04/28/2024
Landa Series 45 Blue Jay Drive  $222,575   04/28/2024
Landa Series 4702 Saint James Way  $145,725   04/28/2024
Landa Series 4732 Pinedale Drive  $123,250   04/28/2024
Landa Series 5040 Huntshire Lane  $308,125   04/28/2024
Landa Series 513 Jarrett Court  $181,250   04/28/2024
Landa Series 5143 Pinecrest Drive SW  $130,500   04/28/2024
Landa Series 540 Cowan Road  $188,500   04/28/2024
Landa Series 565 Mountainview Drive  $188,500   04/28/2024
Landa Series 5801 Strathmoor Manor Circle  $143,550   04/28/2024
Landa Series 6107 Shadow Glen Court  $131,225   04/28/2024
Landa Series 6111-6113 Pine Glen Circle SW  $181,250   04/28/2024
Landa Series 615 Barshay Drive  $174,000   04/28/2024
Landa Series 6168 Wheat Street NE  $108,750   04/28/2024
Landa Series 6178 Green Acres Drive SW  $130,500   04/28/2024
Landa Series 643 Sycamore Drive  $178,350   04/28/2024
Landa Series 65 Freedom Court  $159,500   04/28/2024
Landa Series 6635 Kimberly Mill Road  $176,900   04/28/2024
Landa Series 6653 Bedford Road  $159,500   04/28/2024
Landa Series 6762 Bent Creek Drive  $192,125   04/28/2024
Landa Series 709 Georgetown Court  $170,375   04/28/2024
Landa Series 7107 Geiger Street NW  $126,875   04/28/2024
Landa Series 750 Georgetown Court  $152,250   04/28/2024
Landa Series 752 Chestnut Drive  $105,125   04/28/2024
Landa Series 7781 Mountain Creek Way  $202,928   04/28/2024
Landa Series 7950 Woodlake Drive  $142,100   04/28/2024
Landa Series 80 High Ridge Road  $184,875   04/28/2024
Landa Series 808 Hillandale Lane  $171,000   04/28/2024
Landa Series 8110 Devonshire Drive  $134,125   04/28/2024
Landa Series 8121 Spillers Drive SW  $126,875   04/28/2024
Landa Series 8233 Creekline Court  $152,119   04/28/2024
Landa Series 85 Kirkland Court  $206,625   04/28/2024
Landa Series 85 Thorn Thicket Way  $172,550   04/28/2024
Landa Series 8855 Rugby Court  $123,250   04/28/2024
Landa Series 9434 Cedar Creek Place  $195,750   04/28/2024
Landa Series 9597 Pintail Trail  $163,125   04/28/2024

 

18

 

 

Lastly, subsequent to the qualification of the Company’s latest Offering Circular (which can be found here), the Company reported recent developments on Form 1-U, including dividend payments, lease renewals, or other developments with respect to certain Series. These can be found here (dividend payments), here (lease renewals), here (transfer of title), and here (issuance of notes), each of which are incorporated by reference to their respective hyperlinked Form 1-U.

 

Market Outlook—Real Estate Finance Markets 

 

While the ongoing impact of COVID-19 has created uncertainty about the overall stability of the economic and financial market, we remain encouraged by the fundamentals of the residential housing market and believe there will be an increased demand for residential rentals. As we look ahead the next three years, we believe improving fundamentals, transactions, and residential real estate lending activities will continue to strengthen in core United States metro markets. We also expect high foreign direct investment in United States markets and real estate assets to continue. Further, the assistance provided by governmental support programs and commitments is expected to support U.S. capital markets over the immediate future. 

 

If markets continue to strengthen, the competition for risk-adjusted yield will become increasingly fierce. We believe that innovative funding options and quicker closing timelines from the Manager allow for greater financing availability in a period of rising competition amongst capital providers. 

 

However, risks related to inflation, interest rate hikes and regulatory uncertainty could adversely affect growth and the values of our investments. In the event market fundamentals deteriorate, our real estate portfolio may be impaired as a result of lower occupancy, lower rental rates, and/or declining values. Further, these circumstances may materially impact the cost and availability of credit to borrowers, hampering the ability of the Manager to acquire new investments with attractive risk-reward dynamics. 

 

Over the short term, we remain cautiously optimistic about the opportunity to acquire investments offering attractive risk-adjusted returns in our targeted investment markets. However, we recognize disruptions in financial markets can occur at any time. By targeting modest leverage and short target investment durations, we believe we will remain well positioned, as compared to our competitors, in the event current market dynamics deteriorate. 

 

Recently, the US experienced the fastest increase in prices since 1981, leading to inflation exceeding nine percent (9%) in June 2022 and six and a half percent (6.5%) in December 2022, according to the U.S. Bureau of Labor Statistics. In response, the Federal Reserve raised interest rates by the largest amount since 1994, ending a near four-decade trend of falling, near-zero interest rates. This shift in interest rates drove mortgage rates to their highest levels in nearly 14 years. We believe that the net result of these increases in interest rates further deter home purchase activity generally, but particularly among millennials who are more likely to require debt, which ultimately may lead to an increase in demand for rentals. 

 

Rising inflation may adversely affect a Series by increasing costs of goods, materials, labor, and fuel, which may increase such Series’ operating expenses. In addition, higher interest rates, may make it difficult or expensive for a Series to refinance any outstanding indebtedness, including the Acquisition Notes (as defined in the Offering Circular) or the Additional Borrowings, with a new mortgage or other debt financing. As of the date hereof, neither the Company nor any of the Series has been materially impacted by inflationary pressures or rising interest rates. The Manager will continue to monitor and assess economic conditions, and intends to take reasonable steps to mitigate any impact on a Series and/or its underlying Property, or the Company in general.

 

Impact of Coronavirus Pandemic

 

The international spread of COVID-19 was declared a global pandemic by the World Health Organization on March 11, 2020. The extent to which this pandemic could continue to affect our financial condition, liquidity, and results of operations is difficult to predict and depends on evolving factors, including, but not limited to, duration, scope, government actions, and other social responses. Beginning in March 2020, many states in the U.S., including Georgia, where our current Properties are located, implemented stay-at-home and shutdown orders for all “non-essential” business and activity in an aggressive effort to mitigate the spread of COVID-19. These orders have continued to evolve resulting in a full or partial lifting of these restrictions at various points over the past two years. Vaccinations for the COVID-19 virus have been widely distributed among the general U.S. population which has resulted in a loosening of previously mandated restrictions. However, the potential emergence of vaccine-resistant variants of COVID-19 could trigger restrictions to be put back in place. Such restrictions may include mandatory business shut-downs, reduced business operations and social distancing requirements.

 

The pandemic’s duration and severity and the extent of the adverse health impact on the general population and on the local population where our Properties are and will be located are unknown. These, among other items, will likely impact the economy, the unemployment rate and our operations, and could materially affect our future combined results of operations, financial condition, liquidity, investments and overall performance. In addition, our business may be affected by our ability to hire and/or maintain adequate staffing and by disruption in the supply chain for building, construction and related goods and materials. For more information, please see the section entitled “Risk Factors – The COVID-19 pandemic may adversely affect our business” of our Offering Circular, which is incorporated herein by reference.

 

19

 

 

Results of Operations

 

The following table sets forth key components of our results of operations during the years ended December 31, 2022 and 2021. 

 

Category  Year
Ended
December 31,
2022		   Year
Ended
December 31,
2021		 
Rental Income  $512,735   $78,454 
Gain on Sale of Real Estate   142,750    - 
Management Fee   39,888    6,254 
Repairs and Maintenance   117,194    12,168 
Homeowners Association Fee   15,274    1,330 
Insurance Expense   15,551    3,360 
Real Estate Taxes   70,129    10,197 
Depreciation   161,513    26,115 
Interest Expense   172,141    16,232 
Bad Debt Expense   -    1,997 
Other Expense   2,630    264 
Net Operating Income (Loss) before income taxes   61,165    537 
Provision for income taxes   28,720    2,453 
Net Income/(Loss)  $32,445   $(1,916)

 

Revenues

 

Revenues are generated at the Series level. Each Series generates revenue through rental income earned from its underlying Property. Our total revenue for all Series in the aggregate increased by $434,281, or 554%, to $512,735 for the year ended December 31, 2022 from $78,454 for the year ended December 31, 2021.

 

Operating Expenses

 

The Operating Expenses incurred by each Series prior to such Series acquiring title to its underlying Property from Landa Properties are paid by the Manager. For more information about the operating expenses of the Series and the Properties, please see “Description of our Business – Operating Expenses” in the Company’s latest Offering Circular, which can be found here and is incorporated herein by reference.

 

Each Series is responsible for its own Operating Expenses once it acquires title to its underlying Property.

 

For the years ended December 31, 2022 and 2021, the Series in the aggregate incurred $594,320 and $77,917, respectively, in Operating Expenses (on a total combined basis).

 

The following table summarizes the Operating Expenses by category:

 

Operating Expenses  Year
Ended
December 31,
2022		   Year
Ended
December 31,
2021		 
Management Fee  $39,888   $6,254 
Repairs and Maintenance   117,194    12,168 
Homeowners Association Fees   15,274    1,330 
Insurance Expense   15,551    3,360 
Real Estate Taxes   70,129    10,197 
Depreciation Expense   161,513    26,115 
Interest Expense   172,141    16,232 
Bad Debt Expense   -    1,997 
Other Expenses   2,630    264 
Total Operating Expenses  $594,320   $77,917 

 

20

 

 

The following table summarizes the Operating Expenses for each Series:

 

Series  Year
ended
December 31,
2022		   Year
ended
December 31,
2021		 
Landa Series 115 Sardis Street  $11,816   $12,900 
Landa Series 1394 Oakview Circle   7,557    6,367 
Landa Series 1701 Summerwoods Lane   3,139    9,083 
Landa Series 1741 Park Lane   3,294    10,127 
Landa Series 209 Timber Wolf Trail   11,364    7,939 
Landa Series 2505 Oak Circle   11,850    13,619 
Landa Series 271 Timber Wolf Trail   11,999    8,821 
Landa Series 29 Holly Grove Road   11,057    9,061 
Landa Series 1703 Summerwoods Lane   12,197    - 
Landa Series 1712 Summerwoods Lane   11,399    - 
Landa Series 1743 Summerwoods Lane   11,195    - 
Landa Series 1750 Summerwoods Lane   11,278    - 
Landa Series 4267 High Park Lane   14,899    - 
Landa Series 4474 Highwood Park Drive   25,744    - 
Landa Series 8569 Creekwood Way   9,415    - 
Landa Series 9439 Lakeview Road   17,928    - 
Landa Series 10167 Port Royal Court   11,843    - 
Landa Series 1246 Elgin Way   15,377    - 
Landa Series 1910 Grove Way   23,279    - 
Landa Series 593 Country Lane Drive   10,030    - 
Landa Series 6436 Stone Terrace   11,739    - 
Landa Series 6440 Woodstone Terrace   23,050    - 
Landa Series 6848 Sandy Creek Drive   12,672    - 
Landa Series 687 Utoy Court   14,325    - 
Landa Series 729 Winter Lane   15,059    - 
Landa Series 7349 Exeter Court   10,929    - 
Landa Series 8645 Embrey Drive   13,737    - 
Landa Series 8780 Churchill Place   18,237    - 
Landa Series 8796 Parliament Place   11,064    - 
Landa Series 8641 Ashley Way   12,564    - 
Landa Series 8651 Ashley Way   16,930    - 
Landa Series 8652 Ashley Way   16,034    - 
Landa Series 8653 Ashley Way   10,496    - 
Landa Series 8654 Ashley Way   12,839    - 
Landa Series 8655 Ashley Way   17,488    - 
Landa Series 8659 Ashley Way   12,106    - 
Landa Series 8662 Ashley Way   11,236    - 
Landa Series 8668 Ashley Way   12,464    - 
Landa Series 8670 Ashley Way   13,458    - 
Landa Series 8674 Ashley Way   14,804    - 
Landa Series 8675 Ashley Way   14,462    - 
Landa Series 8677 Ashley Way   10,894    - 
Landa Series 8678 Ashley Way   13,217    - 
Landa Series 8679 Ashley Way   12,408    - 
Landa Series 8683 Ashley Way   15,447    - 
Total Operating Expenses  $594,320   $77,917 

 

21

 

 

Gain on Sale

 

On April 15, 2022, in connection with the planned sale of the Property underlying Landa Series 1701 Summerwoods Lane, located at 1701 Summerwoods Lane, Griffin, GA 30224, and the Property underlying Landa Series 1741 Park Lane, located at 1741 Park Lane, Griffin, GA 30224, each Series recognized a gain on sale, which is summarized in the table below:

 

The following table summarizes the gain on sale:

    For the Year Ended
December 31,		  
Series   2022     2021  
Gain on Sale of Real Estate   $ 142,750     $ -  
Total Gain on Sale   $ 142,750     $        -  

 

The following table summarizes the gain on sale for each Series:

 

   For the Year Ended
December 31,		 
Series  2022   2021 
Landa Series 115 Sardis Street  $-   $- 
Landa Series 1394 Oakview Circle   -    - 
Landa Series 1701 Summerwoods Lane   70,269    - 
Landa Series 1741 Park Lane   72,481    - 
Landa Series 209 Timber Wolf Trail   -    - 
Landa Series 2505 Oak Circle   -    - 
Landa Series 271 Timber Wolf Trail   -    - 
Landa Series 29 Holly Grove Road   -    - 
Landa Series 1703 Summerwoods Lane   -    - 
Landa Series 1712 Summerwoods Lane   -    - 
Landa Series 1743 Summerwoods Lane   -    - 
Landa Series 1750 Summerwoods Lane   -    - 
Landa Series 4267 High Park Lane   -    - 
Landa Series 4474 Highwood Park Drive   -    - 
Landa Series 8569 Creekwood Way   -    - 
Landa Series 9439 Lakeview Road   -    - 
Landa Series 10167 Port Royal Court   -    - 
Landa Series 1246 Elgin Way   -    - 
Landa Series 1910 Grove Way   -    - 
Landa Series 593 Country Lane Drive   -    - 
Landa Series 6436 Stone Terrace   -    - 
Landa Series 6440 Woodstone Terrace   -    - 
Landa Series 6848 Sandy Creek Drive   -    - 
Landa Series 687 Utoy Court   -    - 
Landa Series 729 Winter Lane   -    - 
Landa Series 7349 Exeter Court   -    - 
Landa Series 8645 Embrey Drive   -    - 
Landa Series 8780 Churchill Place   -    - 
Landa Series 8796 Parliament Place   -    - 
Landa Series 8641 Ashley Way   -    - 
Landa Series 8651 Ashley Way   -    - 
Landa Series 8652 Ashley Way   -    - 
Landa Series 8653 Ashley Way   -    - 
Landa Series 8654 Ashley Way   -    - 
Landa Series 8655 Ashley Way   -    - 
Landa Series 8659 Ashley Way   -    - 
Landa Series 8662 Ashley Way   -    - 
Landa Series 8668 Ashley Way   -    - 
Landa Series 8670 Ashley Way   -    - 
Landa Series 8674 Ashley Way   -    - 
Landa Series 8675 Ashley Way   -    - 
Landa Series 8677 Ashley Way   -    - 
Landa Series 8678 Ashley Way   -    - 
Landa Series 8679 Ashley Way   -    - 
Landa Series 8683 Ashley Way   -    - 
Total gain on sale  $142,750   $- 

 

22

 

 

Net Income/(Loss)

 

As a result of the cumulative effect of the foregoing factors, we generated aggregate net income (loss) of $32,445 and $(1,916) for the years ended December 31, 2022 and 2021, respectively.

 

The following table summarizes net income (loss) by each Series:

 

Series  Year
Ended
December 31,
2022		   Year
Ended
December 31,
2021		 
Landa Series 115 Sardis Street  $(1,521)  $(3,200)
Landa Series 1394 Oakview Circle   2,208    2,200 
Landa Series 1701 Summerwoods Lane   56,896    1,880 
Landa Series 1741 Park Lane   57,964    (1,427)
Landa Series 209 Timber Wolf Trail   (2,064)   1,021 
Landa Series 2505 Oak Circle   3,338    (4,067)
Landa Series 271 Timber Wolf Trail   (2,522)   2,258 
Landa Series 29 Holly Grove Road   (2,253)   (581)
Landa Series 1703 Summerwoods Lane   (489)   - 
Landa Series 1712 Summerwoods Lane   (581)   - 
Landa Series 1743 Summerwoods Lane   1,958    - 
Landa Series 1750 Summerwoods Lane   1,089    - 
Landa Series 4267 High Park Lane   (3,097)   - 
Landa Series 4474 Highwood Park Drive   (11,823)   - 
Landa Series 8569 Creekwood Way   (657)   - 
Landa Series 9439 Lakeview Road   (2,748)   - 
Landa Series 10167 Port Royal Court   678    - 
Landa Series 1246 Elgin Way   (417)   - 
Landa Series 1910 Grove Way   (11,014)   - 
Landa Series 593 Country Lane Drive   2,099    - 
Landa Series 6436 Stone Terrace   955    - 
Landa Series 6440 Woodstone Terrace   (16,588)   - 
Landa Series 6848 Sandy Creek Drive   2,321    - 
Landa Series 687 Utoy Court   (2,943)   - 
Landa Series 729 Winter Lane   (11,058)   - 
Landa Series 7349 Exeter Court   2,273    - 
Landa Series 8645 Embrey Drive   429    - 
Landa Series 8780 Churchill Place   (2,016)   - 
Landa Series 8796 Parliament Place   2,498    - 
Landa Series 8641 Ashley Way   (209)   - 
Landa Series 8651 Ashley Way   (4,761)   - 
Landa Series 8652 Ashley Way   (7,218)   - 
Landa Series 8653 Ashley Way   1,575    - 
Landa Series 8654 Ashley Way   (161)   - 
Landa Series 8655 Ashley Way   (5,553)   - 
Landa Series 8659 Ashley Way   (1,559)   - 
Landa Series 8662 Ashley Way   244    - 
Landa Series 8668 Ashley Way   355    - 
Landa Series 8670 Ashley Way   (1,074)   - 
Landa Series 8674 Ashley Way   (3,065)   - 
Landa Series 8675 Ashley Way   (5,030)   - 
Landa Series 8677 Ashley Way   1,754    - 
Landa Series 8678 Ashley Way   (658)   - 
Landa Series 8679 Ashley Way   (1,534)   - 
Landa Series 8683 Ashley Way   (3,576)   - 
Total Net Income/(Loss)  $32,445   $(1,916)

 

23

 

 

Liquidity and Capital Resources

 

The Company did not commence its operations prior to the qualification of its initial Offering Statement. In addition, no Series commences its operations prior to the qualification of an offering statement (or amendment) in which the Series is included and the transfer of title of each of the Properties from Landa Properties to the applicable Series. Once a Series commences its planned principal operations, it will incur significant additional expenses. Until such time as a Series has the capacity to generate cash flows from operations, it may seek additional capital, including from the Manager.

 

Cash Balances

 

As of December 31, 2022 and 2021, the Company itself had no cash or cash equivalents on hand. On a total combined basis, as of December 31, 2022, the Series, had $177,654 on hand, as compared to $79,897 on hand as of December 31, 2021.

 

The following table summarizes the cash by Series:

 

Series  As of
December 31,
2022		   As of
December 31,
2021		 
Landa Series 115 Sardis Street  $583   $3,270 
Landa Series 1394 Oakview Circle   3,259    3,148 
Landa Series 1701 Summerwoods Lane   1,930    38,376 
Landa Series 1741 Park Lane   1,996    21,582 
Landa Series 209 Timber Wolf Trail   2,379    3,148 
Landa Series 2505 Oak Circle   2,836    3,723 
Landa Series 271 Timber Wolf Trail   7    3,649 
Landa Series 29 Holly Grove Road   199    3,001 
Landa Series 1703 Summerwoods Lane   2,886    - 
Landa Series 1712 Summerwoods Lane   4,253    - 
Landa Series 1743 Summerwoods Lane   4,285    - 
Landa Series 1750 Summerwoods Lane   3,560    - 
Landa Series 4267 High Park Lane   110    - 
Landa Series 4474 Highwood Park Drive   366    - 
Landa Series 8569 Creekwood Way   9,301    - 
Landa Series 9439 Lakeview Road   5,268    - 
Landa Series 10167 Port Royal Court   2,227    - 
Landa Series 1246 Elgin Way   1,974    - 
Landa Series 1910 Grove Way   8,525    - 
Landa Series 593 Country Lane Drive   2,528    - 
Landa Series 6436 Stone Terrace   1,009    - 
Landa Series 6440 Woodstone Terrace   1,179    - 
Landa Series 6848 Sandy Creek Drive   1,225    - 
Landa Series 687 Utoy Court   3,056    - 
Landa Series 729 Winter Lane   9,547    - 
Landa Series 7349 Exeter Court   2,756    - 
Landa Series 8645 Embrey Drive   1,007    - 
Landa Series 8780 Churchill Place   1,474    - 
Landa Series 8796 Parliament Place   4,641    - 
Landa Series 8641 Ashley Way   6,303    - 
Landa Series 8651 Ashley Way   5,323    - 
Landa Series 8652 Ashley Way   3,646    - 
Landa Series 8653 Ashley Way   4,715    - 
Landa Series 8654 Ashley Way   5,037    - 
Landa Series 8655 Ashley Way   10,649    - 
Landa Series 8659 Ashley Way   8,336    - 
Landa Series 8662 Ashley Way   7,032    - 
Landa Series 8668 Ashley Way   12,577    - 
Landa Series 8670 Ashley Way   1,739    - 
Landa Series 8674 Ashley Way   3,025    - 
Landa Series 8675 Ashley Way   2,573    - 
Landa Series 8677 Ashley Way   6,789    - 
Landa Series 8678 Ashley Way   3,761    - 
Landa Series 8679 Ashley Way   3,717    - 
Landa Series 8683 Ashley Way   7,141    - 
Total Cash  $176,729   $79,897 

  

24

 

 

On a total combined basis, as of December 31, 2022, the Series, had $39,291 of restricted cash, as compared to $0 on hand as of December 31, 2021.

 

The following table summarizes the restricted cash by Series:

 

Series  As of
December 31,
2022		   As of
December 31,
2021		 
Landa Series 115 Sardis Street  $-   $        - 
Landa Series 1394 Oakview Circle   775    - 
Landa Series 1701 Summerwoods Lane   925    - 
Landa Series 1741 Park Lane   -    - 
Landa Series 209 Timber Wolf Trail   500    - 
Landa Series 2505 Oak Circle   1,250    - 
Landa Series 271 Timber Wolf Trail   -    - 
Landa Series 29 Holly Grove Road   600    - 
Landa Series 1703 Summerwoods Lane   950    - 
Landa Series 1712 Summerwoods Lane   875    - 
Landa Series 1743 Summerwoods Lane   1,225    - 
Landa Series 1750 Summerwoods Lane   -    - 
Landa Series 4267 High Park Lane   975    - 
Landa Series 4474 Highwood Park Drive   1,000    - 
Landa Series 8569 Creekwood Way   500    - 
Landa Series 9439 Lakeview Road   1,050    - 
Landa Series 10167 Port Royal Court   915    - 
Landa Series 1246 Elgin Way   1,150    - 
Landa Series 1910 Grove Way   1,523    - 
Landa Series 593 Country Lane Drive   971    - 
Landa Series 6436 Stone Terrace   1,000    - 
Landa Series 6440 Woodstone Terrace   -    - 
Landa Series 6848 Sandy Creek Drive   975    - 
Landa Series 687 Utoy Court   1,157    - 
Landa Series 729 Winter Lane   500    - 
Landa Series 7349 Exeter Court   1,000    - 
Landa Series 8645 Embrey Drive   1,050    - 
Landa Series 8780 Churchill Place   1,200    - 
Landa Series 8796 Parliament Place   975    - 
Landa Series 8641 Ashley Way   900    - 
Landa Series 8651 Ashley Way   800    - 
Landa Series 8652 Ashley Way   2,200    - 
Landa Series 8653 Ashley Way   700    - 
Landa Series 8654 Ashley Way   1,350    - 
Landa Series 8655 Ashley Way   -    - 
Landa Series 8659 Ashley Way   2,125    - 
Landa Series 8662 Ashley Way   925    - 
Landa Series 8668 Ashley Way   1,000    - 
Landa Series 8670 Ashley Way   975    - 
Landa Series 8674 Ashley Way   1,300    - 
Landa Series 8675 Ashley Way   1,100    - 
Landa Series 8677 Ashley Way   1,050    - 
Landa Series 8678 Ashley Way   900    - 
Landa Series 8679 Ashley Way   925    - 
Landa Series 8683 Ashley Way   925    - 
Total Restricted Cash  $40,216   $- 

 

25

 

 

Loans

 

Acquisition Notes

 

Each Series financed 100% of the costs associated with the acquisition of its Property, including an acquisition fee and expenses associated with sourcing its Property, with an Acquisition Note issued by such Series to the Manager, the terms of which are listed in the table below. Each of these Acquisition Notes represents a related-party loan between each respective Series and the Manager. The Acquisition Notes are either interest-bearing or non-interest-bearing (see table below) and are an unsecured obligation of the applicable Series The term of the Acquisition Notes are five (5) years from the Loan date.

 

Series   Principal
Amount (1)		     Annual
Interest Rate		     Loan
Date (2)		   Current
Outstanding
Amount (3)		  
Landa Series 115 Sardis Street(4)   $ 117,304       (6 )   7/10/2020   $ 117,304  
Landa Series 1394 Oakview Circle     80,088       0.00 %   7/10/2020     -  
Landa Series 1701 Summerwoods Lane(5)     95,491       0.00 %   7/10/2020     -  
Landa Series 1741 Park Lane(5)     116,574       0.00 %   7/10/2020     -  
Landa Series 209 Timber Wolf Trail(4)     119,827       0.00 %   7/10/2020     50,785  
Landa Series 2505 Oak Circle(4)     98,827       0.00 %   7/10/2020     11,210  
Landa Series 271 Timber Wolf Trail(4)     123,412       0.00 %   7/10/2020     52,160  
Landa Series 29 Holly Grove Road(4)     100,445       0.00 %   7/10/2020     9,229  
Landa Series 1703 Summerwoods Lane     113,697       4.50 %   7/12/2021     -  
Landa Series 1712 Summerwoods Lane     113,697       4.50 %   7/12/2021     -  
Landa Series 1743 Summerwoods Lane     113,697       4.50 %   7/12/2021     -  
Landa Series 1750 Summerwoods Lane     113,697       4.50 %   7/12/2021     -  
Landa Series 4267 High Park Lane     151,875       4.50 %   7/12/2021     -  
Landa Series 4474 Highwood Park Drive     136,648       4.50 %   7/12/2021     -  
Landa Series 8569 Creekwood Way     83,351       4.50 %   7/12/2021     -  
Landa Series 9439 Lakeview Road     181,134       4.50 %   7/12/2021     -  
Landa Series 10167 Port Royal Court     110,600       4.50 %   7/12/2021     -  
Landa Series 1246 Elgin Way     133,535       4.50 %   7/12/2021     -  
Landa Series 1910 Grove Way     104,562       4.50 %   7/12/2021     -  
Landa Series 593 Country Lane Drive     95,842       4.50 %   7/12/2021     -  
Landa Series 6436 Stone Terrace     60,479       4.50 %   7/12/2021     -  
Landa Series 6440 Woodstone Terrace     64,744       4.50 %   7/12/2021     -  
Landa Series 6848 Sandy Creek Drive     86,367       4.50 %   7/12/2021     -  
Landa Series 687 Utoy Court     115,422       4.50 %   7/12/2021     -  
Landa Series 729 Winter Lane     113,721       4.50 %   7/12/2021     -  
Landa Series 7349 Exeter Court     110,638       4.50 %   7/12/2021     -  
Landa Series 8645 Embrey Drive     118,895       4.50 %   7/12/2021     -  
Landa Series 8780 Churchill Place     132,557       4.50 %   7/12/2021     -  
Landa Series 8796 Parliament Place     109,839       4.50 %   7/12/2021     -  
Landa Series 8641 Ashley Way     146,307       4.50 %   10/1/2021     -  
Landa Series 8651 Ashley Way     122,325       4.50 %   10/1/2021     -  
Landa Series 8652 Ashley Way     136,029       4.50 %   10/1/2021     -  
Landa Series 8653 Ashley Way     121,183       4.50 %   10/1/2021     -  
Landa Series 8654 Ashley Way     136,029       4.50 %   10/1/2021     -  
Landa Series 8655 Ashley Way     132,552       4.50 %   10/1/2021     -  
Landa Series 8659 Ashley Way     145,165       4.50 %   10/1/2021     -  
Landa Series 8662 Ashley Way     140,597       4.50 %   10/1/2021     -  
Landa Series 8668 Ashley Way     157,614       4.50 %   10/1/2021     -  
Landa Series 8670 Ashley Way     158,870       4.50 %   10/1/2021     -  
Landa Series 8674 Ashley Way     134,887       4.50 %   10/1/2021     -  
Landa Series 8675 Ashley Way     132,603       4.50 %   10/1/2021     -  
Landa Series 8677 Ashley Way     124,609       4.50 %   10/1/2021     -  
Landa Series 8678 Ashley Way     168,006       4.50 %   10/1/2021     -  
Landa Series 8679 Ashley Way     134,887       4.50 %   10/1/2021     -  
Landa Series 8683 Ashley Way     128,971       4.50 %   10/1/2021     -  

 

(1) The principal amount is due and payable by the Series within 30 days after demand by the Manager, as lender, at any time prior to the liquidation, dissolution or winding up of the Series.

 

(2) Each Acquisition Note was entered into on the date set forth in the table above. Interest began to accrue on the Acquisition Notes when title to the Property was transferred to the Series.

 

(3)

 

The Current Outstanding Amount as of December 31, 2022.

 

26

 

 

(4)  

Before any securities were issued, the Company withdrew this Series.

 

(5) This Series closed its offering and made a liquidating distribution of expected proceeds from the sale of the underlying Property. For additional information, see the Form 1-U filed on March 11, 2022, available here.
   
(6) Of the $117,304 Principal Amount shown, $52,515 bears no interest and $64,789 of bears interest at 4.50% per annum.

 

Refinance Notes

 

Each Series may pay down, or otherwise discharge, a portion of the outstanding balance of its Acquisition Note with (i) the proceeds received in exchange for a commercial promissory note bearing interest at current market rates to be issued to a third party lender or the Manager after the qualification date of the offering statement of which the Series forms a part, and (ii) substantially all of the net proceeds from the Series’ Offering (each a “Refinance Note” and collectively, the “Refinance Notes”).

 

In January 2022, each of the following Series entered into a Refinance Note with Lending One, the terms of which are listed in the table below. Each Refinance Note is interest-bearing and is secured by the Property underlying the respective Series.

 

Series  Principal
Amount		   Annual
Interest Rate		   Loan Date  Maturity
Date		  Mortgage
Transfer(1)		   Transfer
Date(1)		   Current
Outstanding
Amount(2)		   Monthly
Mortgage
Interest
Expense		 
Landa Series 1394 Oakview Circle  $44,015    4.80%  1/18/22  *   -    -   $44,015   $179 
Landa Series 1701 Summerwoods Lane   52,703    4.80%  1/18/22  *   (52,703)   4/29/22    -    - 
Landa Series 1741 Park Lane   66,476    4.80%  1/18/22  *   (66,476)   4/29/22    -    - 
Landa Series 209 Timber Wolf Trail   61,750    4.80%  1/18/22  *   -    -    61,750    250 
Landa Series 2505 Oak Circle   76,700    4.80%  1/18/22  *   -    -    76,700    311 
Landa Series 271 Timber Wolf Trail   62,400    4.80%  1/18/22  *   -    -    62,400    253 
Landa Series 29 Holly Grove Road   84,500    4.80%  1/18/22  *   -    -    84,500    343 
Landa Series 1703 Summerwoods Lane   77,925    4.80%  1/12/22  *   -    -    77,925    316 
Landa Series 1712 Summerwoods Lane   67,535    4.80%  1/12/22  *   -    -    67,535    274 
Landa Series 1743 Summerwoods Lane   77,925    4.80%  1/12/22  *   -    -    77,925    316 
Landa Series 1750 Summerwoods Lane   77,925    4.80%  1/12/22  *   -    -    77,925    316 
Landa Series 4267 High Park Lane   104,250    4.80%  1/12/22  *   -    -    104,250    423 
Landa Series 4474 Highwood Park Drive   93,750    4.80%  1/12/22  *   -    -    93,750    380 
Landa Series 8569 Creekwood Way   49,400    4.80%  1/12/22  *   -    -    49,400    200 
Landa Series 9439 Lakeview Road   124,425    4.80%  1/12/22  *   -    -    124,425    505 
Landa Series 10167 Port Royal Court   82,500    4.80%  1/12/22  *   -    -    82,500    335 
Landa Series 1246 Elgin Way   95,250    4.80%  1/12/22  *   -    -    95,250    386 
Landa Series 1910 Grove Way   82,500    4.80%  1/13/22  *   -    -    82,500    335 
Landa Series 593 Country Lane Drive   71,250    4.80%  1/13/22  *   -    -    71,250    289 
Landa Series 6436 Stone Terrace   45,000    4.80%  1/13/22  *   -    -    45,000    183 
Landa Series 6440 Woodstone Terrace   46,500    4.80%  1/13/22  *   -    -    46,500    189 
Landa Series 6848 Sandy Creek Drive   64,500    4.80%  1/13/22  *   -    -    64,500    262 
Landa Series 687 Utoy Court   82,500    4.80%  1/13/22  *   -    -    82,500    335 
Landa Series 729 Winter Lane   82,500    4.80%  1/12/22  *   -    -    82,500    335 
Landa Series 7349 Exeter Court   71,500    4.80%  1/13/22  *   -    -    71,500    290 
Landa Series 8655 Ashley Way   71,500    4.80%  1/14/22  *   -    -    71,500    290 
Landa Series 8645 Embrey Drive   84,750    4.80%  1/13/22  *          -              -    84,750    344 
Landa Series 8780 Churchill Place   94,500    4.80%  1/13/22  *   -    -    94,500    383 
Landa Series 8796 Parliament Place   78,750    4.80%  1/13/22  *   -    -    78,750    319 
Landa Series 8641 Ashley Way   96,357    4.80%  1/13/22  *   -    -    96,357    391 
Landa Series 8651 Ashley Way   80,424    4.80%  1/13/22  *   -    -    80,424    326 
Landa Series 8652 Ashley Way   76,700    4.80%  1/14/22  *   -    -    76,700    311 
Landa Series 8653 Ashley Way   68,250    4.80%  1/14/22  *   -    -    68,250    277 
Landa Series 8654 Ashley Way   89,529    4.80%  1/14/22  *   -    -    89,529    363 
Landa Series 8655 Ashley Way   71,500    4.80%  1/14/22  *   -    -    71,500    290 

 

27

 

 

Series  Principal
Amount		   Annual
Interest Rate		   Loan Date  Maturity
Date		  Mortgage
Transfer(1)		   Transfer
Date(1)		   Current
Outstanding
Amount(2)		   Monthly
Mortgage
Interest
Expense		 
Landa Series 8659 Ashley Way   81,900    4.80%  1/14/22  *       -        -       81,900    332 
Landa Series 8662 Ashley Way   84,500    4.80%  1/14/22  *   -    -    84,500    343 
Landa Series 8668 Ashley Way   99,392    4.80%  1/14/22  *   -    -    99,392    403 
Landa Series 8670 Ashley Way   94,250    4.80%  1/14/22  *   -    -    94,250    382 
Landa Series 8674 Ashley Way   87,750    4.80%  1/14/22  *   -    -    87,750    356 
Landa Series 8675 Ashley Way   87,253    4.80%  1/14/22  *   -    -    87,253    354 
Landa Series 8677 Ashley Way   81,942    4.80%  1/14/22  *   -    -    81,942    332 
Landa Series 8678 Ashley Way   104,000    4.80%  1/14/22  *   -    -    104,000    422 
Landa Series 8679 Ashley Way   88,770    4.80%  1/13/22  *   -    -    88,770    360 
Landa Series 8683 Ashley Way   81,183    4.80%  1/12/22  *   -    -    81,183    329 
Total Refinance Note  $3,477,379              $(119,179)       $3,358,200   $13,622 

 

(1) On April 15, 2022, in connection with the planned sale of the Property underlying Landa Series 1701 Summerwoods Lane, located at 1701 Summerwoods Lane, Griffin, GA 30224, and the Property underlying Landa Series 1741 Park Lane, located at 1741 Park Lane, Griffin, GA 30224, each Series paid the holders of such Series a final distribution, based on such holder’s percentage ownership in such Series.

 

(2) The Current Outstanding Amount as of December 31, 2022.
   
* This Refinance Note matures on the earlier of (i) February 1, 2027 and (ii) the date on which the unpaid principal balance of this Refinance Note becomes due and payable by acceleration or otherwise or the exercise by Lending One of any right or remedy under the Refinance Note and/or any other document or agreement entered into in connection with the Refinance Note.

 

Plan of Operations

 

We plan to launch an as of yet undetermined number of additional Series and related offerings in the next twelve (12) months with properties that we acquire from our affiliates, including Landa Properties. The proceeds from any additional offerings closed during the next twelve (12) months will be used for, among other things, the acquisition of properties by the Series conducting the offerings. No investor in any Series will, by virtue of its interest in such Series, including its underlying Property, have any interest in, or rights to acquire an interest in, any other Series.

 

While each Series intends to hold its Property indefinitely, as each Property reaches what the Manager believes to be its optimum value, the Manager may consider disposing of such Property. Please see “Business – Our Manager – Disposition Policies” for more information about our disposition policy with respect to the Properties.

 

We expect that the rental income earned from each Series’ Property will satisfy each Series’ cash requirements. Each Series may seek additional capital in the form of debt financing from other financing sources to satisfy any additional cash requirements, including a related-party loan between each Series and the Manager.

 

Off-Balance Sheet Arrangements

 

Neither the Company nor any of the Series had during the periods presented, and does not currently have, any off-balance sheet arrangements.

 

28

 

 

Critical Accounting Policies and Estimates

 

The preparation of financial statements in conformity with GAAP requires the Manager to make assumptions, estimates and judgments that affect the amounts reported, including the notes thereto, and related disclosures of commitments and contingencies, if any. We have identified certain accounting policies that are significant to the preparation of our financial statements. These accounting policies are important for an understanding of our financial condition and results of operations. Critical accounting policies are those that are most important to the portrayal of our financial condition and results of operations and require management’s difficult, subjective or complex judgment, often as a result of the need to make estimates about the effect of matters that are inherently uncertain and may change in subsequent periods. Certain accounting estimates are particularly sensitive because of their significance to financial statements and because of the possibility that future events affecting the estimate may differ significantly from management’s current judgments. We believe the following critical accounting policies involve the most significant estimates and judgments used in the preparation of our financial statements.

 

Revenue Recognition

 

The Company adopted ASU 2014-09, Revenue from Contracts with Customers, and its related amendments, effective July 10, 2020.

 

We determine revenue recognition through the following steps:

 

●identification of a contract with a customer;

 

●identification of the performance obligations in the contract;

 

●determination of the transaction price;

 

●allocation of the transaction price to the performance obligations in the contract; and

 

●recognition of revenue when or as the performance obligations are satisfied.

 

Operating Expenses

 

If the Operating Expenses exceed the amount of revenues generated from a Series and cannot be covered by any Reserves of such Series, the Manager may (a) pay such Operating Expenses and seek reimbursement and/or (b) loan the amount of the Operating Expenses to the applicable Series and be entitled to reimbursement of such amount from future revenues generated by such Series. In the case that the Manager provides a loan to a Series, the Series will be obligated to pay interest on that loan at a rate to be determined solely by the Manager, but which will be no greater than seven percent (7%).

 

Fees to the Manager

 

Monthly Management Fee: Each Series pays the Manager a monthly management fee ranging from five percent (5%) to ten percent (10%) of Gross Monthly Rent for each Property.

 

Acquisition Fee: The Acquisition Notes issued by each Series to the Manager in connection with the acquisition of its Property included amounts attributable to an acquisition fee due to the Manager ranging from five percent (5%) to ten percent (10%) of the purchase price of the Property.

 

Property Diligence Expenses: The Acquisition Notes issued by each Series to the Manager in connection with the acquisition of its Property included amounts attributable to any and all fees, costs and expenses incurred in connection with the evaluation, discovery, and investigation of such Property incurred prior to such acquisition, including legal fees associated with the title insurance, appraisal costs and inspection costs, and any other expenses associated with the acquisition of a Property.

 

29

 

 

Brokerage Fee: The broker of record for each Offering is expected to receive a brokerage fee equal to one percent (1%) of the amount raised from investors through each Series’ Offering. We comply with the requirements of FASB ASC 340-10-S99-1 with regards to offering costs. Prior to the completion of a Series’ Offering, offering costs are capitalized. The deferred offering costs are charged to members’ equity upon the completion of an Offering or to expense if the Offering is not completed.

 

Administrative Costs: In accordance with FASB ASC 720, administrative costs, including accounting fees and legal fees, are expensed as incurred. See “Item 1. Business—Operating Expenses” for additional information.

 

For more information about the fees payable to the Manager, please see “Description of our Business – Our Manager – Manager Compensation” of our Offering Circular, which can be found here and is incorporated herein by reference.

 

Fair Value of Financial Instruments

 

FASB guidance specifies a hierarchy of valuation techniques based on whether the inputs to those valuation techniques are observable or unobservable. Observable inputs reflect market data obtained from independent sources, while unobservable inputs reflect market assumptions. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurement) and the lowest priority to unobservable inputs (Level 3 measurement). The three levels of the fair value hierarchy are as follows:

 

Level 1 - Unadjusted quoted prices in active markets for identical assets or liabilities that the reporting entity has the ability to access at the measurement date. Level 1 primarily consists of financial instruments whose value is based on quoted market prices such as exchange-traded instruments and listed equities.

 

Level 2 - Inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly or indirectly (e.g., quoted prices of similar assets or liabilities in active markets, or quoted prices for identical or similar assets or liabilities in markets that are not active).

 

Level 3 - Unobservable inputs for the asset or liability. Financial instruments are considered Level 3 when their fair values are determined using pricing models, discounted cash flows or similar techniques and at least one significant model assumption or input is unobservable.

 

The carrying amounts reported in the balance sheets approximate their fair value.

 

Earnings (Loss) / Income per Membership Interest

 

Upon completion of an Offering, each Series intends to comply with accounting and disclosure requirements of ASC Topic 260, Earnings per Share. For each Series, earnings (loss) / income per interest will be computed by dividing net (loss) / income for a particular Series by the weighted average number of outstanding interests in that particular Series during the year.

 

Recently Issued Accounting Pronouncements

 

In May 2014, the FASB issued ASU 2014-09, Revenue from Contracts with Customers (Topic 606). This ASU supersedes the previous revenue recognition requirements in ASC Topic 605—Revenue Recognition and most industry-specific guidance throughout the ASC. The core principle within this ASU is to recognize revenues when promised goods or services are transferred to customers in an amount that reflects the consideration expected to be received for those goods or services. In August 2015, the FASB issued ASU 2015-14, Revenue from Contracts with Customers, which deferred the effective date for ASU 2014-09 by one year to fiscal years beginning after December 15, 2017, while providing the option to early adopt for fiscal years beginning after December 15, 2016. Transition methods under ASU 2014-09 must be through either (i) retrospective application to each prior reporting period presented or (ii) retrospective application with a cumulative effect adjustment at the date of initial application. We adopted this new standard upon formation in October 2019. The adoption of this standard did not have a material impact on our financial statements.

  

30

 

 

We do not believe that any other recently issued, but not yet effective, accounting standards could have a material effect on the accompanying combined financial statements. As new accounting pronouncements are issued, we will adopt those that are applicable under the circumstances.

 

Item 3. Directors and Officers

 

Directors, Executive Officers and Significant Employees of the Company

 

Neither the Company, nor any Series, has any directors, executive officers, or employees, and we do not expect the Company or any Series to appoint or hire any directors, executive officers, or employees.

 

Directors, Executive Officers and Significant Employees of the Manager

 

The following individuals constitute the members of the board of directors (the “Board”), executive management and significant employees of the Manager:

 

Name   Position   Age   Term of Office
Directors and Executive Officers:            
Yishai Cohen   Chairman, Chief Executive Officer and President   27   Since September 2019
Amit Assaraf   Chief Technology Officer, Director   26   Since September 2019
 Charles Tomlinson   Head of Finance    58   Since February 2022
Non-Employee Directors:            
Arnon Dinur   Director   50   Since September 2019
Gigi Levy-Weiss   Director   50   Since September 2019
Yaniv Sarig   Director   43   Since September 2019

 

There are no family relationships between any director, executive officer or significant employee of the Manager.

 

Directors and Executive Officers

 

Yishai Cohen, Chairman, Chief Executive Officer and President. Mr. Cohen is the co-founder of Landa Holdings, Inc. and has served as its President and Chairman of the Board since September 2019, and its Chief Executive Officer since April 2020. Prior to founding Landa Holdings, Inc., Mr. Cohen was the founder of SmartBus, an Israeli-based business-to-business transportation platform, which was acquired in 2016. Mr. Cohen has extensive experience in internet and mobile products, marketplaces and technology.

 

Amit Assaraf, Chief Technology Officer and Director. Mr. Assaraf is the co-founder of Landa Holdings, Inc. and has served as its Chief Technology Officer and member of the Board of Landa Holdings, Inc. since September 2019. Mr. Assaraf has over 10 years of experience in software engineering and system architecture, specializes in consumer products and cyber security. Prior to co-founding Landa Holdings, Inc., Mr. Assaraf served as a technical lead of several high-tech companies, including Landbridge Ltd., Helpi Ltd., Genesis Labs Ltd., and CityPark Ltd. Mr. Assaraf is a graduate of the Elite Intelligence Unit 8200 of the Israeli Defense Forces.

 

Charles Tomlinson, Head of Finance Mr. Tomlinson has served as the Principal Financial Officer and Principal Accounting Officer of Landa Holdings, Inc. since February 2022. Mr. Tomlinson has over 30 years of experience in the real estate industry and has actively managed several real estate investment trusts. Prior to joining Landa Holdings, Inc., Mr. Tomlinson served as Director of REIT Compliance for Equus Capital Partners, Ltd. Mr. Tomlinson is a graduate of the University of Maryland with a B.S. in Accounting and Finance.

 

31

 

 

Non-Employee Directors

 

Arnon Dinur, Director. Mr. Dinur has served as a member of the Board of Landa Holdings, Inc. since September 2019. Mr. Dinur is a partner at 83North, and serves also as a director at Applicaster Ltd., Beach Bum Ltd., Lendbuzz, Inc., Marqeta, Inc., Mixtiles Ltd., EX.CO Ltd., Podimo ApS, Snappy App, Inc., Stuff That Works Ltd., Superplay Ltd., Terrascope Limited (Fatmap) and VIA Transportation, Inc. He also serves as a board observer at Bluevine Capital Inc. and Wolt Enterprises Oy. Mr. Dinur is also a board member at Lobby99, a non-profit organization. Mr. Dinur holds a LL.B. in Law and a BA in accounting from Tel Aviv University, and an MBA from the University of Texas at Austin.

 

Gigi Levy-Weiss, Director. Mr. Levy-Weiss has served as a member of the Board of Landa Holdings, Inc. since September 2019. Mr. Levy-Weiss is the founding partner of NFX, a $275 million leading seed venture firm. Prior to NFX, Gigi served as the CEO of 888 Holdings, PLC (LSE: 888.L). Mr. Levy-Weiss previously founded, and assumed senior positions at, a number of startups including Playtika and Inception, and has been an investor in companies such as Kenshoo, Moon Active, Plarium, MyHeritage, Optimove, Selina, Houseparty, R2Net, SimilarWeb, NanoRep, Replay Technology, and SpaceApe. Mr. Levy-Weiss currently serves on the Supervisory Board of Bertelsmann SE & Co. KGaA and on the Client Advisory Council of Facebook. In addition, Mr. Levy-Weiss is a member of the board of directors of the Middle East Entrepreneurs of Tomorrow and is a member of the advisory board of the Technology Management, Innovation and Entrepreneurship MBA at Tel Aviv University. Mr. Levy-Weiss served as a pilot in the Israeli Air Force and holds an MBA from the Kellogg School of Management at Northwestern University.

 

Yaniv Sarig, Director. Mr. Sarig has served as a member of the Board of Landa Holdings, Inc. since September 2019. Mr. Sarig is a co-founder, director and President and Chief Executive Officer of Mohawk Group, Inc. Prior to co-founding Mohawk, Mr. Sarig led the Financial Services Engineering department at Coverity, a leading software startup providing code quality and security solutions for top financial institutions and hedge funds in New York including NYSE, Nasdaq, JPMC and Barclays, from April 2012 to April 2014. Before joining Coverity, Mr. Sarig held lead technical roles at Bloomberg from October 2011 to April 2012 and EPIQ Systems, Inc. (Nasdaq: EPIQ), a legal process outsourcing company, from February 2006 to October 2011. Prior to moving to New York City, Mr. Sarig lived in Israel where he held various software engineering roles at startups from various industries including companies involved in digital printing solutions and military navigation systems. Mr. Sarig served in the IDF Special Forces where he obtained the rank of Sergeant First Class and holds a BS in Computer Science from Touro College.

 

Compensation of Executive Officers

 

Neither the Company, nor any Series has any executive officers or employees, nor does the Company or any Series currently intend to hire any executive officers or employees who will be compensated directly by us. Each of the executive officers of our Manager manages our day-to-day affairs; oversees the review, selection and recommendation of investment opportunities; services acquired investments; and monitors the performance of these investments to ensure that they are consistent with our investment objectives. Each of these individuals receives compensation for his or her services, including services performed for us on behalf of our Manager, from our manager. Although each Series indirectly bears some of the costs of the compensation paid to these individuals, through the monthly management fee that each Series pays to the Manager, we do not intend to pay any compensation directly to these individuals.

 

Compensation of our Manager

 

For information regarding the compensation of our Manager, please see “Description of our Business – Manager Compensation” in our Offering Circular, which can be found here and is incorporated herein by reference.

 

32

 

 

Item 4. Security Ownership of Management and Certain Securityholders

 

The Company and each Series are managed by the Manager and do not have directors or executive officers. The Manager is the sole member of the Company and neither the Manager nor any of its directors or executive officers own Shares in any of the Series.

 

Item 5. Interest of Management and Others in Certain Transactions Other Information

 

We are subject to various conflicts of interest arising out of our relationship with the Manager and its affiliates.

 

Please see “Interest of Management and Others in Certain Transactions Other Information” in our Offering Circular, which can be found here and is incorporated herein by reference .

 

Transactions

 

Property Acquisitions

 

Each Series previously issued an Acquisition Note to the Manager in connection with the acquisition of its property.

 

The acquisitions of the Properties by the Series were not, or will not be, arm’s length transactions. Each Series treated, or will treat, its acquisition as a transaction between entities under common control per Accounting Standards Codification (“ASC”) 805-50 and recorded, or will record, the transaction at its carryover basis.

 

Nevertheless, Landa Properties acquired each Property for either the same purchase price that each Series paid for such Property or the most recent appraisal value or broker price opinion, as applicable, for such Property.

 

For more information on the purchase prices of the Properties, please see “Use of Proceeds” in our Offering Circular, which can be found here and is incorporated herein by reference.

 

Loans

 

Acquisition Notes

 

Each Series financed 100% of the costs associated with the acquisition of its Property, including an acquisition fee and expenses associated with sourcing its Property, with an Acquisition Note issued by such Series to the Manager.

 

Refinance Notes

 

Each Series paid down, or otherwise discharged, a portion of the outstanding balance of its Acquisition Note with the proceeds from a Refinance Note.

 

See Item 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations—Loans for information related to each of the Acquisition Notes and Refinance Notes.

 

33

 

 

Our Affiliates’ Interests

 

General

 

The Manager also serves as manager to Landa App 2 LLC and Landa App 3 LLC, each a Delaware series limited liability company also formed for the purpose of offering a unique investment opportunity for eligible investors to benefit from the performance of curated and fully managed rental real estate properties. Each series of Landa App 2 LLC and Landa App 3 LLC is similarly managed by the Manager. The Manager may also manage other affiliate companies in the future.

 

The executive officers of the Manager will also manage operations for each Series. These persons will have legal obligations with respect to those entities that are similar to their obligations to the Company. In the future, however, these persons and other affiliates of the Manager may organize other real estate-related programs and acquire for their own accounts real estate properties that may be suitable for us.

 

In addition, each of the Manager’s executive officers will also provide executive and management services to other affiliated entities. As a result, they will owe duties to each of these entities, their holders, members and partners. These duties may from time-to-time conflict with the duties that they owe to the Company and each Series. These persons will also have conflicts of interest with respect to our agreements and arrangements with the Manager and other affiliates of the Manager, which were not negotiated at arm’s length, and their terms may not have been as favorable to us as if they had been negotiated at arm’s length with an unaffiliated third party. Except as provided in the Master Agreement or the applicable Management Agreement, the Manager is not required to make available any particular individual personnel to us or any Series.

 

The Manager’s executive officers will not be required to devote a specific amount of time to our affairs. As a result, we cannot provide any assurances regarding the amount of time the Manager will dedicate to the management of our business. Accordingly, we may compete with the Manager and any of its current and future programs, funds, vehicles, managed accounts, ventures or other entities owned and/or managed by the Manager or one of its affiliates, including the Manager, which we refer to collectively as the Manager-sponsored vehicles, for the time and attention of these officers in connection with our business. We may not receive the level of support and assistance that we might otherwise receive if we were internally managed.

 

For more information related to the risks associated with the Manager’s management of our affiliates who operate competing businesses, please see the section entitled “Risk Factors—Risk Related to the Company and the Manager–The Manager may have a conflict of interest as it manages multiple Series, the Company, and an affiliate company of ours that leases residential properties and has a financial interest in certain agreements of the Series, any of which could result in the Manager not acting in the best interest of a particular Series” of our Offering Circular, which can be found here and is incorporated herein by reference.

 

Payment of Certain Fees and Expenses of the Manager

 

Each Series pays or reimburses the Manager for fees and expenses incurred by the Manager in connection with its management of the Series and the Properties, including, but not limited to, any ongoing expense of the Series or the Property that is paid by the Manager, expenses in connection with the special servicing of the non-performing Properties and the liquidation of the Properties, and, if applicable, interest payments on related-party loans for operations, issued by the Manager to a Series. These fees and expenses payable by the Series to the Manager and its affiliates were not determined on an arm’s length basis.

 

Please see “Management’s Discussion and Analysis of Financial Condition and Results of Operations – Other Fees to the Manager” for more information about the fees and expenses payable to the Manager. See also “Interest of Management and Others in Certain Transactions Other Information” in our Offering Circular, which can be found here and is incorporated herein by reference.

 

Item 6. Other Information

 

None.

 

34

 

 

Item 7. Financial Statements

 

INDEX TO THE FINANCIAL STATEMENTS

 

    Page
Report of the Independent Auditors   F-2
     
Combined Balance Sheets as of December 31, 2022 and December 31, 2021   F-3
     
Combined Statements of Operations for the years ended December 31, 2022 and December 31, 2021   F-4
     
Combined Statements of Members’ Equity for the years ended December 31, 2022 and December 31, 2021   F-5
     
Combined Statements of Cash Flows for the years ended December 31, 2022 and December 31, 2021   F-6
     
Notes to the Financial Statements   F-75

 

F-1

 

 

REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

To the Members and Manager of

Landa App LLC

 

Opinion on the Financial Statements

 

We have audited the accompanying combined and combining balance sheets of Landa App LLC in total and for each series of Landa App LLC (collectively the “Series”): Series names referenced below in Note 2 Summary of Significant Accounting Policies, (collectively the “Company”) as of December 31, 2022 and 2021, the related combined and combining statements of operations, members’ equity and cash flows for each of the two years in the period ended December 31, 2022, and the related notes (collectively referred to as the “financial statements”). In our opinion, the financial statements present fairly, in all material respects, the financial position of the Company as of December 31, 2022 and 2021, and the results of its operations and its cash flows for each of the two years in the period ended December 31, 2022, in conformity with accounting principles generally accepted in the United States of America.

 

Explanatory Paragraph – Going Concern

 

The accompanying combined and combining financial statements have been prepared assuming that the Company will continue as a going concern. As more fully described in Note 1, Landa App LLC has not commenced its planned principal operations and has not generated revenues or profits from inception. Once Landa App LLC commences its planned principal operations it will incur significant additional expenses and be dependent upon additional capital resources. In addition, each Series commenced operations and has incurred losses and is dependent upon additional capital resources. These conditions raise substantial doubt about Landa App LLC and each Series’ ability to continue as a going concern. Management's plans in regard to these matters are also described in Note 1. The financial statements do not include any adjustments that might result from the outcome of this uncertainty.

 

Basis for Opinion

 

These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on the Company's financial statements based on our audits. We are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) ("PCAOB") and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.

 

We conducted our audits in accordance with the standards of the PCAOB and in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether due to error or fraud. The Company is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting. As part of our audits we are required to obtain an understanding of internal control over financial reporting but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control over financial reporting. Accordingly, we express no such opinion.

 

Our audits included performing procedures to assess the risks of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that our audits provide a reasonable basis for our opinion.

 

/s/ Marcum llp

 

Marcum llp

 

We have served as the Company’s auditor since 2020.

 

New York, NY

May 9, 2023

 

F-2

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINED BALANCE SHEET

 

   December 31, 
   2022   2021 
         
Assets        
Cash  $176,729   $79,897 
Restricted cash   40,216    - 
Escrow   6,173    - 
Accounts receivable, net   7,571    775 
Due from related party   44,248    25,956 
Investments in single-family residential properties   5,068,614    850,908 
Accumulated depreciation   (188,052)   (38,472)
           
Total Assets  $5,155,499   $919,064 
           
Liabilities          
Due to related party  $155,888   $- 
Other liabilities   57,958    24,459 
Security deposit   39,318    5,025 
Promissory note - related party   188,173    471,015 
Notes payable - related party   52,515    344,523 
Mortgage payable   3,358,200    - 
           
Total Liabilities  $3,852,052   $845,022 
           
Members’ equity   1,303,447    74,042 
           
Total Liabilities and Members’ Equity  $5,155,499   $919,064 

 

The accompanying notes are an integral part of these combined financial statements.

 

F-3

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINED STATEMENT OF OPERATIONS

 

  

Year Ended

December 31,

 
   2022   2021 
Revenue        
Rental income  $512,735   $78,454 
Gain on sale of real estate   142,750    - 
Total revenue   655,485    78,454 
           
Expenses          
Management fee   39,888    6,254 
Repairs & maintenance   117,195    12,168 
HOA fee   15,274    1,330 
Insurance expense   15,552    3,360 
Real estate taxes   70,129    10,197 
Depreciation expense   161,513    26,115 
Interest expense   172,141    16,232 
Bad debt expense   -    1,997 
Other expense   2,630    264 
           
Total expenses   594,322    77,917 
           
Income (loss) before income taxes  $61,163   $537 
           
Provision for income taxes   40,731    2,453 
           
Net income (loss)  $20,432   $(1,916)

 

The accompanying notes are an integral part of these combined financial statements.

 

F-4

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINED STATEMENT OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

 

   Total
Combined
Members’
Equity		 
      
Opening balance January 1, 2021  $ (10,586)
     
Proceeds from members’ interest   90,043 
      
Distributions   (3,499)
      
Net loss   (1,916)
      
Balance at December 31, 2021  $74,042 
      
Proceeds from members’ interest   1,537,625 
      
Distributions   (164,681)
      
Sale distribution   (128,537)
      
Distribution to manager   (35,434)
      
Net income   20,432 
      
Balance at December 31, 2022  $1,303,447 

 

The accompanying notes are an integral part of these combined financial statements.

 

F-5

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINED STATEMENT OF CASH FLOWS

 

   Year Ended December 31, 
   2022   2021 
Cash flows from operating activities:          
Net income (loss)  $20,432   $(1,916)
Adjustments to reconcile net income (loss) to net cash          
provided by operating activities:          
Depreciation   161,513    26,115 
Amortization of debt discount   -    4,928 
Bad debt expense   -    1,997 
Gain on sale of real estate   (142,750)   - 
Changes in assets and liabilities:          
Escrow   (6,173)   - 
Accounts receivable   (6,796)   (1,022)
Due from related party   (8,912)   (25,309)
Due to related party   146,506    (5,769)
Other liabilities   33,223    21,325 
Security deposit   34,568      
Net cash provided by operating activities   231,611    20,349 
           
Cash flows from investing activities:          
Purchase of real estate investments   (4,425,886)   (9,355)
Proceeds from sale of real estate investments   339,000    - 
Net cash used in investing activities   (4,086,886)   (9,355)
           
Cash flows from financing activities:          
Shareholder Proceeds   1,537,625    90,043 
Shareholder Dividends   (328,652)   (3,499)
Repayment of promissory note - related party   (203,865)   - 
Repayment of note - related party   (370,985)   (36,073)
Proceeds from mortgages   3,475,262    - 
Repayment of mortgages   (117,062)   - 
Net cash provided by financing activities   3,992,323    50,471 
           
Net increase in cash   137,048    61,465 
           
Cash and restricted cash at beginning of year  79,897   18,432 
           
Cash and restricted cash at end of year  $216,945   $79,897 
           
Supplemental disclosure of cash flow information:          
Cash paid for income taxes  $-   $- 
Cash paid for interest  $

139,972

  

$

- 

 

The accompanying notes are an integral part of these combined financial statements.

 

F-6

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

 

   Landa App LLC   Landa Series 115
Sardis Street		   Landa Series 1394
Oakview Circle		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $      -   $   -   $583   $3,270   $3,259   $3,148 
Restricted cash   -    -    -    -    775    - 
Escrow   -    -    -    -    -    - 
Accounts receivable   -    -    851    -    367    - 
Due from related party   -    -    2,255    -    3,706    7,451 
Investments in single-family residential properties, net of depreciation   -    -    105,330    109,298    72,931    75,155 
                               
Total Assets  $-   $-   $109,019   $112,568   $81,038   $85,754 
                               
Liabilities and Members’ Equity                              
Due to related party  $-   $-   $-   $463   $-   $- 
Other liabilities   -    -    -    1,564    986    2,946 
Security deposit   -    -    -    -    775    500 
Promissory note - related party   -    -    64,789    64,789    -    44,015 
Notes payable - related party   -    -    52,515    52,515    -    - 
Acquisition note payable   -    -    -    -    -    - 
Mortgage payable   -    -    -    -    44,015    - 
                               
Total Liabilities   -    -    117,304    119,331    45,776    47,461 
                               
Members’ Equity (Deficit)                              
Members’ equity (deficit)   -    -    (8,285)   (6,763)   35,262    38,293 
                               
Total Liabilities and Members’ Equity (Deficit)  $-   $-   $109,019   $112,568   $81,038   $85,754 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-7

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 1701
Summerwoods Lane		   Landa Series 1741
Park Lane		   Landa Series 209
Timber Wolf Trail		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $1,930   $38,376   $1,996   $21,582   $2,379   $3,148 
Restricted cash   925.00         -         500      
Escrow   -    -    -    -    -    - 
Accounts receivable   -    -    -    -    -    775 
Due from related party   11,369    6,551    12,500    5,490    1,216    7,802 
Investments in single-family residential properties, net of depreciation   -    89,660    -    108,782    109,600    113,038 
                               
Total Assets  $14,224   $134,587   $14,496   $135,854   $113,695   $124,763 
                               
Liabilities and Members’ Equity                              
Due to related party  $-   $-   $-   $-   $-   $- 
Other liabilities   17,780.00    3,169.00    18,115.00    2,649.00    1,016    2,453 
Security deposit   -    950    -    -    500    775 
Promissory note - related party   -    52,703    -    64,359    50,785    66,476 
Notes Payable - related party   -    42,788    -    52,215    -    53,351 
Acquisition note payable   -    -    -    -    -    - 
Mortgage payable  $-    -   $-    -   $61,750    - 
                               
Total Liabilities   17,780    99,610    18,115    119,223    114,051    123,055 
                               
Members’ Equity (Deficit)                              
Members’ equity (deficit)  $(3,556)   34,977   $(3,619)   16,631   $(356)   1,708 
                               
Total Liabilities and Members’ Equity (Deficit)  $14,224   $134,587   $14,496   $135,854   $113,695   $124,763 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-8

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 2505
Oak Circle		   Landa Series 271
Timber Wolf Trail		   Landa Series 29
Holly Grove Road		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $2,836   $3,723   $7   $3,649   $199   $3,001 
Restricted cash   1,250                   600      
Escrow   -    -    33    -    -    - 
Accounts receivable   -    -    -    -    -    - 
Due from related party   -    -    -    4,282    -    3,762 
Investments in single-family residential properties, net of depreciation   97,086    100,135    118,018    121,800    91,494    94,568 
                               
Total Assets  $101,172   $103,858   $118,058   $129,731   $92,293   $101,331 
                               
Liabilities and Members’ Equity                              
Due to related party  $14,453   $8,919   $8,928   $-   $1,813   $- 
Other liabilities   374.00    1,372.00    -    8,277.00    147    2,029 
Security deposit   1,250    1,250    -    950    600    600 
Promissory note - related party   11,210    54,728    52,160    68,227    9,229    55,718 
Notes Payable - related party   -    43,742    -    55,185    -    44,727 
Acquisition note payable   -    -    -    -    -    - 
Mortgage payable  $76,700    -   $62,400    -   $84,500    - 
                               
Total Liabilities   103,987    110,011    123,488    132,639    96,289    103,074 
                               
Members’ Equity (Deficit)                              
Members’ equity (deficit)  $(2,815)   (6,153.00)  $(5,430)   (2,908)  $(3,996)   (1,743.00)
                               
Total Liabilities and Members’ Equity (Deficit)  $101,172   $103,858   $118,058   $129,731   $92,293   $101,331 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-9

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 1703
Summerwoods Lane		   Landa Series 1712
Summerwoods Lane		   Landa Series 1743
Summerwoods Lane		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $2,886   $     -   $4,253   $    -   $4,285   $      - 
Restricted cash   950         875         1,225      
Escrow   123    -    133    -    117    - 
Accounts receivable   -    -    -    -    -    - 
Due from related party   629    -    -    -    -    - 
Investments in single-family residential properties, net of depreciation   108,069    -    108,069    -    108,069    - 
                               
Total assets  $112,657   $-   $113,330   $-   $113,696   $- 
                               
Liabilities and members’ equity                              
Due to related party  $-   $-   $2,713   $-   $550   $- 
Other liabilities   1,532    -    -    -    680    - 
Security deposit   950    -    875    -    1,225    - 
Promissory note - related party   -    -    -    -    -    - 
Notes payable - related party   -    -    -    -    -    - 
Acquisition note payable   -    -    -    -    -    - 
Mortgage payable   77,925    -    67,535    -    77,925    - 
                               
Total liabilities   80,407    -    71,123    -    80,380    - 
                               
Members’ equity (deficit)                              
Members’ equity (deficit)   32,250    -    42,207    -    33,316    - 
                               
Total liabilities and members’
equity (deficit)		  $112,657   $-   $113,330   $-   $113,696   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-10

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 1750
Summerwoods Lane		   Landa Series 4267
High Park Lane		   Landa Series 4474
Highwood Park Drive		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $3,560   $—   $110   $—   $366   $— 
Restricted cash   —         975         1,000      
Escrow   253    —    —    —    —    — 
Accounts receivable   —    —    4,830    —    —    — 
Due from related party   223    —    —    —    —    — 
Investments in single-family residential properties, net of depreciation   108,069    —    144,354    —    129,882    — 
                               
Total assets  $112,105   $—   $150,269   $—   $131,248   $— 
                               
Liabilities and members’ equity                              
Due to related party  $—   $—   $3,683   $—   $6,268   $— 
Other liabilities   566    —    700    —    858    — 
Security deposit   —    —    975    —    1,000    — 
Promissory note - related party   —    —    —    —    —    — 
Notes payable - related party   —    —    —    —    —    — 
Acquisition note payable   —    —    —    —    —    — 
Mortgage payable   77,925    —    104,250    —    93,750    — 
                               
Total liabilities   78,491    —    109,608    —    101,876    — 
                               
Members’ equity (deficit)                              
Members’ equity   33,614    —    40,661    —    29,372    — 
                               
Total liabilities and members’ equity (deficit)  $112,105   $—   $150,269   $—   $131,248   $— 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-11

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 8569
Creekwood Way		   Landa Series 9439
Lakeview Road		   Landa Series 10167
Port Royal Court		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $9,301   $—   $5,268   $—   $2,227   $— 
Restricted cash   500         1,050         915      
Escrow   252    —    624    —    —    — 
Accounts receivable   —    —    —    —    —    — 
Due from related party   —    —    —    —    —    — 
Investments in single-family residential properties, net of depreciation   79,229    —    172,161    —    105,126    — 
                               
Total assets  $89,282   $—   $179,103   $—   $108,268   $— 
                               
Liabilities and members’ equity                              
Due to related party  $9,042   $—   $5,723   $—   $325   $— 
Other liabilities   81    —    —    —    465    — 
Security deposit   500    —    1,050    —    915    — 
Promissory note - related party   —    —    —    —    —    — 
Notes payable - related party   —    —    —    —    —    — 
Acquisition note payable   —    —    —    —    —    — 
Mortgage payable   49,400    —    124,425    —    82,500    — 
                               
Total liabilities   59,023    —    131,198    —    84,205    — 
                               
Members’ equity (deficit)                              
Members’ equity   30,259    —    47,905    —    24,063    — 
                               
Total liabilities and members’ equity (deficit)  $89,282   $—   $179,103   $—   $108,268   $— 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-12

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 1246
Elgin Way		   Landa Series 1910
Grove Way		   Landa Series 593
Country Lane Drive		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $1,974   $—   $8,525   $—   $2,528   $— 
Restricted cash   1,150         1,523         971      
Escrow   —    —    66    —    —    — 
Accounts receivable   —    —    1,523    —    —    — 
Due from related party   305    —    —    —    249    — 
Investments in single-family residential properties, net of depreciation   126,923    —    99,387    —    91,099    — 
                               
Total assets  $130,352   $—   $111,024   $—   $94,847   $— 
                               
Liabilities and members’ equity                              
Due to related party  $—   $—   $19,770   $—   $—   $— 
Other liabilities   85    —    1,062    —    636    — 
Security deposit   1,150    —    1,523    —    971    — 
Promissory note - related party   —    —    —    —    —    — 
Notes payable - related party   —    —    —    —    —    — 
Acquisition note payable   —    —    —    —    —    — 
Mortgage payable   95,250    —    82,500    —    71,250    — 
                               
Total liabilities   96,485    —    104,855    —    72,857    — 
                               
Members’ equity (deficit)                              
Members’ equity   33,867    —    6,169    —    21,990    — 
                               
Total liabilities and members’ equity (deficit)  $130,352   $—   $111,024   $—   $94,847   $— 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-13

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 6436
Stone Terrace		   Landa Series 6440
Woodstone Terrace		   Landa Series 6848
Sandy Creek Drive		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $1,009   $—   $1,179   $—   $1,225   $— 
Restricted cash   1,000         —         975      
Escrow   603    —    —    —    —    — 
Accounts receivable   —    —    —    —    —    — 
Due from related party   —    —    —    —    109    — 
Investments in single-family residential properties, net of depreciation   57,496    —    61,550    —    82,102    — 
                               
Total assets  $60,108   $—   $62,729   $—   $84,411   $— 
                               
Liabilities and members’ equity                              
Due to related party  $974   $—   $17,916   $—   $—   $— 
Other liabilities   526    —    —    —    1,597    — 
Security deposit   1,000    —    27    —    975    — 
Promissory note - related party   —    —    —    —    —    — 
Notes payable - related party   —    —    —    —    —    — 
Acquisition note payable   —    —    —    —    —    — 
Mortgage payable   45,000    —    46,500    —    64,500    — 
                               
Total liabilities   47,500    —    64,443    —    67,072    — 
                               
Members’ equity (deficit)                              
Members’ equity (deficit)   12,608    —    (1,714)   —    17,339    — 
                               
Total liabilities and members’ equity (deficit)  $60,108   $—   $62,729   $—   $84,411   $— 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-14

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 687
Utoy Court		   Landa Series 729
Winter Lane		   Landa Series 7349
Exeter Court		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                              
Cash  $3,056   $—   $9,547   $—   $2,756   $— 
Restricted cash   1,157         500         1,000      
Escrow   210    —    102    —    —    — 
Accounts receivable   —    —    —    —    —    — 
Due from related party   —    —    —    —    236    — 
Investments in single-family residential properties, net of depreciation   109,719    —    108,101    —    105,171    — 
                               
Total assets  $114,142   $—   $118,250   $—   $109,163   $— 
                               
Liabilities and members’ equity                              
Due to related party  $4,175   $—   $18,613   $—   $—   $— 
Other liabilities   —    —    255    —    1,125    — 
Security deposit   1,157    —    500    —    1,000    — 
Promissory note - related party   —    —    —    —    —    — 
Notes payable - related party   —    —    —    —    —    — 
Acquisition note payable   —    —    —    —    —    — 
Mortgage payable   82,500    —    82,500    —    71,500    — 
                               
Total liabilities   87,832    —    101,868    —    73,625    — 
                               
Members’ equity (deficit)                              
Members’ equity   26,310    —    16,382    —    35,538    — 
                               
Total liabilities and members’ equity (deficit)  $114,142   $—   $118,250   $—   $109,163   $— 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-15

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 8645
Embrey Drive		   Landa Series 8780
Churchill Place		   Landa Series 8796
Parliament Place		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $1,007   $—   $1,474   $—   $4,641   $— 
Restricted cash   1,050         1,200         975      
Escrow   54    —    —    —    —    — 
Accounts receivable   —    —    —    —    —    — 
Due from related party   34    —    —    —    —    — 
Investments in single-family residential properties, net of depreciation   113,019    —    126,005    —    104,412    — 
                               
Total assets  $115,164   $—   $128,679   $—   $110,028   $— 
                               
Liabilities and members’ equity                              
Due to related party  $—   $—   $833   $—   $1,522   $— 
Other liabilities   174    —    483    —    1,123    — 
Security deposit   1,050    —    1,200    —    975    — 
Promissory note - related party   —    —    —    —    —    — 
Notes payable - related party   —    —    —    —    —    — 
Acquisition note payable   —    —    —    —    —    — 
Mortgage payable   84,750    —    94,500    —    78,750    — 
                               
Total liabilities   85,974    —    97,016    —    82,370    — 
                               
Members’ equity (deficit)                              
Members’ equity   29,190    —    31,663    —    27,658    — 
                               
Total liabilities and members’ equity (deficit)  $115,164   $—   $128,679   $—   $110,028   $— 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-16

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 8641
Ashley Way		   Landa Series 8651
Ashley Way		   Landa Series 8652
Ashley Way		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $6,303   $           -   $5,323   $         -   $3,646   $          - 
Restricted cash   900         800         2,200      
Escrow   238    -    233    -    217    - 
Accounts receivable   -    -    -    -    -    - 
Due from related party   -    -    -    -    -    - 
Investments in single-family residential properties   135,359    -    113,181    -    125,855    - 
                               
Total assets  $142,800   $-   $119,537   $-   $131,918   $- 
                               
Liabilities and members’ equity                              
Due to related party  $50   $-   $6,160   $-   $8,576   $- 
Other liabilities   162    -    54    -    402    - 
Security deposit   900    -    800    -    2,200    - 
Promissory note - related party   -    -    -    -    -    - 
Notes payable - related party   -    -    -    -    -    - 
Acquisition note payable   -    -    -    -    -    - 
Mortgage payable   96,357    -    80,424    -    76,700    - 
                               
Total liabilities   97,469    -    87,438    -    87,878    - 
                               
Members’ equity (deficit)                              
Members’ equity   45,331    -    32,099    -    44,040    - 
                               
Total liabilities and members’ equity (deficit)  $142,800   $-   $119,537   $-   $131,918   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-17

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 8653
Ashley Way		   Landa Series 8654
Ashley Way		   Landa Series 8655
Ashley Way		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $4,715   $         -   $5,037   $           -   $10,649   $        - 
Restricted cash   700         1,350         -      
Escrow   237    -    222    -    244    - 
Accounts receivable   -    -    -    -    -    - 
Due from related party   4,609    -    -    -    -    - 
Investments in single-family residential properties, net of depreciation   112,125    -    125,854    -    117,416    - 
                               
Total assets  $122,386   $-   $132,463   $-   $128,309   $- 
                               
Liabilities and members’ equity                              
Due to related party  $-   $-   $446   $-   $7,388   $- 
Other liabilities   4,844    -    -    -    -    - 
Security deposit   700    -    1,350    -    -    - 
Promissory note - related party   -    -    -    -    -    - 
Notes payable - related party   -    -    -    -    -    - 
Acquisition note payable   -    -    -    -    -    - 
Mortgage payable   68,250    -    89,529    -    71,500    - 
                               
Total liabilities   73,794    -    91,325    -    78,888    - 
                               
Members’ equity (deficit)                              
Members’ equity   48,592    -    41,138    -    49,421    - 
                               
Total liabilities and members’ equity (deficit)  $122,386   $-   $132,463   $-   $128,309   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-18

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 8659
Ashley Way		   Landa Series 8662
Ashley Way		   Landa Series 8668
Ashley Way		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $8,336   $         -   $7,032   $       -   $12,577   $        - 
Restricted cash   2,125         925         1,000      
Escrow   266    -    227    -    223    - 
Accounts receivable   -    -    -    -    -    - 
Due from related party   -    -    -    -    1,032    - 
Investments in single-family residential properties, net of depreciation   134,315    -    130,090    -    139,597    - 
                               
Total assets  $145,042   $-   $138,274   $-   $154,429   $- 
                               
Liabilities and members’ equity                              
Due to related party  $5,313   $-   $1,843   $-   $-   $- 
Other liabilities   344    -    61    -    89    - 
Security deposit   2,125    -    925    -    1,000    - 
Promissory note - related party   -    -    -    -    -    - 
Notes payable - related party   -    -    -    -    -    - 
Acquisition note payable   -    -    -    -    -    - 
Mortgage payable   81,900    -    84,500    -    99,392    - 
                               
Total liabilities   89,682    -    87,329    -    100,481    - 
                               
Members’ equity (deficit)                              
Members’ equity   55,360    -    50,945    -    53,948    - 
                               
Total liabilities and members’ equity (deficit)  $145,042   $-   $138,274   $-   $154,429   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-19

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 8670
Ashley Way		   Landa Series 8674
Ashley Way		   Landa Series 8675
Ashley Way		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $1,739   $               -   $3,025   $               -   $2,573   $             - 
Restricted cash   975         1,300         1,100      
Escrow   202    -    192    -    237    - 
Accounts receivable   -    -    -    -    -    - 
Due from related party   5,325    -    -    -    -    - 
Investments in single-family residential properties, net of depreciation   146,991    -    124,810    -    122,697    - 
                               
Total assets  $155,232   $-   $129,327   $-   $126,607   $- 
                               
Liabilities and members’ equity                              
Due to related party  $-   $-   $1,608   $-   $3,803   $- 
Other liabilities   344    -    -    -    244    - 
Security deposit   975    -    1,300    -    1,100    - 
Promissory note - related party   -    -    -    -    -    - 
Notes payable - related party   -    -    -    -    -    - 
Acquisition note payable   -    -    -    -    -    - 
Mortgage payable   94,250    -    87,750    -    87,253    - 
                               
Total liabilities   95,569    -    90,658    -    92,400    - 
                               
Members’ equity (deficit)                              
Members’ equity   59,663    -    38,669    -    34,207    - 
                               
Total liabilities and members’ equity (deficit)  $155,232   $-   $129,327   $-   $126,607   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-20

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 8677
Ashley Way		   Landa Series 8678
Ashley Way		   Landa Series 8679
Ashley Way		 
   As of December 31,   As of December 31,   As of December 31, 
   2022   2021   2022   2021   2022   2021 
                         
Assets                        
Cash  $6,789   $       -   $3,761   $         -   $3,717   $        - 
Restricted cash   1,050         900         925      
Escrow   241    -    246    -    159    - 
Accounts receivable   -    -    -    -    -    - 
Due from related party   -    -    -    -    451    - 
Investments in single-family residential properties, net of depreciation   115,303    -    155,441    -    124,810    - 
                               
Total assets  $123,383   $-   $160,348   $-   $130,062   $- 
                               
Liabilities and members’ equity                              
Due to related party  $1,582   $-   $1,417   $-   $-   $- 
Other liabilities   438    -    -    -    64    - 
Security deposit   1,050    -    900    -    925    - 
Promissory note - related party   -    -    -    -    -    - 
Notes payable - related party   -    -    -    -    -    - 
Acquisition note payable   -    -    -    -    -    - 
Mortgage payable   81,942    -    104,000    -    88,770    - 
                               
Total liabilities   85,012    -    106,317    -    89,759    - 
                               
Members’ equity (deficit)                              
Members’ equity   38,371    -    54,031    -    40,303    - 
                               
Total liabilities and members’ equity (deficit)  $123,383   $-   $160,348   $-   $130,062   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-21

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING BALANCE SHEETS

(CONTINUED)

 

   Landa Series 8683
Ashley Way		   Total Combined
Balance Sheet		 
   As of December 31,   As of December 31, 
   2022   2021   2022   2021 
                 
Assets                
Cash  $7,141   $         -   $176,729   $79,897 
Restricted cash   925         40,216    - 
Escrow   219    -    6,173    - 
Accounts receivable   -    -    7,571    775 
Due from related party   -    -    44,248    35,338 
Investments in single-family residential properties, net of depreciation   114,247    -    4,880,562    812,436 
                     
Total assets  $122,532   $-   $5,155,499   $928,446 
                     
Liabilities and members’ equity                    
Due to related party  $401   $-   $155,888   $9,382 
Other liabilities   546    -    57,958    24,459 
Security deposit   925    -    39,318    5,025 
Promissory note - related party   -    -    188,173    471,015 
Notes payable - related party   -    -    52,515    344,523 
Acquisition note payable   -    -    -    - 
Mortgage payable   81,183    -    3,358,200    - 
                     
Total liabilities   83,055    -    3,852,052    854,404 
                     
Members’ equity (deficit)                    
Members’ equity   39,477    -    1,303,447    74,042 
                     
Total liabilities and members’ equity  (deficit)  $122,532   $-   $5,155,499   $928,446 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-22

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

 

   Landa App LLC   Landa Series 115
Sardis Street		   Landa Series 1394
Oakview Circle		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $         -   $           -   $10,295   $9,700   $9,765   $9,300 
Gain on sale of real estate   -    -    -    -    -    - 
                               
Total revenue   -    -    10,295    9,700    9,765    9,300 
                               
Expenses                              
Management fee   -    -    742    776    752    744 
Repairs & maintenance   -    -    -    3,889    -    - 
HOA fee   -    -    -    -    -    - 
Insurance expense   -    -    400    445    374    363 
Real estate taxes   -    -    998    943    2,070    1,567 
Depreciation expense   -    -    3,968    3,967    2,224    2,223 
Interest expense   -    -    5,709    2,880    2,137    1,466 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    -    -    -    4 
                               
Total expenses   -    -    11,817    12,900    7,557    6,367 
                               
Net operating income (loss)   -    -    (1,522)   (3,200)   2,208    2,933 
                               
Provision for income taxes   -    -    -    -    552    733 
                               
Net income (loss)  $-   $-   $(1,522)  $(3,200)  $1,656   $2,200 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-23

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 1701
Summerwoods Lane		   Landa Series 1741
Park Lane		   Landa Series 209
Timber Wolf Trail		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $3,990   $11,590   $3,273   $8,700   $9,300   $9,300 
Gain on sale of real estate   70,269    -    72,481    -    -    - 
                               
Total revenue   74,259    11,590    75,754    8,700    9,300    9,300 
                               
Expenses                              
Management fee   319    927    243    696    744    744 
Repairs & maintenance   149    948    -    881    -    - 
HOA fee   200    660    -    -    360    335 
Insurance expense   108    388    124    476    311    439 
Real estate taxes   591    1,774    605    1,813    947    830 
Depreciation expense   930    2,790    1,264    3,793    3,438    3,437 
Interest expense   842    1,596    1,058    2,468    5,564    2,154 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    -    -    -    - 
                               
Total expenses   3,139    9,083    3,294    10,127    11,364    7,939 
                               
Net operating income (loss)   71,120    2,507    72,460    (1,427)   (2,064)   1,361 
                               
Provision for income taxes   17,780    627    18,115    -    -    340 
                               
Net income (loss)  $53,340   $1,880   $54,345   $(1,427)  $(2,064)  $1,021 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-24

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

  

   Landa Series 2505
Oak Circle		   Landa Series 271
Timber Wolf Trail		   Landa Series 29
Holly Grove Road		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $15,188   $9,552   $9,477   $11,832   $8,804   $8,480 
Gain on sale of real estate   -    -    -    -    -    - 
                               
Total revenue   15,188    9,552    9,477    11,832    8,804    8,480 
                               
Expenses                              
Management fee   1,215    764    718    924    704    679 
Repairs & maintenance   1,150    4,543    177    -    689    1,907 
HOA fee   -    -    360    335    -    - 
Insurance expense   300    417    258    444    318    388 
Real estate taxes   1,508    1,077    977    862    1,539    1,331 
Depreciation expense   3,050    3,050    3,782    3,782    3,074    3,073 
Interest expense   4,627    1,511    5,727    2,474    4,733    1,683 
Bad debt expense   -    1,997    -    -    -    - 
Other expense   -    260    -    -    -    - 
                               
Total expenses   11,850    13,619    11,999    8,821    11,057    9,061 
                               
Net Income (loss) before provision for income tax   3,338    (4,067)   (2,522)   3,011    (2,253)   (581)
                               
Provision for income taxes   -    -    -    753    -    - 
                               
Net income (loss)  $3,338   $(4,067)  $(2,522)  $2,258   $(2,253)  $(581)

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-25

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 1703
Summerwoods Lane		   Landa Series 1712
Summerwoods Lane		   Landa Series 1743
Summerwoods Lane		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $11,708   $-   $10,818   $-   $13,153   $- 
Gain on sale of real estate              -               -               -               -               -               - 
                               
Total revenue   11,708    -    10,818    -    13,153    - 
                               
Expenses                              
Management fee   937    -    866    -    1,044    - 
Repairs & maintenance   1,102    -    549    -    -    - 
HOA fee   600    -    600    -    600    - 
Insurance expense   325    -    339    -    317    - 
Real estate taxes   2,042    -    2,042    -    2,042    - 
Depreciation expense   3,535    -    3,535    -    3,535    - 
Interest expense   3,657    -    3,170    -    3,657    - 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    298    -    -    - 
                               
Total expenses   12,198    -    11,399    -    11,195    - 
                               
Net Income (loss) before provision for income tax   (490)   -    (581)   -    1,958    - 
                               
Provision for income taxes   -    -    -    -    489    - 
                               
Net income (loss)  $(490)  $-   $(581)  $-   $1,469   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-26

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 1750
Summerwoods Lane		   Landa Series 4267
High Park Lane		   Landa Series 4474
Highwood Park Drive		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $12,367   $-   $11,802   $-   $13,921   $- 
Gain on sale of real estate            -             -             -             -             -             - 
                               
Total revenue   12,367    -    11,802    -    13,921    - 
                               
Expenses                              
Management fee   989    -    558    -    1,114    - 
Repairs & maintenance   -    -    1,312    -    12,341    - 
HOA fee   600    -    1,800    -    1,800    - 
Insurance expense   455    -    371    -    369    - 
Real estate taxes   2,042    -    1,244    -    1,472    - 
Depreciation expense   3,535    -    4,721    -    4,248    - 
Interest expense   3,657    -    4,893    -    4,400    - 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    -    -    -    - 
                               
Total expenses   11,278    -    14,899    -    25,744    - 
                               
Net Income (loss) before provision for income tax   1,089    -    (3,097)   -    (11,823)   - 
                               
Provision for income taxes   -    -    -    -    -    - 
                               
Net income (loss)  $1,089   $-   $(3,097)  $-   $(11,823)  $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-27

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 8569
Creekwood Way		   Landa Series 9439
Lakeview Road		   Landa Series 10167
Port Royal Court		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $8,758   $-   $15,180   $-   $12,521   $- 
Gain on sale of real estate   -    -    -    -    -    - 
                               
Total revenue   8,758    -    15,180    -    12,521    - 
                               
Expenses                              
Management fee   701    -    1,214    -    1,002    - 
Repairs & maintenance   848    -    2,315    -    804    - 
HOA fee   1,668    -    956    -    -    - 
Insurance expense   439    -    353    -    385    - 
Real estate taxes   849    -    1,423    -    2,342    - 
Depreciation expense   2,591    -    5,631    -    3,438    - 
Interest expense   2,319    -    5,840    -    3,872    - 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    196    -    -    - 
                               
Total expenses   9,415    -    17,928    -    11,843    - 
                               
Net Income (loss) before provision for income tax   (657)   -    (2,748)   -    678    - 
                               
Provision for income taxes   -    -    -    -    169    - 
                               
Net income (loss)  $(657)  $-   $(2,748)  $-   $509   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-28

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 1246
Elgin Way		   Landa Series 1910
Grove Way		   Landa Series 593
Country Lane Drive		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $14,960   $-   $12,265   $-   $12,130   $- 
Gain on sale of real estate   -    -    -    -    -    - 
                               
Total revenue   14,960    -    12,265    -    12,130    - 
                               
Expenses                              
Management fee   1,129    -    813    -    938    - 
Repairs & maintenance   2,649    -    11,709    -    -    - 
HOA fee   -    -    450    -    -    - 
Insurance expense   416    -    716    -    356    - 
Real estate taxes   2,562    -    2,049    -    2,413    - 
Depreciation expense   4,151    -    3,251    -    2,980    - 
Interest expense   4,470    -    3,872    -    3,344    - 
Bad debt expense   -    -    -    -    -    - 
Other expense           -            -    419            -            -            - 
                               
Total expenses   15,377    -    23,279    -    10,031    - 
                               
Net Income (loss) before provision for income tax   (417)   -    (11,014)   -    2,099    - 
                               
Provision for income taxes   -    -    -    -    525    - 
                               
Net income (loss)  $(417)  $-   $(11,014)  $-   $1,574   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-29

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 6436
Stone Terrace		   Landa Series 6440
Woodstone Terrace		   Landa Series 6848
Sandy Creek Drive		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $12,694   $-   $6,462   $-   $14,994   $- 
Gain on sale of real estate   -             -             -             -             -             - 
                               
Total revenue   12,694    -    6,462    -    14,994    - 
                               
Expenses                              
Management fee   966    -    508    -    1,201    - 
Repairs & maintenance   2,971    -    14,559    -    3,429    - 
HOA fee   2,640    -    2,640    -    -    - 
Insurance expense   319    -    305    -    387    - 
Real estate taxes   862    -    855    -    1,959    - 
Depreciation expense   1,875    -    2,007    -    2,678    - 
Interest expense   2,106    -    2,176    -    3,019    - 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    -    -    -    - 
                               
Total expenses   11,739    -    23,050    -    12,673    - 
                               
Net Income (loss) before provision for income tax   955    -    (16,588)   -    2,321    - 
                               
Provision for income taxes   239    -    -    -    580    - 
                               
Net income (loss)  $716   $-   $(16,588)  $-   $1,741   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-30

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 687
Utoy Court		   Landa Series 729
Winter Lane		   Landa Series 7349
Exeter Court		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $11,382   $-   $4,001   $-   $13,201   $- 
Gain on sale of real estate   -             -             -             -             -             - 
                               
Total revenue   11,382    -    4,001    -    13,201    - 
                               
Expenses                              
Management fee   918    -    320    -    1,056    - 
Repairs & maintenance   4,174    -    4,975    -    -    - 
HOA fee   -    -    -    -    -    - 
Insurance expense   363    -    405    -    407    - 
Real estate taxes   1,431    -    1,852    -    2,689    - 
Depreciation expense   3,578    -    3,526    -    3,430    - 
Interest expense   3,861    -    3,861    -    3,346    - 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    120    -    -    - 
                               
Total expenses   14,325    -    15,059    -    10,928    - 
                               
Net Income (loss) before provision for income tax   (2,943)   -    (11,058)   -    2,273    - 
                               
Provision for income taxes   -    -    -    -    568    - 
                               
Net income (loss)  $(2,943)  $-   $(11,058)  $-   $1,705   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-31

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 8645
Embrey Drive		   Landa Series 8780
Churchill Place		   Landa Series 8796
Parliament Place		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $14,166   $-   $16,221   $-   $13,562   $- 
Gain on sale of real estate            -             -             -             -             -             - 
                               
Total revenue   14,166    -    16,221    -    13,562    - 
                               
Expenses                              
Management fee   1,133    -    1,187    -    1,085    - 
Repairs & maintenance   2,638    -    5,223    -    -    - 
HOA fee   -    -    -    -    -    - 
Insurance expense   419    -    441    -    399    - 
Real estate taxes   1,895    -    2,658    -    2,489    - 
Depreciation expense   3,686    -    4,109    -    3,405    - 
Interest expense   3,966    -    4,410    -    3,686    - 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    209    -    -    - 
                               
Total expenses   13,737    -    18,237    -    11,064    - 
                               
Net Income (loss) before provision for income tax   429    -    (2,016)   -    2,498    - 
                               
Provision for income taxes   107    -    -    -    625    - 
                               
Net income (loss)  $322   $-   $(2,016)  $-   $1,873   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-32

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 8641
Ashley Way		   Landa Series 8651
Ashley Way		   Landa Series 8652
Ashley Way		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $12,355   $-   $12,169   $-   $8,816   $- 
Gain on sale of real estate   -             -             -             -             -             - 
                               
Total revenue   12,355    -    12,169    -    8,816    - 
                               
Expenses                              
Management fee   988    -    974    -    705    - 
Repairs & maintenance   840    -    6,992    -    5,833    - 
HOA fee   -    -    -    -    -    - 
Insurance expense   331    -    287    -    313    - 
Real estate taxes   1,480    -    1,222    -    1,329    - 
Depreciation expense   4,415    -    3,691    -    4,105    - 
Interest expense   4,510    -    3,764    -    3,590    - 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    -    -    159    - 
                               
Total expenses   12,564    -    16,930    -    16,034    - 
                               
Net Income (loss) before provision for income tax   (209)   -    (4,761)   -    (7,218)   - 
                               
Provision for income taxes   -    -    -    -    -    - 
                               
Net income (loss)  $(209)  $-   $(4,761)  $-   $(7,218)  $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-33

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 8653
Ashley Way		   Landa Series 8654
Ashley Way		   Landa Series 8655
Ashley Way		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $12,071   $-   $12,678   $-   $11,935   $- 
Gain on sale of real estate              -               -               -               -               -               - 
                               
Total revenue   12,071    -    12,678    -    11,935    - 
                               
Expenses                              
Management fee   966    -    1,014    -    955    - 
Repairs & maintenance   1,184    -    1,881    -    7,559    - 
HOA fee   -    -    -    -    -    - 
Insurance expense   289    -    317    -    299    - 
Real estate taxes   1,206    -    1,332    -    1,219    - 
Depreciation expense   3,657    -    4,105    -    3,818    - 
Interest expense   3,194    -    4,190    -    3,337    - 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    -    -    301    - 
                               
Total expenses   10,496    -    12,839    -    17,488    - 
                               
Net Income (loss) before provision for income tax   1,575    -    (161)   -    (5,553)   - 
                               
Provision for income taxes   394    -    -    -    -    - 
                               
Net income (loss)  $1,181   $-   $(161)  $-   $(5,553)  $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-34

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 8659
Ashley Way		   Landa Series 8662
Ashley Way		   Landa Series 8668
Ashley Way		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $10,547   $        -   $11,480   $         -   $12,819   $           - 
Gain on sale of real estate   -    -    -    -    -    - 
                               
Total revenue   10,547    -    11,480    -    12,819    - 
                               
Expenses                              
Management fee   844    -    918    -    1,026    - 
Repairs & maintenance   1,200    -    493    -    314    - 
HOA fee   -    -    -    -    -    - 
Insurance expense   327    -    322    -    340    - 
Real estate taxes   1,246    -    1,329    -    1,606    - 
Depreciation expense   4,368    -    4,231    -    4,540    - 
Interest expense   3,822    -    3,943    -    4,638    - 
Bad debt expense   -    -    -    -    -    - 
Other expense   299    -    -    -    -    - 
                               
Total expenses   12,106    -    11,236    -    12,464    - 
                               
Net Income (loss) before provision for income tax   (1,559)   -    244    -    355    - 
                               
Provision for income taxes   -    -    61    -    89    - 
                               
Net income (loss)  $(1,559)  $-   $183   $-   $266   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-35

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 8670
Ashley Way		   Landa Series 8674
Ashley Way		   Landa Series 8675
Ashley Way		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $12,384   $-   $11,739   $-   $9,432   $- 
Gain on sale of real estate   -             -    -             -           -         - 
                               
Total revenue   12,384    -    11,739    -    9,432    - 
                               
Expenses                              
Management fee   958    -    904    -    755    - 
Repairs & maintenance   1,464    -    3,713    -    3,820    - 
HOA fee   -    -    -    -    -    - 
Insurance expense   352    -    317    -    309    - 
Real estate taxes   1,506    -    1,386    -    1,217    - 
Depreciation expense   4,780    -    4,059    -    3,990    - 
Interest expense   4,398    -    4,095    -    4,072    - 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    330    -    299    - 
                               
Total expenses   13,458    -    14,804    -    14,462    - 
                               
Net Income (loss) before provision for income tax   (1,074)   -    (3,065)   -    (5,030)   - 
                               
Provision for income taxes   -    -    -    -    -    - 
                               
Net income (loss)  $(1,074)  $-   $(3,065)  $-   $(5,030)  $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-36

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 8677
Ashley Way		   Landa Series 8678
Ashley Way		   Landa Series 8679
Ashley Way		 
   Year Ended
December 31,		   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021   2022   2021 
Revenue                        
Rental income  $12,648   $-   $12,559   $-   $10,874   $- 
Gain on sale of real estate            -             -             -             -             -             - 
                               
Total revenue   12,648    -    12,559    -    10,874    - 
                               
Expenses                              
Management fee   1,012    -    941    -    870    - 
Repairs & maintenance   854    -    390    -    1,464    - 
HOA fee   -    -    -    -    -    - 
Insurance expense   299    -    365    -    311    - 
Real estate taxes   1,155    -    1,613    -    1,561    - 
Depreciation expense   3,750    -    5,055    -    4,059    - 
Interest expense   3,824    -    4,853    -    4,143    - 
Bad debt expense   -    -    -    -    -    - 
Other expense   -    -    -    -    -    - 
                               
Total expenses   10,894    -    13,217    -    12,408    - 
                               
Net Income (loss) before provision for income tax   1,754    -    (658)   -    (1,534)   - 
                               
Provision for income taxes   438    -    -    -    -    - 
                               
Net income (loss)  $1,316   $-   $(658)  $-   $(1,534)  $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-37

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF OPERATIONS

(CONTINUED)

 

   Landa Series 8683
Ashley Way		   Combined Statement of
Operations		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Revenue                
Rental income  $11,871   $-   $512,735   $78,454 
Gain on sale of real estate   -              -    142,750    - 
                     
Total revenue   11,871    -    655,485    78,454 
                     
Expenses                    
Management fee   942    -    39,888    6,254 
Repairs & maintenance   5,431    -    117,195    12,168 
HOA fee   -    -    15,274    1,330 
Insurance expense   295    -    15,552    3,360 
Real estate taxes   1,275    -    70,129    10,197 
Depreciation expense   3,715    -    161,513    26,115 
Interest expense   3,789    -    172,141    16,232 
Bad debt expense   -    -    -    1,997 
Other expense   -    -    2,630    264 
                     
Total expenses   15,447    -    594,322    77,917 
                     
Net Income (loss) before provision for income tax   (3,576)   -    61,163    537 
                     
Provision for income taxes   -    -    40,731    2,453 
                     
Net income (loss)  $(3,576)  $-   $20,432   $(1,916)

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-38

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

 

   Landa
App LLC		   Landa
Series 115
Sardis Street		   Landa
Series 1394
Oakview Circle		   Landa
Series 1701
Summerwoods
Lane (1)		 
Opening balance January 1, 2021  $              -   $(3,563)  $1,292   $(596)
Proceeds from sales of members’ interest   -    -    36,517    35,224 
Distributions   -    -    (1,716)   (1,531)
Net income (loss)   -    (3,200)   2,200    1,880 
Balance at December 31, 2021   -    (6,763)   38,293    34,977 
                     
Proceeds from sales of members’ interest   -    -    -    43 
Distributions   -    -    (4,687)   (1,722)
Sale distribution   -    -    -    (87,854)
Distribution to manager   -    -    -    (2,340)
Net income (loss)   -    (1,522)   1,656    53,340 
Balance at December 31, 2022  $-   $(8,285)  $35,262   $(3,556)

 

  See accompanying notes, which are an integral part of these combining financial statements.

 

F-39

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

(CONTINUED)

 

   Landa
Series 1741
Park Lane (1)		   Landa
Series 209
Timber
Wolf Trail		   Landa
Series 2505
Oak Circle		   Landa
Series 271
Timber
Wolf Trail		 
Opening balance January 1, 2021  $8   $687   $(2,086)  $(5,166)
Proceeds from sales of members’ interest   18,302    -    -    - 
Distributions   (252)   -    -    - 
Net income (loss)   (1,427)   1,021    (4,067)   2,258 
Balance at December 31, 2021   16,631    1,708    (6,153)   (2,908)
                     
Proceeds from sales of members’ interest   -    -    -    - 
Distributions   (818)   -    -    - 
Sale distribution   (40,683)   -    -    - 
Distribution to manager   (33,094)   -    -    - 
Net income (loss)   54,345    (2,064)   3,338    (2,522)
Balance at December 31, 2022  $(3,619)  $(356)  $(2,815)  $(5,430)

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-40

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

(CONTINUED) 

 

   Landa
Series 29
Holly Grove
Road		   Landa
Series 1703
Summerwoods
Lane		   Landa
Series 1712
Summerwoods
Lane		   Landa
Series 1743
Summerwoods
Lane		 
Opening balance January 1, 2021  $(1,162)  $-   $-   $- 
Proceeds from sales of members’ interest   -    -    -    - 
Distributions   -    -    -    - 
Net income (loss)   (581)   -    -    - 
Balance at December 31, 2021   (1,743)   -    -    - 
                     
Proceeds from sales of members’ interest   -    35,772    45,778    35,772 
Distributions   -    (3,032)   (2,990)   (3,925)
Sale distribution   -    -    -    - 
Distribution to manager   -    -    -    - 
Net income (loss)   (2,253)   (490)   (581)   1,469 
Balance at December 31, 2022  $(3,996)  $32,250   $42,207   $33,316 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-41

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

(CONTINUED) 

 

   Landa
Series 1750
Summerwoods
Lane		   Landa
Series 4267
High Park
Lane		   Landa
Series 4474
Highwood
Park Drive		   Landa
Series 8569
Creekwood
Way		 
Opening balance January 1, 2021  $-   $-   $-   $- 
Proceeds from sales of members’ interest   -    -    -    - 
Distributions   -    -    -    - 
Net income (loss)   -    -    -    - 
Balance at December 31, 2021   -    -    -    - 
                     
Proceeds from sales of members’ interest   35,772    45,907    42,898    33,951 
Distributions   (3,247)   (2,149)   (1,703)   (3,035)
Sale distribution   -    -    -    - 
Distribution to manager   -    -    -    - 
Net income (loss)   1,089    (3,097)   (11,823)   (657)
Balance at December 31, 2022  $33,614   $40,661   $29,372   $30,259 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-42

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

(CONTINUED)

 

  

Landa
Series 9439
Laeview

Road

   Landa
Series 10167
Port Royal
Court		   Landa
Series 1246
Elgin Way		   Landa
Series 1910
Grove Way		 
Opening balance January 1, 2021  $-   $-   $-   $- 
Proceeds from sales of members’ interest   -    -    -    - 
Distributions   -    -    -    - 
Net income (loss)   -    -    -    - 
Balance at December 31, 2021   -    -    -    - 
                     
Proceeds from sales of members’ interest   53,589    28,100    38,191    22,056 
Distributions   (2,936)   (4,546)   (3,907)   (4,873)
Sale distribution   -    -    -    - 
Distribution to manager   -    -    -    - 
Net income (loss)   (2,748)   509    (417)   (11,014)
Balance at December 31, 2022  $47,905   $24,063   $33,867   $6,169 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-43

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

(CONTINUED)

 

   Landa
Series 593
Country Lane Drive		   Landa
Series 6436
Stone Terrace		   Landa
Series 6440
Woodstone
Terrace		   Landa
Series 6848
Sandy Creek
Drive		 
Opening balance January 1, 2021  $-   $-   $-   $- 
Proceeds from sales of members’ interest   -    -    -    - 
Distributions   -    -    -    - 
Net income (loss)   -    -    -    - 
Balance at December 31, 2021   -    -    -    - 
                     
Proceeds from sales of members’ interest   24,592    15,479    18,243    21,867 
Distributions   (4,176)   (3,587)   (3,369)   (6,269)
Sale distribution   -    -    -    - 
Distribution to manager   -    -    -    - 
Net income (loss)   1,574    716    (16,588)   1,741 
Balance at December 31, 2022  $21,990   $12,608   $(1,714)  $17,339 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-44

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

(CONTINUED)

 

   Landa
Series 687
Utoy Court		   Landa
Series 729
Winter Lane		   Landa
Series 7349
Exeter Court		   Landa
Series 8645
Embrey Drive		 
Opening balance January 1, 2021  $-   $-   $-   $- 
Proceeds from sales of members’ interest   -    -    -    - 
Distributions   -    -    -    - 
Net income (loss)   -    -    -    - 
Balance at December 31, 2021   -    -    -    - 
                     
Proceeds from sales of members’ interest   32,852    31,217    39,117    34,145 
Distributions   (3,599)   (3,777)   (5,284)   (5,277)
Sale distribution   -    -    -    - 
Distribution to manager   -    -    -    - 
Net income (loss)   (2,943)   (11,058)   1,705    322 
Balance at December 31, 2022  $26,310   $16,382   $35,538   $29,190 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-45

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

(CONTINUED)

 

   Landa
Series 8780
Churchill
Place		   Landa
Series 8796
Parliament
Place		   Landa
Series 8641
Ashley Way		   Landa
Series 8651
Ashley Way		 
Opening balance January 1, 2021  $-   $-   $-   $- 
Proceeds from sales of members’ interest   -    -    -    - 
Distributions   -    -    -    - 
Net income (loss)   -    -    -    - 
Balance at December 31, 2021   -    -    -    - 
                     
Proceeds from sales of members’ interest   38,057    31,074    49,950    41,901 
Distributions   (4,378)   (5,289)   (4,410)   (5,041)
Sale distribution   -    -    -    - 
Distribution to manager   -    -    -    - 
Net income (loss)   (2,016)   1,873    (209)   (4,761)
Balance at December 31, 2022  $31,663   $27,658   $45,331   $32,099 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-46

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

(CONTINUED)

 

   Landa
Series 8652
Ashley Way		   Landa
Series 8653
Ashley Way		   Landa
Series 8654
Ashley Way		   Landa
Series 8655
Ashley Way		 
Opening balance January 1, 2021  $-   $-   $-   $- 
Proceeds from sales of members’ interest   -    -    -    - 
Distributions   -    -    -    - 
Net income (loss)   -    -    -    - 
Balance at December 31, 2021   -    -    -    - 
                     
Proceeds from sales of members’ interest   56,553    52,933    46,370    59,678 
Distributions   (5,295)   (5,522)   (5,071)   (4,704)
Sale distribution   -    -    -    - 
Distribution to manager   -    -    -    - 
Net income (loss)   (7,218)   1,181    (161)   (5,553)
Balance at December 31, 2022  $44,040   $48,592   $41,138   $49,421 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-47

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

(CONTINUED)

 

   Landa
Series 8659
Ashley Way		   Landa
Series 8662
Ashley Way		   Landa
Series 8668
Ashley Way		   Landa
Series 8670
Ashley Way		 
Opening balance January 1, 2021  $-   $-   $-   $- 
Proceeds from sales of members’ interest   -    -    -    - 
Distributions   -    -    -    - 
Net income (loss)   -    -    -    - 
Balance at December 31, 2021   -    -    -    - 
                     
Proceeds from sales of members’ interest   62,812    55,032    58,180    64,620 
Distributions   (5,893)   (4,270)   (4,498)   (3,883)
Sale distribution   -    -    -    - 
Distribution to manager   -    -    -    - 
Net income (loss)   (1,559)   183    266    (1,074)
Balance at December 31, 2022  $55,360   $50,945   $53,948   $59,663 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-48

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

(CONTINUED)

 

   Landa
Series 8674
Ashley Way		   Landa
Series 8675
Ashley Way		   Landa
Series 8677
Ashley Way		   Landa
Series 8678
Ashley Way		 
Opening balance January 1, 2021  $-   $-   $   -   $- 
Proceeds from sales of members’ interest   -    -    -    - 
Distributions   -    -    -    - 
Net income (loss)   -    -    -    - 
Balance at December 31, 2021   -    -    -    - 
                     
Proceeds from sales of members’ interest   47,137    43,804    42,566    57,712 
Distributions   (5,403)   (4,567)   (5,511)   (3,023)
Sale distribution   -    -    -    - 
Distribution to manager   -    -    -    - 
Net income (loss)   (3,065)   (5,030)   1,316    (658)
Balance at December 31, 2022  $38,669   $34,207   $38,371   $54,031 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-49

 

 

LANDA APP LLC (LANDA APP)

LANDA APP SERIES GROUP (SERIES)

COMBINING STATEMENTS OF MEMBERS’ EQUITY

FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021

(CONTINUED)

 

   Landa
Series 8679
Ashley Way		   Landa
Series 8683
Ashley Way		   Total
Combined		 
Opening balance January 1, 2021  $-   $-   $(10,586)
Proceeds from sales of members’ interest   -    -    90,043 
Distributions   -    -    (3,499)
Net income (loss)   -    -    (1,916)
Balance at December 31, 2021   -    -    74,042 
                
Proceeds from sales of members’ interest   46,117    47,788    1,537,625 
Distributions   (4,280)   (4,735)   (164,681)
Sale distribution   -    -    (128,537)
Distribution to manager   -    -    (35,434)
Net income (loss)   (1,534)   (3,576)   20,432 
Balance at December 31, 2022  $40,303   $39,477   $1,303,447 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-50

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

 

   Landa App LLC   Landa Series 115
Sardis Street		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $     -   $    -   $(1,522)  $(3,200)
Adjustments to reconcile net income (loss) to net cash                    
provided by (used in) operating activities:                    
Depreciation   -    -    3,968    3,967 
Amortization of debt discount   -    -    -    1,324 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   -    -    -    - 
Accounts receivable   -    -    (851)   - 
Due from related party   -    -    (2,255)   1,553 
Due to related party   -    -    (463)   463 
Other liabilities   -    -    (1,564)   1,053 
Security deposit   -    -    -    - 
Net cash provided by (used in) operating activities   -    -    (2,687)   5,160 
                     

Cash flows from investing activities:

                    
Purchase of real estate investments   -    -    -    (2,514)
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   -    -    -    (2,514)
                     
Cash flows from financing activities:                    
Shareholder Proceeds   -    -    -    - 
Shareholder Dividends   -    -    -    - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   -    -    -    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   -    -    -    - 
                     
Net increase (decrease) in cash   -    -    (2,687)   2,646 
                     
Cash and restricted cash at beginning of year   -    -    3,270    624 
                    
Cash and restricted cash at end of year  $-   $-   $583   $3,270 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $-   $-   $-   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-51

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 1394
Oakview Circle		   Landa Series 1701
Summerwoods Lane (1)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $1,656   $2,200   $53,340   $1,880 
Adjustments to reconcile net income (loss) to net cash                    
provided by (used in) operating activities:                    
Depreciation   2,224    2,223    930    2,790 
Amortization of debt discount   -    410    -    331 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    (70,269)   - 
Changes in assets and liabilities:                    
Escrow   -    -    -    - 
Accounts receivable   (367)   -    -    - 
Due from related party   3,745    (5,130)   (4,819)   (6,551)
Due to related party   -    -    -    (474)
Other liabilities   (1,960)   2,429    14,611    2,534 
Security deposit   275         (950)   - 
Net cash provided by (used in) operating activities   5,573    2,132    (7,157)   510 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   -    (778)   -    (629)
Proceeds from sale of real estate investments   -    -    159,000    - 
Net cash provided by (used in) investing activities   -    (778)   159,000    (629)
                     
Cash flows from financing activities:                    
Shareholder Proceeds   -    36,517    43    35,224 
Shareholder Dividends   (4,687)   (1,716)   (91,916)   (1,531)
Repayment of promissory note - related party   (44,015)   -    (95,491)   - 
Repayment of note - related party   -    (36,073)   -    - 
Proceeds from mortgages   44,015    -    52,703    - 
Repayment of mortgages   -    -    (52,703)   - 
Net cash provided by (used in) financing activities   (4,687)   (1,272)   (187,364)   33,693 
                     
Net increase (decrease) in cash   886    82    (35,521)   33,574 
                     
Cash and restricted cash at beginning of year   3,148    3,066    38,376    4,802 
                     
Cash and restricted cash at end of year  $4,034   $3,148   $2,855   $38,376 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $1,761   $-   $2,108   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-52

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 1741
Park Lane (1)		   Landa Series 209
Timber Wolf Trail		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $54,345   $(1,427)  $(2,064)  $1,021 
Adjustments to reconcile net income (loss) to net cash                    
provided by (used in) operating activities:                    
Depreciation   1,264    3,793    3,438    3,437 
Amortization of debt discount   -    923    -    559 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   (72,481)   -    -    - 
Changes in assets and liabilities:                    
Escrow   -    -    -    - 
Accounts receivable   -    -    775    (775.00)
Due from related party   (7,011)   (1,971)   6,586    (5,599)
Due to related party   -    -    -    - 
Other liabilities   15,466    1,829    (1,712)   1,829 
Security deposit   -    -           
Net cash provided by (used in) operating activities   (8,417)   3,147    7,023    472 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   -    (1,752)   -    (1,061)
Proceeds from sale of real estate investments   180,000    -    -    - 
Net cash provided by (used in) investing activities   180,000    (1,752)   -    (1,061)
                     
Cash flows from financing activities:                    
Shareholder Proceeds   -    18,302    -    - 
Shareholder Dividends   (74,595)   (252)   -    - 
Repayment of promissory note - related party   (64,359)   -    -    - 
Repayment of note - related party   (52,215)   -    (69,042)   - 
Proceeds from mortgages   64,359    -    61,750    - 
Repayment of mortgages   (64,359)   -    -    - 
Net cash provided by (used in) financing activities   (191,169)   18,050    (7,292)   - 
                     
Net increase (decrease) in cash   (19,586)   19,445    (269)   (589)
                     
Cash and restricted cash at beginning of year   21,582    2,137    3,148    3,737 
                     
Cash and restricted cash at end of year  $1,996   $21,582   $2,879   $3,148 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $2,659   $-   $2,470   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-53

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 2505
Oak Circle		   Landa Series 271
Timber Wolf Trail		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $3,338   $(4,067)  $(2,522)  $2,258 
Adjustments to reconcile net income (loss) to net cash                    
provided by (used in) operating activities:                    
Depreciation   3,050    3,050    3,782    3,782 
Amortization of debt discount   -    198    -    837 
Bad debt expense   -    1,997    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   -    -    (33)   - 
Accounts receivable   -    (247)   -    - 
Due from related party   -    -    4,282    (4,282)
Due to related party   5,534    1,654    8,928    (7,412)
Other liabilities   (999)   1,443    (8,277)   8,824 
Security deposit   -    -    (950)   - 
Net cash provided by (used in) operating activities   10,923    4,028    5,210    4,007 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   -    (375)   -    (1,588)
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   -    (375)   -    (1,588)
                     
Cash flows from financing activities:                    
Shareholder Proceeds   -    -    -    - 
Shareholder Dividends   -    -    -    - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   (87,260)   -    (71,252)   - 
Proceeds from mortgages   76,700    -    62,400    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   (10,560)   -    (8,852)   - 
                     
Net increase (decrease) in cash   363   3,653    (3,642)   2,419 
                     
Cash and restricted cash at beginning of year   3,723    70    3,649    1,230 
                     
Cash and restricted cash at end of year  $4,086   $3,723   $7   $3,649 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,068   $-   $3,380   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-54

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 29
Holly Grove Road		   Landa Series 1703
Summer woods Lane (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(2,253)  $(581)  $(490)  $    - 
Adjustments to reconcile net income (loss) to net cash                    
provided by (used in) operating activities:                    
Depreciation   3,074    3,073    3,535    - 
Amortization of debt discount   -    346    -    - 
Bad debt expense   -         -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   -    -    (123)   - 
Accounts receivable   -    -    -    - 
Due from related party   3,762    (3,329)   (629)   - 
Due to related party   1,813    -    -    - 
Other liabilities   (1,882)   1,384    1,532    - 
Security deposit   -    -    950      
Net cash provided by (used in) operating activities   4,514    893    4,775    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   -    (658)   (111,604)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   -    (658)   (111,604)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   -    -    35,772    - 
Shareholder Dividends   -    -    (3,032)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   (91,216)   -    -    - 
Proceeds from mortgages   84,500    -    77,925    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   (6,716)   -    110,665    - 
                     
Net increase (decrease) in cash   (2,202)   235    3,836    - 
                     
Cash and restricted cash at beginning of year   3,001    2,766    -    - 
                     
Cash and restricted cash at end of year  $799   $3,001   $3,836   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,380   $-   $3,117   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-55

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 1712
Summerwoods Lane (2)		   Landa Series 1743
Summerwoods Lane (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(581)  $-   $1,469   $    - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   3,535    -    3,535    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (133)   -    (117)   - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    -    - 
Due to related party   2,713    -    550    - 
Other liabilities   -    -    680    - 
Security deposit   875    -    1,225      
Net cash provided by (used in) operating activities   6,409    -    7,342    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (111,604)   -    (111,604)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (111,604)   -    (111,604)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   45,778    -    35,772    - 
Shareholder Dividends   (2,990)   -    (3,925)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   67,535    -    77,925    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   110,323    -    109,772    - 
                     
Net increase (decrease) in cash   5,128    -    5,510    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $5,128   $-   $5,510   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $2,701   $-   $3,117   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-56

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 1750
Summerwoods Lane (2)		   Landa Series 4267
High Park Lane (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $1,089   $-   $(3,097)  $- 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   3,535    -    4,721    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (253)   -    -    - 
Accounts receivable   -    -    (4,830)   - 
Due from related party   (223)   -    -    - 
Due to related party   -    -    3,683    - 
Other liabilities   566    -    700    - 
Security deposit   -    -    975      
Net cash provided by (used in) operating activities   4,714    -    2,152    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (111,604)   -    (149,075)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (111,604)   -    (149,075)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   35,772    -    45,907    - 
Shareholder Dividends   (3,247)   -    (2,149)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   77,925    -    104,250    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   110,450    -    148,008    - 
                     
Net increase (decrease) in cash   3,560    -    1,085    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $3,560   $-   $1,085   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,117   $-   $4,170   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-57

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 4474
Highwood Park Drive (2)		   Landa Series 8569
Creekwood Way (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(11,823)  $    -   $(657)  $    - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   4,248    -    2,591    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   -    -    (252)   - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    -    - 
Due to related party   6,268    -    9,042    - 
Other liabilities   858    -    81    - 
Security deposit   1,000    -    500    - 
Net cash provided by (used in) operating activities   551   -    11,305    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (134,130)   -    (81,820)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (134,130)   -    (81,820)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   42,898    -    33,951    - 
Shareholder Dividends   (1,703)   -    (3,035)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   93,750    -    49,400    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   134,945    -    80,316    - 
                     
Net increase (decrease) in cash   1,366    -    9,801    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $1,366   $-   $9,801   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,750   $-   $1,976   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-58

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 9439
Lakeview Road (2)		   Landa Series 10167
Port Royal Court (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(2,748)  $   -   $509   $  - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   5,631    -    3,438    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (624)   -    -    - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    -    - 
Due to related party   5,723    -    325    - 
Other liabilities   -    -    465    - 
Security deposit   1,050    -    915    - 
Net cash provided by (used in) operating activities   9,032    -    5,652    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (177,792)   -    (108,564)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (177,792)   -    (108,564)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   53,589    -    28,100    - 
Shareholder Dividends   (2,936)   -    (4,546)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   124,425    -    82,500    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   175,078    -    106,054    - 
                     
Net increase (decrease) in cash   6,318    -    3,142    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $6,318   $-   $3,142   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $4,977   $-   $3,300   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-59

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 1246
Elgin Way (2)		   Landa Series 1910
Grove Way (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(417)  $   -   $(11,014)  $   - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   4,151    -    3,251    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   -    -    (66)   - 
Accounts receivable   -    -    (1,523)   - 
Due from related party   (305)   -    -    - 
Due to related party   -    -    19,770    - 
Other liabilities   85    -    1,062    - 
Security deposit   1,150    -    1,523    - 
Net cash provided by (used in) operating activities   4,664    -    13,003    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (131,074)   -    (102,638)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (131,074)   -    (102,638)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   38,191    -    22,056    - 
Shareholder Dividends   (3,907)   -    (4,873)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   95,250    -    82,500    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   129,534    -    99,683    - 
                     
Net increase (decrease) in cash   3,124    -    10,048    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $3,124   $-   $10,048   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,810   $-   $3,300   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-60

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 593
Country Lane Drive (2)		   Landa Series 6436
Stone Terrace (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $1,574   $   -   $716   $   - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   2,980    -    1,875    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   -    -    (603)   - 
Accounts receivable   -    -    -    - 
Due from related party   (249)   -    -    - 
Due to related party   -    -    974    - 
Other liabilities   636    -    526    - 
Security deposit   971    -    1,000    - 
Net cash provided by (used in) operating activities   5,912    -    4,488    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (94,079)   -    (59,371)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (94,079)   -    (59,371)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   24,592    -    15,479    - 
Shareholder Dividends   (4,176)   -    (3,587)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   71,250    -    45,000    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   91,666    -    56,892    - 
                     
Net increase (decrease) in cash   3,499    -    2,009    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $3,499   $-   $2,009   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $2,850   $-   $1,800   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-61

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 6440
Woodstone Terrace (2)		   Landa Series 6848
Sandy Creek Drive (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(16,588)  $   -   $1,741   $   - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   2,007    -    2,678    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   -    -    -    - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    (109)   - 
Due to related party   17,916    -    -    - 
Other liabilities   -    -    1,597    - 
Security deposit   27    -    975    - 
Net cash provided by (used in) operating activities   3,362    -    6,882    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (63,557)   -    (84,780)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (63,557)   -    (84,780)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   18,243    -    21,867    - 
Shareholder Dividends   (3,369)   -    (6,269)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   46,500    -    64,500    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   61,374    -    80,098    - 
                     
Net increase (decrease) in cash   1,179    -    2,220    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $1,179   $-   $2,200   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $1,860   $-   $2,580   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-62

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 687
Utoy Court (2)		   Landa Series 729
Winter Lane (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(2,943)  $   -   $(11,058)  $  - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   3,578    -    3,526    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (210)   -    (102)   - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    -    - 
Due to related party   4,175    -    18,613    - 
Other liabilities   -    -    255    - 
Security deposit   1,157    -    500    - 
Net cash provided by (used in) operating activities   5,757    -    11,734    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (113,297)   -    (111,627)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (113,297)   -    (111,627)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   32,852    -    31,217    - 
Shareholder Dividends   (3,599)   -    (3,777)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   82,500    -    82,500    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   111,753    -    109,940    - 
                     
Net increase (decrease) in cash   4,213    -    10,047    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $4,213   $-   $10,047   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,300   $-   $3,300   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-63

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 7349
Exeter Court (2)		   Landa Series 8645
Embrey Drive (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $1,705   $   -   $322   $  - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   3,430    -    3,686    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   -    -    (54)   - 
Accounts receivable   -    -    -    - 
Due from related party   (236)   -    (34)   - 
Due to related party   -    -    -    - 
Other liabilities   1,125    -    174    - 
Security deposit   1,000    -    1,050    - 
Net cash provided by (used in) operating activities   7,024    -    5,144    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (108,601)   -    (116,705)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (108,601)   -    (116,705)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   39,117    -    34,145    - 
Shareholder Dividends   (5,284)   -    (5,277)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   71,500    -    84,750    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   105,333    -    113,618    - 
                     
Net increase (decrease) in cash   3,756    -    2,057    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $3,756   $-   $2,057   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $2,860   $-   $3,390   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-64

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 8780
Churchill Place (2)		   Landa Series 8796
Parliament Place (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(2,016)  $-   $1,873   $- 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   4,109    -    3,405    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   -    -    -    - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    -    - 
Due to related party   833    -    1,522    - 
Other liabilities   483    -    1,123    - 
Security deposit   1,200    -    975    - 
Net cash provided by (used in) operating activities   4,609    -    8,898    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (130,114)   -    (107,817)   - 
Proceeds from sale of real estate investments   -       -    -       - 
Net cash provided by (used in) investing activities   (130,114)   -    (107,817)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   38,057    -    31,074    - 
Shareholder Dividends   (4,378)   -    (5,289)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   94,500    -    78,750    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   128,179    -    104,535    - 
                     
Net increase (decrease) in cash   2,674    -    5,616    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $2,674   $-   $5,616   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,780   $-   $3,150   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-65

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 8641
Ashley Way (2)		   Landa Series 8651
Ashley Way (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(209)  $   -   $(4,761)  $   - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   4,415    -    3,691    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (238)   -    (233)   - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    -    - 
Due to related party   50    -    6,160    - 
Other liabilities   162    -    54    - 
Security deposit   900    -    800    - 
Net cash provided by (used in) operating activities   5,080    -    5,711    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (139,774)   -    (116,872)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (139,774)   -    (116,872)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   49,950    -    41,901    - 
Shareholder Dividends   (4,410)   -    (5,041)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   96,357    -    80,424    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   141,897    -    117,284    - 
                     
Net increase (decrease) in cash   7,203    -    6,123    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $7,203   $-   $6,123   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,854   $-   $3,217   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-66

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 8652
Ashley Way (2)		   Landa Series 8653
Ashley Way (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(7,218)  $   -   $1,181   $   - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   4,105    -    3,657    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (217)   -    (237)   - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    (4,609)   - 
Due to related party   8,576    -    -    - 
Other liabilities   402    -    4,844    - 
Security deposit   2,200    -    700    - 
Net cash provided by (used in) operating activities   7,848    -    5,536    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (129,960)   -    (115,782)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (129,960)   -    (115,782)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   56,553    -    52,933    - 
Shareholder Dividends   (5,295)   -    (5,522)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   76,700    -    68,250    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   127,958    -    115,661    - 
                     
Net increase (decrease) in cash   5,846    -    5,415    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $5,846   $-   $5,415   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,068   $-   $2,730   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-67

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 8654
Ashley Way (2)		   Landa Series 8655
Ashley Way (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(161)  $   -   $(5,553)  $  - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   4,105    -    3,818    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (222)   -    (244)   - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    -    - 
Due to related party   446    -    7,388    - 
Other liabilities   -    -    -    - 
Security deposit   1,350    -    -    - 
Net cash provided by (used in) operating activities   5,518    -    5,409    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (129,959)   -    (121,234)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (129,959)   -    (121,234)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   46,370    -    59,678    - 
Shareholder Dividends   (5,071)   -    (4,704)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   89,529    -    71,500    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   130,828    -    126,474    - 
                     
Net increase (decrease) in cash   6,387    -    10,649    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $6,387   $-   $10,649   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,581   $-   $2,860   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-68

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 8659
Ashley Way (2)		   Landa Series 8662
Ashley Way (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(1,559)  $   -   $183   $  - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   4,368    -    4,231    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (266)   -    (227)   - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    -    - 
Due to related party   5,313    -    1,843    - 
Other liabilities   344    -    61    - 
Security deposit   2,125    -    925    - 
Net cash provided by (used in) operating activities   10,325    -    7,016    - 
                     
Cash flows from investing activities:                    
Purchase of real estate investments   (138,683)   -    (134,321)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (138,683)   -    (134,321)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   62,812    -    55,032    - 
Shareholder Dividends   (5,893)   -    (4,270)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   81,900    -    84,500    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   138,819    -    135,262    - 
                     
Net increase (decrease) in cash   10,461    -    7,957    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $10,461   $-   $7,957   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,276   $-   $3,380   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-69

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 8668
Ashley Way (2)		   Landa Series 8670
Ashley Way (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $266   $   -   $(1,074)  $   - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   4,540    -    4,780    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (223)   -    (202)   - 
Accounts receivable   -    -    -    - 
Due from related party   (1,032)   -    (5,325)   - 
Due to related party   -    -    -    - 
Other liabilities   89    -    344    - 
Security deposit   1,000    -    975    - 
Net cash provided by (used in) operating activities   4,640    -    (502)   - 
                     

Cash flows from investing activities:

                    
Purchase of real estate investments   (144,137)   -    (151,771)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (144,137)   -    (151,771)   - 
                     

Cash flows from financing activities:

                    
Shareholder Proceeds   58,180    -    64,620    - 
Shareholder Dividends   (4,498)   -    (3,883)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   99,392    -    94,250    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   153,074    -    154,987    - 
                     

Net increase (decrease) in cash

   13,577    -    2,714    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $13,577   $-   $2,714   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $    -   $-   $    - 
Cash paid for interest  $3,976   $-   $3,770   $- 

  

See accompanying notes, which are an integral part of these combining financial statements.

 

F-70

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 8674
Ashley Way (2)		   Landa Series 8675
Ashley Way (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(3,065)  $-   $(5,030)  $- 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   4,059    -    3,990    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (192)   -    (237)   - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    -    - 
Due to related party   1,608    -    3,803    - 
Other liabilities   -    -    244    - 
Security deposit   1,300    -    1,100    - 
Net cash provided by (used in) operating activities   3,710    -    3,870    - 
                     

Cash flows from investing activities:

                    
Purchase of real estate investments   (128,869)   -    (126,687)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (128,869)   -    (126,687)   - 
                     

Cash flows from financing activities:

                    
Shareholder Proceeds   47,137    -    43,804    - 
Shareholder Dividends   (5,403)   -    (4,567)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   87,750    -    87,253    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   129,484    -    126,490    - 
                     

Net increase (decrease) in cash

   4,325    -    3,673    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $4,325   $-   $3,673   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $    -   $-   $    - 
Cash paid for interest  $3,510   $-   $3,483   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-71

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 8677
Ashley Way (2)		   Landa Series 8678
Ashley Way (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $1,316   $-   $(658)  $- 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   3,750    -    5,055    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (241)   -    (246)   - 
Accounts receivable   -    -    -    - 
Due from related party   -    -    -    - 
Due to related party   1,582    -    1,417    - 
Other liabilities   438    -    -    - 
Security deposit   1,050    -    900    - 
Net cash provided by (used in) operating activities   7,895    -    6,468    - 
                     

Cash flows from investing activities:

                    
Purchase of real estate investments   (119,053)   -    (160,496)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (119,053)   -    (160,496)   - 
                     

Cash flows from financing activities:

                    
Shareholder Proceeds   42,566    -    57,712    - 
Shareholder Dividends   (5,511)   -    (3,023)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   81,942    -    104,000    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   118,997    -    158,689    - 
                     

Net increase (decrease) in cash

   7,839    -    4,661    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $7,839   $-   $4,661   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $    -   $-   $    - 
Cash paid for interest  $3,278   $-   $4,160   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-72

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Landa Series 8679
Ashley Way (2)		   Landa Series 8683
Ashley Way (2)		 
   Year Ended
December 31,		   Year Ended
December 31,		 
   2022   2021   2022   2021 
Cash flows from operating activities:                
Net income (loss)  $(1,534)  $    -   $(3,576)  $    - 
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:                    
Depreciation   4,059    -    3,715    - 
Amortization of debt discount   -    -    -    - 
Bad debt expense   -    -    -    - 
Gain on sale of real estate   -    -    -    - 
Changes in assets and liabilities:                    
Escrow   (159)   -    (219)   - 
Accounts receivable   -    -    -    - 
Due from related party   (451)   -    -    - 
Due to related party   -    -    401    - 
Other liabilities   64    -    546    - 
Security deposit   925    -    925      
Net cash provided by (used in) operating activities   2,904    -    1,792    - 
                     

Cash flows from investing activities:

                    
Purchase of real estate investments   (128,869)   -    (117,962)   - 
Proceeds from sale of real estate investments   -    -    -    - 
Net cash provided by (used in) investing activities   (128,869)   -    (117,962)   - 
                     
Cash flows from financing activities:                    
Shareholder Proceeds   46,117    -    47,788    - 
Shareholder Dividends   (4,280)   -    (4,735)   - 
Repayment of promissory note - related party   -    -    -    - 
Repayment of note - related party   -    -    -    - 
Proceeds from mortgages   88,770    -    81,183    - 
Repayment of mortgages   -    -    -    - 
Net cash provided by (used in) financing activities   130,607    -    124,236    - 
                     
Net increase (decrease) in cash   4,642    -    8,066    - 
                     
Cash and restricted cash at beginning of year   -    -    -    - 
                     
Cash and restricted cash at end of year  $4,642   $-   $8,066   $- 
                     
Supplemental disclosure of cash flow information:                    
Cash paid for income taxes  $-   $-   $-   $- 
Cash paid for interest  $3,551   $-   $3,247   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

F-73

 

 

LANDA APP LLC

LANDA APP LLC SERIES GROUP (SERIES)

COMBINING STATEMENTS OF CASH FLOWS

(CONTINUED)

 

   Total Combined
Cash Flow		 
   Year Ended
December 31,		 
   2022   2021 
Cash flows from operating activities:        
Net income (loss)  $20,432   $(1,916)
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities:          
Depreciation   161,513    26,115 
Amortization of debt discount   -    4,928 
Bad debt expense   -    1,997 
Gain on sale of real estate   (142,750)   - 
Changes in assets and liabilities:          
Escrow   (6,173)   - 
Accounts receivable   (6,796)   (1,022)
Due from related party   (8,912)   (25,309)
Due to related party   146,506    (5,769)
Other liabilities   33,223    21,325 
Security deposit   34,568    - 
Net cash provided by (used in) operating activities   231,611    20,349 
           

Cash flows from investing activities:

          
Purchase of real estate investments   (4,425,886)   (9,355)
Proceeds from sale of real estate investments   339,000    - 
Net cash provided by (used in) investing activities   (4,086,886)   (9,355)
           

Cash flows from financing activities:

          
Shareholder Proceeds   1,537,625    90,043 
Shareholder Dividends   (328,652)   (3,499)
Repayment of promissory note - related party   (203,865)   - 
Repayment of note - related party   (370,985)   (36,073)
Proceeds from mortgages   3,475,262    - 
Repayment of mortgages   (117,062)   - 
Net cash provided by (used in) financing activities   3,992,323    50,471 
           
Net increase (decrease) in cash   137,048    61,465 
           
Cash and restricted cash at beginning of year   79,897    18,432 
           
Cash and restricted cash at end of year  $216,945   $79,897 
           
Supplemental disclosure of cash flow information:          
Cash paid for income taxes  $-   $- 
Cash paid for interest  $139,972   $- 

 

See accompanying notes, which are an integral part of these combining financial statements.

 

(1)Activity shown through April 15, 2022, in connection with the planned sale of the Property underlying Landa Series 1701 Summerwoods Lane, located at 1701 Summerwoods Lane, Griffin, GA 30224, and the Property underlying Landa Series 1741 Park Lane, located at 1741 Park Lane, Griffin, GA 30224.

 

(2)The series were qualified and commenced operations on January 9, 2022.

 

F-74

 

 

LANDA APP LLC (LANDA APP)

(FORMERLY KNOWN AS LANDA PROPERTIES A LLC)

LANDA APP SERIES GROUP (SERIES)

NOTES TO THE FINANCIAL STATEMENTS

 

1. ORGANIZATION, NATURE OF ACTIVITIES AND GOING CONCERN

 

Landa App LLC (“we,” “us,” “our,” or the “Company”) is currently a Delaware series limited liability company organized on November 25, 2019. On April 30, 2020, the Company changed its name from Landa Properties A LLC. The Company is a wholly owned subsidiary of Landa Holdings, Inc. and currently operates under an operating agreement with Landa Holdings, Inc. (the “Manager”). The Manager serves as the asset manager for the real estate properties owned by the Company and each underlying Series (as defined below).

 

The Company was formed to engage in the business of acquiring, managing and renting residential properties (each a “Property,” and collectively, the “Properties”). The Company has created, and it is expected that the Company will continue to create, separate series of interests registered under the Company (each a “Series,” and collectively, the “Series”), that each Property will be owned by a separate Series and that the assets and liabilities of each Series will be separate in accordance with Delaware law. Investors acquire membership interest, or shares, in each Series and will be entitled to share in the return of that particular Series but will not be entitled to share in the return of any other Series. The Company intends to treat each Series as a separate entity for U.S. federal income tax purposes and will elect to be treated as a corporation. The Company and each Series grouped together, (the “Landa App Series Group”) are herein, referred to as (the “Combined Group”).

 

On May 19, 2020, the Company filed Certificates of Registered Series Limited Liability Company with the Secretary of State of the State of Delaware to register each of the Series.

 

On July 10, 2020, the initial set of properties were acquired from a related party by each of the respective Series. The acquisitions were accounted for as a commonly controlled transaction and recorded, accordingly at their carryover basis. 

 

The Company is a business that has not commenced planned principal operations and has not generated revenues or profits since inception. Once the Company commences its planned principal operations which will occur after qualification, it will incur significant additional expenses. The Company is dependent upon additional capital resources for the commencement of its planned principal operations and is subject to significant risks and uncertainties, including failing to secure funding to commence the Company’s planned operations or failing to profitably operate the business.

 

Each Series has commenced its planned operations. However, each Series is dependent upon additional capital resources from its planned offering. Each Series is subject to significant risks and uncertainties, including failing to secure funding to commence the Series’ planned operations or failing to profitably operate the business.

 

As a result, the accompanying financial statements for the Combined Group have been prepared on a going concern basis, which contemplates the realization of assets and the satisfaction of liabilities in the normal course of business.

 

Going Concern

 

The Combined Group’s ability to continue as a going concern for the next twelve (12) months is dependent upon, among other things, the ability to successfully implement the business model, raise sufficient capital from outside investors and deploy such to produce profitable operating results. No assurance can be given that the Combined Group will be successful in these efforts. These factors, among others, raise substantial doubt about the ability of the Combined Group to continue as a going concern for the next twelve (12) months from the date the financial statements are issued.

 

The financial statements do not include any adjustments relating to recoverability and classification of recorded asset amounts or the amounts and classification of liabilities that might be necessary should the Combined Group be unable to continue as a going concern.

 

F-75

 

 

2. SUMMARY OF SIGNIFICANT ACCOUNT POLICIES

 

Accounts receivables and Allowances for bad debts

 

Accounts receivable balances represent short term rental receivables. As of December 31, 2022 and 2021 the Series had $7,575 and $775 in short term accounts receivables respectively.

 

The company assesses the likely of collecting all outstanding receivables and if it is determined that the receivable balance is uncollectable the Company will write off the unpaid balance to bad debt expense. As of December 31, 2022 and December 31, 2021 the Series had $0 for allowance for bad debt. The series had $0 and $1,997 in bad debt expense respectively.

 

Basis of Presentation

 

The combined financial statements of Landa App LLC and each of the Series are being presented on a combined basis, in accordance with U.S. GAAP (ASC 810, Consolidation) due to common control by Landa Holdings, Inc., in its capacity as manager to the Company and each Series.

 

The combined financial statements include the forty-five (45) single-family homes located in the Atlanta metropolitan area in the state of Georgia. Each Property was acquired by each respective Series, as set forth in the table below:

 

Series Name   Series Inception Date   Acquisition Date
Landa Series 115 Sardis Street   May 19, 2020   July 10, 2020
Landa Series 1394 Oakview Circle   May 19, 2020   July 10, 2020
Landa Series 1701 Summerwoods Lane   May 19, 2020   July 10, 2020
Landa Series 1741 Park Lane   May 19, 2020   July 10, 2020
Landa Series 209 Timber Wolf Trail   May 19, 2020   July 10, 2020
Landa Series 2505 Oak Circle   May 19, 2020   July 10, 2020
Landa Series 271 Timber Wolf Trail   May 19, 2020   July 10, 2020
Landa Series 29 Holly Grove Road   May 19, 2020   July 10, 2020
Landa Series 1703 Summerwoods Lane   January 9, 2022   January 12, 2022
Landa Series 1712 Summerwoods Lane   January 9, 2022   January 12, 2022
Landa Series 1743 Summerwoods Lane   January 9, 2022   January 12, 2022
Landa Series 1750 Summerwoods Lane   January 9, 2022   January 12, 2022
Landa Series 4267 High Park Lane   January 9, 2022   January 12, 2022
Landa Series 4474 Highwood Park Drive   January 9, 2022   January 12, 2022
Landa Series 8569 Creekwood Way   January 9, 2022   January 12, 2022
Landa Series 9439 Lakeview Road   January 9, 2022   January 12, 2022
Landa Series 10167 Port Royal Court   January 9, 2022   January 12, 2022
Landa Series 1246 Elgin Way   January 9, 2022   January 12, 2022
Landa Series 1910 Grove Way   January 9, 2022   January 12, 2022
Landa Series 593 Country Lane Drive   January 9, 2022   January 12, 2022
Landa Series 6436 Stone Terrace   January 9, 2022   January 13, 2022
Landa Series 6440 Woodstone Terrace   January 9, 2022   January 13, 2022
Landa Series 6848 Sandy Creek Drive   January 9, 2022   January 13, 2022
Landa Series 687 Utoy Court   January 9, 2022   January 13, 2022
Landa Series 729 Winter Lane   January 9, 2022   January 13, 2022
Landa Series 7349 Exeter Court   January 9, 2022   January 13, 2022
Landa Series 8645 Embrey Drive   January 9, 2022   January 13, 2022
Landa Series 8780 Churchill Place   January 9, 2022   January 14, 2022
Landa Series 8796 Parliament Place   January 9, 2022   January 13, 2022
Landa Series 8641 Ashley Way   January 9, 2022   January 13, 2022
Landa Series 8651 Ashley Way   January 9, 2022   January 13, 2022
Landa Series 8652 Ashley Way   January 9, 2022   January 13, 2022
Landa Series 8653 Ashley Way   January 9, 2022   January 13, 2022
Landa Series 8654 Ashley Way   January 9, 2022   January 13, 2022
Landa Series 8655 Ashley Way   January 9, 2022   January 14, 2022
Landa Series 8659 Ashley Way   January 9, 2022   January 14, 2022
Landa Series 8662 Ashley Way   January 9, 2022   January 14, 2022
Landa Series 8668 Ashley Way   January 9, 2022   January 14, 2022
Landa Series 8670 Ashley Way   January 9, 2022   January 14, 2022
Landa Series 8674 Ashley Way   January 9, 2022   January 14, 2022
Landa Series 8675 Ashley Way   January 9, 2022   January 14, 2022
Landa Series 8677 Ashley Way   January 9, 2022   January 14, 2022
Landa Series 8678 Ashley Way   January 9, 2022   January 14, 2022
Landa Series 8679 Ashley Way   January 9, 2022   January 14, 2022
Landa Series 8683 Ashley Way   January 9, 2022   January 14, 2022

 

Significant Risks and Uncertainties

 

The Company is subject to customary risks and uncertainties with development of new technology including, but not limited to, new technological innovations, protection of proprietary technology, dependence on key personnel, costs of services provided by third parties, the need to obtain additional financing, and limited operating history.

 

F-76

 

 

Use of Estimates

 

The preparation of the combined financial statements in conformity with U.S. GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Significant estimates inherent in the preparation of these financial statements include, but are not limited to, useful life of assets and depreciation expenses.

 

Cash

 

As of December 31, 2022 and 2021, the Company itself had no cash or cash equivalents on hand. On a total combined basis, as of December 31, 2022, the Series, had $177,654  on hand, as compared to $79,897 on hand as of December 31, 2021.

 

The FDIC provides insurance coverage up to $250,000 per depositor, per account ownership category.

 

As a matter of performing its duties, the Manager, at times, will collect and hold cash on behalf of the property.

 

The following table summarizes the cash by Series:

 

Series  As of
December 31,
2022		   As of
December 31,
2021		 
Landa Series 115 Sardis Street  $583   $3,270 
Landa Series 1394 Oakview Circle   3,259    3,148 
Landa Series 1701 Summerwoods Lane   1,930    38,376 
Landa Series 1741 Park Lane   1,996    21,582 
Landa Series 209 Timber Wolf Trail   2,379    3,148 
Landa Series 2505 Oak Circle   2,836    3,723 
Landa Series 271 Timber Wolf Trail   7    3,649 
Landa Series 29 Holly Grove Road   199    3,001 
Landa Series 1703 Summerwoods Lane   2,886    - 
Landa Series 1712 Summerwoods Lane   4,253    - 
Landa Series 1743 Summerwoods Lane   4,285    - 
Landa Series 1750 Summerwoods Lane   3,560    - 
Landa Series 4267 High Park Lane   110    - 
Landa Series 4474 Highwood Park Drive   366    - 
Landa Series 8569 Creekwood Way   9,301    - 
Landa Series 9439 Lakeview Road   5,268    - 
Landa Series 10167 Port Royal Court   2,227    - 
Landa Series 1246 Elgin Way   1,974    - 
Landa Series 1910 Grove Way   8,525    - 
Landa Series 593 Country Lane Drive   2,528    - 
Landa Series 6436 Stone Terrace   1,009    - 
Landa Series 6440 Woodstone Terrace   1,179    - 
Landa Series 6848 Sandy Creek Drive   1,225    - 
Landa Series 687 Utoy Court   3,056    - 
Landa Series 729 Winter Lane   9,547    - 
Landa Series 7349 Exeter Court   2,756    - 
Landa Series 8645 Embrey Drive   1,007    - 
Landa Series 8780 Churchill Place   1,474    - 
Landa Series 8796 Parliament Place   4,641    - 
Landa Series 8641 Ashley Way   6,303    - 
Landa Series 8651 Ashley Way   5,323    - 
Landa Series 8652 Ashley Way   3,646    - 
Landa Series 8653 Ashley Way   4,715    - 
Landa Series 8654 Ashley Way   5,037    - 
Landa Series 8655 Ashley Way   10,649    - 
Landa Series 8659 Ashley Way   8,336    - 
Landa Series 8662 Ashley Way   7,032    - 
Landa Series 8668 Ashley Way   12,577    - 
Landa Series 8670 Ashley Way   1,739    - 
Landa Series 8674 Ashley Way   3,025    - 
Landa Series 8675 Ashley Way   2,573    - 
Landa Series 8677 Ashley Way   6,789    - 
Landa Series 8678 Ashley Way   3,761    - 
Landa Series 8679 Ashley Way   3,717    - 
Landa Series 8683 Ashley Way   7,141    - 
Total Cash  $176,729   $79,897 

 

F-77

 

 

On a total combined basis, as of December 31, 2022, the Series, had $39,291 of restricted cash, as compared to $0 on hand as of December 31, 2021.

 

The following table summarizes the restricted cash by Series:

 

Series  As of
December 31,
2022		   As of
December 31,
2021		 
Landa Series 115 Sardis Street  $-   $             - 
Landa Series 1394 Oakview Circle   775    - 
Landa Series 1701 Summerwoods Lane   925    - 
Landa Series 1741 Park Lane   -    - 
Landa Series 209 Timber Wolf Trail   500    - 
Landa Series 2505 Oak Circle   1,250    - 
Landa Series 271 Timber Wolf Trail   -    - 
Landa Series 29 Holly Grove Road   600    - 
Landa Series 1703 Summerwoods Lane   950    - 
Landa Series 1712 Summerwoods Lane   875    - 
Landa Series 1743 Summerwoods Lane   1,225    - 
Landa Series 1750 Summerwoods Lane   -    - 
Landa Series 4267 High Park Lane   975    - 
Landa Series 4474 Highwood Park Drive   1,000    - 
Landa Series 8569 Creekwood Way   500    - 
Landa Series 9439 Lakeview Road   1,050    - 
Landa Series 10167 Port Royal Court   915    - 
Landa Series 1246 Elgin Way   1,150    - 
Landa Series 1910 Grove Way   1,522    - 
Landa Series 593 Country Lane Drive   971    - 
Landa Series 6436 Stone Terrace   1,000    - 
Landa Series 6440 Woodstone Terrace   -    - 
Landa Series 6848 Sandy Creek Drive   975    - 
Landa Series 687 Utoy Court   1,157    - 
Landa Series 729 Winter Lane   500    - 
Landa Series 7349 Exeter Court   1,000    - 
Landa Series 8645 Embrey Drive   1,050    - 
Landa Series 8780 Churchill Place   1,200    - 
Landa Series 8796 Parliament Place   975    - 
Landa Series 8641 Ashley Way   900    - 
Landa Series 8651 Ashley Way   800    - 
Landa Series 8652 Ashley Way   2,200    - 
Landa Series 8653 Ashley Way   700    - 
Landa Series 8654 Ashley Way   1,350    - 
Landa Series 8655 Ashley Way   -    - 
Landa Series 8659 Ashley Way   2,125    - 
Landa Series 8662 Ashley Way   925    - 
Landa Series 8668 Ashley Way   1,000    - 
Landa Series 8670 Ashley Way   975    - 
Landa Series 8674 Ashley Way   1,300    - 
Landa Series 8675 Ashley Way   1,100    - 
Landa Series 8677 Ashley Way   1,050    - 
Landa Series 8678 Ashley Way   900    - 
Landa Series 8679 Ashley Way   925    - 
Landa Series 8683 Ashley Way   925    - 
Total Restricted Cash  $40,216   $- 

 

F-78

 

 

Revenue

 

Revenues are generated at the Series level. Rental revenue is generated from annual or month to month leases of the single-family homes. All leases are short term in nature and are less then twelve (12) months in term.

 

The Company adopted ASU 2014-09, Revenue from Contracts with Customers, and its related amendments, effective July 10, 2020.

 

We determine revenue recognition through the following steps:

 

  ● identification of a contract with a customer;

 

  ● identification of the performance obligations in the contract;

 

  ● determination of the transaction price;

 

  ● allocation of the transaction price to the performance obligations in the contract; and

 

  ● recognition of revenue when or as the performance obligations are satisfied.

 

Real Estate Property Acquisitions

 

Upon acquisition from a third-party, we evaluate our acquired single-family residential properties for purposes of determining whether a transaction should be accounted for as an asset acquisition or business combination. Upon adoption of ASU 2017-01, Business Combinations (Topic 805): Clarifying the Definition of a Business, our purchases of homes are treated as asset acquisitions and are recorded at their purchase price, which is allocated between land, building and improvements, and in-place lease intangibles (when a resident is in place at the acquisition date) based upon their relative fair values at the date of acquisition.

 

Fair value is determined in accordance with ASC 820, Fair Value Measurements and Disclosures, and is primarily based on unobservable data inputs. In making estimates of fair values for purposes of allocating the purchase price of individually acquired properties subject to an existing lease, the Company utilizes its own market knowledge obtained from historical transactions, its internal construction program and published market data. In this regard, the Company also utilizes information obtained from county tax assessment records to assist in the determination of the fair value of the land and building.

  

Upon acquisition from a related party, the Company considers this transaction between entities under common control. Under ASC 805-50-30-5, when accounting for a transfer of assets or exchange of shares between entities under common control, the entity that receives the net assets or the equity interests, in this case, the Series, will initially measure the recognized assets and liabilities transferred at their carrying amounts in the accounts of the transferring entity at the date of transfer.

 

In July 2020, the initial set of properties were acquired from a related party by each of the respective Series. The acquisitions were accounted for as a commonly controlled transaction and recorded, accordingly at their carryover basis.

 

Real Estate and Depreciation

 

Real estate properties are stated at cost less accumulated depreciation. Depreciation is computed on a straight-line basis over the estimated useful lives of buildings, improvements and other assets. Buildings are depreciated over twenty-seven and half years and improvements and other assets are depreciated over their estimated economic useful lives, generally three to thirty years. Accumulated Depreciation for the years ended December 31, 2022 and 2021 was $184,234 and $38,472, respectively.

 

F-79

 

 

Once a property is ready for its intended use, expenditures for ordinary maintenance and repairs are expensed to operations as incurred. We capitalize expenditures above a pre-determined threshold that improve or extend the life of a property.

 

Real Estate and Impairment

 

The Company continuously evaluates, by property, whether there are any events or changes in circumstances indicating that the carrying amount of the Series’ single-family residential properties may not be recoverable. To the extent an event or change in circumstance is identified, a residential property is considered to be impaired only if its carrying value cannot be recovered through estimated future undiscounted cash flows from the use and eventual disposition of the property. To the extent an impairment has occurred, the carrying amount of our investment in a property is adjusted to its estimated fair value. We use a qualitative approach to determine impairments. No impairments on any property were recorded as of December 31, 2022 and 2021.

 

Income Taxes

 

The Company intends to be taxed as a “disregarded entity” for federal income tax purposes and will not make any election or take any action that could cause it to be separately treated as an association taxable as a corporation under Subchapter C of the Code. The elements of income and expense are included on the tax returns of the entity’s members.

 

Each individual Series has elected to be treated as a corporation for tax purposes. Each separate Series intends to be accounted for as described in ASC Topic 740, “Income Taxes,” which requires an asset and liability approach to financial accounting and reporting for income taxes. Deferred income tax assets and liabilities are computed for differences between the financial statement and tax bases of assets and liabilities that will result in future taxable or deductible amounts, based on enacted tax laws and rates applicable to the periods in which the differences are expected to affect taxable income. Valuation allowances are established, when necessary, to reduce deferred tax assets to the amount expected to be realized.

 

The Series recognizes the tax benefit from an uncertain tax position only if it is more likely than not the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The tax benefits recognized in the financial statements from such positions are then measured based on the largest benefit that has a greater than fifty percent (50%) likelihood of being realized upon settlement. There were no uncertain tax positions as of December 31, 2022 and 2021.

 

The Series’ determinations regarding ASC 740 may be subject to review and adjustment at a later date based upon factors including, but not limited to, an on-going analysis of tax laws, regulations and interpretations thereof.

  

The Series are subject to incomes taxes for US federal purposes and in the state of Georgia. The Series’ tax years are open for examinations for all periods since inception.

 

Organization and Offering Costs

 

The Manager will pay all costs incurred in connection with each Series’ organization, including, the Series’ registration fee and franchise tax in the states of Delaware and Georgia. In addition, the Manager will pay all costs incurred in connection with each Offering.

 

F-80

 

 

3. RECENT ACCOUNTING STANDARDS

 

Management does not believe that any recently issued, but not yet effective, accounting standards could have a material effect on the accompanying financial statements. As new accounting pronouncements are issued, we will adopt those that are applicable under the circumstances. 

 

4. FAIR VALUE MEASUREMENTS

 

Fair value is an exit price, representing the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants based on the highest and best use of the asset or liability. As such, fair value is a market-based measurement that should be determined based on assumptions that market participants would use in pricing an asset or liability. The Company uses valuation techniques to measure fair value that maximize the use of observable inputs and minimize the use of unobservable inputs. These inputs are prioritized as follows:

 

Level 1 – Observable inputs, such as quoted prices for identical assets or liabilities in active markets;

 

Level 2 – Inputs, other than the quoted prices in active markets, that are observable either directly or indirectly, such as quoted prices for similar assets or liabilities, or market-corroborated inputs; and

 

Level 3 – Unobservable inputs for which there is little or no market data which require the reporting entity to develop its own assumptions about how market participants would price the assets or liabilities.

 

The valuation techniques that may be used to measure fair value are as follows:

 

Market approach – Uses prices and other relevant information generated by market transactions involving identical or comparable assets or liabilities.

 

Income approach – Uses valuation techniques to convert future amounts to a single present amount based on current market expectations about those future amounts, including present value techniques, option-pricing models, and excess earnings method.

 

Cost approach – Based on the amount that currently would be required to replace the service capacity of an asset (replacement cost).

 

As of December 31, 2022 and 2021, each of the Series’ significant financial instruments consist of cash and restricted cash, and related party payables.

 

F-81

 

 

5. INVESTMENTS IN SINGLE-FAMILY RESIDENTIAL PROPERTIES

 

The following table sets forth the net carrying amounts associated with each Series’ property by component as of December 31, 2022 and 2021.

 

Series  December 31,
2022		   December 31,
2021		 
Landa Series 115 Sardis Street  $105,330   $109,298 
Landa Series 1394 Oakview Circle   72,931    75,155 
Landa Series 1701 Summerwoods Lane   -    89,660 
Landa Series 1741 Park Lane   -    108,782 
Landa Series 209 Timber Wolf Trail   109,600    113,038 
Landa Series 2505 Oak Circle   97,086    100,135 
Landa Series 271 Timber Wolf Trail   118,018    121,800 
Landa Series 29 Holly Grove Road   91,494    94,568 
Landa Series 1703 Summerwoods Lane   108,069    - 
Landa Series 1712 Summerwoods Lane   108,069    - 
Landa Series 1743 Summerwoods Lane   108,069    - 
Landa Series 1750 Summerwoods Lane   108,069    - 
Landa Series 4267 High Park Lane   144,354    - 
Landa Series 4474 Highwood Park Drive   129,882    - 
Landa Series 8569 Creekwood Way   79,229    - 
Landa Series 9439 Lakeview Road   172,161    - 
Landa Series 10167 Port Royal Court   105,126    - 
Landa Series 1246 Elgin Way   126,923    - 
Landa Series 1910 Grove Way   99,387    - 
Landa Series 593 Country Lane Drive   91,099    - 
Landa Series 6436 Stone Terrace   57,496    - 
Landa Series 6440 Woodstone Terrace   61,550    - 
Landa Series 6848 Sandy Creek Drive   82,102    - 
Landa Series 687 Utoy Court   109,719    - 
Landa Series 729 Winter Lane   108,101    - 
Landa Series 7349 Exeter Court   105,171    - 
Landa Series 8645 Embrey Drive   113,019    - 
Landa Series 8780 Churchill Place   126,005    - 
Landa Series 8796 Parliament Place   104,412    - 
Landa Series 8641 Ashley Way   135,359    - 
Landa Series 8651 Ashley Way   113,181    - 
Landa Series 8652 Ashley Way   125,855    - 
Landa Series 8653 Ashley Way   112,125    - 
Landa Series 8654 Ashley Way   125,854    - 
Landa Series 8655 Ashley Way   117,416    - 
Landa Series 8659 Ashley Way   134,315    - 
Landa Series 8662 Ashley Way   130,090    - 
Landa Series 8668 Ashley Way   139,597    - 
Landa Series 8670 Ashley Way   146,991    - 
Landa Series 8674 Ashley Way   124,810    - 
Landa Series 8675 Ashley Way   122,697    - 
Landa Series 8677 Ashley Way   115,303    - 
Landa Series 8678 Ashley Way   155,441    - 
Landa Series 8679 Ashley Way   124,810    - 
Landa Series 8683 Ashley Way   114,247    - 
Total Net Carrying Amount  $4,880,562   $812,436 

 

F-82

 

 

During the years ended December 31, 2022 and 2021, each Series recognized the following in depreciation expense:

 

Series  December 31,
2022		   December 31,
2021		 
Landa Series 115 Sardis Street  $3,968   $3,967 
Landa Series 1394 Oakview Circle   2,224    2,223 
Landa Series 1701 Summerwoods Lane   930    2,790 
Landa Series 1741 Park Lane   1,264    3,793 
Landa Series 209 Timber Wolf Trail   3,438    3,437 
Landa Series 2505 Oak Circle   3,050    3,050 
Landa Series 271 Timber Wolf Trail   3,782    3,782 
Landa Series 29 Holly Grove Road   3,074    3,073 
Landa Series 1703 Summerwoods Lane   3,535    - 
Landa Series 1712 Summerwoods Lane   3,535    - 
Landa Series 1743 Summerwoods Lane   3,535    - 
Landa Series 1750 Summerwoods Lane   3,535    - 
Landa Series 4267 High Park Lane   4,721    - 
Landa Series 4474 Highwood Park Drive   4,248    - 
Landa Series 8569 Creekwood Way   2,591    - 
Landa Series 9439 Lakeview Road   5,631    - 
Landa Series 10167 Port Royal Court   3,438    - 
Landa Series 1246 Elgin Way   4,151    - 
Landa Series 1910 Grove Way   3,251    - 
Landa Series 593 Country Lane Drive   2,980    - 
Landa Series 6436 Stone Terrace   1,875    - 
Landa Series 6440 Woodstone Terrace   2,007    - 
Landa Series 6848 Sandy Creek Drive   2,678    - 
Landa Series 687 Utoy Court   3,578    - 
Landa Series 729 Winter Lane   3,526    - 
Landa Series 7349 Exeter Court   3,430    - 
Landa Series 8645 Embrey Drive   3,686    - 
Landa Series 8780 Churchill Place   4,109    - 
Landa Series 8796 Parliament Place   3,405    - 
Landa Series 8641 Ashley Way   4,415    - 
Landa Series 8651 Ashley Way   3,691    - 
Landa Series 8652 Ashley Way   4,105    - 
Landa Series 8653 Ashley Way   3,657    - 
Landa Series 8654 Ashley Way   4,105    - 
Landa Series 8655 Ashley Way   3,818    - 
Landa Series 8659 Ashley Way   4,368    - 
Landa Series 8662 Ashley Way   4,231    - 
Landa Series 8668 Ashley Way   4,540    - 
Landa Series 8670 Ashley Way   4,780    - 
Landa Series 8674 Ashley Way   4,059    - 
Landa Series 8675 Ashley Way   3,990    - 
Landa Series 8677 Ashley Way   3,750    - 
Landa Series 8678 Ashley Way   5,055    - 
Landa Series 8679 Ashley Way   4,059    - 
Landa Series 8683 Ashley Way   3,715    - 
Total  $161,513   $26,115 

 

F-83

 

 

6. MEMBER’S EQUITY

 

The Company is organized as a series limited liability company. As such, the liability of the members of the Company for the financial obligations of the Company is limited to each member’s contribution of capital.

 

7. RELATED PARTY TRANSACTIONS

 

Landa Holdings Inc., Manager

 

Notes Payable

 

Each Series financed 100% of the costs associated with the acquisition of its property, including an acquisition fee and expenses associated with sourcing its property, with an Acquisition Note issued by such Series to the Manager. Each of these Acquisition Notes represents a related-party loan between each respective Series and the Manager and has a term of five (5) years. The related-party Acquisition Notes are non-interest-bearing and are an unsecured obligation of the applicable Series.

 

The following table sets forth the net amounts as of December 31, 2022 and 2021.

 

Series  December 31,
2022		   December 31,
2021		 
Landa Series 115 Sardis Street  $52,515   $52,515 
Landa Series 1394 Oakview Circle   -    - 
Landa Series 1701 Summerwoods Lane   -    42,788 
Landa Series 1741 Park Lane   -    52,215 
Landa Series 209 Timber Wolf Trail   -    53,351 
Landa Series 2505 Oak Circle   -    43,742 
Landa Series 271 Timber Wolf Trail   -    55,185 
Landa Series 29 Holly Grove Road   -    44,727 
Landa Series 1703 Summerwoods Lane   -    - 
Landa Series 1712 Summerwoods Lane   -    - 
Landa Series 1743 Summerwoods Lane   -    - 
Landa Series 1750 Summerwoods Lane   -    - 
Landa Series 4267 High Park Lane   -    - 
Landa Series 4474 Highwood Park Drive   -    - 
Landa Series 8569 Creekwood Way   -    - 
Landa Series 9439 Lakeview Road   -    - 
Landa Series 10167 Port Royal Court   -    - 
Landa Series 1246 Elgin Way   -    - 
Landa Series 1910 Grove Way   -    - 
Landa Series 593 Country Lane Drive   -    - 
Landa Series 6436 Stone Terrace   -    - 
Landa Series 6440 Woodstone Terrace   -    - 
Landa Series 6848 Sandy Creek Drive   -    - 
Landa Series 687 Utoy Court   -    - 
Landa Series 729 Winter Lane   -    - 
Landa Series 7349 Exeter Court   -    - 
Landa Series 8645 Embrey Drive   -    - 
Landa Series 8780 Churchill Place   -    - 
Landa Series 8796 Parliament Place   -    - 
Landa Series 8641 Ashley Way   -    - 
Landa Series 8651 Ashley Way   -    - 
Landa Series 8652 Ashley Way   -    - 
Landa Series 8653 Ashley Way   -    - 
Landa Series 8654 Ashley Way   -    - 
Landa Series 8655 Ashley Way   -    - 
Landa Series 8659 Ashley Way   -    - 
Landa Series 8662 Ashley Way   -    - 
Landa Series 8668 Ashley Way   -    - 
Landa Series 8670 Ashley Way   -    - 
Landa Series 8674 Ashley Way   -    - 
Landa Series 8675 Ashley Way   -    - 
Landa Series 8677 Ashley Way   -    - 
Landa Series 8678 Ashley Way   -    - 
Landa Series 8679 Ashley Way   -    - 
Landa Series 8683 Ashley Way   -    - 
Total Acquisition Notes  $52,515   $344,523 

 

F-84

 

 

Promissory Notes

 

Each Series paid down, or otherwise discharged, a portion of the outstanding balance of its Acquisition Note with the proceeds from a related party refinance note issued by such Series to the Manager. Each of these related party refinance notes represented a related-party loan between each respective Series and the Manager. The related party refinance notes bear an interest rate of 4.50% and are an unsecured obligation of the applicable Series. In January 2022, a portion of the related party refinance notes were paid off with the Refinance Notes (see Note 9 below for further detail). The related party refinance notes have a five (5) year term  which requires payment of total principal amount of each mortgage note on the 5th anniversary date of the each mortgage note.

 

The following table sets forth the net amounts as of December 31, 2022 and 2021.

 

Series  December 31,
2022		   December 31,
2021		 
Landa Series 115 Sardis Street  $64,789   $64,789 
Landa Series 1394 Oakview Circle   -    44,015 
Landa Series 1701 Summerwoods Lane   -    52,703 
Landa Series 1741 Park Lane   -    64,359 
Landa Series 209 Timber Wolf Trail   50,785    66,476 
Landa Series 2505 Oak Circle   11,210    54,728 
Landa Series 271 Timber Wolf Trail   52,160    68,227 
Landa Series 29 Holly Grove Road   9,229    55,718 
Landa Series 1703 Summerwoods Lane   -    - 
Landa Series 1712 Summerwoods Lane   -    - 
Landa Series 1743 Summerwoods Lane   -    - 
Landa Series 1750 Summerwoods Lane   -    - 
Landa Series 4267 High Park Lane   -    - 
Landa Series 4474 Highwood Park Drive   -    - 
Landa Series 8569 Creekwood Way   -    - 
Landa Series 9439 Lakeview Road   -    - 
Landa Series 10167 Port Royal Court   -    - 
Landa Series 1246 Elgin Way   -    - 
Landa Series 1910 Grove Way   -    - 
Landa Series 593 Country Lane Drive   -    - 
Landa Series 6436 Stone Terrace   -    - 
Landa Series 6440 Woodstone Terrace   -    - 
Landa Series 6848 Sandy Creek Drive   -    - 
Landa Series 687 Utoy Court   -    - 
Landa Series 729 Winter Lane   -    - 
Landa Series 7349 Exeter Court   -    - 
Landa Series 8645 Embrey Drive   -    - 
Landa Series 8780 Churchill Place   -    - 
Landa Series 8796 Parliament Place   -    - 
Landa Series 8641 Ashley Way   -    - 
Landa Series 8651 Ashley Way   -    - 
Landa Series 8652 Ashley Way   -    - 
Landa Series 8653 Ashley Way   -    - 
Landa Series 8654 Ashley Way   -    - 
Landa Series 8655 Ashley Way   -    - 
Landa Series 8659 Ashley Way   -    - 
Landa Series 8662 Ashley Way   -    - 
Landa Series 8668 Ashley Way   -    - 
Landa Series 8670 Ashley Way   -    - 
Landa Series 8674 Ashley Way   -    - 
Landa Series 8675 Ashley Way   -    - 
Landa Series 8677 Ashley Way   -    - 
Landa Series 8678 Ashley Way   -    - 
Landa Series 8679 Ashley Way   -    - 
Landa Series 8683 Ashley Way   -    - 
Total Related Party Refinance Notes  $188,173   $471,015 

 

F-85

 

 

Due to/(from) Related Party Loans

 

The Manager will provide short term non-interest-bearing loans to the Series to be repaid from operating cash flow. The following table sets forth the net amounts as of December 31, 2022 and 2021.

 

Series  December 31,
2022		   December 31,
2021		 
Landa Series 115 Sardis Street  $(2,256)  $463 
Landa Series 1394 Oakview Circle   (3,706)   (7,451)
Landa Series 1701 Summerwoods Lane   (11,369)   (6,551)
Landa Series 1741 Park Lane   (12,500)   (5,490)
Landa Series 209 Timber Wolf Trail   (1,216)   (7,802)
Landa Series 2505 Oak Circle   14,453    8,919 
Landa Series 271 Timber Wolf Trail   8,928    (4,282)
Landa Series 29 Holly Grove Road   1,813    (3,762)
Landa Series 1703 Summerwoods Lane   (630)   - 
Landa Series 1712 Summerwoods Lane   2,713    - 
Landa Series 1743 Summerwoods Lane   550    - 
Landa Series 1750 Summerwoods Lane   (223)   - 
Landa Series 4267 High Park Lane   3,683    - 
Landa Series 4474 Highwood Park Drive   6,268    - 
Landa Series 8569 Creekwood Way   9,042    - 
Landa Series 9439 Lakeview Road   5,723    - 
Landa Series 10167 Port Royal Court   322    - 
Landa Series 1246 Elgin Way   (305)   - 
Landa Series 1910 Grove Way   19,770    - 
Landa Series 593 Country Lane Drive   (249)   - 
Landa Series 6436 Stone Terrace   972    - 
Landa Series 6440 Woodstone Terrace   17,916    - 
Landa Series 6848 Sandy Creek Drive   (109)   - 
Landa Series 687 Utoy Court   4,175    - 
Landa Series 729 Winter Lane   18,613    - 
Landa Series 7349 Exeter Court   (236)   - 
Landa Series 8645 Embrey Drive   (34)   - 
Landa Series 8780 Churchill Place   832    - 
Landa Series 8796 Parliament Place   1,522    - 
Landa Series 8641 Ashley Way   50    - 
Landa Series 8651 Ashley Way   6,160    - 
Landa Series 8652 Ashley Way   8,576    - 
Landa Series 8653 Ashley Way   (4,609)   - 
Landa Series 8654 Ashley Way   446    - 
Landa Series 8655 Ashley Way   7,388    - 
Landa Series 8659 Ashley Way   5,313    - 
Landa Series 8662 Ashley Way   1,843    - 
Landa Series 8668 Ashley Way   (1,032)   - 
Landa Series 8670 Ashley Way   (5,325)   - 
Landa Series 8674 Ashley Way   1,539    - 
Landa Series 8675 Ashley Way   3,803    - 
Landa Series 8677 Ashley Way   1,582    - 
Landa Series 8678 Ashley Way   1,417    - 
Landa Series 8679 Ashley Way   (451)   - 
Landa Series 8683 Ashley Way   401    - 
Total Due to/(from) Related Party Loans  $111,563   $(25,956)

 

F-86

 

 

8. OTHER LIABILITIES

 

Other liabilities consist of accruals for provision for income taxes, real estate taxes, interest expenses and repairs and maintenance. Each of the Series’ balance in other liabilities is as follows:

 

Series  December 31,
2022		   December 31,
2021		 
Landa Series 115 Sardis Street  $-   $1,564 
Landa Series 1394 Oakview Circle   986    2,946 
Landa Series 1701 Summerwoods Lane   

17,780

    3,169 
Landa Series 1741 Park Lane   

18,115

    2,649 
Landa Series 209 Timber Wolf Trail   1,016    2,453 
Landa Series 2505 Oak Circle   374    1,372 
Landa Series 271 Timber Wolf Trail   -    8,277 
Landa Series 29 Holly Grove Road   147    2,029 
Landa Series 1703 Summerwoods Lane   1,532    - 
Landa Series 1712 Summerwoods Lane   -    - 
Landa Series 1743 Summerwoods Lane   680    - 
Landa Series 1750 Summerwoods Lane   566    - 
Landa Series 4267 High Park Lane   700    - 
Landa Series 4474 Highwood Park Drive   858    - 
Landa Series 8569 Creekwood Way   81    - 
Landa Series 9439 Lakeview Road   -    - 
Landa Series 10167 Port Royal Court   465    - 
Landa Series 1246 Elgin Way   85    - 
Landa Series 1910 Grove Way   1,062    - 
Landa Series 593 Country Lane Drive   636    - 
Landa Series 6436 Stone Terrace   526    - 
Landa Series 6440 Woodstone Terrace   -    - 
Landa Series 6848 Sandy Creek Drive   1,597    - 
Landa Series 687 Utoy Court   -    - 
Landa Series 729 Winter Lane   255    - 
Landa Series 7349 Exeter Court   1,125    - 
Landa Series 8645 Embrey Drive   174    - 
Landa Series 8780 Churchill Place   483    - 
Landa Series 8796 Parliament Place   1,123    - 
Landa Series 8641 Ashley Way   162    - 
Landa Series 8651 Ashley Way   54    - 
Landa Series 8652 Ashley Way   402    - 
Landa Series 8653 Ashley Way   4,844    - 
Landa Series 8654 Ashley Way   -    - 
Landa Series 8655 Ashley Way   -    - 
Landa Series 8659 Ashley Way   344    - 
Landa Series 8662 Ashley Way   61    - 
Landa Series 8668 Ashley Way   89    - 
Landa Series 8670 Ashley Way   344    - 
Landa Series 8674 Ashley Way   -    - 
Landa Series 8675 Ashley Way   244    - 
Landa Series 8677 Ashley Way   438    - 
Landa Series 8678 Ashley Way   -    - 
Landa Series 8679 Ashley Way   64    - 
Landa Series 8683 Ashley Way   546    - 
Total Other Liabilities  $57,958   $24,459 

 

F-87

 

 

9. REFINANCE NOTES

 

In January 2022, each of the following Series entered into a commercial promissory note (“Refinance Note”) with Lending One, which bear an interest rate of 4.80%. Each Refinance Note is secured by the Property underlying the respective Series. Each of the Refinance Notes are a five (5) year note  which requires payment of total principal amount of each mortgage note on the 5th anniversary date of the each mortgage note.

 

The following table sets forth the net amounts as of December 31, 2022 and 2021.

 

Series  December 31,
2022		   December 31,
2021		 
Landa Series 115 Sardis Street  $-   $      - 
Landa Series 1394 Oakview Circle   44,015    - 
Landa Series 1701 Summerwoods Lane   -    - 
Landa Series 1741 Park Lane   -    - 
Landa Series 209 Timber Wolf Trail   61,750    - 
Landa Series 2505 Oak Circle   76,700    - 
Landa Series 271 Timber Wolf Trail   62,400    - 
Landa Series 29 Holly Grove Road   84,500    - 
Landa Series 1703 Summerwoods Lane   77,925    - 
Landa Series 1712 Summerwoods Lane   67,535    - 
Landa Series 1743 Summerwoods Lane   77,925    - 
Landa Series 1750 Summerwoods Lane   77,925    - 
Landa Series 4267 High Park Lane   104,250    - 
Landa Series 4474 Highwood Park Drive   93,750    - 
Landa Series 8569 Creekwood Way   49,400    - 
Landa Series 9439 Lakeview Road   124,425    - 
Landa Series 10167 Port Royal Court   82,500    - 
Landa Series 1246 Elgin Way   95,250    - 
Landa Series 1910 Grove Way   82,500    - 
Landa Series 593 Country Lane Drive   71,250    - 
Landa Series 6436 Stone Terrace   45,000    - 
Landa Series 6440 Woodstone Terrace   46,500    - 
Landa Series 6848 Sandy Creek Drive   64,500    - 
Landa Series 687 Utoy Court   82,500    - 
Landa Series 729 Winter Lane   82,500    - 
Landa Series 7349 Exeter Court   71,500    - 
Landa Series 8645 Embrey Drive   84,750    - 
Landa Series 8780 Churchill Place   94,500    - 
Landa Series 8796 Parliament Place   78,750    - 
Landa Series 8641 Ashley Way   96,357    - 
Landa Series 8651 Ashley Way   80,424    - 
Landa Series 8652 Ashley Way   76,700    - 
Landa Series 8653 Ashley Way   68,250    - 
Landa Series 8654 Ashley Way   89,529    - 
Landa Series 8655 Ashley Way   71,500    - 
Landa Series 8659 Ashley Way   81,900    - 
Landa Series 8662 Ashley Way   84,500    - 
Landa Series 8668 Ashley Way   99,392    - 
Landa Series 8670 Ashley Way   94,250    - 
Landa Series 8674 Ashley Way   87,750    - 
Landa Series 8675 Ashley Way   87,253    - 
Landa Series 8677 Ashley Way   81,942    - 
Landa Series 8678 Ashley Way   104,000    - 
Landa Series 8679 Ashley Way   88,770    - 
Landa Series 8683 Ashley Way   81,183    - 
Total Refinance Note  $3,358,200   $- 

 

F-88

 

 

10. INCOME TAXES

 

The components of each provision for income taxes for federal and state income taxes consisted of the following for the years ended December 31, 2022 and 2021:

 

Series  December 31,
2022		   December 31,
2021		 
Landa Series 115 Sardis Street  $-   $- 
Landa Series 1394 Oakview Circle   552    733 
Landa Series 1701 Summerwoods Lane   17,780    627 
Landa Series 1741 Park Lane   18,115    - 
Landa Series 209 Timber Wolf Trail   -    340 
Landa Series 2505 Oak Circle   -    - 
Landa Series 271 Timber Wolf Trail   -    753 
Landa Series 29 Holly Grove Road   -    - 
Landa Series 1703 Summerwoods Lane   -    - 
Landa Series 1712 Summerwoods Lane   -    - 
Landa Series 1743 Summerwoods Lane   490    - 
Landa Series 1750 Summerwoods Lane   -    - 
Landa Series 4267 High Park Lane   -    - 
Landa Series 4474 Highwood Park Drive   -    - 
Landa Series 8569 Creekwood Way   -    - 
Landa Series 9439 Lakeview Road   -    - 
Landa Series 10167 Port Royal Court   170    - 
Landa Series 1246 Elgin Way   -    - 
Landa Series 1910 Grove Way   -    - 
Landa Series 593 Country Lane Drive   525    - 
Landa Series 6436 Stone Terrace   239    - 
Landa Series 6440 Woodstone Terrace   -    - 
Landa Series 6848 Sandy Creek Drive   

580

    - 
Landa Series 687 Utoy Court   -    - 
Landa Series 729 Winter Lane   -    - 
Landa Series 7349 Exeter Court   568    - 
Landa Series 8645 Embrey Drive   107    - 
Landa Series 8780 Churchill Place   -    - 
Landa Series 8796 Parliament Place   625    - 
Landa Series 8641 Ashley Way   -    - 
Landa Series 8651 Ashley Way   -    - 
Landa Series 8652 Ashley Way   -    - 
Landa Series 8653 Ashley Way   394    - 
Landa Series 8654 Ashley Way   -    - 
Landa Series 8655 Ashley Way   -    - 
Landa Series 8659 Ashley Way   -    - 
Landa Series 8662 Ashley Way   61    - 
Landa Series 8668 Ashley Way   89    - 
Landa Series 8670 Ashley Way   -    - 
Landa Series 8674 Ashley Way   -    - 
Landa Series 8675 Ashley Way   -    - 
Landa Series 8677 Ashley Way   439    - 
Landa Series 8678 Ashley Way   -    - 
Landa Series 8679 Ashley Way   -    - 
Landa Series 8683 Ashley Way   -    - 
Total Provision for Income Taxes  $

40,731

   $2,453 

 

F-89

 

 

 

Deferred taxes are recognized for temporary differences between the basis of assets and liabilities for financial statement and income tax purposes.

 

The Company recognizes deferred tax assets to the extent that it believes that these assets are more likely than not to be realized. In making such a determination, the Company considers all available positive and negative evidence, including future reversals of existing taxable temporary differences, projected future taxable income, tax-planning strategies, and results of recent operations. The Company assessed the need for a valuation allowance against its net deferred tax assets and determined a full valuation allowance is required due to the current uncertainty of the future realization of the deferred tax assets.

 

Deferred tax assets were calculated using the Company’s combined effective tax rates, which it estimated to be ranging from 21.0% to 25.0% based on the state of the respective Series and the federal tax rate. The total deferred tax assets as of December 31, 2022 and 2021 are $29,120 and $2,319 on a individual Series basis. Based on the available evidence, management believes that it is more likely than not that its deferred tax assets will not be realized and accordingly, a full valuation allowance is provided for. The effective rate is reduced to approximately 66.59% and 12.50%, on a Series basis, for 2022 and 2021 due to the valuation allowance on its net deferred tax assets. The federal and state provision for income taxes for the years ended December 31, 2022 and 2021 are $40,731 and $2,453, respectively. The Company did not have any permanent tax difference for the years ended December 31, 2022 and 2021.

 

The components of the provision for income taxes are as follows:

 

   December 31,
2022		   December 31,
2021		 
Federal  $34,215   $2,061 
State   6,516    392 
Total provision for income taxes  $40,731   $2,453 

 

Deferred tax assets consist of the following:

 

   December 31,
2022		   December 31,
2021		 
Deferred tax assets:        
Net operating loss carryforwards  $29,120   $2,319 
           
Valuation allowance   (29,120)   (2,319)
Total deferred tax assets, net  $-   $- 

 

A reconciliation of the Company's statutory income tax rate to the Company's effective income tax rate is as follows:

 

   December 31,
2022		   December 31,
2021		 
Income at US statutory rate   21.00%   21.00%
State taxes, net of federal benefit   4.00%   4.00%
Valuation allowance   41.59%   (12.50)%
Total income taxes   66.59%   12.50%

 

The Company’s ability to utilize net operating loss carryforwards will depend on its ability to generate adequate future taxable income. As of December 31, 2022 and 2021, the Company had combined net operating loss carryforwards available to offset future taxable income in the amount of $116,480 and $9,275, respectively for federal and state purposes. (See Net Operating Loss table below for individual series net operating losses)

 

The Company’s policy is to record interest and penalties associated with unrecognized tax benefits as additional income taxes in the combined and combining statement of comprehensive income (loss). At January 1, 2021 and 2022, the Company had no unrecognized tax benefits and no charge during 2021 or 2022, and accordingly, the Company did not recognize any interest or penalties during 2021 or 2022 related to unrecognized tax benefits. There is no accrual for uncertain tax positions as of December 31, 2022 or 2021

 

F-90

 

 

The Company is not presently subject to any income tax audit in any taxing jurisdiction, though its 2022 tax year remains open to examination.

 

Below is a schedule of the Net Operating Losses per individual series:

 

Series  December 31,
2022		   December 31,
2021		 
Landa Series 115 Sardis Street  $1,522   $3,200 
Landa Series 1394 Oakview Circle   -    - 
Landa Series 1701 Summerwoods Lane   -    - 
Landa Series 1741 Park Lane   -    1,427 
Landa Series 209 Timber Wolf Trail   2,064    - 
Landa Series 2505 Oak Circle   -    4,067 
Landa Series 271 Timber Wolf Trail   2,522    - 
Landa Series 29 Holly Grove Road   2,253    581 
Landa Series 1703 Summerwoods Lane   490    - 
Landa Series 1712 Summerwoods Lane   581    - 
Landa Series 1743 Summerwoods Lane   -    - 
Landa Series 1750 Summerwoods Lane   10,289    - 
Landa Series 4267 High Park Lane   3,097    - 
Landa Series 4474 Highwood Park Drive   11,823    - 
Landa Series 8569 Creekwood Way   657    - 
Landa Series 9439 Lakeview Road   2,748    - 
Landa Series 10167 Port Royal Court   -    - 
Landa Series 1246 Elgin Way   417    - 
Landa Series 1910 Grove Way   11,014    - 
Landa Series 593 Country Lane Drive   -    - 
Landa Series 6436 Stone Terrace   -    - 
Landa Series 6440 Woodstone Terrace   16,588    - 
Landa Series 6848 Sandy Creek Drive   -    - 
Landa Series 687 Utoy Court   2,943    - 
Landa Series 729 Winter Lane   11,058    - 
Landa Series 7349 Exeter Court   -    - 
Landa Series 8645 Embrey Drive   -    - 
Landa Series 8780 Churchill Place   2,016    - 
Landa Series 8796 Parliament Place   -    - 
Landa Series 8641 Ashley Way   209    - 
Landa Series 8651 Ashley Way   4,761    - 
Landa Series 8652 Ashley Way   7,218    - 
Landa Series 8653 Ashley Way   -    - 
Landa Series 8654 Ashley Way   161    - 
Landa Series 8655 Ashley Way   5,553    - 
Landa Series 8659 Ashley Way   1,559    - 
Landa Series 8662 Ashley Way   -    - 
Landa Series 8668 Ashley Way   -    - 
Landa Series 8670 Ashley Way   1,074    - 
Landa Series 8674 Ashley Way   3,065    - 
Landa Series 8675 Ashley Way   5,030    - 
Landa Series 8677 Ashley Way   -    - 
Landa Series 8678 Ashley Way   658    - 
Landa Series 8679 Ashley Way   1,534    - 
Landa Series 8683 Ashley Way   3,576    - 
Total Series level Net Operating Losses  $116,480   $9,275 

 

F-91

 

 

11. COMMITMENTS AND CONTINGENCIES

 

Legal Proceedings

 

There are no legal proceedings material to our business or financial condition pending and, to the best of our knowledge, there are no such legal proceedings contemplated or threatened.

 

12. SUBSEQUENT EVENTS

 

On March 28, 2023, the Company commenced the offer and sale of 10,000 membership interests (each a “Share” and collectively, the “Shares”) in one-hundred eighty-one (181) additional Series, for an aggregate total of 1,810,000 Shares, pursuant to a qualified offering statement under Regulation A. As of May 8, 2023 the Company has sold 42,400 shares in the aggregate.

 

Between March 31, 2023 and April 28, 2023, Landa Properties transferred title to the following Properties to the applicable Series, as set forth in the table below.

 

Series   Property
Landa App LLC - 10121 Morris Drive SW Covington GA LLC   10121 Morris Drive SW, Covington, GA 30014
Landa App LLC - 10183 Starr Street SW Covington GA LLC   10183 Starr Street SW, Covington, GA 30014
Landa App LLC - 103 Starlake Drive Jackson GA LLC   103 Starlake Drive, Jackson, GA 30260
Landa App LLC - 10433 Candlelight Road Jonesboro GA LLC   10433 Candlelight Road, Jonesboro, GA 30238
Landa App LLC - 110 Shenandoah Drive Covington GA LLC   110 Shenandoah Drive, Covington, GA 30016
Landa App LLC - 111 Fir Drive McDonough GA LLC   111 Fir Drive, McDonough, GA 30253
Landa App LLC - 112 Ridge Street Locust Grove GA LLC   112 Ridge Street, Locust Grove, GA 30248
Landa App LLC - 11322 Michelle Way Hampton GA LLC   11322 Michelle Way, Hampton, GA 30228
Landa App LLC - 1147 Village Way Stone Mountain GA LLC   1147 Village Way, Stone Mountain, GA 30088
Landa App LLC - 1160 Gable Terrace Jonesboro GA LLC   1160 Gable Terrace, Jonesboro, GA 30236
Landa App LLC - 1201 Kilrush Drive Mableton GA LLC   1201 Kilrush Drive, Mableton, GA 30126
Landa App LLC - 124 Libby Lane Jonesboro GA LLC   124 Libby Lane, Jonesboro, GA 30238
Landa App LLC - 1320 Winona Avenue Griffin GA LLC   1320 Winona Avenue, Griffin, GA 30223
Landa App LLC - 137 Southern Shores Road Jackson GA LLC   137 Southern Shores Road, Jackson, GA 30233
Landa App LLC - 138 Sandalwood Circle Lawrenceville GA LLC   138 Sandalwood Circle, Lawrenceville, GA 30046
Landa App LLC - 140 High Ridge Road Covington GA LLC   140 High Ridge Road, Covington, GA 30014
Landa App LLC - 146 Crystal Brook Griffin GA LLC   146 Crystal Brook, Griffin, GA 30223
Landa App LLC - 153 Cliffside Court Riverdale GA LLC   153 Cliffside Court, Riverdale, GA 30274
Landa App LLC - 1666 W Poplar Street Griffin GA LLC   1666 W Poplar Street, Griffin, GA 30224
Landa App LLC - 168 Brookview Drive Riverdale GA LLC   168 Brookview Drive, Riverdale, GA 30274
Landa App LLC - 1689 Viceroy Way Riverdale GA LLC   1689 Viceroy Way, Riverdale, GA 30296
Landa App LLC - 181 Watercress Court Stockbridge GA LLC   181 Watercress Court, Stockbridge, GA 30281
Landa App LLC - 188 Timberline Road Jackson GA LLC   188 Timberline Road, Jackson, GA 30233
Landa App LLC - 189 Shenandoah Drive Riverdale GA LLC   189 Shenandoah Drive, Riverdale, GA 30274
Landa App LLC - 195 Hunters Trace Covington GA LKC   195 Hunters Trace, Covington, GA 30014
Landa App LLC - 196 Montego Circle Riverdale GA LLC   196 Montego Circle, Riverdale, GA 30274
Landa App LLC - 212 Fleeta Drive Covington GA LLC   212 Fleeta Drive, Covington, GA 30016
Landa App LLC - 217 Glenloch Court Stockbridge GA LLC   217 Glenloch Court, Stockbridge, GA 30281
Landa App LLC - 2264 Chestnut Hill Circle Decatur GA LLC   2264 Chestnut Hill Circle, Decatur, GA 30032
Landa App LLC - 25 Pleasant Valley Road McDonough GA LLC   25 Pleasant Valley Road, McDonough, GA 30253
Landa App LLC - 253 Marco Drive Social Circle GA LLC   253 Marco Drive, Social Circle, GA 30025
Landa App LLC - 258 Rocky Point Road Covington GA LLC   258 Rocky Point Road, Covington, GA 30016
Landa App LLC - 268 Brookview Drive Riverdale GA LLC   268 Brookview Drive, Riverdale, GA 30274
Landa App LLC - 270 Mountain Lane Covington GA LLC   270 Mountain Lane, Covington, GA 30016
Landa App LLC - 270 Pleasant Hill Drive Covington GA LLC   270 Pleasant Hill Drive, Covington, GA 30016
Landa App LLC - 2813 Vicksburg Court Decatur GA LLC   2813 Vicksburg Court, Decatur, GA 30034
Landa App LLC - 2933 Coffer Drive Ellenwood GA LLC   2933 Coffer Drive, Ellenwood, GA 30294
Landa App LLC - 30 High Ridge Road Covington GA LLC   30 High Ridge Road, Covington, GA 30014
Landa App LLC - 30 Roosevelt Road Covington GA LLC   30 Roosevelt Road, Covington, GA 30016
Landa App LLC - 3011 Raintree Drive SE Conyers GA LLC   3011 Raintree Drive SE, Conyers, GA 30013
Landa App LLC - 3043 Highway 81 S Covington GA LLC   3043 Highway 81 S, Covington, GA 30016
Landa App LLC - 313 Blue Heron Drive Jonesboro GA LLC   313 Blue Heron Drive, Jonesboro, GA 30236
Landa App LLC - 3202 Chippewa Drive Rex GA LLC   3202 Chippewa Drive, Rex, GA 30273
Landa App LLC - 35 Clay Court Covington GA LLC   35 Clay Court, Covington, GA 30016
Landa App LLC - 350 Cadiz Lane S College Park GA LLC   350 Cadiz Lane S, College Park, GA 30349
Landa App LLC - 351 Wesley Park Drive Jonesboro GA LLC   351 Wesley Park Drive, Jonesboro, GA 30238
Landa App LLC - 43 Darwin Drive Jonesboro GA LLC   43 Darwin Drive, Jonesboro, GA 30238

 

F-92

 

 

Series   Property
Landa App LLC - 45 Blue Jay Drive Covington GA LLC   45 Blue Jay Drive, Covington, GA 30016
Landa App LLC - 4702 Saint James Way Decatur GA LLC   4702 Saint James Way, Decatur, GA 30035
Landa App LLC - 4732 Pinedale Drive Forest Park GA LLC   4732 Pinedale Drive, Forest Park, GA 30297
Landa App LLC - 5040 Huntshire Lane Lilburn GA LLC   5040 Huntshire Lane, Lilburn, GA 30047
Landa App LLC - 513 Jarrett Court McDonough GA LLC   513 Jarrett Court, McDonough, GA 30253
Landa App LLC - 5143 Pinecrest Drive SW Covington GA LLC   5143 Pinecrest Drive SW, Covington, GA 30014
Landa App LLC - 540 Cowan Road Covington GA LLC   540 Cowan Road, Covington, GA 30016
Landa App LLC - 565 Mountainview Drive Covington GA LLC   565 Mountainview Drive, Covington, GA 30016
Landa App LLC - 5801 Strathmoor Manor Circle Lithonia GA LLC   5801 Strathmoor Manor Circle, Lithonia, GA 30058
Landa App LLC - 6107 Shadow Glen Court Covington GA LLC   6107 Shadow Glen Court, Covington, GA 30014
Landa App LLC - 6111-6113 Pine Glen Circle SW Covington GA LLC   6111-6113 Pine Glen Circle SW, Covington, GA 30014
Landa App LLC - 615 Barshay Drive Covington GA LLC   615 Barshay Drive, Covington, GA 30016
Landa App LLC - 6168 Wheat Street NE Covington GA LLC   6168 Wheat Street NE, Covington, GA 30014
Landa App LLC - 6178 Green Acres Drive SW Covington GA LLC   6178 Green Acres Drive SW, Covington, GA 30014
Landa App LLC - 643 Sycamore Drive Jonesboro GA LLC   643 Sycamore Drive, Jonesboro, GA 30238
Landa App LLC - 65 Freedom Court Covington GA LLC   65 Freedom Court, Covington, GA 30016
Landa App LLC - 6635 Kimberly Mill Road College Park GA LLC   6635 Kimberly Mill Road, College Park, GA 30349
Landa App LLC - 6653 Bedford Road Rex GA LLC   6653 Bedford Road, Rex, GA 30273
Landa App LLC - 6762 Bent Creek Drive Rex GA LLC   6762 Bent Creek Drive, Rex, GA 30273
Landa App LLC - 709 Georgetown Court Jonesboro GA LLC   709 Georgetown Court, Jonesboro, GA 30236
Landa App LLC - 7107 Geiger Street NW Covington GA LLC   7107 Geiger Street NW Covington GA 30016
Landa App LLC - 750 Georgetown Court Jonesboro GA LLC   750 Georgetown Court, Jonesboro ,GA 30236
Landa App LLC - 752 Chestnut Drive Jackson GA LLC   752 Chestnut Drive, Jackson, GA 30233
Landa App LLC - 773 Villa Way Jonesboro GA LLC   773 Villa Way, Jonesboro, GA 30238
Landa App LLC - 7781 Mountain Creek Way Douglasville GA LLC   7781 Mountain Creek Way, Douglasville, GA 30134
Landa App LLC - 7950 Woodlake Drive Riverdale GA LLC   7950 Woodlake Drive, Riverdale, GA 30274
Landa App LLC - 80 High Ridge Road Covington GA LLC   80 High Ridge Road, Covington, GA 30014
Landa App LLC - 808 Hillandale Lane Lithonia GA LLC   808 Hillandale Lane, Lithonia, GA 30058
Landa App LLC - 8110 Devonshire Drive Jonesboro GA LLC   8110 Devonshire Drive, Jonesboro, GA 30238
Landa App LLC - 8121 Spillers Drive SW Covington GA LLC   8121 Spillers Drive SW, Covington, GA 30014
Landa App LLC - 8233 Creekline Court Riverdale GA LLC   8233 Creekline Court, Riverdale, GA 30274
Landa App LLC - 843 Tramore Drive Stockbridge GA LLC   843 Tramore Drive, Stockbridge, GA 30281
Landa App LLC - 85 Kirkland Court Covington GA LLC   85 Kirkland Court, Covington, GA 30016
Landa App LLC - 85 Thorn Thicket Way Rockmart GA LLC   85 Thorn Thicket Way, Rockmart, GA 30153
Landa App LLC - 8855 Rugby Court Jonesboro GA LLC   8855 Rugby Court, Jonesboro, GA 30238
Landa App LLC - 9434 Cedar Creek Place Douglasville GA LLC   9434 Cedar Creek Place, Douglasville, GA 30135
Landa App LLC - 9597 Pintail Trail Jonesboro GA LLC   9597 Pintail Trail, Jonesboro, GA 30238
Landa App LLC - 1701 Summerwoods Lane Griffin GA LLC   1701 Summerwoods Lane, Griffin, GA 30224
Landa App LLC - 1741 Park Lane Griffin GA LLC   1741 Park Lane, Griffin, GA 30224

 

F-93

 

 

Each of the following Series issued an Acquisition Note to the Manager in connection with the acquisition of its Property, the terms of which are listed in the table below. Each of these Acquisition Notes represents a related-party loan between each respective Series and the Manager. The Acquisition Notes are interest-bearing and are an unsecured obligation of the applicable Series. The notes are five (5) year notes form the original Loan date.

 

Series  Principal Amount (1)   Annual Interest Rate   Loan
Date (2)
Landa Series 10 Oak Wood Lane  $254,456    4.50%  7/1/2022
Landa Series 10 Windridge Drive  $256,422    4.50%  7/1/2022
Landa Series 1000 Fox Valley Trail  $297,984    4.50%  7/1/2022
Landa Series 1007 Leeward Way  $300,157    4.50%  7/1/2022
Landa Series 10119 Commons Way  $306,450    4.50%  7/1/2022
Landa Series 10121 Morris Drive SW  $278,235    4.50%  7/1/2022
Landa Series 10183 Starr Street SW  $268,383    4.50%  7/1/2022
Landa Series 103 Starlake Drive  $267,883    4.50%  7/1/2022
Landa Series 104 Summerfield Drive  $300,059    4.50%  7/1/2022
Landa Series 10433 Candlelight Road  $305,757    4.50%  7/1/2022
Landa Series 105 Anne Street  $253,115    4.50%  7/1/2022
Landa Series 107 Oakwood Circle  $198,781    4.50%  7/1/2022
Landa Series 109 Amberwood Lane  $216,284    4.50%  7/1/2022
Landa Series 110 Shenandoah Drive  $310,797    4.50%  7/1/2022
Landa Series 111 Fir Drive  $240,106    4.50%  7/1/2022
Landa Series 1110 Parkview Drive  $260,727    4.50%  7/1/2022

 

F-94

 

 

Series  Principal Amount (1)   Annual Interest Rate   Loan
Date (2)
Landa Series 11187 Shannon Circle  $310,885    4.50%  7/1/2022
Landa Series 112 Ridge Street  $309,709    4.50%  7/1/2022
Landa Series 11322 Michelle Way  $250,982    4.50%  7/1/2022
Landa Series 114 Starlake Drive  $253,436    4.50%  7/1/2022
Landa Series 11447 S Grove Drive  $284,781    4.50%  7/1/2022
Landa Series 1147 Village Way  $301,010    4.50%  7/1/2022
Landa Series 115 Lakeview Drive  $285,786    4.50%  7/1/2022
Landa Series 1160 Gable Terrace  $301,175    4.50%  7/1/2022
Landa Series 1190 Kirkland Road  $323,791    4.50%  7/1/2022
Landa Series 12 Mintz Street  $264,035    4.50%  7/1/2022
Landa Series 120 Rosewood Drive  $286,873    4.50%  7/1/2022
Landa Series 1201 Kilrush Drive  $535,920    4.50%  7/1/2022
Landa Series 124 Libby Lane  $240,485    4.50%  7/1/2022
Landa Series 126 E Mimosa Drive  $256,451    4.50%  7/1/2022
Landa Series 12641 Alcovy Road  $307,481    4.50%  7/1/2022
Landa Series 1320 Winona Avenue  $220,795    4.50%  7/1/2022
Landa Series 133 Dove Landing  $227,058    4.50%  7/1/2022
Landa Series 137 Southern Shores Road  $240,268    4.50%  7/1/2022
Landa Series 138 Sandalwood Circle  $253,616    4.50%  7/1/2022
Landa Series 140 High Ridge Road  $285,784    4.50%  7/1/2022
Landa Series 141 Longstreet Circle  $331,402    4.50%  7/1/2022
Landa Series 1443 Pebble Ridge Lane  $319,610    4.50%  7/1/2022
Landa Series 1445 Maple Valley Court  $200,632    4.50%  7/1/2022
Landa Series 146 Crystal Brook  $212,200    4.50%  7/1/2022
Landa Series 1473 Brownleaf Drive  $282,588    4.50%  7/1/2022
Landa Series 1485 Bola Court  $258,597    4.50%  7/1/2022
Landa Series 1490 Diplomat Drive  $354,470    4.50%  7/1/2022
Landa Series 153 Cliffside Court  $185,856    4.50%  7/1/2022
Landa Series 157 Wells Road  $221,620    4.50%  7/1/2022
Landa Series 160 Chimney Ridge Trail  $286,873    4.50%  7/1/2022
Landa Series 164 Longstreet Circle  $289,049    4.50%  7/1/2022
Landa Series 1666 W Poplar Street  $231,406    4.50%  7/1/2022
Landa Series 168 Brookview Drive  $132,243    4.50%  7/1/2022
Landa Series 1683 Spoonbill Road  $244,459    4.50%  7/1/2022
Landa Series 1689 Viceroy Way  $280,628    4.50%  7/1/2022
Landa Series 171 Davidson Drive  $303,132    4.50%  7/1/2022
Landa Series 1768 Glen View Way  $250,620    4.50%  7/1/2022
Landa Series 181 Watercress Court  $274,908    4.50%  7/1/2022
Landa Series 188 Timberline Road  $161,802    4.50%  7/1/2022
Landa Series 189 Shenandoah Drive  $256,420    4.50%  7/1/2022
Landa Series 1903 Old Concord Drive SE  $308,568    4.50%  7/1/2022
Landa Series 195 Branchwood Drive  $316,179    4.50%  7/1/2022
Landa Series 195 Fairclift Drive  $285,786    4.50%  7/1/2022
Landa Series 195 Hunters Trace  $316,955    4.50%  7/1/2022
Landa Series 196 Montego Circle  $267,295    4.50%  7/1/2022
Landa Series 20 Chimney Smoke Drive  $286,873    4.50%  7/1/2022
Landa Series 204 N Main Court  $227,058    4.50%  7/1/2022
Landa Series 2055 Grove Way  $248,809    4.50%  7/1/2022
Landa Series 212 Fleeta Drive  $233,632    4.50%  7/1/2022
Landa Series 215 Central Lake Circle  $267,251    4.50%  7/1/2022
Landa Series 217 Glenloch Court  $308,621    4.50%  7/1/2022

 

F-95

 

 

Series  Principal Amount (1)   Annual Interest Rate   Loan
Date (2)
Landa Series 2177 E Chester Circle SE  $312,950    4.50%  7/1/2022
Landa Series 221 Lakeview Drive  $297,749    4.50%  7/1/2022
Landa Series 2264 Chestnut Hill Circle  $379,313    4.50%  7/1/2022
Landa Series 235 Lazy Hollow Lane  $299,259    4.50%  7/1/2022
Landa Series 2425 Cornell Circle  $331,464    4.50%  7/1/2022
Landa Series 2443 Hodges Farm Road  $245,546    4.50%  7/1/2022
Landa Series 25 Pleasant Valley Road  $283,609    4.50%  7/1/2022
Landa Series 253 Marco Drive  $232,761    4.50%  7/1/2022
Landa Series 255 Countryside Lane  $294,486    4.50%  7/1/2022
Landa Series 258 Rocky Point Road  $315,147    4.50%  7/1/2022
Landa Series 263 Rocky Point Road  $279,261    4.50%  7/1/2022
Landa Series 268 Brookview Drive  $188,408    4.50%  7/1/2022
Landa Series 270 Mountain Lane  $291,683    4.50%  7/1/2022
Landa Series 270 Mountain Way  $287,961    4.50%  7/1/2022
Landa Series 270 Pleasant Hill Drive  $273,208    4.50%  7/1/2022
Landa Series 2794 Norfair Loop  $233,583    4.50%  7/1/2022
Landa Series 2813 Vicksburg Court  $337,986    4.50%  7/1/2022
Landa Series 2933 Coffer Drive  $281,715    4.50%  7/1/2022
Landa Series 30 High Ridge Road  $332,846    4.50%  7/1/2022
Landa Series 30 Roosevelt Road  $284,696    4.50%  7/1/2022
Landa Series 3011 Raintree Drive SE  $310,013    4.50%  7/1/2022
Landa Series 304 Deerfield Drive  $291,845    4.50%  7/1/2022
Landa Series 3043 Highway 81 S  $216,225    4.50%  7/1/2022
Landa Series 313 Blue Heron Drive  $271,457    4.50%  7/1/2022
Landa Series 3202 Chippewa Drive  $298,834    4.50%  7/1/2022
Landa Series 35 Clay Court  $303,197    4.50%  7/1/2022
Landa Series 350 Cadiz Lane S  $277,083    4.50%  7/1/2022
Landa Series 351 Wesley Park Drive  $260,770    4.50%  7/1/2022
Landa Series 3603 Manhattan Drive  $326,027    4.50%  7/1/2022
Landa Series 3667 Patti Parkway  $379,317    4.50%  7/1/2022
Landa Series 404 Barberry Lane  $285,892    4.50%  7/1/2022
Landa Series 412 Kendall Lane  $296,763    4.50%  7/1/2022
Landa Series 416 Autumn Lake Court  $266,210    4.50%  7/1/2022
Landa Series 43 Darwin Drive  $252,069    4.50%  7/1/2022
Landa Series 432 Manor Estates Drive  $314,170    4.50%  7/1/2022
Landa Series 440 Freestone Drive  $331,496    4.50%  7/1/2022
Landa Series 4447 Lake Breeze Drive  $342,340    4.50%  7/1/2022
Landa Series 445 Independence Drive  $298,780    4.50%  7/1/2022
Landa Series 449 Kara Lane  $265,401    4.50%  7/1/2022
Landa Series 45 Blue Jay Drive  $353,211    4.50%  7/1/2022
Landa Series 45 Laurel Way  $340,100    4.50%  7/1/2022
Landa Series 4702 Saint James Way  $267,453    4.50%  7/1/2022
Landa Series 4732 Pinedale Drive  $234,719    4.50%  7/1/2022
Landa Series 497 Highway 212  $279,211    4.50%  7/1/2022
Landa Series 5039 East Street  $207,482    4.50%  7/1/2022
Landa Series 5040 Huntshire Lane  $444,985    4.50%  7/1/2022
Landa Series 513 Jarrett Court  $289,113    4.50%  7/1/2022
Landa Series 5143 Pinecrest Drive SW  $227,104    4.50%  7/1/2022
Landa Series 524 Sawmill Road  $283,679    4.50%  7/1/2022
Landa Series 5329 Shirewick Lane  $337,990    4.50%  7/1/2022

 

F-96

 

 

Series  Principal Amount (1)   Annual Interest Rate   Loan
Date (2)
Landa Series 540 Cowan Road  $299,557    4.50%  7/1/2022
Landa Series 5411 Rocky Pine Drive  $309,885    4.50%  7/1/2022
Landa Series 55 Myrtle Grove Lane  $291,224    4.50%  7/1/2022
Landa Series 550 Cowan Road  $250,783    4.50%  7/1/2022
Landa Series 5581 Fox Glen Circle  $434,715    4.50%  7/1/2022
Landa Series 565 Mountainview Drive  $283,236    4.50%  7/1/2022
Landa Series 5737 Strathmoor Manor Circle  $254,247    4.50%  7/1/2022
Landa Series 5801 Strathmoor Manor Circle  $262,945    4.50%  7/1/2022
Landa Series 6104-6106 Oakwood Circle SW  $247,853    4.50%  7/1/2022
Landa Series 6107 Shadow Glen Court  $212,961    4.50%  7/1/2022
Landa Series 6111-6113 Pine Glen Circle SW  $456,530    4.50%  7/1/2022
Landa Series 6119 Pineneedle Drive SW  $166,154    4.50%  7/1/2022
Landa Series 615 Barshay Drive  $291,964    4.50%  7/1/2022
Landa Series 6168 Wheat Street NE  $187,898    4.50%  7/1/2022
Landa Series 6178 Green Acres Drive SW  $223,434    4.50%  7/1/2022
Landa Series 6386 Forester Way  $296,833    4.50%  7/1/2022
Landa Series 6404 Walnut Way  $279,261    4.50%  7/1/2022
Landa Series 643 Sycamore Drive  $270,184    4.50%  7/1/2022
Landa Series 65 Freedom Court  $293,884    4.50%  7/1/2022
Landa Series 653 Georgetown Lane  $285,870    4.50%  7/1/2022
Landa Series 6635 Kimberly Mill Road  $328,712    4.50%  7/1/2022
Landa Series 6653 Bedford Road  $278,623    4.50%  7/1/2022
Landa Series 6710 Sunset Hills Boulevard  $236,846    4.50%  7/1/2022
Landa Series 6762 Bent Creek Drive  $279,258    4.50%  7/1/2022
Landa Series 683 Wood Path Court  $328,476    4.50%  7/1/2022
Landa Series 70 Shenandoah Lane  $335,751    4.50%  7/1/2022
Landa Series 709 Georgetown Court  $276,058    4.50%  7/1/2022
Landa Series 7107 Geiger Street NW  $160,714    4.50%  7/1/2022
Landa Series 7205 Lakeview Drive SW  $292,311    4.50%  7/1/2022
Landa Series 750 Georgetown Court  $227,055    4.50%  7/1/2022
Landa Series 752 Chestnut Drive  $197,731    4.50%  7/1/2022
Landa Series 773 Villa Way  $119,844    4.50%  7/1/2022
Landa Series 7781 Mountain Creek Way  $301,080    4.50%  7/1/2022
Landa Series 7950 Woodlake Drive  $250,982    4.50%  7/1/2022
Landa Series 80 High Ridge Road  $302,097    4.50%  7/1/2022
Landa Series 800 Mills Drive  $336,839    4.50%  7/1/2022
Landa Series 808 Hillandale Lane  $285,336    4.50%  7/1/2022
Landa Series 8110 Devonshire Drive  $212,961    4.50%  7/1/2022
Landa Series 8121 Spillers Drive SW  $244,946    4.50%  7/1/2022
Landa Series 8233 Creekline Court  $293,652    4.50%  7/1/2022
Landa Series 8302 Sterling Lakes Drive  $305,362    4.50%  7/1/2022
Landa Series 843 Tramore Drive  $195,489    4.50%  7/1/2022
Landa Series 85 Kirkland Court  $331,460    4.50%  7/1/2022
Landa Series 85 Thorn Thicket Way  $294,552    4.50%  7/1/2022
Landa Series 8658 Ashley Way  $190,908    4.50%  7/1/2022
Landa Series 8667 Ashley Way  $136,737    4.50%  7/1/2022
Landa Series 8671 Ashley Way  $200,777    4.50%  7/1/2022
Landa Series 8676 Ashley Way  $205,683    4.50%  7/1/2022
Landa Series 8691 Ashley Way  $148,555    4.50%  7/1/2022
Landa Series 8692 Ashley Way  $145,859    4.50%  7/1/2022
Landa Series 8693 Ashley Way  $220,464    4.50%  7/1/2022
Landa Series 8694 Ashley Way  $200,996    4.50%  7/1/2022
Landa Series 8697 Ashley Way  $218,458    4.50%  7/1/2022
Landa Series 8819 Leafwood Court  $282,606    4.50%  7/1/2022
Landa Series 8855 Rugby Court  $221,665    4.50%  7/1/2022
Landa Series 9020 Sterling Ridge Lane  $236,659    4.50%  7/1/2022
Landa Series 9150 Spillers Drive SW  $253,159    4.50%  7/1/2022
Landa Series 925 Mote Road  $311,830    4.50%  7/1/2022
Landa Series 9409 Forest Knoll Drive  $307,642    4.50%  7/1/2022
Landa Series 9434 Cedar Creek Place  $331,780    4.50%  7/1/2022
Landa Series 9597 Pintail Trail  $301,292    4.50%  7/1/2022
Landa Series 974 Laurel Street  $278,298    4.50%  7/1/2022
Landa Series 1701 Summerwoods Lane  $172,405    4.50%  7/1/2022
Landa Series 1741 Park Lane  $195,085    4.50%  7/1/2022

 

F-97

 

 

On April 28 2023, each of the following Series entered into Additional Borrowings (as such term is defined in the Company’s latest Offering Circular, which can be found here) with L Finance LLC, the terms of which are listed in the table below. Each Additional Borrowing is secured by the Property underlying the respective Series, and bears interest at a rate that is the higher of SOFR+7%, or 12.5%.

 

Series  Principal
Amount		   Maturity
Date
Landa Series 10121 Morris Drive SW  $160,225   04/28/2024
Landa Series 10183 Starr Street SW  $172,550   04/28/2024
Landa Series 103 Starlake Drive  $145,000   04/28/2024
Landa Series 10433 Candlelight Road  $170,375   04/28/2024
Landa Series 110 Shenandoah Drive  $192,125   04/28/2024
Landa Series 111 Fir Drive  $145,000   04/28/2024
Landa Series 112 Ridge Street  $178,350   04/28/2024
Landa Series 11322 Michelle Way  $137,750   04/28/2024
Landa Series 1147 Village Way  $148,625   04/28/2024
Landa Series 1160 Gable Terrace  $203,000   04/28/2024
Landa Series 1201 Kilrush Drive  $322,625   04/28/2024
Landa Series 124 Libby Lane  $160,950   04/28/2024
Landa Series 1320 Winona Avenue  $106,038   04/28/2024
Landa Series 137 Southern Shores Road  $159,500   04/28/2024
Landa Series 138 Sandalwood Circle  $163,125   04/28/2024
Landa Series 140 High Ridge Road  $174,000   04/28/2024
Landa Series 146 Crystal Brook  $141,375   04/28/2024
Landa Series 153 Cliffside Court  $94,250   04/28/2024
Landa Series 1666 W Poplar Street  $155,875   04/28/2024
Landa Series 1689 Viceroy Way  $188,500   04/28/2024
Landa Series 181 Watercress Court  $142,100   04/28/2024
Landa Series 188 Timberline Road  $72,500   04/28/2024
Landa Series 189 Shenandoah Drive  $143,550   04/28/2024
Landa Series 195 Hunters Trace  $177,625   04/28/2024
Landa Series 196 Montego Circle  $159,500   04/28/2024
Landa Series 212 Fleeta Drive  $170,375   04/28/2024
Landa Series 217 Glenloch Court  $232,000   04/28/2024
Landa Series 2264 Chestnut Hill Circle  $226,200   04/28/2024
Landa Series 25 Pleasant Valley Road  $159,500   04/28/2024
Landa Series 253 Marco Drive  $148,625   04/28/2024
Landa Series 258 Rocky Point Road  $184,875   04/28/2024
Landa Series 270 Mountain Lane  $185,600   04/28/2024
Landa Series 270 Pleasant Hills Drive  $170,375   04/28/2024
Landa Series 2813 Vicksburg Court  $210,250   04/28/2024
Landa Series 2933 Coffer Drive  $174,000   04/28/2024
Landa Series 30 High Ridge Road  $163,125   04/28/2024
Landa Series 30 Roosevelt Road  $184,875   04/28/2024
Landa Series 3011 Raintree Drive SE  $184,875   04/28/2024
Landa Series 3043 Highway 81 S  $155,875   04/28/2024
Landa Series 313 Blue Heron Drive  $174,000   04/28/2024
Landa Series 3202 Chippewa Drive  $152,250   04/28/2024
Landa Series 35 Clay Court  $174,000   04/28/2024
Landa Series 350 Cadiz Lane S  $163,125   04/28/2024
Landa Series 351 Wesley Park Drive  $152,250   04/28/2024
Landa Series 43 Darwin Drive  $163,125   04/28/2024
Landa Series 45 Blue Jay Drive  $222,575   04/28/2024
Landa Series 4702 Saint James Way  $145,725   04/28/2024
Landa Series 4732 Pinedale Drive  $123,250   04/28/2024
Landa Series 5040 Huntshire Lane  $308,125   04/28/2024
Landa Series 513 Jarrett Court  $181,250   04/28/2024
Landa Series 5143 Pinecrest Drive SW  $130,500   04/28/2024
Landa Series 540 Cowan Road  $188,500   04/28/2024
Landa Series 565 Mountainview Drive  $188,500   04/28/2024
Landa Series 5801 Strathmoor Manor Circle  $143,550   04/28/2024

 

F-98

 

 

Series  Principal
Amount		   Maturity
Date
Landa Series 6107 Shadow Glen Court  $131,225   04/28/2024
Landa Series 6111-6113 Pine Glen Circle SW  $181,250   04/28/2024
Landa Series 615 Barshay Drive  $174,000   04/28/2024
Landa Series 6168 Wheat Street NE  $108,750   04/28/2024
Landa Series 6178 Green Acres Drive SW  $130,500   04/28/2024
Landa Series 643 Sycamore Drive  $178,350   04/28/2024
Landa Series 65 Freedom Court  $159,500   04/28/2024
Landa Series 6635 Kimberly Mill Road  $176,900   04/28/2024
Landa Series 6653 Bedford Road  $159,500   04/28/2024
Landa Series 6762 Bent Creek Drive  $192,125   04/28/2024
Landa Series 709 Georgetown Court  $170,375   04/28/2024
Landa Series 7107 Geiger Street NW  $126,875   04/28/2024
Landa Series 750 Georgetown Court  $152,250   04/28/2024
Landa Series 752 Chestnut Drive  $105,125   04/28/2024
Landa Series 7781 Mountain Creek Way  $202,928   04/28/2024
Landa Series 7950 Woodlake Drive  $142,100   04/28/2024
Landa Series 80 High Ridge Road  $184,875   04/28/2024
Landa Series 808 Hillandale Lane  $171,000   04/28/2024
Landa Series 8110 Devonshire Drive  $134,125   04/28/2024
Landa Series 8121 Spillers Drive SW  $126,875   04/28/2024
Landa Series 8233 Creekline Court  $152,119   04/28/2024
Landa Series 85 Kirkland Court  $206,625   04/28/2024
Landa Series 85 Thorn Thicket Way  $175,550   04/28/2024
Landa Series 8855 Rugby Court  $123,250   04/28/2024
Landa Series 9434 Cedar Creek Place  $195,750   04/28/2024
Landa Series 9597 Pintail Trail  $163,125   04/28/2024

 

F-99

 

 

Item 8. Exhibits

 

INDEX OF EXHIBITS

 

No.   Exhibit Description
     
2.1   Certificate of Formation of Landa Properties A LLC dated November 25, 2019 (incorporated by reference to the copy thereof filed as Exhibit 2.1 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.2   Certificate of Amendment to the Certificate of Formation of Landa Properties A LLC, dated April 30, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.2 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.3   Certificate of Amendment to the Certificate of Formation of Landa Properties A LLC, dated May 22, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.3 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.4   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 115 Sardis Street Barnesville GA LLC (incorporated by reference to the copy thereof filed as Exhibit 2.4 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.5   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 1394 Oakview Circle Forest Park LLC (incorporated by reference to the copy thereof filed as Exhibit 2.5 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.6   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 1701 Summerwoods Lane Griffin GA LLC (incorporated by reference to the copy thereof filed as Exhibit 2.6 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.7   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 1741 Park Lane Griffin GA LLC (incorporated by reference to the copy thereof filed as Exhibit 2.7 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.8   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 209 Timber Wolf Trail Griffin GA LLC (incorporated by reference to the copy thereof filed as Exhibit 2.8 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.9   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 2505 Oak Circle Ellenwood GA LLC (incorporated by reference to the copy thereof filed as Exhibit 2.9 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*

 

35

 

 

2.10   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 271 Timber Wolf Trail Griffin GA LLC (incorporated by reference to the copy thereof filed as Exhibit 2.10 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.11   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 29 Holly Grove Road Griffin GA LLC (incorporated by reference to the copy thereof filed as Exhibit 2.11 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.12   Limited Liability Company Operating Agreement of Landa App LLC, dated September 14, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.12 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.13   Certificate of Amendment - 1394 Oakview Circle Forest Park LLC (incorporated by reference to the copy thereof filed as Exhibit 2.13 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
2.14   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 1703 Summerwoods Lane Griffin GA LLC, dated May 19, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.14 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.15   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 1712 Summerwoods Lane Griffin GA LLC, dated May 19, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.15 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.16   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 1743 Summerwoods Lane Griffin GA LLC, dated May 19, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.16 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.17   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 1750 Summerwoods Lane Griffin GA LLC, dated May 19, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.17 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.18   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 4267 High Park Lane East Point GA LLC, dated May 19, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.18 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.19   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 4474 Highwood Park Drive East Point GA LLC, dated May 19, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.19 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.20   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 4809/4811 Pinedale Drive Forest Park GA 30297 LLC, dated May 19, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.20 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.21   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 5051 Maple Drive Forest Park GA LLC, dated May 19, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.21 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*

 

36

 

 

2.22   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 8569 Creekwood Way Jonesboro GA LLC, dated May 19, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.22 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.23   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 9439 Lakeview Road Union City GA LLC, dated May 19, 2020 (incorporated by reference to the copy thereof filed as Exhibit 2.23 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.24   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 10167 Port Royal Court Jonesboro GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.24 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.25   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 1246 Elgin Way Riverdale GA 30296 LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.25 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.26   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 168 Brookview Drive Riverdale GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.26 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.27   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 1910 Grove Way Hampton GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.27 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.28   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 268 Brookview Drive Riverdale GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.28 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.29   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 593 Country Lane Jonesboro, GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.29 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.30   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 6436 Stone Terrace Morrow GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.30 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.31   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 6440 Woodstone Terrace Morrow GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.31 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.32   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 6848 Sandy Creek Drive Riverdale GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.32 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.33   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 687 Utoy Court Jonesboro GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.33 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.34   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 729 Winter Lane Jonesboro GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.34 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.35   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 7349 Exeter Court Riverdale GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.35 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*

 

37

 

 

2.36   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 773 Villa Way Jonesboro GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.36 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.37   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 8645 Embrey Drive Jonesboro GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.37 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.38   Certificate of Registered Series of a Limited Liability Company for Landa App LLC - 8780 Churchill Place Jonesboro GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.38 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*

 

2.39   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8796 Parliament Place Jonesboro GA LLC, dated July 8, 2021 (incorporated by reference to the copy thereof filed as Exhibit 2.39 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
2.40   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8641 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.31 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.41   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8651 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.32 to the Company’s Offering Statement on Form 1-A Filed on October 7, 2021)*
     
2.42   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8652 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.33 to the Company’s Offering Statement on Form 1-A Filed on October 7, 2021)*
     
2.43   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8653 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.34 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.44   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8654 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.35 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.45   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8655 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.36 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.46   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8659 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.38 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.47   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8662 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.39 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.48   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8668 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.40 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.49   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8670 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.41 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*

 

38

 

 

2.50   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8674 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.42 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.51   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8675 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.43 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.52   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8677 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.44 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.53   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8678 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.45 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.54   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8679 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.46 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
2.55   Certificate of Registered Series of a Limited Liability Company for Landa App LLC – 8683 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 2.47 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*

 

3.1   Series Operating Agreement of Landa App LLC - 115 Sardis Street Barnesville GA LLC, dated October 2, 2020, by and between Landa Holdings, Inc. and Landa App LLC - 115 Sardis Street Barnesville GA LLC (incorporated by reference to the copy thereof filed as Exhibit 3.1 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
3.2   Series Operating Agreement of Landa App LLC - 1394 Oakview Circle Forest Park GA LLC, dated October 2, 2020, by and between Landa Holdings, Inc. and Landa App LLC - 1394 Oakview Circle Forest Park GA LLC (incorporated by reference to the copy thereof filed as Exhibit 3.2 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
3.3   Series Operating Agreement of Landa App LLC- 1701 Summerwoods Lane Griffin GA LLC, dated October 2, 2020, by and between Landa Holdings, Inc. and Landa App LLC - 1701 Summerwoods Lane Griffin GA LLC (incorporated by reference to the copy thereof filed as Exhibit 3.3 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
3.4   Series Operating Agreement of Landa App LLC - 1741 Park Lane Griffin GA LLC, dated October 2, 2020, by and between Landa Holdings, Inc. and Landa App LLC - 1741 Park Lane Griffin GA LLC (incorporated by reference to the copy thereof filed as Exhibit 3.4 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
3.5   Series Operating Agreement of Landa App LLC - 209 Timber Wolf Trail Griffin GA LLC, dated October 2, 2020, by and between Landa Holdings, Inc. and Landa App LLC - 209 Timber Wolf Trail Griffin GA LLC (incorporated by reference to the copy thereof filed as Exhibit 3.5 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*

 

39

 

 

3.6   Series Operating Agreement of Landa App LLC - 2505 Oak Circle Ellenwood GA LLC, dated October 2, 2020, by and between Landa Holdings, Inc. and Landa App LLC - 2505 Oak Circle Ellenwood GA LLC (incorporated by reference to the copy thereof filed as Exhibit 3.6 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
3.7   Series Operating Agreement of Landa App LLC - 271 Timber Wolf Trail Griffin GA LLC, dated October 2, 2020, by and between Landa Holdings, Inc. and Landa App LLC - 271 Timber Wolf Trail Griffin GA LLC (incorporated by reference to the copy thereof filed as Exhibit 3.7 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
3.8   Series Operating Agreement of Landa App LLC - 29 Holly Grove Road Griffin GA LLC, dated October 2, 2020, by and between Landa Holdings, Inc. and Landa App LLC - 29 Holly Grove Road Griffin GA LLC (incorporated by reference to the copy thereof filed as Exhibit 3.8 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
3.9   Series Operating Agreement of Landa App LLC - 1703 Summerwoods Lane Griffin GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.9 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.10   Series Operating Agreement of Landa App LLC - 1712 Summerwoods Lane, Griffin, GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.10 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.11   Series Operating Agreement of Landa App LLC - 1743 Summerwoods Lane Griffin GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.11 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.12   Series Operating Agreement of Landa App LLC - 1750 Summerwoods Lane Griffin GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.12 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.13   Series Operating Agreement of Landa App LLC - 4267 High Park Lane East Point GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.13 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.14   Series Operating Agreement of Landa App LLC - 4474 Highwood Park Drive East Point GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.14 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.15   Series Operating Agreement of Landa App LLC – 4809/4811 Pinedale Drive Forest Park LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.15 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.16   Series Operating Agreement of Landa App LLC - 5051 Maple Drive Forest Park GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.16 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.17   Series Operating Agreement of Landa App LLC - 8569 Creekwood Way Jonesboro GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.17 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*

 

40

 

 

3.18   Series Operating Agreement of Landa App LLC - 9439 Lakeview Road Union City GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.18 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.19   Series Operating Agreement of Landa App LLC - 10167 Port Royal Court Jonesboro GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.19 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.20   Series Operating Agreement of Landa App LLC - 1246 Elgin Way Riverdale GA 30296 LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.20 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.21   Series Operating Agreement of Landa App LLC - 168 Brookview Drive Riverdale GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.21 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.22   Series Operating Agreement of Landa App LLC - 1910 Grove Way Hampton GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.14 to the Company’s Offering Statement on Form 1-A filed on December 20, 2021)*
     
3.23   Series Operating Agreement of Landa App LLC - 268 Brookview Drive Riverdale GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.23 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.24   Series Operating Agreement of Landa App LLC - 593 Country Lane Jonesboro, GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.24 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.25   Series Operating Agreement of Landa App LLC - 6436 Stone Terrace Morrow GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.25 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.26   Series Operating Agreement of Landa App LLC - 6440 Woodstone Terrace Morrow GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.28 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.27   Series Operating Agreement of Landa App LLC - 6848 Sandy Creek Drive Riverdale GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.29 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.28   Series Operating Agreement of Landa App LLC - 687 Utoy Court Jonesboro GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.30 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.29   Series Operating Agreement of Landa App LLC -  729 Winter Lane Jonesboro GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.31 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*

 

41

 

 

3.30   Series Operating Agreement of Landa App LLC - 7349 Exeter Court Riverdale GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.32 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.31   Series Operating Agreement of Landa App LLC - 773 Villa Way Jonesboro GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.33 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.32   Series Operating Agreement of Landa App LLC - 8645 Embrey Drive Jonesboro GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.34 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.33   Series Operating Agreement of Landa App LLC - 8780 Churchill Place Jonesboro GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.35 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
3.34   Series Operating Agreement of Landa App LLC - 8796 Parliament Place Jonesboro GA LLC, dated July 12, 2021 (incorporated by reference to the copy thereof filed as Exhibit 3.26 to the Company’s Offering Statement on Form 1-A filed on December 20, 2021)*
     
3.35   Series Operating Agreement for Landa App LLC – 8641 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.27 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.36   Series Operating Agreement for Landa App LLC – 8651 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.28 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.37   Series Operating Agreement for Landa App LLC – 8652 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.29 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.38   Series Operating Agreement for Landa App LLC – 8653 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.30 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.39   Series Operating Agreement for Landa App LLC – 8654 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.31 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.40   Series Operating Agreement for Landa App LLC – 8655 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.32 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.41   Series Operating Agreement for Landa App LLC – 8659 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.34 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.42   Series Operating Agreement for Landa App LLC – 8662 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.35 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.43   Series Operating Agreement for Landa App LLC – 8668 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.36 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.44   Series Operating Agreement for Landa App LLC – 8670 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.37 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.45   Series Operating Agreement for Landa App LLC – 8674 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.38 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.46   Series Operating Agreement for Landa App LLC – 8675 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.39 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*

 

42

 

 

3.47   Series Operating Agreement for Landa App LLC – 8677 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.40 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.48   Series Operating Agreement for Landa App LLC – 8678 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.41 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.49   Series Operating Agreement for Landa App LLC – 8679 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.42 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
3.50   Series Operating Agreement for Landa App LLC – 8683 Ashley Way Douglasville GA LLC, dated September 29, 2021 (incorporated by reference to the copy therof filed as Exhibit 3.43 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*

 

4.1   Form of Subscription Agreement for each Series (incorporated by reference to the copy thereof filed as Exhibit 4.9 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)

 

6.1   Form of Management Agreement for each Series (incorporated by reference to the copy thereof filed as Exhibit 6.30 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.2   Promissory Note, dated July 10, 2020 by and between Landa Holdings, Inc. and Landa Series 115 Sardis Street (incorporated by reference to the copy thereof filed as Exhibit 6.9 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*

 

6.3   Promissory Note, dated July 10, 2020 by and between Landa Holdings, Inc. and Landa Series 1394 Oakview Circle (incorporated by reference to the copy thereof filed as Exhibit 6.10 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
6.4   Promissory Note, dated July 10, 2020 by and between Landa Holdings, Inc. and Landa Series 1701 Summerwoods Lane (incorporated by reference to the copy thereof filed as Exhibit 6.11 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
6.5   Promissory Note, dated July 10, 2020 by and between Landa Holdings, Inc. and Landa Series 1741 Park Lane (incorporated by reference to the copy thereof filed as Exhibit 6.12 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
6.6   Promissory Note, dated July 10, 2020 by and between Landa Holdings, Inc. and Landa Series 209 Timber Wolf Trail (incorporated by reference to the copy thereof filed as Exhibit 6.13 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
6.7   Promissory Note, dated July 10, 2020 by and between Landa Holdings, Inc. and Landa Series 2505 Oak Circle (incorporated by reference to the copy thereof filed as Exhibit 6.14 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
6.8   Promissory Note, dated July 10, 2020 by and between Landa Holdings, Inc. and Landa Series 271 Timber Wolf Trail (incorporated by reference to the copy thereof filed as Exhibit 6.15 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
6.9   Promissory Note, dated July 10, 2020 by and between Landa Holdings, Inc. and Landa Series 29 Holly Grove Road (incorporated by reference to the copy thereof filed as Exhibit 6.16 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*

 

43

 

 

6.10   Landa App License Agreement, dated October 2, 2020, by and between Landa Holdings, Inc. and each of the series listed thereto (incorporated by reference to the copy thereof filed as Exhibit 6.25 to the Company’s Offering Statement on Form 1-A filed on December 2, 2020)*
     
6.11   Broker Dealer Services Agreement, dated May 3, 2021, by and between Dalmore Group, LLC and Landa App LLC (incorporated by reference to the copy thereof filed as Exhibit 6.26 to the Offering Statement on Form 1-A filed on May 7, 2021)*
     
6.12   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 1703 Summerwoods Lane (incorporated by reference to the copy thereof filed as Exhibit 6.31 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.13   Promissory Note, dated July 12, 2021 by and between Landa Holdings, Inc. and Landa Series 1712 Summerwoods Lane (incorporated by reference to the copy thereof filed as Exhibit 6.32 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.14   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 1743 Summerwoods Lane (incorporated by reference to the copy thereof filed as Exhibit 6.33 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.15   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 1750 Summerwoods Lane (incorporated by reference to the copy thereof filed as Exhibit 6.34 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.16   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 4267 High Park Lane (incorporated by reference to the copy thereof filed as Exhibit 6.35 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.17   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 4474 Highwood Park Drive (incorporated by reference to the copy thereof filed as Exhibit 6.36 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*

 

6.18   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 8569 Creekwood Way (incorporated by reference to the copy thereof filed as Exhibit 6.39 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.19   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 9439 Lakeview Road (incorporated by reference to the copy thereof filed as Exhibit 6.40 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.20   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 10167 Port Royal Court (incorporated by reference to the copy thereof filed as Exhibit 6.41 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.21   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 1246 Elgin Way (incorporated by reference to the copy thereof filed as Exhibit 6.42 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.22   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 1910 Grove Way (incorporated by reference to the copy thereof filed as Exhibit 6.44 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.23   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 593 Country Lane (incorporated by reference to the copy thereof filed as Exhibit 6.46 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.24   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 6436 Stone Terrace (incorporated by reference to the copy thereof filed as Exhibit 6.47 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.25   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 6440 Woodstone Terrace (incorporated by reference to the copy thereof filed as Exhibit 6.48 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*

 

44

 

 

6.26   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 6848 Sandy Creek Drive (incorporated by reference to the copy thereof filed as Exhibit 6.49 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.27   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 687 Utoy Court (incorporated by reference to the copy thereof filed as Exhibit 6.50 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.28   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 729 Winter Lane (incorporated by reference to the copy thereof filed as Exhibit 6.51 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.29   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 7349 Exeter Court (incorporated by reference to the copy thereof filed as Exhibit 6.52 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.30   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 8645 Embrey Drive (incorporated by reference to the copy thereof filed as Exhibit 6.54 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.31   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 8780 Churchill Place (incorporated by reference to the copy thereof filed as Exhibit 6.55 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.32   Promissory Note, dated July 12, 2021, by and between Landa Holdings, Inc. and Landa Series 8796 Parliament Place (incorporated by reference to the copy thereof filed as Exhibit 6.56 to the Company’s Offering Statement on Form 1-A filed on July 15, 2021)*
     
6.33   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8641 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.30 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.34   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8651 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.31 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.35   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8652 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.32 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.36   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8653 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.33 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.37   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8654 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.34 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*

45

 

 

6.38   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8655 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.35 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.39   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8659 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.37 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.40   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8662 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.38 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.41   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8668 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.39 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.42   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8670 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.40 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.43   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8674 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.41 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.44   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8675 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.42 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.45   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8677 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.43 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.46   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8678 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.44 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.47   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8679 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.45 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.48   Promissory Note, dated October 1, 2021, by and between Landa Holdings, Inc. and Landa Series 8683 Ashley Way (incorporated by reference to the copy thereof filed as Exhibit 6.46 to the Company’s Offering Statement on Form 1-A filed on October 7, 2021)*
     
6.49   Lease Agreement for 8796 Parliament Place Jonesboro GA LLC**

 

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6.50   Lease Agreement for 1394 Oakview Circle Forest Park GA LLC**
     
6.51   Lease Agreement for 1701 Summerwoods Lane Griffin GA LLC**
     
6.52   Lease Agreement for 1741 Park Lane Griffin GA LLC**
     
6.53   Lease Agreement for 115 Sardis Street Barnesville GA LLC**
     
6.54   Lease Agreement for 2505 Oak Circle Ellenwood GA LLC**
     
6.55   Lease Agreement for 271 Timber Wolf Trail Griffin GA LLC**
     
6.56   Lease Agreement for 29 Holly Grove Road Griffin GA LLC **
     
6.57   Lease Agreement for 1703 Summerwoods Lane Griffin GA LLC**
     
6.58   Lease Agreement for 1712 Summerwoods Lane Griffin GA LLC**
     
6.59   Lease Agreement for 1743 Summerwoods Lane Griffin GA LLC**
     
6.60   Lease Agreement for 1750 Summerwoods Lane Griffin GA LLC**
     
6.61   Lease Agreement for 4267 High Park Lane East Point GA LLC**
     
6.62   Lease Agreement for 4474 Highwood Park Drive East Point GA LLC**
     
6.63   Lease Agreement for 8569 Creekwood Way Jonesboro GA LLC**
     
6.64   Lease Agreement for 9439 Lakeview Road Union City GA LLC**
     
6.65   Lease Agreement for 10167 Port Royal Court Jonesboro GA LLC**
     
6.66   Lease Agreement for 1246 Elgin Way Riverdale GA LLC**
     
6.67   Lease Agreement for 1910 Grove Way Hampton GA LLC**
     
6.68   Lease Agreement for 593 Country Lane Jonesboro GA LLC**
     
6.69   Lease Agreement for 6436 Stone Terrace Morrow GA LLC**
     
6.70   Lease Agreement for 6440 Woodstone Terrace Morrow GA LLC**
     
6.71   Lease Agreement for 6848 Sandy Creek Drive Riverdale GA LLC**
     
6.72   Lease Agreement for 687 Utoy Court Jonesboro GA LLC**
     
6.73   Lease Agreement for 729 Winter Lane Jonesboro GA LLC**
     
6.74   Lease Agreement for 7349 Exeter Court Riverdale GA LLC**
     
6.75   Lease Agreement for 8645 Embrey Drive Jonesboro GA LLC**

 

47

 

 

6.76   Lease Agreement for 8780 Churchill Place Jonesboro GA LLC**
     
6.77   Lease Agreement for 8641 Ashley Way Douglasville GA LLC**
     
6.78   Lease Agreement for 8651 Ashley Way Douglasville GA LLC**
     
6.79   Lease Agreement for 8652 Ashley Way Douglasville GA LLC**
     
6.80   Lease Agreement for 8653 Ashley Way Douglasville GA LLC**
     
6.81   Lease Agreement for 8654 Ashley Way Douglasville GA LLC**
     
6.82   Lease Agreement for 8655 Ashley Way Douglasville GA LLC**
     
6.83   Lease Agreement for 8659 Ashley Way Douglasville GA LLC**
     
6.84   Lease Agreement for 8662 Ashley Way Douglasville GA LLC**
     
6.85   Lease Agreement for 8668 Ashley Way Douglasville GA LLC**
     
6.86   Lease Agreement for 8670 Ashley Way Douglasville GA LLC**
     
6.87   Lease Agreement for 8674 Ashley Way Douglasville GA LLC**
     
6.88   Lease Agreement for 8675 Ashley Way Douglasville GA LLC**
     
6.89   Lease Agreement for 8677 Ashley Way Douglasville GA LLC**
     
6.90   Lease Agreement for 8678 Ashley Way Douglasville GA LLC**
     
6.91   Lease Agreement for 8679 Ashley Way Douglasville GA LLC**
     
6.92   Lease Agreement for 8683 Ashley Way Douglasville GA LLC**
     
6.93   Form of Refinance Promissory Note by and between Landa Holdings, Inc. and a Series**
     
6.94 PPEX ATS Company Agreement, dated June 29, 2021, by and among North Capital Private Securities Corporation, Landa App LLC, and each Series (incorporated by reference to the copy thereof filed as Exhibit 6.1 to the Company’s Form 1-U dated June 29, 2021)*
     
6.95   Form of Commercial Promissory Note by and between LendingOne, LLC and each Series (incorporated by reference to the copy thereof filed as Exhibit 6.1 to the Company’s Form 1-U filed on January 27, 2022)*

 

*Previously Filed

 

**Filed Herewith

 

48

 

 

SIGNATURES

 

Pursuant to the requirements of Regulation A, the issuer has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of New York, State of New York, on May 9, 2023.

 

  LANDA APP LLC
   
  Signed by Landa Holdings, Inc.,
as Manager of LANDA APP LLC

 

  By: /s/ Yishai Cohen
    Name:  Yishai Cohen
    Title: Chairman, Chief Executive Officer and President

 

Pursuant to the requirements of Regulation A, this report has been signed by the following persons on behalf of the issuer and in the capacities and on the dates indicated.

 

Signature   Title   Date
         
/s/ Yishai Cohen   Chairman, Chief Executive Officer and   May 9, 2023
Yishai Cohen  

President of Landa Holdings, Inc.

(Principal Executive Officer)

    
         
/s/ Charles Tomlinson   Head of Finance of Landa Holdings, Inc.   May 9, 2023
Charles Tomlinson   (Principal Financial Officer and
Principal Accounting Officer) 		    
         
LANDA HOLDINGS, INC.        
         
/s/ Yishai Cohen   Manager   May 9, 2023
Yishai Cohen        
Chief Executive Officer and President        

 

 

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 EX1K-6 MAT CTRCT 3 ea177885ex6-49_landaapp.htm LEASE AGREEMENT FOR 8796 PARLIAMENT PLACE JONESBORO GA LLC

Exhibit 6.49

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of September, 2022 by and between the Lessor: LANDA APP LLC - 8796 Parliament Place Jonesboro GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***], [***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,350 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

 

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Term Of Lease

 

This Lease shall commence 1st day of September, 2022 to 31st day of August, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

 

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Governing Law 

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,350, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $135 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,350, which amount shall be paid at the execution of this Lease.

 

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

No Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

 

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Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8796 Parliament Place, Jonesboro, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8796 Parliament Place Jonesboro GA LLC

Yishai Cohen

August 31, 2022

 

Tenant:

[***]

August 17, 2022

 

Agent:

Marlena Harte

August 31, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.
  
c.Failure to properly notify the landlord of the presence of bedbugs.
  
d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.
  
e.Refusal to allow the Landlord to inspect the premises.
  
f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.
  
g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8796 Parliament Place Jonesboro GA LLC

Yishai Cohen

August 31, 2022

 

Tenant:

[***]

August 17, 2022

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 4 ea177885ex6-50_landaapp.htm LEASE AGREEMENT FOR 1394 OAKVIEW CIRCLE FOREST PARK GA LLC

Exhibit 6.50

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of January, 2022 by and between the Lessor: Landa App LLC - 1394 Oakview Circle Forest Park GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                 . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                    

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “Protect Your Family from Lead in Your Home.”

 

Term Of Lease

 

This Lease shall commence 1st day of January, 2022 to 31st day of December, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

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No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

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Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $813.75, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $15th day of the month, Tenant will pay a late charge of $81.38 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $367.50, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and

 

Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

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Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

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Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 1394 Oakview Circle, #0, Forest Park, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

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Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

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(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

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Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 1394 Oakview Circle Forest Park GA LLC

Yishai Cohen

December 31, 2021

 

Tenant:

                    

January 1, 2022

 Agent:

Marlena Harte

December 31, 2021

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a.Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b.Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c.Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d.Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e.Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 1394 Oakview Circle Forest Park GA LLC

Yishai Cohen

December 31, 2021

 

Tenant:

                    

January 1, 2022

 

Agent:

Marlena Harte

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Tenant acknowledges that Tenant has received copies of all information listed above. Tenant has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the Landord of the Landord’s obligations under 42 U.S. Code 4852(d) and is aware of his/her responsibility to ensure compliance.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 1394 Oakview Circle Forest Park GA LLC

Yishai Cohen

December 31, 2021

 

Tenant:

                    

January 1, 2022

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 5 ea177885ex6-51_landaapp.htm LEASE AGREEMENT FOR 1701 SUMMERWOODS LANE GRIFFIN GA LLC

Exhibit 6.51

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on________________by and between the Lessor: 1701 Summerwoods Lane Griffin GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):              . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                       

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit. Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of September, 2022 to 31st day of August, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,047.38, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $104.74 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,047.38, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 1701 Summerwoods Lane, #0, Griffin, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

1701 Summerwoods Lane Griffin GA LLC

 

Tenant:

                    

June 16, 2022

 

Agent:

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

1701 Summerwoods Lane Griffin GA LLC

 

Tenant:

                    

June 16, 2022

 

Agent:

 

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 EX1K-6 MAT CTRCT 6 ea177885ex6-52_landaapp.htm LEASE AGREEMENT FOR 1741 PARK LANE GRIFFIN GA LLC

Exhibit 6.52

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of January, 2022 by and between the Lessor: LANDA APP LLC - 1741 Park Lane Griffin GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                        . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                            

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of January, 2022 to 31st day of December, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $761.25, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $76.12 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $761.25, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

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(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

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Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 1741 Park Lane, Griffin, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 1741 Park Lane Griffin GA LLC

Yishai Cohen

December 31, 2021

 

Tenant:

                       

December 10, 2021

Agent:

Marlena Harte

December 31, 2021

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 1741 Park Lane Griffin GA LLC

Yishai Cohen

December 31, 2021

 

Tenant:

                         

December 10, 2021

Agent:

Marlena Harte

 

 

 

 

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 EX1K-6 MAT CTRCT 7 ea177885ex6-53_landaapp.htm LEASE AGREEMENT FOR 115 SARDIS STREET BARNESVILLE GA LLC

Exhibit 6.53

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of March, 2022 by and between the Lessor: Landa App LLC - 115 Sardis Street Barnesville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “Protect Your Family from Lead in Your Home.”

 

Term Of Lease

 

This Lease shall commence 1st day of March, 2022 to 28th day of February, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

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No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

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Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $850.50, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $85.05 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $850.50, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

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Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

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Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 115 Sardis Street, #0, Barnesville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 115 Sardis Street Barnesville GA LLC

Yishai Cohen

February 28, 2022

 

Tenant:

[***]

January 3, 2022

 

Agent:

Marlena Harte

February 28, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

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d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 115 Sardis Street Barnesville GA LLC

Yishai Cohen

February 28, 2022

 

Tenant:

[***]

January 3, 2022

 

Agent:

Marlena Harte

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Tenant acknowledges that Tenant has received copies of all information listed above. Tenant has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the Landord of the Landord’s obligations under 42 U.S. Code 4852(d) and is aware of his/her responsibility to ensure compliance.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 115 Sardis Street Barnesville GA LLC

Yishai Cohen

February 28, 2022

 

Tenant:

[***]

January 3, 2022

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 8 ea177885ex6-54_landaapp.htm LEASE AGREEMENT FOR 2505 OAK CIRCLE ELLENWOOD GA LLC

Exhibit 6.54

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of October, 2022 by and between the Lessor: Landa App LLC - 2505 OAK CIRCLE ELLENWOOD GEORGIA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***], [***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,250 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “Protect Your Family from Lead in Your Home.”

 

Term Of Lease

 

This Lease shall commence 1st day of October, 2022 to 30th day of September, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,312.50, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $131.25 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,312.50, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

No Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.

 

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Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 2505 Oak Circle, Ellenwood, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

  

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 2505 OAK CIRCLE ELLENWOOD GEORGIA LLC

Yishai Cohen

September 30, 2022

 

Tenant:

[***]

August 26, 2022

 

Agent:

Marlena Harte

September 30, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 2505 OAK CIRCLE ELLENWOOD GEORGIA LLC

Yishai Cohen

 

September 30, 2022

 

Tenant:

[***]

August 26, 2022

 

Agent:

Marlena Harte

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Lessee’s acknowledge that lessee has received copies of all information listed above. lessee has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the lessor of the lessor’s obligations under 42 u.s.c. 4852(d) and is aware of his/her responsibility to ensure compliance.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 2505 OAK CIRCLE ELLENWOOD GEORGIA LLC

Yishai Cohen

 

September 30, 2022

 

Tenant:

[***]

August 26, 2022

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 9 ea177885ex6-55_landaapp.htm LEASE AGREEMENT FOR 271 TIMBER WOLF TRAIL GRIFFIN GA LLC

Exhibit 6.55 

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of October, 2021 by and between the Lessor: Landa App LLC - 271 Timber Wolf Trail Griffin GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                      . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                       

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

Term Of Lease

 

This Lease shall commence 1st day of October, 2021 to 30th day of September, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

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Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

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Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $997.50, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before the first day of the month, Tenant will pay a late charge of $99.75 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $997.50, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

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No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 271 Timber Wolf Trail, #0, Griffin, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

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Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord: 

Landa App LLC - 271 Timber Wolf Trail Griffin GA LLC

Yishai Cohen

September 30, 2021

 

Tenant:

                       

October 1, 2021

 

Agent:

 

Marlena Harte

September 30, 2021

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a.Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b.Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c.Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d.Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e.Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 271 Timber Wolf Trail Griffin GA LLC

Yishai Cohen 

 

September 30, 2021

Tenant:

 

October 1, 2021

                             

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 10 ea177885ex6-56_landaapp.htm LEASE AGREEMENT FOR 29 HOLLY GROVE ROAD GRIFFIN GA LLC

Exhibit 6.56

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of May, 2022 by and between the Lessor: Landa App LLC - 29 Holly Grove Road Griffin GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

 

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Term Of Lease

 

This Lease shall commence 1st day of May, 2022 to 30th day of April, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $745.50, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $74.55 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $745.50, which amount shall be paid at the execution of this Lease.

 

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 29 Holly Grove Road, #0, Griffin, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 29 Holly Grove Road Griffin GA LLC

Yishai Cohen

April 30, 2022

 

Tenant:

               

January 30, 2022

 

Agent:

Marlena Harte

April 30, 2022

 

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 29 Holly Grove Road Griffin GA LLC

Yishai Cohen

April 30, 2022

 

Tenant:

               

January 30, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 11 ea177885ex6-57_landaapp.htm LEASE AGREEMENT FOR 1703 SUMMERWOODS LANE GRIFFIN GA LLC

Exhibit 6.57

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of February, 2022 by and between the Lessor: Landa App LLC - 1703 Summerwoods Lane Griffin GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                                  . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                                             

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of February, 2022 to 31st day of January, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $997.50, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $99.75 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $997.50, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 1703 Summerwoods Lane, #0, Griffin, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 1703 Summerwoods Lane Griffin GA LLC

Yishai Cohen

January 31, 2022

 

Tenant:

                               

January 5, 2022

 

Agent:

Marlena Harte

January 31, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 1703 Summerwoods Lane Griffin GA LLC

Yishai Cohen

January 31, 2022

 

Tenant:

                             

January 5, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 12 ea177885ex6-58_landaapp.htm LEASE AGREEMENT FOR 1712 SUMMERWOODS LANE GRIFFIN GA LLC

Exhibit 6.58

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 31st day of December, 2021 by and between the Lessor: Landa Properties LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 1712 Summerwoods Lane, Griffin, GA, USA

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***], [***]

 

Term Of Lease

 

This Lease shall commence 31st day of December, 2021 to 31st day of December, 2022, unless renewed or extended pursuant to the terms herein.

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of this Lease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

 

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Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $918.75, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before the first day of the month, Tenant will pay a late charge of $91.88 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $29.64, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

 

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(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

 

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Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

 

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(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

 

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Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

 

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No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa Properties LLC

Yishai Cohen

 

Tenant:

[***]

July 1, 2021

 

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa Properties LLC

Yishai Cohen

 

Tenant:

[***]

July 1, 2021

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 13 ea177885ex6-59_landaapp.htm LEASE AGREEMENT FOR 1743 SUMMERWOODS LANE GRIFFIN GA LLC

Exhibit 6.59

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of June, 2022 by and between the Lessor: LANDA APP LLC - 1743 Summerwoods Lane Griffin GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,200 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of June, 2022 to 31st day of May, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,200, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $120 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,200, which amount shall be paid at the execution of this Lease.

 

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling.

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 1743 Summerwoods Lane, Griffin, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[   ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

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7

 

 

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

 

Landlord:

LANDA APP LLC - 1743 Summerwoods Lane Griffin GA LLC

Yishai Cohen

May 31, 2022

 

Tenant:

[***]

May 25, 2022

 

Agent:

Marlena Harte

May 31, 2022

 

 

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 EX1K-6 MAT CTRCT 14 ea177885ex6-60_landaapp.htm LEASE AGREEMENT FOR 1750 SUMMERWOODS LANE GRIFFIN GA LLC

Exhibit 6.60

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of June, 2022 by and between the Lessor: 1750 Summerwoods Lane Griffin GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                         . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                                           

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of June, 2022 to 31st day of May, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,170, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $117 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,170, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 1750 Summerwoods Lane, #0, Griffin, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

1750 Summerwoods Lane Griffin GA LLC

Yishai Cohen

May 31, 2022

 

Tenant:

                                

May 25, 2022

 

Agent:

Marlena Harte

May 31, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

1750 Summerwoods Lane Griffin GA LLC

Yishai Cohen

May 31, 2022

 

Tenant:

                                 

May 25, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 15 ea177885ex6-61_landaapp.htm LEASE AGREEMENT FOR 4267 HIGH PARK LANE EAST POINT GA LLC

Exhibit 6.61

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on by_____________ and between the Lessor: LANDA APP LLC - 4267 High Park Lane East Point GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

 

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Term Of Lease

 

This Lease shall commence 5th day of November, 2022 to 31st day of October, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,150, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $115 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $996.67, which amount shall be paid at the execution of this Lease.

 

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 4267 High Park Lane, East Point, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 4267 High Park Lane East Point GA LLC

 

Tenant:

[***]

November 2, 2022

 

Agent:

 

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 4267 High Park Lane East Point GA LLC

 

Tenant:

[***]

November 2, 2022

Agent:

 

 

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 EX1K-6 MAT CTRCT 16 ea177885ex6-62_landaapp.htm LEASE AGREEMENT FOR 4474 HIGHWOOD PARK DRIVE EAST POINT GA LLC

Exhibit 6.62

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of April, 2022 by and between the Lessor: LANDA APP LLC - 4474 Highwood Park Drive East Point GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                    . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                          

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,000 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of April, 2022 to 31st day of March, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,200, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $120 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,200, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

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Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling.

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

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Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 4474 Highwood Park Drive, East Point, GA, USA.

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

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(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

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Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 4474 Highwood Park Drive East Point GA LLC

Yishai Cohen

 

March 31, 2022

 

Tenant:

                        

January 8, 2022

 

Agent:

Marlena Harte

March 31, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 4474 Highwood Park Drive East Point GA LLC

Yishai Cohen

 

March 31, 2022

 

Tenant:

                      

January 8, 2022

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 17 ea177885ex6-63_landaapp.htm LEASE AGREEMENT FOR 8569 CREEKWOOD WAY JONESBORO GA LLCLEASE AGREEMENT FOR 8569 CREEKWOOD WAY JONESBORO GA LLC

Exhibit 6.63

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of December, 2021 by and between the Lessor: Landa App LLC - 8569 Creekwood Way Jonesboro GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $500 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet "Protect Your Family from Lead in Your Home."

 

Term Of Lease

 

This Lease shall commence 1st day of December, 2021 to 30th day of November, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord's Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $834.75, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $83.48 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $834.75, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling.

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

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Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital ("electronic") signatures, often referred to as an "e-signature", enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient's change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8569 Creekwood Way, #0, Jonesboro, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days' written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

  

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8569 Creekwood Way Jonesboro GA LLC

Yishai Cohen

 

November 30, 2021

 

Tenant:

[***]

December 1, 2021

 

Agent:

Marlena Harte

 

November 30, 2021

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor's premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys' fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8569 Creekwood Way Jonesboro GA LLC

Yishai Cohen

 

November 30, 2021

 

Tenant:

[***]

December 1, 2021

 

Agent:

Marlena Harte

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Tenant acknowledges that Tenant has received copies of all information listed above. Tenant has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the Landord of the Landord's obligations under 42 U.S. Code 4852(d) and is aware of his/her responsibility to ensure compliance.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8569 Creekwood Way Jonesboro GA LLC

Yishai Cohen

 

November 30, 2021

 

Tenant:

[***]

December 1, 2021

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 18 ea177885ex6-64_landaapp.htm LEASE AGREEMENT FOR 9439 LAKEVIEW ROAD UNION CITY GA LLC

Exhibit 6.64

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of August, 2022 by and between the Lessor: LANDA APP LLC - 9439 Lakeview Road Union City GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***], [***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,050 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit. Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

Term Of Lease

 

This Lease shall commence 1st day of August, 2022 to 31st day of July, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

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Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

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Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,400, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $140 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,400, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

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No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

No Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 9439 Lakeview Road, Union City, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

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Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 9439 Lakeview Road Union City GA LLC

Yishai Cohen

July 31, 2022

 

Tenant:

[***]

August 18, 2022

 

Agent:

Marlena Harte

July 31, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 9439 Lakeview Road Union City GA LLC

Yishai Cohen

July 31, 2022

 

Tenant:

[***]

August 18, 2022

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 19 ea177885ex6-65_landaapp.htm LEASE AGREEMENT FOR 10167 PORT ROYAL COURT JONESBORO GA LLC

Exhibit 6.65

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of October, 2022 by and between the Lessor: LANDA APP LLC - 10167 Port Royal Court Jonesboro GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***], [***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $915 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “Protect Your Family from Lead in Your Home.”

 

Term Of Lease

 

This Lease shall commence 1st day of October, 2022 to 30th day of September, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

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No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

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Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,102.50, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $110.25 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,102.50, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

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No Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

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Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 10167 Port Royal Court, Jonesboro, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

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Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

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Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 10167 Port Royal Court Jonesboro GA LLC

Yishai Cohen

September 30, 2022

 

Tenant:

[***]

August 1, 2022

 

Agent:

Marlena Harte

September 30, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

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c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 10167 Port Royal Court Jonesboro GA LLC

Yishai Cohen

September 30, 2022

 

Tenant:

[***]

August 1, 2022

 

Agent:

Marlena Harte

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Lessee’s acknowledge that lessee has received copies of all information listed above. lessee has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the lessor of the lessor’s obligations under 42 u.s.c. 4852(d) and is aware of his/her responsibility to ensure compliance.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 10167 Port Royal Court Jonesboro GA LLC

Yishai Cohen

September 30, 2022

 

Tenant:

[***]

August 1, 2022

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 20 ea177885ex6-66_landaapp.htm LEASE AGREEMENT FOR 1246 ELGIN WAY RIVERDALE GA LLC

Exhibit 6.66

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of March, 2022 by and between the Lessor: Landa App LLC - 1246 Elgin Way Riverdale GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                        . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                               

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,150 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “Protect Your Family from Lead in Your Home.”

 

Term Of Lease

 

This Lease shall commence 1st day of March, 2022 to 28th day of February, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

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No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

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Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,207.50, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $120.75 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,207.50, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

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Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 1246 Elgin Way, #0, Riverdale, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

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(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

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Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 1246 Elgin Way Riverdale GA LLC

Yishai Cohen

February 28, 2022

 

Tenant:

                            

February 3, 2022

 

Agent:

Marlena Harte

February 28, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 1246 Elgin Way Riverdale GA LLC

Yishai Cohen

February 28, 2022

 

Tenant:

                     

February 3, 2022

 

Agent:

Marlena Harte

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Tenant acknowledges that Tenant has received copies of all information listed above. Tenant has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the Landord of the Landord’s obligations under 42 U.S. Code 4852(d) and is aware of his/her responsibility to ensure compliance.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 1246 Elgin Way Riverdale GA LLC

Yishai Cohen

February 28, 2022

 

Tenant:

                       

February 3, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 21 ea177885ex6-67_landaapp.htm LEASE AGREEMENT FOR 1910 GROVE WAY HAMPTON GA LLC

Exhibit 6.67

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 18th day of July, 2022 by and between the Lessor: LANDA APP LLC - 1910 Grove Way Hampton GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,522.50 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 18th day of July, 2022 to 17th day of July, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,522.50, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $152.25 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $687.58, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 1910 Grove Way, Hampton, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 1910 Grove Way Hampton GA LLC

Yishai Cohen

June 30, 2022

 

Tenant:

[***]

July 15, 2022

 

Agent:

Marlena Harte

June 30, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 1910 Grove Way Hampton GA LLC

Yishai Cohen

June 30, 2022

 

Tenant:

[***]

July 15, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 22 ea177885ex6-68_landaapp.htm LEASE AGREEMENT FOR 593 COUNTRY LANE JONESBORO GA LLC

Exhibit 6.68

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of July, 2022 by and between the Lessor: 593 Country Lane Drive Jonesboro GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $971.25 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “Protect Your Family from Lead in Your Home.”

 

Term Of Lease

 

This Lease shall commence 1st day of July, 2022 to 30th day of June, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

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No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

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Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,019.81, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $101.98 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,019.81, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

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Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 593 Country Lane Drive, #0, Jonesboro, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

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(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

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Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

593 Country Lane Drive Jonesboro GA LLC

Yishai Cohen

June 30, 2022

 

Tenant:

[***]

June 30, 2022

 

Agent:

Marlena Harte

June 30, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8.  Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9.  Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

593 Country Lane Drive Jonesboro GA LLC

Yishai Cohen

June 30, 2022

 

Tenant:

[***]

June 30, 2022

 

Agent:

Marlena Harte

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Tenant acknowledges that Tenant has received copies of all information listed above. Tenant has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the Landord of the Landord’s obligations under 42 U.S. Code 4852(d) and is aware of his/her responsibility to ensure compliance.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

593 Country Lane Drive Jonesboro GA LLC

Yishai Cohen

June 30, 2022

 

Tenant:

[***]

June 30, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 23 ea177885ex6-69_landaapp.htm LEASE AGREEMENT FOR 6436 STONE TERRACE MORROW GA LLC

Exhibit 6.69

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of July, 2022 by and between the Lessor: 6436 Stone Terrace Morrow GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                 . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,000 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

 

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Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “Protect Your Family from Lead in Your Home.”

 

Term Of Lease

 

This Lease shall commence 1st day of July, 2022 to 30th day of June, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

 

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No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

 

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Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,050, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $105 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,050, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling.

 

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

 

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Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 6436 Stone Terrace, #0, Morrow, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

6436 Stone Terrace Morrow GA LLC

Yishai Cohen

June 30, 2022

 

Tenant:

                  

May 19, 2022

 

Agent:

Marlena Harte

June 30, 2022

 

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

6436 Stone Terrace Morrow GA LLC

Yishai Cohen

June 30, 2022

 

Tenant:

                    

May 19, 2022

 

Agent:

Marlena Harte

 

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Tenant acknowledges that Tenant has received copies of all information listed above. Tenant has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the Landord of the Landord’s obligations under 42 U.S. Code 4852(d) and is aware of his/her responsibility to ensure compliance.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

6436 Stone Terrace Morrow GA LLC

Yishai Cohen

June 30, 2022

 

Tenant:

                 

May 19, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 24 ea177885ex6-70_landaapp.htm LEASE AGREEMENT FOR 6440 WOODSTONE TERRACE MORROW GA LLC

Exhibit 6.70

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of December, 2021 by and between the Lessor: Landa App LLC - 6440 Woodstone Terrace Morrow GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                           . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                          

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,700 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “Protect Your Family from Lead in Your Home.”

 

Term Of Lease

 

This Lease shall commence 1st day of December, 2021 to 30th day of November, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

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No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

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Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,100, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $110 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,100, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

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Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 6440 Woodstone Terrace, #0, Morrow, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

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(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

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Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 6440 Woodstone Terrace Morrow GA LLC

Yishai Cohen

November 30, 2021

 

Tenant:

                        

November 1, 2021

 

Agent:

Marlena Harte

November 30, 2021

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 6440 Woodstone Terrace Morrow GA LLC

Yishai Cohen

November 30, 2021

 

Tenant:

                      

November 1, 2021

 

Agent:

Marlena Harte

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Tenant acknowledges that Tenant has received copies of all information listed above. Tenant has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the Landord of the Landord’s obligations under 42 U.S. Code 4852(d) and is aware of his/her responsibility to ensure compliance.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 6440 Woodstone Terrace Morrow GA LLC

Yishai Cohen

November 30, 2021

 

Tenant:

                        

November 1, 2021

 

Agent:

Marlena Harte

 

 

 

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 EX1K-6 MAT CTRCT 25 ea177885ex6-71_landaapp.htm LEASE AGREEMENT FOR 6848 SANDY CREEK DRIVE RIVERDALE GA LLC

Exhibit 6.71

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of April, 2022 by and between the Lessor: Landa Properties LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 6848 Sandy Creek Drive, Riverdale, GA, USA

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***]

 

Term Of Lease

 

This Lease shall commence 1st day of April, 2022 to 31st day of March, 2023, unless renewed or extended pursuant to the terms herein.

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $975 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

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Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,350, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $135 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,350, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

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(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

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Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

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(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

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Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

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Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

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Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “Protect Your Family from Lead in Your Home.”

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa Properties LLC

Yishai Cohen

March 31, 2022

 

Tenant:

[***]

March 12, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa Properties LLC

Yishai Cohen

 

March 31, 2022

 

Tenant:

[***]

March 12, 2022

 

Agent:

Marlena Harte

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Tenant acknowledges that Tenant has received copies of all information listed above. Tenant has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the Landord of the Landord’s obligations under 42 U.S. Code 4852(d) and is aware of his/her responsibility to ensure compliance.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa Properties LLC

Yishai Cohen

 

March 31, 2022

 

Tenant:

[***]

March 12, 2022

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 26 ea177885ex6-72_landaapp.htm LEASE AGREEMENT FOR 687 UTOY COURT JONESBORO GA LLC

Exhibit 6.72

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of March, 2022 by and between the Lessor: Landa App LLC - 687 Utoy Court Jonesboro GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                         . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                                 

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,157 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant. 

 

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Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet "Protect Your Family from Lead in Your Home."

 

Term Of Lease

 

This Lease shall commence 1st day of March, 2022 to 1st day of March, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

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No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord's Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

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Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $975, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $97.50 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $975, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

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Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital ("electronic") signatures, often referred to as an "e-signature", enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient's change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 687 Utoy Court, #0, Jonesboro, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

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(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days' written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 687 Utoy Court Jonesboro GA LLC

Yishai Cohen

February 28, 2022

 

Tenant:

                      

March 1, 2022

 

Agent:

Marlena Harte

February 28, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor's premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys' fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 687 Utoy Court Jonesboro GA LLC

Yishai Cohen

February 28, 2022

 

Tenant:

                            

March 1, 2022

 

Agent:

Marlena Harte

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Tenant acknowledges that Tenant has received copies of all information listed above. Tenant has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the Landord of the Landord's obligations under 42 U.S. Code 4852(d) and is aware of his/her responsibility to ensure compliance.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 687 Utoy Court Jonesboro GA LLC

Yishai Cohen

February 28, 2022

 

Tenant:

                           

March 1, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 27 ea177885ex6-73_landaapp.htm LEASE AGREEMENT FOR 729 WINTER LANE JONESBORO GA LLC

Exhibit 6.73

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of May, 2021 by and between the Lessor: Landa App LLC - 729 Winter Lane Jonesboro GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                       . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                      

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,462.50 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Lead-based Paint Disclosure

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. lessees must also receive a federally approved pamphlet on lead poisoning prevention.

 

Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “Protect Your Family from Lead in Your Home.”

 

Term Of Lease

 

This Lease shall commence 1st day of May, 2021 to 30th day of April, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

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No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

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Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,060, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $106 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,060, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

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Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 729 Winter Lane, #0, Jonesboro, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

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(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

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Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 729 Winter Lane Jonesboro GA LLC

Yishai Cohen

April 30, 2021

 

Tenant:

                      

June 9, 2021

 

Agent:

Marlena Harte

April 30, 2021

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs. Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 729 Winter Lane Jonesboro GA LLC

Yishai Cohen

April 30, 2021

 

Tenant:

                      

June 9, 2021

 

Agent:

Marlena Harte

 

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Disclosure regarding

lead-based paint and/or lead-based paint hazards lead

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Tenant acknowledges that Tenant has received copies of all information listed above. Tenant has received the pamphlet “Protect Your Family from Lead in Your Home”. Agent has informed the Landord of the Landord’s obligations under 42 U.S. Code 4852(d) and is aware of his/her responsibility to ensure compliance.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 729 Winter Lane Jonesboro GA LLC

Yishai Cohen

April 30, 2021

 

Tenant:

                      

June 9, 2021

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 28 ea177885ex6-74_landaapp.htm LEASE AGREEMENT FOR 7349 EXETER COURT RIVERDALE GA LLC

Exhibit 6.74

 

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of May, 2022 by and between the Lessor: Landa App LLC - 7349 Exeter Court Riverdale GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                  . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                             

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,000 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

 

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Term Of Lease

 

This Lease shall commence 1st day of May, 2022 to 30th day of April, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,150, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $115 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,150, which amount shall be paid at the execution of this Lease.

 

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 7349 Exeter Court, #0, Riverdale, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

 

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Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 7349 Exeter Court Riverdale GA LLC

Yishai Cohen

April 30, 2022

 

Tenant:

                   

May 12, 2022

 

Agent:

Marlena Harte

April 30, 2022

 

 

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 EX1K-6 MAT CTRCT 29 ea177885ex6-75_landaapp.htm LEASE AGREEMENT FOR 8645 EMBREY DRIVE JONESBORO GA LLC

Exhibit 6.75

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of July, 2022 by and between the Lessor: LANDA APP LLC - 8645 Embrey Drive Jonesboro GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,050 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit. Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

 

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Term Of Lease

 

This Lease shall commence 1st day of July, 2022 to 30th day of June, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,300, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $130 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,300, which amount shall be paid at the execution of this Lease.

 

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires. Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8645 Embrey Drive, Jonesboro, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8645 Embrey Drive Jonesboro GA LLC

Yishai Cohen

June 30, 2022

 

Tenant:

[***]

June 29, 2022

 

Agent:

Marlena Harte

June 30, 2022

 

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs. Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.
   
b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.
   
c.Failure to properly notify the landlord of the presence of bedbugs.
   
d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.
   
e.Refusal to allow the Landlord to inspect the premises.
   
f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8645 Embrey Drive Jonesboro GA LLC

Yishai Cohen

June 30, 2022

 

Tenant:

[***]

June 29, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 30 ea177885ex6-76_landaapp.htm LEASE AGREEMENT FOR 8780 CHURCHILL PLACE JONESBORO GA LLC

Exhibit 6.76

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of December, 2021 by and between the Lessor: Landa App LLC - 8780 Churchill Place Jonesboro GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,200 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

 

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Term Of Lease

 

This Lease shall commence 1st day of December, 2021 to 30th day of November, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

 

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Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,260, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $126 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,260, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

 

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Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8780 Churchill Place, #0, Jonesboro, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8780 Churchill Place Jonesboro GA LLC

Yishai Cohen

November 30, 2021

 

Tenant:

[***]

November 6, 2021

 

Agent:

Marlena Harte

November 30, 2021

 

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

 

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e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8780 Churchill Place Jonesboro GA LLC

Yishai Cohen

November 30, 2021

 

Tenant:

[***]

November 6, 2021

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 31 ea177885ex6-77_landaapp.htm LEASE AGREEMENT FOR 8641 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.77

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of June, 2022 by and between the Lessor: Landa App LLC - 8641 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                      . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                         

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $900 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

 

 

 

 

Term Of Lease

 

This Lease shall commence 1st day of June, 2022 to 31st day of May, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord's Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,100, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $110 as allowed by applicable Georgia law. The prorated rent from the commencement of this Lease to the first day of the following month is $1,100, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling.

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

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Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital ("electronic") signatures, often referred to as an "e-signature", enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient's change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8641 Ashley Way, #0, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days' written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

  

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8641 Ashley Way Douglasville GA LLC

Yishai Cohen

May 31, 2022

 

Tenant:

                       

June 3, 2022

 

Agent:

Marlena Harte

May 31, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor's premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys' fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.
   
b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.
   
c.Failure to properly notify the landlord of the presence of bedbugs.
   
d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.
   
e.Refusal to allow the Landlord to inspect the premises.
   
f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.
   
g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8641 Ashley Way Douglasville GA LLC

Yishai Cohen

May 31, 2022

 

Tenant:

                          

June 3, 2022

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 32 ea177885ex6-78_landaapp.htm LEASE AGREEMENT FOR 8651 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.78

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of February, 2021 by and between the Lessor: Landa Properties LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                 . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8651 Ashley Way, Douglasville, GA, USA

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                 

 

Term Of Lease

 

This Lease shall commence 1st day of February, 2021 to 31st day of January, 2022, unless renewed or extended pursuant to the terms herein.

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $800 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of this Lease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

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Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $800, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $80 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $800, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

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(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days' written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

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Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

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(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

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Landlord's Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

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No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Electronic Signature

 

Digital ("electronic") signatures, often referred to as an "e-signature", enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient's change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa Properties LLC

Yishai Cohen

 

Tenant:

                  

July 26, 2021

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor's premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys' fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa Properties LLC

Yishai Cohen

 

Tenant:

                  

July 26, 2021

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 33 ea177885ex6-79_landaapp.htm LEASE AGREEMENT FOR 8652 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.79

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on____________by and between the Lessor: LANDA APP LLC - 8652 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s): [***]. All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

[***], [***]

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,100 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

Term Of Lease

 

This Lease shall commence 1st day of September, 2022 to 31st day of August, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

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Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,100, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $110 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,100, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

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Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

No Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.

 

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Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires. Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8652 Ashley Way, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

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Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8652 Ashley Way Douglasville GA LLC

 

Tenant:

[***]

August 29, 2022

 

Agent:

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

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6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8652 Ashley Way Douglasville GA LLC

 

Tenant:

[***]

August 29, 2022

 

Agent:

 

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 EX1K-6 MAT CTRCT 34 ea177885ex6-80_landaapp.htm LEASE AGREEMENT FOR 8653 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.80 

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of June, 2022 by and between the Lessor: Landa App LLC - 8653 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                          . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                                

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $700 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of June, 2022 to 31st day of May, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,100, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $110 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,100, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8653 Ashley Way, #0, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8653 Ashley Way Douglasville GA LLC

Yishai Cohen

May 31, 2022

 

Tenant:

                         

March 25, 2022

 

Agent:

Marlena Harte

May 31, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8653 Ashley Way Douglasville GA LLC

Yishai Cohen

May 31, 2022

 

Tenant:

                      

March 25, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 35 ea177885ex6-81_landaapp.htm LEASE AGREEMENT FOR 8654 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.81

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 3rd day of July, 2021 by and between the Lessor: Landa App LLC - 8654 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                       . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                         

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,350 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 3rd day of July, 2021 to 30th day of June, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,050, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $105 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $982.26, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

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No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8654 Ashley Way, #0, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8654 Ashley Way Douglasville GA LLC

Yishai Cohen

June 30, 2021

 

Tenant:

                         

July 26, 2021

 

Agent:

Marlena Harte

June 30, 2021

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8654 Ashley Way Douglasville GA LLC

Yishai Cohen

 

June 30, 2021

 

Tenant:

                           

July 26, 2021

 

Agent:

Marlena Harte

 

 

 

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 EX1K-6 MAT CTRCT 36 ea177885ex6-82_landaapp.htm LEASE AGREEMENT FOR 8655 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.82

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of August, 2020 by and between the Lessor: Landa App LLC - 8655 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                 . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                                   

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit. Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of August, 2020 to 31st day of July, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $950, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $95 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $950, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8655 Ashley Way, #0, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8655 Ashley Way Douglasville GA LLC

Yishai Cohen

July 31, 2020

 

Tenant:

                               

July 26, 2021

 

Agent:

Marlena Harte

July 31, 2020

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8655 Ashley Way Douglasville GA LLC

Yishai Cohen

July 31, 2020

 

Tenant:

                                

July 26, 2021

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 37 ea177885ex6-83_landaapp.htm LEASE AGREEMENT FOR 8659 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.83

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of May, 2021 by and between the Lessor: Landa App LLC - 8659 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                    All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                   

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $875 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit. Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of May, 2021 to 31st day of May, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $900, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $90 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $900, which amount shall be paid at the execution of this Lease. 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8659 Ashley Way, #0, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8659 Ashley Way Douglasville GA LLC

Yishai Cohen

April 30, 2021

 

Tenant:

                       

July 26, 2021

 

Agent:

Marlena Harte

April 30, 2021

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8659 Ashley Way Douglasville GA LLC

Yishai Cohen

April 30, 2021

 

Tenant:

                    

July 26, 2021

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 38 ea177885ex6-84_landaapp.htm LEASE AGREEMENT FOR 8662 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.84

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of August, 2021 by and between the Lessor: Landa App LLC - 8662 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                       All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                         

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $925 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of August, 2021 to 31st day of July, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $975, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $97.50 as allowed by applicable Georgia law. The prorated rent from the commencement of this Lease to the first day of the following month is $975, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

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Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8662 Ashley Way, #0, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

  

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8662 Ashley Way Douglasville GA LLC

Yishai Cohen

July 31, 2021

 

Tenant:

                      

July 26, 2021

 

Agent:

Marlena Harte

July 31, 2021 

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.
   
b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.
   
c.Failure to properly notify the landlord of the presence of bedbugs.
   
d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.
   
e.Refusal to allow the Landlord to inspect the premises.
   
f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.
   
g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8662 Ashley Way Douglasville GA LLC

Yishai Cohen

July 31, 2021

 

Tenant:

                      

July 26, 2021

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 39 ea177885ex6-85_landaapp.htm LEASE AGREEMENT FOR 8668 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.85

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of July, 2021 by and between the Lessor: Landa App LLC - 8668 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                        . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                                   

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,000 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of July, 2021 to 30th day of June, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,025, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $102.50 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,025, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8668 Ashley Way, #0, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

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Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8668 Ashley Way Douglasville GA LLC

Yishai Cohen

June 30, 2021

 

Tenant:

                              

July 26, 2021

 

Agent:

Marlena Harte

June 30, 2021

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8668 Ashley Way Douglasville GA LLC

Yishai Cohen

 

June 30, 2021

 

Tenant:

                               

July 26, 2021

 

Agent:

Marlena Harte

 

 

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13

 

 

 EX1K-6 MAT CTRCT 40 ea177885ex6-86_landaapp.htm LEASE AGREEMENT FOR 8670 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.86

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on_______________by and between the Lessor: LANDA APP LLC - 8670 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                      . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                         

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $975 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of August, 2022 to 31st day of July, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,050, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $105 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,050, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

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No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

No Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8670 Ashley Way, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8670 Ashley Way Douglasville GA LLC

 

Tenant:

                     

July 29, 2022

 

Agent:

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8670 Ashley Way Douglasville GA LLC

 

Tenant:

                    

July 29, 2022

 

Agent:

 

 

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 EX1K-6 MAT CTRCT 41 ea177885ex6-87_landaapp.htm LEASE AGREEMENT FOR 8674 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.87

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 16th day of December, 2022 by and between the Lessor: LANDA APP LLC - 8674 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):              . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,300 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit. Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

 

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Term Of Lease

 

This Lease shall commence 16th day of December, 2022 to 31st day of December, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,300, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $130 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $670.97, which amount shall be paid at the execution of this Lease.

 

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

No Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

 

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Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8674 Ashley Way, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8674 Ashley Way Douglasville GA LLC

Yishai Cohen

November 30, 2022

 

Tenant:

                   

December 13, 2022

 

Agent:

Marlena Harte

November 30, 2022

 

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.
b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.
c.Failure to properly notify the landlord of the presence of bedbugs.
d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.
e.Refusal to allow the Landlord to inspect the premises.
f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.
g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8674 Ashley Way Douglasville GA LLC

Yishai Cohen

November 30, 2022

 

Tenant:

                 

December 13, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 42 ea177885ex6-88_landaapp.htm LEASE AGREEMENT FOR 8675 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.88

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on__________________by and between the Lessor: LANDA APP LLC - 8675 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                        . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                        

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,100 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

 

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Term Of Lease

 

This Lease shall commence 18th day of August, 2022 to 31st day of August, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,100, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $110 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $496.77, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

 

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Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

 

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Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8675 Ashley Way, Douglasville, GA, USA

 

 

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Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8675 Ashley Way Douglasville GA LLC

 

Tenant:

                  

August 15, 2022

 

Agent:

 

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

 

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e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8.   Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8675 Ashley Way Douglasville GA LLC

 

Tenant:

                      

August 15, 2022

 

Agent:

 

 

 

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 EX1K-6 MAT CTRCT 43 ea177885ex6-89_landaapp.htm LEASE AGREEMENT FOR 8677 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.89

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on________________by and between the Lessor: 8677 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                         . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                         

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $1,050 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

 

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Term Of Lease

 

This Lease shall commence 31st day of July, 2022 to 31st day of July, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,100, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $110 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $35.48, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

 

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Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

 

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Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8677 Ashley Way, #0, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

 

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(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

8677 Ashley Way Douglasville GA LLC

 

Tenant:

                           

June 25, 2022

 

Agent:

 

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

 

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d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

8677 Ashley Way Douglasville GA LLC

 

Tenant:

                                

June 25, 2022

 

Agent:

 

 

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 EX1K-6 MAT CTRCT 44 ea177885ex6-90_landaapp.htm LEASE AGREEMENT FOR 8678 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.90

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of August, 2022 by and between the Lessor: LANDA APP LLC - 8678 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                        ll Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                      

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $0 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit. Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of August, 2022 to 31st day of July, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,100, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $110 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $1,100, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

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(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

No Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

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Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires. Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8678 Ashley Way, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8678 Ashley Way Douglasville GA LLC

Yishai Cohen

July 31, 2022

 

Tenant:

                      

August 14, 2022

 

Agent:

Marlena Harte

July 31, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs. Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8678 Ashley Way Douglasville GA LLC

Yishai Cohen

July 31, 2022

 

Tenant:

                      

August 14, 2022

 

Agent:

Marlena Harte

 

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 EX1K-6 MAT CTRCT 45 ea177885ex6-91_landaapp.htm LEASE AGREEMENT FOR 8679 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.91

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of November, 2022 by and between the Lessor: LANDA APP LLC - 8679 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                     . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                         

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $925 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of November, 2022 to 31st day of October, 2023, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

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Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord's Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $1,100, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $110 as allowed by applicable Georgia law. The prorated rent from the commencement of this Lease to the first day of the following month is $1,100, which amount shall be paid at the execution of this Lease.

 

Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

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Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

No Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.

 

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Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital ("electronic") signatures, often referred to as an "e-signature", enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient's change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8679 Ashley Way, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days' written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

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Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

  

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8679 Ashley Way Douglasville GA LLC

Yishai Cohen

October 31, 2022

 

Tenant:

                            

August 30, 2022

 

Agent:

Marlena Harte

October 31, 2022

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor's premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys' fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a.Any misrepresentation by the Tenant in this Addendum.

 

b.Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c.Failure to properly notify the landlord of the presence of bedbugs.

 

d.Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e.Refusal to allow the Landlord to inspect the premises.

 

f.Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g.Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

LANDA APP LLC - 8679 Ashley Way Douglasville GA LLC

Yishai Cohen

 

October 31, 2022

 

Tenant:

                              

August 30, 2022

 

Agent:

Marlena Harte

 

 

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 EX1K-6 MAT CTRCT 46 ea177885ex6-92_landaapp.htm LEASE AGREEMENT FOR 8683 ASHLEY WAY DOUGLASVILLE GA LLC

Exhibit 6.92

 

 

Landa Lease

 

This Residential Lease Agreement (hereinafter “Lease”) is entered into this on 1st day of July, 2021 by and between the Lessor: Landa App LLC - 8683 Ashley Way Douglasville GA LLC (hereinafter referred to as “Landlord”), and the Lessee(s):                      . All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.

 

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

 

Nature Of Occupancy

 

As a special consideration and inducement for the granting of this Lease by the Landlord to the Tenant, the personal residence described above shall be used and occupied only by the members of the Tenant’s family or others whose names and ages are set forth below:

 

                                   

 

Security Deposit

 

Upon execution of this Lease, Tenant shall deposit the sum of $925 to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of thisLease, ordinary wear and tear excepted. Tenant is not entitled to interest on the security deposit. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant’s security deposit to the new owner or assignee to hold under this Lease, and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit.

 

Landlord’s rights to retain the Deposit hereunder shall be subject Georgia Code § 44-7-34:

 

Possession Of Premises

 

Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month’s rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for lease is vacated by the prior tenant.

 

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Term Of Lease

 

This Lease shall commence 1st day of July, 2021 to 30th day of June, 2022, unless renewed or extended pursuant to the terms herein.

 

Notice Of Injuries

 

In the event of any significant injury or damage to Tenant, Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than five (5) days after said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

 

Materiality Of Application To Rent

 

All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease.

 

No Illegal Use

 

Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Tenant shall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises- whether known or unknown to Tenant.

 

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Governing Law

 

This Lease is governed by the statutory and case law of the State of Georgia. If you wish to receive a hard copy of this lease before you sign, please email us to hi@landa.app.

 

Landlord Entry

 

In addition to the rights provided by applicable Georgia law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premises or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to enter premises except in the case of an emergency.

 

Landlord’s Right To Mortgage

 

Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord’s right to subject the premises to a mortgage or other lien.

 

Tenant Insurance

 

Landlord shall not be liable to Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.

 

Rent Payments

 

Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $975, which shall be paid on or before the first day of the month. Tenant agrees that if rent is not paid in full on or before $1st day of the month, Tenant will pay a late charge of $97.50 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $975, which amount shall be paid at the execution of this Lease.

 

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Tenant agrees that rent shall be paid in lawful money of the United States via the Landa Residents App.

 

Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Tenant agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

 

Alterations

 

Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. Any of the above- described work shall become part of the dwelling

 

Obligations And Duties Of Tenant

 

Tenant agrees to:

 

(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;

 

(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;

 

(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;

 

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;

 

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;

 

(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of their premises;

 

(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;

 

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(h) Maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;

 

(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;

 

Tenant agrees that any violation of these provisions shall be considered a breach of this Lease.

 

No Waiver

 

The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease.

 

Assignment

 

Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sublet by Tenant without the prior written consent of Landlord. Landlord may sell, transfer or assign, in whole or in part, its rights and obligations under this Lease and in the leased premises provided such transferee assumes all obligations of Landlord under this Lease. Any such sale, transfer or assignment shall, upon assumption by the transferee of Landlord’s obligations hereunder, release Landlord from all liabilities under this Lease arising after the date of such sale, assignment or transfer, and Tenant agrees to look solely to the successor in interest of Landlord for the performance of such obligation.

 

Delivery Of Notices

 

Any giving of notice under this Lease or applicable Georgia law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord’s agent.

 

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Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all.

 

Electronic Signature

 

Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of the electronic signature include Tenant signing this Lease by typing in Tenant’s name, with the underlying software recording Tenant’s IP address, Tenant’s browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Lease will be available to both Tenant and Landlord, so they can store and access it at any time, and it will be stored and accessible on the Landa Resident App and hosting provider, including backups. Tenant and Landlord each hereby consents and agrees that electronically signing this Lease constitutes Tenant’s signature, acceptance, and agreement as if actually signed by Tenant in writing. Further, all parties agree that no certification authority or other third-party verification is necessary to validate any electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of Tenant’s signature or resulting contract between Tenant and Landlord. Tenant understands and agrees that Tenant’s e-signature executed in conjunction with the electronic submission of this Lease shall be legally binding and such transaction shall be considered authorized by Tenant. Tenant agrees its electronic signature is the legal equivalent of Tenant’s manual signature on this Lease and Tenant consents to be legally bound by this terms and conditions of each of this Lease. Furthermore, Tenant and Landlord each hereby agrees that all current and future notices, confirmations and other communications regarding the Agreements specifically, and future communications in general between the parties, may be made by email, sent to the email address of record as set forth in this Lease or as otherwise from time to time changed or updated and disclosed to the other party, without necessity of confirmation of receipt, delivery or reading, and such form of electronic communication is sufficient for all matters regarding the relationship between the parties. If any such electronically sent communication fails to be received for any reason, including but not limited to such communications being diverted to the recipients spam filters by the recipients email service provider, or due to a recipient’s change of address, or due to technology issues by the recipients service provider, the parties agree that the burden of such failure to receive is on the recipient and not the sender, and that the sender is under no obligation to resend communications via any other means, including but not limited to postal service or overnight courier, and that such communications shall for all purposes, including legal and regulatory, be deemed to have been delivered and received. No physical, paper documents will be sent to Tenant, and if Tenant desires physical documents, then Tenant agrees to be satisfied by directly and personally printing, at Tenant’s own expense, the electronically sent communication(s) and maintaining such physical records in any manner or form that Tenant desires.

 

Tenant’s Consent is Hereby Given: By signing this Lease electronically, Tenant is explicitly agreeing to receive documents electronically including Tenant’s copy of this Lease as well as ongoing disclosures, communications and notices.

 

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Grant Of Lease

 

Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in USA, GA, with address of: 8683 Ashley Way, #0, Douglasville, GA, USA

 

Heirs And Assigns

 

It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term here of.

 

Utilities

 

Tenant will provide and pay for the following utilities (indicate those that apply):

 

[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television, [X] Water, [X] Garbage pick-up.

 

Landlord will provide and pay for the following utilities (indicate those that apply):

 

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.

 

Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.

 

Obligations And Duties Of Landlord

 

As per Georgia Code § 44-7-13, Landlord must keep the premises in repair.

 

Consequences Of Breach By Tenant

 

If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).

 

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In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:

 

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;

 

(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement;

 

(c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days’ written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period.

 

If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant.

 

Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.

 

Notice Of Intent To Surrender

 

Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Georgia law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.

 

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If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Georgia law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

 

Condition Of Leased Premises

 

Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted.

 

Modification Of This Lease

 

Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

 

Remedies Not Exclusive

 

The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable Georgia law.

 

Destruction/Condemnation Of Premises

 

In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, or shall be taken by eminent domain, then this Lease shall cease and terminate as of the date of such destruction or taking, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction or taking of said premises as if being prorated as of that date.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8683 Ashley Way Douglasville GA LLC

Yishai Cohen

June 30, 2021

 

Tenant:

                         

September 15, 2021

 

Agent:

Marlena Harte

June 30, 2021

 

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Bed Bug Addendum

 

Tenant confirms that all furnishings and personal properties to be moved into the leased premises by each of the individuals identified in Section 2 of the Residential Lease Agreement by and between the Tenant and the Landlord (the “Lease”), are free of bed bugs.

 

Tenant hereby agrees to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:

 

1. Inspection. The Tenant shall regularly conduct inspections for any bed bugs. If you (or anyone at the leased premise) stays in a hotel or another home, inspect all clothing, luggage, shoes, and personal belongings for signs of bedbugs before re-entering the leased premises. Check backpacks, shoes, hats, and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.

 

2. Duty to Report. Tenant immediately shall report any problems immediately to Landlord. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other premises. Manager will then be given access to the leased premises for inspection within 24 hours of Tenant being given notice.

 

3. Mandatory Cooperation. Tenant shall cooperate with pest control efforts. If the leased premises or a neighbor’s premises is infested, a pest management professional will be called in to inspect and eradicate the problem. The pest management professional may provide you with a check list and instructional pamphlet before treatment begins.

 

4. Bedbug Treatment. Tenant hereby acknowledge that they are obligated to compensate Landlord for any expenses that may include, but are not exclusive to, legal fees, extermination fees and specialist fees that may occur due to infestations in the leased premises. In addition, Tenant must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:

 

a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.

 

b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Contact Landlord for removal and disposal. Empty dressers, nightstands and closets completely. Remove all items from floors and bag all clothing shoes, boxes, toys, etc. Bag and tightly seal washables separately from non-washable items. Used plastic bags must be disposed of properly.

 

c. Wash all machine-washable bedding, drapes, and clothing, on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.

 

d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses, and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.

 

e. Move furniture to the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.

 

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5. Compliance. Tenant shall ensure that Tenant, each of the individuals identified in Section 2 of the Lease, and any guest occupying or using the leased premises comply with the terms and conditions of this Addendum.

 

6. Indemnification. Tenant agrees to indemnify and hold the Landlord, its affiliates, and any of its or their directors, officers, employees, agents and consultants harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of Tenant, any of the individuals identified in Section 2 of the Lease, or any guest occupying or using the leased premises.

 

7. Property Insurance. It is acknowledged that the Landlord/Property Management Company/ Agent shall not be liable for any loss of personal property to the Tenant, as a result of an infestation of bedbugs. Tenant agrees to obtain personal property insurance to cover such losses.

 

8. Default. Any default of this Addendum, or of the Lease by Tenant, or any of the individuals identified in Section 2 of the Lease, shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Tenant’s right to possession of the leased premises for material non- compliance. The following will be considered material non-compliance of the Lease and Addendum:

 

a. Any misrepresentation by the Tenant in this Addendum.

 

b. Refusal to execute any agreement with the Landlord for the treatment of the bed bugs.

 

c. Failure to properly notify the landlord of the presence of bedbugs.

 

d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.

 

e. Refusal to allow the Landlord to inspect the premises.

 

f. Failure of the Tenant to have personal property insurance to cover damage or losses to furniture.

 

g. Any action that prevents treatment of the leased premises or potentially exasperates or increases the bedbug issue.

 

9. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control. By signing below, the undersigned Tenant agrees and acknowledge having read and understood this addendum.

 

By signing below, the undersigned Tenant agree and acknowledge having read and understood this addendum.

 

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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:

 

Landlord:

Landa App LLC - 8683 Ashley Way Douglasville GA LLC

Yishai Cohen

June 30, 2021

 

Tenant:

                          

September 15, 2021

 

Agent:

Marlena Harte

 

 

 

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 EX1K-6 MAT CTRCT 47 ea177885ex6-93_landaapp.htm FORM OF REFINANCE PROMISSORY NOTE BY AND BETWEEN LANDA HOLDINGS, INC. AND A SERIES

Exhibit 6.93

 

THIS PROMISSORY NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”). THIS NOTE HAS BEEN ACQUIRED FOR INVESTMENT ONLY AND MAY NOT BE SOLD, TRANSFERRED OR ASSIGNED IN THE ABSENCE OF REGISTRATION OF THE RESALE THEREOF UNDER THE SECURITIES ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY IN FORM, SCOPE AND SUBSTANCE TO THE ISSUER THAT SUCH REGISTRATION IS NOT REQUIRED.

 

4.5% 5 YEAR PROMISSORY NOTE

LANDA APP LLC – [●]

 

Principal Amount:   Issuance Date:
$[●]   [●], [●]

 

FOR VALUE RECEIVED, [LANDA APP LLC – ●], a registered Delaware series of LANDA APP LLC, a Delaware limited liability company, with its principal place of business at One Pennsylvania Plaza, 36th Floor, New York, NY 10119 (the “Series” or “Borrower”), by this promissory note (hereinafter called the “Note”), hereby unconditionally promises to pay to the order of LANDA HOLDINGS, INC., a Delaware corporation (hereinafter, together with its permitted successors and assigns, the “Lender”), the unsecured principal amount of [ ] DOLLARS [●]) (the “Principal Amount”) together with simple interest thereon from the date of this Note. This Note evidences, among other things, the obligation of the Borrower to pay the Principal Amount and interest to the Lender as more specifically set forth herein.

 

1. Maturity. The Principal Amount and accrued interest thereon shall be due and payable on or before the fifth anniversary of the Issuance Date (the “Maturity Date”).

 

2. Interest Rate. Interest shall accrue at a rate of four and a half percent (4.5%) per annum (calculated on the basis of a 365-day year and actual days elapsed). 

 

3. Payment. All payments shall be made in lawful money of the United States of America.

 

4. Prepayment. The Series shall have the right to prepay any portion of this this Note, in whole or in part, at any time prior to the Maturity Date.

 

5. No Security. This Note is a general unsecured obligation of the Series.

 

6. Successors and Assigns. This Note applies to, inures to the benefit of, and binds the successors and assigns of the parties hereto; provided, however, that the Series may not assign its obligations under this Note without the prior written consent of Lender.

 

7. Expenses. The Series hereby agrees, subject only to any limitation imposed by applicable law, to pay all expenses, including reasonable attorneys’ fees and legal expenses, incurred by the Lender in endeavoring to collect any amounts payable hereunder which are not paid when due, whether by declaration or otherwise.

 

8. Events of Default. Any of the following that shall occur and be continuing for any reason whatsoever (and whether such occurrence shall be voluntary or involuntary or come about or be effected by operation of law or otherwise) shall constitute an event of default (each an “Event of Default”):

 

(a) the Series shall fail to perform or observe any covenant or agreement set forth in this Note in any material respect, and such failure or breach continues uncured for 10 business days after written notice thereof shall be received by the Series from the Lender; or

 

(b) if an order, judgment or decree is entered adjudicating the Series bankrupt or insolvent; or if the Series shall commence any case, proceeding or other action relating to it in bankruptcy or seeking reorganization, liquidation, dissolution, winding-up, arrangement, composition or readjustment of its debts, or for any other relief, under any bankruptcy, insolvency, reorganization, liquidation, dissolution, arrangement, composition, readjustment of debt or other similar act or law of any jurisdiction, domestic or foreign, now or hereafter existing; or if the Series shall apply for a receiver, custodian or trustee of it or for all or a substantial part of its property, or makes a general assignment for the benefit of creditors; or

 

 

 

 

(c) if any case, proceeding or other action against the Series shall be commenced in bankruptcy or seeking reorganization, liquidation, dissolution, winding-up, arrangement, composition or readjustment of its debts, or any other relief, under any bankruptcy, insolvency, reorganization, liquidation, dissolution, arrangement, composition, readjustment of debt or other similar act or law of any jurisdiction, domestic or foreign, now or hereafter existing; or if a receiver, custodian or trustee of the Series or for all or a substantial part of its properties shall be appointed; or if a warrant of attachment, execution or distraint, or similar process, shall be issued against any substantial part of the property of the Series; and if, in each such case, such condition shall continue for a period of 60 days undismissed, undischarged or unbonded; or

 

9. Notice to Series. Upon the occurrence of any Event of Default described in Section 8, the Lender may, by written notice thereof provided to the Series, declare the entire Principal Amount, together with any accrued and unpaid interest on the Note, and the Note shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived. Upon the occurrence of any Event of Default described in Section 8(b) or Section 8(c), immediately, and without notice, the entire Principal Amount, together with any accrued and unpaid interest on the Note, and the Note shall thereupon become, forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived.

 

11. Governing Law. This Note shall be governed by and construed under the laws of the State of New York as applied to other instruments made by residents of New York to be performed entirely within the State of New York.

 

12. Notices. All notices and other communications given or made pursuant hereto shall be in writing and shall be deemed effectively given: (i) upon personal delivery to the party to be notified, (ii) when sent by confirmed electronic mail or facsimile if sent during normal business hours of the recipient; if not, then on the next business day, (iii) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (iv) one (1) day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt.

 

13. Entire Agreement; Amendments and Waivers. This Note and the other documents delivered pursuant hereto constitute the full and entire understanding and agreement between the parties with regard to the subjects hereof and thereof. Any term of this Note may be amended and the observance of any term may be waived (either generally or in a particular instance and either retroactively or prospectively), with the written consent of the Series and the Lender.

 

[SIGNATURE PAGE FOLLOWS]

 

2

 

 

IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of the Issuance Date.

 

  SERIES:
  LANDA APP LLC – [●]:
     
  By: Landa Holdings, Inc., as Manager
     
  By:  
  Name: Yishai Cohen
  Title: Chief Executive Officer and President

 

Acknowledged and Agreed:  
   
LENDER:  
LANDA HOLDINGS, INC.:  
     
By:    
Name: Yishai Cohen  
Title: Chief Executive Officer and President  

 

 

3

 

 

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