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Residential Lease Agreement

This LEASE AGREEMENT (hereinafter referred to as “Agreement”) is entered into between ___________________and_______________________(hereinafter referred to as “Tenant”) and ________________________(hereinafter referred to as “Landlord”).

WHEREAS, Landlord is the fee owner of certain real property being, lying, and situated in (CITY, STATE), such real property having a street address of ___________________(hereinafter referred to as the “Premises”) together with the following fixture furnishings and appliances:___________________

WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and

WHEREAS, Tenant desires to lease the Premises from landlord on the terms and conditions as contained herein;

NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and the good and valuable consideration, the receipt and sufficiency of which is herby acknowledged, the parties hereto hereby agree as follows:

1. TERM. Landlord leases to Tenant and Tenant lease from Landlord the above described Premises together with any and all appurtenances thereto, for term of months, commencing on the day of _________, 20 and expiring on the on the day of , 20 , unless renewed or extended pursuant to the terms herein.

2. PAYMENT OF RENT. The total rent for the term of this agreement is ($ ), payable at a rate of ($ ) per month in advance, the first installment to be made by the fifth day of , 20 and a like sum by the fifth day of every month thereafter, without setoff, deduction, or demand, except when that day falls on a weekend or a legal holiday, in which case rent is due on the next business day. Rent is to be paid by direct deposit, or, at the option of the Landlord, via personal or certified check. Rent shall not be considered paid until actual receipt thereof is confirmed in landlords account. Tenant placing rent monies in the mail is not sufficient for rent to be considered paid. Rent shall be made payable to____________(Landlord). If rent is not received in full on or before the 5th day after is is due it will be subject to late charges and additional consequences may be imposed (as defined in section #21 of this agreement).

If the lease term commences on a day other than the first day of a month, Tenant will pay to Landlord a prorated monthly rent for the period from the commencement of this Lease to the first day of the following month. The prorated rent from the commencement of this Lease to the first day of the following month is $ , which amount shall be paid at the execution of this Lease.

3. DAMAGE DEPOSIT. Upon execution of this lease, Tenant will deposit with Landlord the sum of Dollars ($ ), which is to be held as collateral security and applied on any rent or any other charge that may remain due and owing at the expiration of this agreement, any extension thereof or holding over period or applied on any damages to the premises caused by the Tenant, his family, invitees, employees, trades people or pets, or other expenses suffered by Landlord as a result of a breach of any covenant of the Lease. Tenant may not utilize the security deposit as rent nor shall he deduct same from the last month’s rent nor require the Landlord to indemnify itself from said sum of money or any part thereof with respect to any particular violation or default of Tenant. In the event that any part of the said security deposit shall have been utilized by Landlord in accordance with the terms hereof or applicable law, the Tenant shall, upon the delivery notice of same, immediately deposit with the Landlord the amount so applied by Landlord so that the Landlord shall have the full deposit on hand at all times during the term of this lease and any renewal thereof or holding over. In the event of the sale of the property upon which this premises is situated or the transfer or assignment by the Landlord of this Lease, the Landlord shall have the right to transfer said security deposit to the transferee and Landlord shall be considered released from all liability for the return of the security deposit, and the Tenant shall look solely to the new Landlord for the return of his security deposit. It is agreed that the foregoing shall apply to every transfer or assignment made on the security deposit to a new Landlord.

Within two weeks, or the period of time required by State law, whichever occurs first, after the tenant has vacated the premises, Landlord shall furnish Tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to the tenant.

Tenant is hereby notified, that unless otherwise provided by applicable State law, Landlord is not obligated to return Tenant’s security deposit or give Tenant a written description of damages and charges until Tenant provides Landlord a written statement of Tenant’s forwarding address for the purpose of refunding the security deposit. Tenant agrees that if such address is not produced within 14 days from the date of termination of the Lease, Tenant forfeits the security deposit.

If the Premises are condemned without any fault attributable to Tenant, Landlord shall return the security deposit. Should the Premises be condemned by actions of the Tenant, Tenant shall forfeit the full security deposit, and Landlord shall have full recourse to pursue any judgment for remaining damages to the Premises.

Tenant acknowledges that this paragraph constitutes written notice to him at time of payment of security deposit of his rights under applicable law. This section shall not be construed to limit Landlord’s recovery for damage to the Premises. Should damages to the Premises exceed the amount of the damage deposit, Landlord is entitled to pursue collection efforts including a civil action to recover amounts for any damages beyond the value of the security deposit.

4. USE OF PREMISES. The premises are to be used only as a private residence for Tenant(s) listed as parties of this Agreement and the following minor children whose names and ages appear below:

1.

2.

3.

4.

5.

The premises shall be occupied by no more than five (5) persons, including children. The premises shall not be used for any purpose other than a private residence without the prior written consent of the Landlord.

Tenant shall not allow other person(s), other than Tennant’s immediate family or transient relatives and friends who are guests of Tennant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

5. TENANT EXAMINATION AND ACCEPTANCE OF PREMISES. The Tenant acknowledges that he has examined the leased premises and his acceptance of this agreement is conclusive evidence that said premises are in good and satisfactory order and repair unless otherwise specified herein; and the Tenant agrees that no representations as to the condition of the premises have been made and that no agreement has been made to redecorate, repair or improve the premises unless hereinafter set forth specifically in writing. The Landlord will deliver the leased premises and all common areas in a habitable condition, pursuant to applicable State law. Tenant takes premises in its AS-IS condition. 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 nonpayment identical to those for nonpayment of rent described herein.

6. ASSIGNMENT AND SUB-LETTING. Tenant will not sublet the premises or any portion thereof, or assign this Lease without the prior written consent of Landlord. Consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord’s option, terminate this Agreement.

7. ALTERATIONS AND IMPROVEMENTS. Unless authorized by law, Tenant will not, without Landlord’s prior written consent, alter, re-key or install any locks to the premises or install or alter any burglar alarm system. Tenant will not remodel or make any structural changes, alterations or additions to the premises, will not paper, paint or decorate, nor install, attach, remove or exchange appliances or equipment such as air conditioning, heating, refrigerating or cooking units, radio or television antennae; nor drive nails or other devices into the walls or woodwork (a reasonable number of picture hangers excepted), nor refinish or shellac wood floors, nor change the existing locks of the premises, without the prior written permission of the Landlord or his Agent. Any of the above-described work shall become part of the dwelling, including the installation of satellite or cable services which require bolting, drilling, and/or adhering equipment to the building.

8. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of the Landlord or its agents, then the Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. 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 tenants. If Landlord is unable to deliver possession of the premises to Tenant on or before the commencement of the term of this Lease due to another person occupying the premises, Tenant’s rights of possession hereunder shall be postponed until said premises are vacated by such other person, and rent due hereunder shall be abated at the rate of one-thirtieth (1/30) of a monthly installment for each day that possession is postponed. Tenant expressly agrees that Landlord shall not be liable for damages to Tenant in the event Tenant, for any reason whatsoever, is unable to enter and occupy the premises.

9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

10. UTILITIES. Tenant will be responsible and pay for the following utilities, including all required deposits (check those that apply):

Gas Water Electric Refuse Collection Telephone Cable TV Sewer

Landlord will be responsible and pay for the following utilities, including all required deposits (check those that apply):

Gas Water Electric Refuse Collection Telephone Cable TV Sewer

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 switch all utilities he/she is responsible for within three (3) business days from the time Tenant takes occupancy. Landlord reserves the right to charge a $50 administrative fee for each utility service it must switch into Tennant’s name, should Tenant fail to comply with this request. If Tenant fails to pay utilities, Landlord reserves the right to pay for utilities with the security deposit. 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.

11. MAINTENANCE AND REPAIRS. Tenant will, at his or her sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. This shall include: furnace filter replacement, clogged sinks & toilets, as well as pest control. In the event maintenance is requested and required per your lease, Tenant shall:

1. Not obstruct the driveways, sidewalks, entryways, and/or stairs, which shall be used for the purposes of ingress and egress only;
2. Keep all windows, glass, window coverings, doors, locks, and hardware in good, clean order and repair;
3. Not obstruct or cover the windows or doors;
4. Not leave windows or doors in an open position during any inclement weather;
5. Not hang any laundry, clothing, sheets, etc. from any window, rail, porch. or balcony nor air dry any of the same within any yard area or space;
6. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
7. Keep all air conditioning filters clean and free from dirt;
8. Keep all lavatories, sinks, toilets, disposals, pump systems and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes, bones, grease or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant.
9. Tenants family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
10. Keep all radios, television sets, stereos, etc., turned down to a level of sound that does not annoy or interfere with other residents or neighbors.
11. Deposit all trash, garbage, rubbish or refuse in the proper locations provided.
12. Tenant(s) also agrees to handle snow removal and de-icing of steps and walkways of property unless provided for through a separate agreement with Landlord. Failing to do so, will indemnify owner and management; further more can lead to default of lease and grounds for eviction.
13. Glass breakage is the responsibility of the tenant unless caused by landlord or nature.
14. Leak in pipes, unless caused by negligence of tenant are to be repaired by the landlord within a reasonable time after notice, but the landlord shall not be liable of any damages, resulting from such leaks and/or overflows. Removal or displacement of drainage tubes from furnaces is prohibited.
15. No signs (including political signs) shall be placed on the premises by the tenant or at the tenant’s direction without the prior written consent of the landlord.
16. Light bulbs are the tenant’s expense and responsibility. Furthermore any burnt out or missing light bulb upon lease termination or expiration shall be replaced by landlord and deducted from the security deposit.
17. The Premises is accepted as insect, rodent, and pest free by the tenant at the time of occupancy. Tenant is responsible for insect, rodent, and pest control. If tenant chooses not to correct problem, landlord may pay for pest control and bill tenant applicable costs.
18. Use of property for business is prohibited: The Premises shall be used and occupied by the Tenant(s) exclusively as a private residence. The Tenant thereof shall use neither the Premises nor any part at any time during the tenant of this lease for the purpose of carrying on any business, profession, or trade of any kind.
19. No auto repairs lasting more than 1 hour may be performed on the Premises nor on any city street adjacent to the Premises.
20. Tenant(s) agrees not to park or store a motor home, recreational vehicle, or trailer of any type on the premises without prior written consent of the landlord.

For excessive or petty maintenance requests by tenant to management/landlord, there will be a fee of $50.00 per occurrence. This is also known as a call-out fee. This fee can and shall be waived by management at their sole discretion. All repairs/requests will be handled and completed by the timeline required by Minnesota law. All necessary, non-avoidable, and required repairs shall be excluded from this fee. Management and Landlord will determine this.

13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly inhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practical, after which the full rent shall recommence and the Agreement continue according to its terms.

14. INSPECTION OF PREMISES. Landlord and Landlord’s agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions, showings or alterations as may be deemed appropriate by Landlord for the preservation or sale of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual “for sale,” “for rent,” or “vacancy” signs on the Premises at any time. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, and or showings that do not conform to this Agreement or to any restrictions, rules, or regulations affecting the Premises. LANDLORD WILL GIVE TENANTS 24 HOURS NOTICE.

14. SUBORDINATION OF LEASE. This Agreement and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens, or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens, or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens, or encumbrances and any and all renewals, extensions or mortgages, liens, or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens, or encumbrances.

15. TENANTS HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all terms and conditions hereof except that rent shall then be due and owing ________________ ($ ) per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party.

16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements accepted.

17. ANIMALS. No pet, animal, bird or other pet shall be kept on the premises, even temporarily.

18. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold. And enjoy said Premises for the term hereof.

19. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant’s family, guests, invitees, agents, or employees or to any person entering the Premises or the building of which the Premises are a part or to any person entering the Premises or the building to which the Premises are a part of or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and al1 claims or assertions of every kind and nature.

20. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the non­compliance and indicating the intention of landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days after delivery of written notice, Landlord may, at Landlord’s option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement.
21. 21. LATE CHARGES AND RETURNED CHECK. If Tenant fails to pay the rent in full before the end of the 5th day after it is due, Tenant will be assessed a late charge of $10 as allowed by applicable Minnesota law. Landlord reserves and in no way waives the right to insist on payment of the rent in full on the date it is due.In each instance that a check offered by Tenant to Landlord for any amount due under this Agreement or in payment of rent is returned for lack of sufficient funds, a “stop payment” or any other reason, a service charge of $15, which does not exceed the maximum amount allowed by applicable Minnesota law, will be assessed.In the event late fees are not paid in full by Fifteen (15) days of when rent was due, then tenant is subject to eviction, collections, and as well as but not limited to damages caused by no or slow payment of rent. Furthermore, if the rent is late more than 2 times in any given lease term, a rent increase of 5% will be implemented and remain throughout the entire remaining term of the lease.

______________(Tenant’s Initials)

22. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord’s option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord’s discretion, re-rent the Premises or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such re-renting, and at Landlord’s option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such re-renting. If Landlord’s right of reentry is exercised following abandonment of the Premises by Tenant then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property In any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.

23. ATTORNEY’S FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys’ fees. This provision also covers all costs associated with eviction.

24. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement this Agreement shall, at Landlord’s option, terminate immediately and landlord shall be entitled to all rights and remedies that it has at law or in equity.

25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Minnesota.

26. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.

28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.

29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

30. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant’s duties and liabilities hereunder.

31. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement can’t be modified, changed, altered, or amended in any way except through the use of a written amendment signed by all of the parties hereto.

32. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:

If to Landlord to:

(Landlord Address)

33. INTENT TO VACATE. Tenant must provide management with a thirty (30) day written notice of their intent to move out prior to the end of the lease term. Failure to do so will result in forfeiture of security deposit, as well as leaving Tenants responsible for additional rent charges, late fees, and future undetermined damages. Tenant Agrees to vacate the property immediately and forfeit their security deposit, if background check application finds any issues such as felonies, or criminal convictions or any other information proved falsified with intention to deceive landlord into allowing them access to home before background check is completed.

34. RETURNED CHECK POLICY. In the event 1st month’s rent, security deposit or other payment presented as a check and is returned as a result of Insufficient Funds, Closed Account, Stop Payment, Fraudulent Checks or other reasons you will incur a Returned Check fee of $15, which does not exceed the maximum amount allowed by applicable Minnesota law, will be assessed. Furthermore, it is within Landlord’s discretion to terminate the lease immediately.

35. NO SMOKING POLICY. Premises shall be deemed a non-smoking unit Smoking inside the unit or home is prohibited and considered a default of your lease agreement Smoking shall be done outside the property In a designated area. All butts, ashes or debris must be cleaned up immediately. Failure to abide by this policy shall result in a $1,000 fine imposed by Landlord.

36. RENTER’S INSURANCE. Landlord requires that Tenant(s) carry their own Renter’s Policy to cover any of their personal belongings against any type of damage including but not limited to: fire, theft, or water damage. Neither Landlord nor the Insurance of the Landlord covers personal losses of the Individual Tenant(s) and Owner and/or Its Agent(s) will not be responsible for claims for damages based on the loss of personal property or personal injury to Tenant(s) or their guests.

37. ADDITIONAL PROVISIONS.

1. Lease is contingent to background check approval by Landlord.
2. Tenant must give thirty days’ notice with their intent to vacate the Premises.

38. DISTURBANCES AND VIOLATION OF LAWS. In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Landlord and Tenant agree as follows:

a. Tenant, any members of the Tenant’s household or a guest or other person under the Tenant’s control shall not engage in illegal activity, including drug-related illegal activity, on or near the said premises.

“Drug-related illegal activity” means the illegal manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 or the Controlled Substance Act [21 U.S.C. 802]) or possession of drug paraphernalia.

b. Tenant, any member of the Tenant’s household or a guest or other person under the Tenant’s control shall not engage in any act intended to facilitate illegal activity, including drug-related illegal activity, on or near the said premises.

c. Tenant or members of the household will not permit the dwelling to be used for, or to facilitate illegal activity, including drug-related illegal activity, regardless or whether the individual engaging in such activity is a member of the household.

d. Tenant or members of the household will not engage in the manufacture, sale, or distribution of illegal drugs at any locations, whether on or near the dwelling unit premises or otherwise.

e. Tenant, any member of the Tenant’s household, or a guest or other person under the Tenant’s control shall not engage in acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the rental agreement that otherwise jeopardizes the health, safety or welfare of the landlord, his agents or tenants.

f. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY.

A single violation of any of the provisions of this added addendum shall be deemed a serious violation and material non-compliance with the lease. It is understood and agreed that a single violation shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by the preponderance of the evidence.

39. APPLICATION FOR LEASE. Tenant acknowledges that the statements and representations made in the signed application for said premises are true, that they are deemed a part of this Lease, and the falsity of any of them shall constitute a breach hereof. Tenant Agrees to vacate the property immediately and forfeit their security deposit, if background check application finds any issues such as felonies, or criminal convictions or any other information proved falsified with intention to deceive landlord into allowing them access to home before background check is completed.

40. VEHICLE PARKING. No automobile, truck, motorcycle, trailers or other such vehicles shall be parked on the property without current license plates and said vehicles must be in operating condition. Such vehicles may be parked in driveways or other designated parking area, if provided, or in the street.

41. LANDLORD’S RESPONSIBILITIES AND DUTIES. In compliance with applicable State law, Landlord shall maintain:

1. Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

2. Plumbing or gas facilities which conformed to applicable law in effect at the time of installation, maintained in good working order.

3. A water supply approved under applicable law, which is under the control of the tenant, capable of producing hot and cold running water, or a system which is under the control of the landlord, which produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.

4. Heating facilities which conformed with applicable law at the time of installation, maintained in good working order.

5. Electrical lighting, with wiring and electrical equipment which conformed with applicable law at the time of installation, maintained in good working order.

6. Building, grounds and appurtenances at the time of the commencement of the lease or Lease agreement in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.

7. An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or Lease agreement, with the landlord providing appropriate serviceable receptacles thereafter, and being responsible for the clean condition and good repair of such receptacles under his control.

8. Floors, stairways, and railings maintained in good repair.

9. Compliance with the requirements of applicable building and housing codes materially affecting health and safety, including but not limited to installing dead-bolt locks on all swinging entrance doors, and installing window locking devices.

10. Compliance with the requirements of any other applicable State, County or municipal law, statute or code not herein listed.

But landlord shall have no duty to maintain any of the above if the noncompliance is the fault of the Tenant

42. TENANT’S RESPONSIBILITIES AND DUTIES. In compliance with applicable State law, Tenant covenants:

1. To keep that part of the premises which he/she occupies and uses clean and sanitary as the condition of the premises permits.

2. To dispose from his dwelling unit of all rubbish, garbage and other waste, in a clean and sanitary manner.

3. To perform routine yard maintenance, this includes mowing the grass and a reasonable amount of weeding the landscaping beds. Any failure to maintain the property in an acceptable manner which leads to fines by any governmental or quasi-governmental body shall be borne by Tenant. Tenant shall have full responsibility to pay all fines in relation to poor yard maintenance.

4. To remove snow from the driveway, sidewalk, and entrances within 24 hours of snowfall. Any failure to maintain the property in an acceptable manner which leads to fines by any governmental or quasi-governmental body shall be borne by Tenant. Tenant shall have full responsibility to pay all fines in relation to poor snow maintenance.

5. To properly use and operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits.

6. Not to permit any person on the premises, with his permission, to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto, nor himself do any such thing.

7. To occupy the premises as his abode, utilizing portions thereof for living, sleeping, cooking or dining purposes only which were respectively designed or intended to be used for such purposes.

8. To refrain from parties disturbing to the neighbors.

9. To prohibit the following items from being in the dwelling: motorcycles, auto parts, gaming tables, illegal drugs or paraphernalia, and stole property.

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

43. SURRENDER OF PREMISES. Tenant will, upon termination of this Lease, surrender the premises and all fixtures and equipment of Landlord therein, in good clean and operating condition, ordinary wear and tear excepted. Tenant shall, at time of vacating premises, clean said premises including stove and refrigerator and remove trash from the premises. Upon vacating the premises Tenant shall deliver all keys thereto to the Landlord or his Agent within twenty-four (24) hours after vacating. Failure to comply will be cause to charge Tenant for changing locks.

44. EXTENDED ABSENCES BY TENANT AND NOTICE THEREOF. Tenant will notify Landlord in advance if Tenant will be away from the premises for seven (7) or more consecutive days. During such absence, Landlord may enter the premises at times reasonably necessary to maintain the property and inspect for needed repairs. If such absences are customary and frequent, the expected frequency and duration of absence should be summarized here:

45. PROPERTY DAMAGE – DESTRUCTION OF PROPERTY. If the premises are rendered totally unfit for occupancy by fire, act of God, act of rioters or public enemies, or accident, the term of this Lease shall immediately cease upon the payment of rent apportioned to the day of such happening. If, however, the premises are only partially destroyed or damaged and Landlord decides to repair the same, such repairs shall be made by Landlord without unreasonable delay, and there shall be abatement in rent in proportion to the relationship the damaged portion of the leased premises bears to the whole of said premises. Tenant, Tenant’s guests and invitees of either Tenant or Tenant’s guests will not engage in any activity or action that may cause severe property damage.

46. HOLD HARMLESS. To the fullest extent permitted by applicable Minnesota law, Landlord and his Agent will be held free and harmless from any and all loss, claim or damage by reason of any accident, injury, or damage to any person or property occurring on or about the leased premises, unless such accident, injury, or damage shall be caused by the negligence of the Landlord, its agents, servants and/or employees.

47. REMEDIES – CUMULATIVE. 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 Minnesota law.

48. NOTICE OF INJURIES ON PREMISES. 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 of said injury or damage. Failure to provide such notice shall constitute a breach of this Lease.

49. WAIVER. Any waiver of a default hereunder shall not be deemed a waiver of this agreement or of any subsequent default. Acquiescence in a default shall not operate as a waiver of such default, even though such acquiescence continues for an extended period of time.

50. GROUNDS FOR TERMINATION OF TENANCY. The failure of Tenant, guests and invitees of either tenant or guests to comply with any term of this Lease is grounds for termination of the tenancy, with appropriate notice to Tenant and procedures as required by law.

51. AGENTS AND AUTHORITY TO RECEIVE LEGAL PAPERS. Any notice which either party may or is required to give, shall be in writing and may be given by mailing the same, by certified mail, and shall be deemed sufficiently served upon Tenant if and 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 to Tenant at the premises. If Tenant is more than one person, then notice to one shall be sufficient as notice to all. The Landlord, any person managing the premises and anyone designated by the Landlord as agent are authorized to accept service of process and receive other notices and demands, which may be delivered to:

_______________(Landlord address).

 

52. TIME. Time is of the essence of this agreement.

53. EMINENT DOMAIN. If the premises or any part thereof or any estate therein, or any other part of the building materially affecting Tenant’s use of the premise, shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent shall be apportioned as of the termination date, and any rent paid for the period beyond that date shall be repaid to Tenant. Tenant shall not be entitled to any part of the award for such taking or any payment in lieu thereof.

54. ENTIRE AGREEMENT. This document and any Attachments constitutes the final and entire Agreement between the parties hereto, this document supersedes any prior agreements or leases, and Landlord or Tenant has made no promises of representations, other than those contained here and those implied by law. Neither Landlord nor Tenant shall be bound by any terms, conditions, statements, warranties or representations, oral or written, not herein contained unless made in writing and signed by both Landlord and Tenant.

TENANT ACKNOWLEDGES RECEIPT OF AN EXECUTED COPY OF THIS LEASE

Landlord/Agent’s Signature:
Title:
Date:
Address:

Phone:

Witness to Landlord’s Signature:
Print Name: Date:

Tenant’s Signature:
Print Name: Date:

Witness to Tenant’s Signature:
Print Name: Date: