RESIDENTIAL LEASE
AGREEMENT
BY THIS AGREEMENT made and entered into on October 15th,
2008,
between Alain BERTHELOT herein referred to as
Lessor,
and Jean JOHNSON (DOB is 01/01/1900)
and John JOHNSON (DOB is 01/01/1950)
herein referred to as Lessee.
Lessor leases to Lessee the premises situated at 175 East County
Road B2, in the City of Little Canada, County of Ramsey, State of Minnesota, MN
55117, and more particularly described as follows: Unit #XXX with parking stall #XX
together with all appurtenances, for a term of one (1) year,
- to commence on January 1st, 2008, and
- to end on December 31st, 2008, at 12.00 o’clock pm.
1.
Terminology:
In this agreement the singular number where used
will include the plural, the masculine gender will include the feminine, the
term Owner will include Landlord, Lessor; and the term Resident will include
Tenant, Lessee.
2.
Rent:
Lessee agrees to pay, without demand, to Lessor as rent for the
demised premises the sum of seven hundred and fifty Dollars ($750.00) per month
in advance on the 1st day of each calendar month beginning, January 1st,
2008, at
689 East County Road D #104, City of Vadnais Heights, State of Minnesota, MN
55117, or at such other place as Lessor may designate.
3.
Terms:
The term of the lease agreement is: one (1) year,
- to commence on January 1st, 2008, and
- to end on December 31st, 2008, at 12.00 o’clock pm
This lease shall thereafter automatically renew
at the end of each calendar month for one additional calendar month unless and
until either party gives the other thirty (30) days prior written notice of
termination.
4.
Security Deposit:
A security deposit in
the amount of seven hundred and fifty ($750.00) dollars shall be paid by
Lessee(s) at the time of their signing this lease. The security deposit will
not gather interest. Within twenty-one days after Lessee(s) have vacated the
premises, the Lessor shall return either all or a portion of said security
deposit. If any portion of the security deposit is withheld, a written
explanation will be provided to Lessee(s). Lessor may withhold from the deposit
only amounts reasonably necessary:
-
To remedy Lessee defaults in the payment of rent or of other funds due to the
Lessor pursuant to an agreement,
-
To restore the premises to their condition at the commencement of the Tenancy,
ordinary wear and tear excepted.
Lessee’s Liability is
not limited to the amount of the security deposit. Lessee may not deduct the
security deposit from the last month’s rent.
5.
Move-in fees:
A move-in fee
of two hundred ($200.00) dollars is due prior to move-in. One hundred ($100.00)
dollars of the move-in fee is a non-refundable charge to cover the cost of
utilities (to program telephone, intercom, …) and other miscellaneous expenses
of the Canabury Pond Association. Lessee who complies with the established
move-in procedures is entitled to apply for a refund of the balance of the
move-in fee. The balance, if any, will be refunded within ten (10) days
following the next scheduled meeting of the board of Directors.
6. Payment
method:
Only checks and
money orders are accepted. Payment titles must be labeled to “Alain Berthelot”.
Cash will not be accepted.
7. Rents
Payable:
All rents shall be
paid to Lessor at the address given below for receipt of notices:
Alain Berthelot
18** East County Road
E
White Bear Lake, MN
55110
8. Rent
increase:
Lessor
reserves the right to increase the rent on the subject premises during the extended period of time upon thirty (30) days written notice, if required as a
result of an increase in utilities, insurance, taxes, association fees or other
operating expenses.
9. Who
is responsible for the rent:
If there is more than
one resident on this lease, each resident is jointly and severally liable for
each provision of this lease. This means that each resident is individually
responsible for paying the full amount of the rent, fees and other charges to
Lessor when due.
10. Multiple
Lessees:
All notices made by
Lessor to one of the Lessee are biding upon all the Lessees. The amount of any
refund of a security deposit will be calculated without regard to which
Lessee(s)’ conduct resulted in a charge and any refund due to lessee(s) will be
by one payment jointly payable to all Lessees.
11.
Number of Occupants:
Lessee agrees
that the demised premises shall be occupied by no more than two (2) persons,
consisting of two (2) adults and zero (0) children under the age of 18 years,
without the written consent of Lessor. If Lessor, with written consent,
authorizes additional persons to occupy the premises, the rent shall be
increased by one hundred dollars ($100) per month for each additional person.
Occupancy by Lessee’s guests staying over 7 days without Lessor’s written
consent, shall be in violation of this agreement and the rent shall be
immediately increased by one hundred and fifty dollars ($100) per month for
each additional person. No names are permitted on mailboxes other than those
that are listed on this lease agreement.
12. Late
Charges:
If Lessee(s) fail(s)
to deliver such rent to Lessor on or before midnight of the fifth (5th)
day after the due date, then Lessee(s) shall pay the sum of one hundred
($100.00) dollars as a late payment penalty. In addition, if Lessee(s) rent
check is returned by the bank, Lessee(s) shall pay a penalty of thirty five
($35.00) dollars, and, all service charges incurred by Lessor. After the second
time a Lessee’s check is returned from the bank, Lessee must thereafter secure
his/her payment with a cashier’s check or money order for the payment of the
rent.
13.
Interest:
Interest shall occur at the yearly rate of eight percent (8%) for
any amount due to Lessor hereunder, including but not limited to any expenses
incurred by Lessor for cleaning, repair or maintenance, which remain unpaid
seven days after Lessor incurs the expenses or lessee vacates the premises,
whichever is earlier.
14.
Utilities:
Lessee shall be responsible for arranging for and paying for all
utility services required on the premises: electricity, phone, DSL, cable,
internet.
15.
Accounting method:
All payments received by Lessor will be applied first toward any
late fees and/or other additional charges, then toward rent.
16.
Use of Premises:
The demised
premises shall be used and occupied by Lessee exclusively as a private single
family residence, and neither the premises nor any part thereof shall be used
at any time during the term of this lease by Lessee for the purpose of carrying
on any business, profession, or trade of any kind, or for any purpose other
than as a private single family residence. No licensed daycare or babysitting
is allowed in the unit. Lessee shall comply with all the sanitary laws,
ordinances, rules, and orders of appropriate governmental authorities affecting
the cleanliness, occupancy, and preservation of the demised premises, and the
sidewalks connected thereto, during the term of this lease.
17.
Security
devices:
Lessees, occupants,
and those presents with lessees shall not disable, disconnect, or remove
batteries from smoke detectors, as this will be considered a material of breach
of the terms of this lease agreement. Lessees will maintain all security and
safety devices on the premise. This means replacing any batteries or taking any
actions necessary to maintain in good working and operating conditions all
security and safety devices. If lessees install additional security devices,
Lessor must be given the keys, codes and operating manuals of devices
immediately.
18.
Condition of Premises:
Lessee stipulates that he has examined the demised premises,
including the grounds and all buildings and improvements, and that they are, at
the time of this lease, in good order, repair, and a safe, clean, and leaseable
condition. Lessee acknowledges receipt of the furnishings
listed below, and accepts the premises and any such furnishings in the
conditions as listed. If the Lessee(s)
shall find the conditions not as listed or the furnishings listed incorrectly,
then lessee shall deliver to Lessor a written statement of discrepancies within
three (3) days after taking possession.
Otherwise, it will be conclusively presumed that the items and
conditions are correct, and lessee will be responsible for all loss, breakage,
burns and other damage not designated.
Item Condition
h.
Walls New
paint, no holes in the wall
i.
Kitchen cabinets Clean and
undamaged
j. Bathroom cabinets Clean and undamaged
19.
Quiet Enjoyment:
Lessor covenants that on paying the rent and performing the
covenants herein contained, Lessee shall peacefully and quietly have, hold, and
enjoy the demised premises for the agreed term. Lessee and Lessee’s family,
guests and invitees shall not disturb, harass, annoy, imperil or otherwise
interfere with the peaceful enjoyment of other lessees in the building, the
neighbors, Lessor, his agents or workmen. Nor shall Lessee or Lessee’s family,
guests and invitees violate any law, ordinance, or health code, or commit or
permit waste or nuisance in or about the premises.
20.
Liability:
Lessor shall
not be liable for any loss of property by fire, burglary or otherwise from said
premises or building. Lessor also shall not be liable for any death or losses
or accidental damages to person or property or about the premises or building,
or from pipes, plumbing, sprinklers or any electrical connections thereof, or
by any other causes whatever (theft, burglary, rape, assault, battery, arson,
mischief or other crime, vandalism, fire, smoke, water, lightening, rain,
flood, water leaks, hail, ice, snow, explosion, sonic boom, interruption of the
utilities, electrical shock defect, latent defect in installations, acts of
other residents, unexplained phenomena, …), and the Lessee(s) shall make no
claim for any such loss or damage. Lessor suggests, but not requires, that
Lessee(s) obtain(s) its own renter’s insurance to protect against all the above
and similar occurrences. Lessee agrees to purchase and maintain renters
insurance, with an insurance carrier duly licensed in the State of Minnesota,
during the entire term of this Lease and any subsequent periods to protect
against injuries or property damage and rent loss. Lessee will provide Lessor with
valid certificate of insurance verifying coverage for the term of this Lease.
Lessee is ENCOURAGED to purchase their own liability and personal property
insurance. The insurance carried by the Canabury Pond Condominium Association
does not cover personal property or personal liability.
21.
Acts of third parties:
Lessor is not responsible for the
actions or for any damages, injury or harm caused by third parties (such as
other residents, guests, intruders or trespassers) who are not under Lessor's
control.
22.
Assignment and Subletting:
Without the
prior written consent of Lessor, Lessee shall not assign this lease, or sublet
or grant any concession or license to use the premises or any part thereof. A
consent by Lessor to one assignment, subletting, concession, or license shall
not be deemed to be a consent to any subsequent assignment, subletting,
concession, or license. An assignment, subletting, concession, or license
without the prior written consent of Lessor, or an assignment or subletting by
operation of law, shall be void and shall, at Lessor’s option, terminate this
lease.
23.
Alterations and Improvements:
Lessee shall not make nor allow to be made any alterations to the
buildings on the demised premises or construct any building or make other
improvements on the demised premises without the prior written consent of
Lessor. All alterations, changes, and improvements built, constructed, or
placed on the demised premises by Lessee, with the exception of fixtures
removable without damage to the premises and movable personal property, shall,
unless otherwise provided by written agreement between Lessor and Lessee, be
the property of Lessor and remain on the demised premises at the expiration or
sooner termination of this lease. All alterations must
be in compliance with the requirements of all the codes of the City of Little
Canada. All contractors used to work on the alterations must be duly licensed
in the state of Minnesota and in the city of Little Canada. Alteration’s
material, installation, permit, license and any other concepts related to are
at Lessee’s expense.
24.
Damage to Premises:
If the demised premises, or any part thereof, shall be partially
damaged by fire or other casualty not due to Lessee’s negligence or willful act
or that of his employee, family, agent, or visitor, the premises shall be
promptly repaired by Lessor and there shall be an abatement of rent
corresponding with the time during which, and the extent to which, the leased
premises may have been unlesseeable; but, if the leased premises should be
damaged other than by Lessee’s negligence or willful act or that of his
employee, family, agent, or visitor to the extent that Lessor shall decide not
to rebuild or repair, the term of this lease shall end and the rent shall be
prorated up to the time of the damage.
25.
Appliances:
The house is rented with the following
appliances: Refrigerator, dishwasher and Stove. Other appliances may be included in the rental property that are
the sole responsibility of the Lessee to upkeep. The Lessor will not be responsible for the upkeep of these
appliances and does not warrant the condition of these appliances. The above
rental payment specifically EXCLUDES any appliances other than the
refrigerator, dishwasher and stove.
Such appliances that are in the property are there solely at the
convenience of the Lessor, who assumes no responsibility for their
operation. Any
personal property remaining on the Premises may be used by the Lessee, however
Lessee assumes sole responsibility to keep said personal property in working
and/or operating condition, and agrees to return said personal property to the
Lessor at the termination of this Lease Agreement in the same or better
condition, reasonable wear excepted.
26.
Upkeep of the premises:
Lessee shall keep and maintain the premises in a clean and
sanitary condition at all times, and upon termination of the tenancy shall
surrender the premise to Lessor in as good condition as when received, ordinary
wear expected.
27.
Lock Policy:
No additional locks will be installed on any door
without the written permission of Lessor. Lessor will be given duplicate keys
for all locks so installed at the Lessee's expense, before they are installed.
28.
Keys:
Lessee will be given the following keys:
a.
Two (2) keys of the entrance of the building (all opens the underground
parking door, pool door, fitness room),
b.
Two (2) keys of the mailbox,
c.
Two (2) key of the apartment.
If any of the keys are not return to Lessor following termination
of the lease, Lessee shall be charged fifty dollars ($50.00) for each
occurrence.
29.
Plumbing and Electricity:
Lessee agrees not to put or pour any debris, grease, paper towels,
Q-tips, tampons, newspaper, food, or any other matter in the sink drain or
toilets. Lessee agrees to pay the ENTIRE AMOUNT on bills for all sewer cleaning
services resulting from clogged pipes/sewer back-up. Lessee must not overload
electrical circuits. Only two electrical operated items may be plugged in any
electrical receptacle.
30.
Vehicle Policy:
The Lessee agrees never to park or store a motor
home, camper, trailer, boat, or any sort of recreational vehicle on the
premises and to park only automobiles only on the paved areas provided. Junk cars, cars on blocks, non-functional
vehicles, or unlicensed automobiles are not permitted on property. Removal will be at the expense of the
Lessee. Lessee agrees that any vehicle
parked on unpaved areas may be towed and stored at Lessee expense. Lessee agrees to pay for any fines resulting
from a summons issued to Lessor resulting from improper parking. Lessee will be charged a three-hundred-fifty
dollar ($350.00) court charge along with the cost of all other fines, if the
Lessor is required to go to court. The Lessee must follow rules and laws of the
city Parking Department concerning parking. Lessee must obtain all necessary
parking permits and information for himself and guests. Lessor is not responsible for Lessee’s
parking needs. Off street parking is
not provided by Lessor, unless otherwise noted in this agreement. N o
honking of car horns from the parking lot or street is allowed. No car work or
car maintenance is allowed in the underground parking or parking lot.
31.
Phone:
Lessor will be given the phone number within two
working days of installation and will be notified within two working days of
any future changes in the phone number.
32.
Dangerous Materials:
Lessee shall not keep or have on the leased premises any article
or thing of a dangerous, inflammable, or explosive character that might
unreasonably increase the danger of fire on the leased premises or that might
be considered hazardous or extra hazardous by any responsible insurance
company.
33.
Waterbeds, liquid-filled furniture and aquariums:
No liquid-filled furniture or aquariums may be kept on the
premises.
34.
Balconies:
No rugs shall be shaken on the fire
escapes, balconies, walls or corridor. Dust, rubbish or litter may not be swept
from the unit into any of the halls or entryways of the building. Nothing may
be placed or permitted in the windows, doors or balconies which might fall or
be blown away or which, in the judgment of the Association would detract from
the appearance of the building. Nothing may be hung on the outside of the
windows.
35.
Patio furniture:
Only furniture which has been designed
specifically for outdoor or patio use may be used on the balconies. The
balconies may not be used as storage areas or for the hanging of clothes,
linens or towels. Bicycles may not be kept on the balconies. No barbecuing on
balconies or sundecks is allowed.
36.
Window coverings:
Lessee agrees that Lessor is not
responsible for providing any window curtains-or-shades. Windows in the unit
may not be covered with sheets or other materials which are not standard or
generally accepted curtains, drapes or shade material. Window coverings should
be a neutral color from the outside.
37.
Recreational toys:
No bicycles, rollerblades, skateboards
or any other recreational toys are to be used in the common areas, entryways,
hallways, stairwells and corridors.
38.
Laundry room:
Washers and dryers shall be used in the
manner and at the times the Association directs. Laundry work shall be done
only in the room provided for such purposes. Lessor is not responsible for any
damage to clothes due to using the machines. Washers or dryers may not be kept
in the unit.
39.
Right of Inspection:
Lessor and its authorized agents, may enter the apartment at any
reasonable time to inspect, improve, maintain, or repair the apartment, or do
other necessary work, or to show the apartment to potential new lessees,
buyers, lenders, appraisers, insurance agents, or other product or service
providers. Lessee shall not unreasonably deny access to, or withhold consent to
enter the premises.
The Association and/or its authorized agents may enter the
apartment in order to make emergency repairs. If necessary, these parties may
do so without notice to Lessee.
Lessor may
enter by key, or other means if unauthorized locks have been installed. Costs
incurred by unauthorized locks are at Lessee’s expense. However, in no event
shall repair or replacement of locks made by Lessor be deemed a waiver of
Lessor’s right to hold Lessee(s) liable therefore.
40.
Maintenance and Repair:
Lessee will, at his sole expense, keep and maintain the leased
premises and appurtenances in good and sanitary condition and repair during the
term of this lease and any renewal thereof. In particular, Lessee shall keep
the fixtures in the apartment or on or about the leased premises in good order
and repair; keep the furnace clean; keep the electric bells in order; keep the
walks free from dirt and debris; and, at his sole expense, shall make all
required repairs to the plumbing, range, heating, apparatus, and electric and
gas fixtures whenever damage thereto shall have resulted from Lessee’s misuse,
waste, or neglect or that of his employee, family, agent, or visitor. Major
maintenance and repair of the leased premises, not due to Lessee’s misuse,
waste, or neglect or that of his employee, family, agent, or visitor, shall be
the responsibility of Lessor or his assigns. Lessee agrees that no signs shall
be placed or painting done on or about the leased premises by Lessee or at his
direction without the prior written consent of Lessor.
41.
Animals:
Lessees may not keep, even temporally, common
apartment holds pets such as dogs, cats, bird, rodent, reptiles or other pet or
animal of any kind without Lessor’s prior written consent. Lessor may charge and collect ten dollars
($10.00) per day per violation in addition to actual damages caused by the
animal. The presence of pet(s) shall constitute a
material breach of this lease.
Lessee
represents that he/she has NO pets at this time.
42. Display of Signs:
During the last thirty (30) days of this lease, Lessor or his
agent shall have the privilege of displaying the usual “For Sale” or “For Rent”
or “Vacancy” signs on the demised premises and of showing the property to
prospective purchasers or Lessees.
43.
Subordination of Lease:
This lease and Lessee’s leasehold interest hereunder are and shall
be subject, subordinate, and inferior to any liens or encumbrances now or
hereafter placed on the demised premises by Lessor, all advances made under any
such liens or encumbrances, the interest payable on any such liens or
encumbrances, and any and all renewals or extensions of such liens or
encumbrances.
44.
Holdover by Lessee:
Should Lessee remain in possession of the demised premises with
the consent of Lessor after the natural expiration of this lease, a new
month-to-month tenancy shall be created between Lessor and Lessee which shall
be subject to all the terms and conditions hereof but shall be terminated on
thirty (30)days’ written notice served by either Lessor or Lessee on the other
party. Lessor may then raise the rent by giving 30 days
written notice to Lessee(s).
45.
Surrender of Premises:
At the expiration of the lease term, or
upon its earlier terminate, Lessee shall quit and surrender the premises hereby demised
in as good state and condition as they were at the commencement of this lease,
reasonable use and wear thereof and damages by the elements excepted. Lessee(s)
shall move out of premises on or before the date this lease ends. If Lessee(s)
moves out after said date, Lessee(s) shall be liable to Lessor for any and all
resulting damages, including, but not limited to, lost rent, court costs, and
attorney fees.
46. Moving
Out Prior to End of Lease:
If Lessee(s) move(s)
out of premises prior to end of lease without specific written permission from
Lessor, Lessee(s) remain(s) liable for all rents due and owing to Lessor under
the terms of this lease.
47.
Waiver:
If Lessor fails
to exercise any right under this agreement, or fails to demand strict
compliance with its terms, or accepts partial compliance, such failure or
acceptance of partial compliance shall not be deemed a waiver of any such
rights or terms or right to full compliance. Lessor’s acceptance of rent with
the knowledge that Lessee is in default as to any other terms of the lease
shall not be deemed a waiver of any such default.
48.
Notices:
All notices
required or given pursuant to this lease shall be in writing and served in
accordance with state law. Where notice requirements are not spelled out by
law, notices shall be sent via first class mail to Lesse at the address of
these premises, to Lessor at the address for payment of rent, or by hand
delivery to any party.
49.
Default:
Upon breach of this
lease by Lessee(s), or Lessor, besides other rights and remedies he may have,
shall have all of the following remedies: The remedies provided the laws of the
State of Minnesota.
If any default is made in the payment of rent, or any part
thereof, at the times hereinbefore specified, or if any default is made in the
performance of or compliance with any other term or condition hereof, the
lease, at the option of Lessor, shall terminate and be forfeited, and Lessor
may re-enter the premises and remove all persons therefore.
50.
Abandonment:
If at any time during the term of this lease Lessee abandons the
demised premises or any part thereof, Lessor may, at his option, enter the
demised premises by any means without being liable for any prosecution
therefor, and without becoming liable to Lessee for damages or for any payment
of any kind whatever, and may, at his discretion, as agent for Lessee, re-let
the demised 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-letting, and, at Lessor’s option, hold Lessee liable for any difference
between the rent that would have been payable under this lease during the
balance of the unexpired term, if this lease had continued in force, and the
net rent for such period realized by Lessor by means of such re-letting. If
Lessor’s right of re-entry is exercised following abandonment of the premises
by Lessee, then Lessor may consider any personal property belonging to Lessee
and left on the premises to also have been abandoned, in which case Lessor may
dispose of all such personal property in any manner Lessor shall deem proper
and is hereby relieved of all liability for doing so.
51.
Binding Effect:
The covenants and conditions herein contained shall apply to and
bind the heirs, legal representatives, and assigns of the parties hereto, and
all covenants are to be construed as conditions of this lease.
52. Binding
on estate:
This agreement may be terminated upon one (1)
calendar month notice in the event of the death of any of the persons signing
this agreement. Notice may be given by the representative of the Lessee(s)
estate. Lessee(s) estate is liable for all rents owed prior to or for the
notice period.
53.
False or Misleading Rental Application:
If Lessor determines that any oral or written
statement made by Lessee in the rental application or otherwise are not true or
complete in any way, then Lessee has violated this Lease and may be evicted.
54. Attorneys
Fees:
If Lessor is
reasonably forced to bring any legal action against Lessee, Lessee must pay
Lessor’s reasonable attorneys fees and court costs.
55.
Recording of agreement:
Lessee shall not record this Agreement on the Public Records of
any public office. In the event that
Lessee shall record this Agreement, this Agreement shall, at Lessor's option,
terminate immediately and Lessor shall be entitled to all rights and remedies
that it has at law or in equity.
56.
Governing law:
This Agreement shall be governed, construed and interpreted by,
through and under the Laws of the State of Minnesota.
57.
Lease is Subject to Mortgage:
The apartment building may be mortgaged or may
be subject to a contract for deed. Lessee agrees that the rights of the holder
of any present of future mortgage or contract for deed are superior to Lessees
rights. For example, if a mortgage on the apartment building is foreclosed, the
person who forecloses on the apartment building may, at their option, terminate
Lessee’s Lease.
58. Canabury
Pond Association:
The Primary Documents of the Canabury
Pond Condominium Association are Part of the Lease. Any attachments to this
Lease are a part of this Lease. If a term of any attachment conflicts with any
term of this Lease, the attachment term will be controlling. The Declaration,
the Bylaws, and the Rules and Regulations of Canabury Pond Condominium
Association are a part of this lease, and are subject to be changed at anytime.
VIOLATIONS OF THESE DOCUMENTS ARE A VIOLATION OF THIS LEASE. This Lease and its
attachments and any other written agreements are the entire agreement between
Lessee and Lessor. There are no oral agreements.
59. Compliance with Laws, Ordinances and
Statutes:
Lessee(s), occupant(s), guest(s) or
others present at the Premise, must comply with all laws, ordinances, statutes
and codes of the City of Little Canada and of the state of Minnesota, Minn.
Stat. Ann. §§ 504B.001 to 504B.471, and other, such as:
a. Minnesota
Statutes, Sections 609.75 through 609.76, which prohibit gambling;
b. Minnesota
Statutes, Section 609.321 through 609.324, which prohibits prostitution and
acts relating thereto;
c. Minnesota
Statutes, Sections 152.01 through 152.025, and Section 152.027, Subdivisions 1
and 2, which prohibit the unlawful sale or possession of controlled substances;
d. Minnesota
Statutes, Section 340A.401, which prohibits the unlawful sale of alcoholic
beverages;
e. Section
389.65 of this Code, which prohibits noisy assemblies;
f.
Minnesota Statutes, Sections 97B.021, 97B.045,
609.66 through 609.67 and 624.712 through 624.716, and section 393.40, 393.50,
393.70, 393.80, 393.90 and 393.150 of the Code, which prohibit the unlawful
possession, transportation, sale or use of a weapon;
g. Minnesota
Statutes, Section 609.72, and Section 385.90 of this Code, which prohibit disorderly conduct, when the violation
disturbs the peace and quiet of the occupants of at least one (1) unit on the
premises or other premises, other than the unit occupied by the person(s)
committing the violation.
A
violation of any local laws, ordinances or policies is considered a material
breach of this lease. Lessee shall also
comply with all federal provisions and authorities now in force, or which
hereafter be in force, pertaining to the use of the premises and their
surroundings.
60.
Communities’ policies:
Lessee(s), occupant(s), guest(s) or others
present at the Premise, must comply with all written an verbal Community
policies which are made a part of this lease agreement. Lessor may make
reasonable policy changes that apply to Lessee(s) by delivering them to
Lessee(s) in writing. All policy changes are effective immediately and are part
of this lease agreement. A violation of any community policy is considered a
material breach of this lease.
61.
Illegal activities:
Lessee(s) and Lessee’s family, guest(s),
occupant(s), invitee(s), resident(s), any members of the resident’s household,
or other person under the resident’s control, shall not engage in criminal
activity, including drug-related criminal activity, on or near the said
premises. “Drug-related criminal
activity” means the illegal manufacture, sale, distribution, use or possession
with intent to manufacture, sell, distribute, or use of a controlled substance
(as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]).
Lessee(s) and Lessee’s family, guest(s), occupant(s), invitee(s), resident(s),
any members of the resident’s household, or other person under the resident’s
control, shall not engage in any act intended to facilitate criminal activity,
including drug-related criminal activity, on or near the said premises.
Lessee(s) and Lessee’s family, guest(s), occupant(s), invitee(s), resident(s),
any members of the resident’s household, or other person under the resident’s
control will not permit the residence to be used for, or to facilitate criminal
activity, including drug-related criminal activity regardless of whether the
individual engaging in such activity is a member of the household, or a guest.
Lessee(s) and Lessee’s family, guest(s), occupant(s), invitee(s), resident(s),
any members of the resident’s household, or other person under the resident’s
control, shall not engage in the unlawful manufacturing, selling, using,
storing, keeping, or giving of a controlled substance at any location, whether
on or near the residence or otherwise. Lessee(s) and Lessee’s family, guest(s),
occupant(s), invitee(s), resident(s), any members of the resident’s household,
or other person under the resident’s control, shall not engage in any criminal
activity, including prostitution, criminal street gang activity, threatening,
intimidating, or assaultive behavior including but not limited to the unlawful
discharge of firearms, on or near the residence premises, or any breach of the
lease agreement that otherwise jeopardizes the health, safety, and welfare of
the landlord, his agent or other residents and/or involving imminent or actual
serious property damage. It is understood and agreed that a single violation
shall be good cause for termination of this lease. Violation of the above provisions shall be a material and
irreparable violation of the lease agreement and a good cause for immediate termination of the tenancy.
Unless otherwise provided by law, proof of violation shall not require criminal
conviction, but shall be by the preponderance
of the evidence.
62. Eviction:
Lessee may be evicted immediately and without
prior notice if Lessee violate any term of this agreement. Lessor may bring an
eviction action if Lessee does not move out voluntarily. If lessor does not
immediately sue or evict Lessee after Lessee violates a term of this agreement,
Lessor may still sue or evict Lessee for that or any other violation later.
63.
Eviction for unlawfull activities:
Under state law, any violation of the covenants
against unlawfull activities, Minnesota Statutes Section 504B.171 voids the
Lessee(s)’ rights to possession of the premise and are grounds for an automatic
eviction.
64.
Duty to pay after eviction:
If Lessee is evicted because Lessee
violated a term of the lease agreement, Lessee must still pay the full monthly
rent until:
1) the apartment is re-rented;
2) the date this lease ends;
3) if the lease is month-to-month, the next notice period ends.
If the premise is re-rented for less
than the rent due under this lease, Lessee will be responsible for the
difference until the date this lease ends or, if the Lease is month-to-month,
until the end of the next period.
65.
Personal property secures the payment of the rent or any amount
due to Lessor:
Lessor has a security interest in the
Resident’s personal property including all tools, household goods and fumiture
located in the premise or any storage areas rented from Lessee to secure the
payment of all amounts due to Lessor under this Lease. Lessor shall have the
right to enforce this security interest in accordance with the Uniform
Commercial Code whenever Lessee fails to pay any amount due under the terms of
this Lease.
66.
House rules:
Lessee and Lessee’s family, guests and invitees shall abide by all
written house, pool, laundry and other rules which are hereby
incorporated by reference and form a part of this agreement.
67.
Security not promised:
Notwithstanding whatever measures Lessor may take to maintain or improve the security o