RESIDENTIAL LEASE AGREEMENT

 

 

BY THIS AGREEMENT made and entered into on January 15^th, 2009,

 

between             

     Robert Miller          herein referred to as Lessor,

 

and

     John Johnson (DOB is -- / -- / ----) and Jane Johnson (DOB is -- / -- / ----)         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 #YYY with parking stall #XXX

 

together with all appurtenances, for a term of one (1) year,

- to commence on November 1^st, 2009, and

- to end on October 31^st, 2010, 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 1^st day of each calendar month beginning, November 1^st, 2009, at 1004 South Robert Street, City of West Saint-Paul, State of Minnesota, MN 55118, or at such other place as Lessor may designate.

 

3.       Terms:

The term of the lease agreement is: one (1) year,

- to commence on November 1^st, 2009, and

- to end on October 31^st, 2010, 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 “Robert Miller”. Cash will not be accepted.

 

7.       Rents Payable:

All rents shall be paid to Lessor at the address given below for receipt of notices:

Robert Miller

1004 South Robert Street

West Saint-Paul, MN 55118

 

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 (5^th) 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

1. Refrigerator                                         Clean and used

2. Range                                                   New

3. Dish Washer                                       Clean and used

4. Wall A/C unit                                        New

5. Windows and screens                        All good - no broken

6. Doors and locks                                  Good

7. Lights                                                    All fixtures in good shape

8. Carpet                                                  Clean, no holes or cigarette burns

9. Walls                                                     New paint, no holes in the wall

10. Kitchen cabinets                                 Clean and undamaged

11. 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:

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.

1. The right by mailed or delivered notice to Lessee, to immediately terminate this lease.

2. The right, to enter the premises and take possession thereof pursuant to the laws of the State of Minnesota; upon such entry, Lessor may take possession of no-exempt personal property of Lessee(s) then found in the premises pursuant to the laws of the State of Minnesota.

3. It is further agreed that upon such default, lessor or his agents may enter premises and remove any items of furniture, which have been supplied by Lessor.

4. The acceptance by Lessor of partial payment of rent due shall not constitute a waiver of any rights of lessor not affect any notice of legal proceedings in unlawful detained therefore given commenced.

5. Lessee(s) agree(s) pay all the expenses, including but not limited to attorney’s fees by Lessor in enforcing any of the terms of this lease, even if rent is paid after legal action is started.

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.   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.

 

53.   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.

 

54.   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.

 

55.   Governing law:

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

 

56.   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.

 

57.   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.

 

58.   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:

1. Minnesota Statutes, Sections 609.75 through 609.76, which prohibit gambling;

2. Minnesota Statutes, Section 609.321 through 609.324, which prohibits prostitution and acts relating thereto;

3. 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;

4. Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of alcoholic beverages;

5. Section 389.65 of this Code, which prohibits noisy assemblies;

6. 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;

7. 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.

 

59.   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.

 

60.   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.

 

61.   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.

 

62.   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.

 

63.   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.

 

64.   Security not promised:

Notwithstanding whatever measures Lessor may take to maintain or improve the security of the premises, the parties hereby expressly acknowledge that the premises are not to be considered a security building which would subject Lessor to a higher degree of care.

 

65.   Non smoking premises:

Smoking is absolutely forbidden in these premises.  Smoking is allowed in other units, and tobacco smoke from those units may drift into the unit that is the subject of this Agreement. By signing below, Lessee acknowledges having been informed that tobacco smoke may drift into the unit that is the subject of this Agreement. Lessee hereby waives any right to a cause of action for nuisance related to smoking units.

 

66.   Radon Gas Disclosure:

As required by law, Lessor makes the following disclosure: “Radon Gas” is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in every state. Additional information regarding radon and radon testing may be obtained from your county public health unit.

 

67.   Lead Paint Disclosure:

“Every purchaser or lessee of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women.

The seller or lessor of any interest in residential real estate is required to provide the buyer or lessee with any information on lead-based paint hazards from risk assessments or inspection in the seller or lessor’s possession and notify the buyer or lessee of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.”

Lessor has no knowledge of lead-based paint or lead-based paint hazards in the premises. Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the premises.

 

68.   Failure to Give Possession:

If Lessor cannot provide the premise to lessee(s) at the start of this lease agreement, or, if the premise is destroyed or damaged so that it is unfit to occupy due to any cause, for any reason, and regardless of which party may be at fault, Lessor will  not be in default and Lessee(s) cannot sue Lessor for any resulting damages. Lessor may cancel this lease agreement immediately and may choose not rebuild or restore the premise. Lessee(s) shall not start paying rent until Lessee(s) gets possession of the premises.

 

69.   Other Terms:

 

70.   Lessee’s acknowledgment:

Lessee(s) acknowledge(s) that the Lessee(s) has(ve) this agreement, and has(ve) not relied upon any oral provisions or warranties made by the Lessor or any of its agents and that has(ve) received an executed copy of this agreement.  In addition, if this agreement is not sign by all parties refereed to herein as Lessee(s), the one signing warrants that he or she has the express authority to sign for the other.

 

 

Lessor:                   _____________________________________

   

Date Signed:           _____________________________________

 

 

 

Lessee:                   _____________________________________

 

Lessee:                   _____________________________________

 

Date Signed:            _____________________________________