RIVERBEND APARTMENT LEASE FOR A RENTAL PROPERTY MANAGED BY RIVERBEND DEVELOPMENT

Transcription

1 RIVERBEND APARTMENT LEASE FOR A RENTAL PROPERTY MANAGED BY RIVERBEND DEVELOPMENT 1 This lease of the Apartment identified below is entered into by and between the Landlord and Tenant (referred to in 2 the singular whether one or more) on the following terms and conditions: Parties 3 Tenant: Landlord: Riverbend Development 4 Agent for: Riverbend Development 5 Maintenance (name) 6 Management: 806 S. 48 th Ave., Wausau, WI (address) 8 Office Hours: 9:00am to 6:00pm Phone Apartment 9 Building address: Agent for: Same as above. Address 10 collection (name) 11 (street) of rents:. 12 _ (address) 13 (city, village/town) 14 Agent for Same as above. 15 (county) (state) (zip) service of (name 16 process:. 17 (address) Apartment number: Garage number: Opener Included. Term 21 Lease term: Minimum one year stay. See line 30 for further details. 22 First day of lease term: Last day of lease term: 23 important: Proper notice is a 45-day written notice so unit comes open on the first day of a month! Rental 24 Apartment: $ per Month. If submitting multiple checks, they must all be submitted together. 25 Payable: By Mail 806 S. 48 th Ave. Wausau, WI or in Landlords correspondence mail slot. 26 on or before the first day of each month during the term of this lease. A late fee of $30.00 will be added to rent 27 if tenant doesn't have rent in Landlord's office by 3rd.day of the month. Utilities 28 Utility charges are included in the rent, except: Telephone and Electricity which tenant shall pay promptly 29 when due.see Item 14 of addendum. One-Year stay 30 If minimum one-year isn't honored and/ or improper notice is given to move, tenant understands he/she is liable for 31 rent until unit re-rents and cost of the re-rental. Re-rental costs are $ office handling, lease preparation, 32 commission fee; plus advertising. Special Conditions Renewal of Lease Term Security Deposit 33 Special condition: Tenant agrees: To thoroughly clean unit when tenancy ends. See item 3 of addendum concerning 34 cleaning, to abide by the attached Addendum Rules' which are attached hereto as Exhibit A and are 35 incorporated into this agreement as if set forth in full. Tenant has received a copy of this lease plus attached Exhibits 36 and addendums and has reviewed all lease terms prior to signing. 37 Initial: This lease shall be automatically renewed, without notice from either party, on identical terms for a like successive 40 lease term unless either party shall, at least 45 days before the expiration of the lease, notify the other in writing of the 41 termination of the lease. However, Landlord must, at least 15 days but not more than 30 days prior to the time 42 specified for giving the notice as herein set forth notify Tenant in writing of the above provision for automatic 43 renewal or extension Notice required so unit comes open on the first day of the month Upon execution of this lease Tenant paid a security deposit in the amount of $ to be held by 49 Riverbend Development. 50 If the person holding the security deposit is a licensed real estate broker, acting as agent, it shall be held in the broker's 51 trust account. The deposit, less any amounts withheld, will be returned in person or mailed to Tenant's last known 52 address within 21 days after Tenant vacates the premises. If any portion of the deposit is withheld, Landlord will provide 53 an accompanying itemized statement specifically describing any damages and accounting for any amount withheld. Page 1 of 3

2 54 The reasonable cost of repairing any damages caused by Tenant, normal wear and tear expected, will be deducted from 55 the security deposit. Tenant has 7 days after the beginning of the lease term to notify Landlord in writing of damages or 56 defects in the premises; no deduction from Tenant's security deposit shall be made for any damages or defects of which 57 notification is given. Landlord will give Tenant a written description of any physical damages charged to the previous 58 tenants security deposit as soon as such description is available. 59 (A check-out inspection outline is furnished to tenant at this lease signing to indicate clean condition unit 60 must be left in) Initial: Vacation of 61 Tenant agrees to vacate the premises at the end of the lease term or the extended lease term, and promptly deliver the Premises 62 keys to Landlord, and be out by 12 noon at the latest on the last day of vacating month. Landlord's 63 Landlord may enter the premises at reasonable times and with 12 hours advance notice, with or without Tenant's Right to 64 permission to inspect the premises, make repairs, show the premises to prospective tenants or purchasers, or to Enter 65 comply with any applicable law or regulation. Landlord may enter with less than 12 hours advance notice upon specific 66 consent of Tenant. No advance notice is required for entry in a health or safety emergency or where entry is 67 necessary to preserve and protect the premises from damage in Tenant's absence. Abandonment 68 If Tenant shall abandon the premises before the expiration of the lease term, Landlord shall make reasonable efforts to By Tenant 69 re-lease premises and shall apply any rent received, less costs of re-leasing, to the rent due or to become due on this 70 lease, and Tenant shall remain liable for any deficiency. If Tenant is absent from the premises for three successive 71 weeks without notifying Landlord in writing of such absence, Landlord, at Landlord's sole option, may deem the 72 premises abandoned. Disposal of 73 If Tenant shall leave any property on the premises after vacating or abandonment of the premises. Tenant shall be Property 74 deemed to have abandoned the property, and Landlord shall have the right to dispose of the property as provided 75 by law. Tenant 76 During the lease term, as a condition to Tenant's continuing right to use and occupy the premises, Tenant agrees Obligation Use 77 and promises: To use the premises for residential purposes only by Tenant mentioned herein! Not to make or permit use of the premises for any unlawful purpose or any purpose that will injure the reputation of 80 the premises or the building of which they are a part Not to use or keep in or about the premises anything which would adversely affect coverage of the premises or the 82 building of which they are a part under a standard fire and extended insurance policy. 83 we encourage Tenants to have renter's insurance Not to make excessive noise or engage in activities which unduly disturb neighbors or other tenants in the building 85 which the premises are located. We will evict a tenant who is too noisy. Pets Not to keep in or about the premises any pet unless specifically authorized as a special condition in this lease. Govt. Reg To obey all lawful orders rules and regulations of all governmental authorities. Maintenance To keep the premises in clean and tenantable condition and in as good repair as at the beginning of the lease term, Improvements 89 normal wear and tear expected, and properly clean unit upon moving out If obligated to pay for heat for the premises, to maintain a reasonable amount of heat in cold weather to prevent 91 damage to the premises, and if damages result from Tenant's failure to maintain a reasonable amount of heat 92 Tenant shall be liable for this damage Unless Tenant has received specific written consent of Landlord, not to do or permit any of the following: 94 a. Paint upon, attach, exhibit or display in or about the premises any sign or placard. 95 b. Alter or redecorate the premises. 96 c. May decorate, but fasteners, nails, etc. must be reasonable. Repairs must be paid by tenant if landlord has to 97 correct. 98 d. Attach or affix anything to the exterior of the premises or the building in which it is located. 99 e. No clothes lines on porches. Guests Negligence Breach of Lease Damage by Casualty Not to permit any guest or invitee to reside in the premises for any period exceeding two weeks without prior 101 written consent of Landlord. See item 14 of addendum To be liable for all acts of negligence or breaches of this lease by Tenant and Tenant's guests and invitees. 103 If this lease is for a term of one year or less, should Tenant neglect or fail to perform and observe any of the terms 104 of this lease, Landlord shall give Tenant written notice of such breach requiring Tenant to remedy the breach or 105 vacate the premises on or before a date at least 5 days after the giving of such notice, and if Tenant fails to comply 106 with such notice. Landlord may declare this tenancy terminated and institute action to expel Tenant from the leased 107 premises without limiting the liability of Tenant for the rent due or to become due under this lease. If Tenant has 108 been given such a notice and has remedied the breach or been permitted to remain in the premises, and within one 109 year of such previous breach, Tenant commits a similar breach, this lease may be terminated if, before the breach 110 has been remedied, Landlord gives notice to Tenant to vacate on or before a date at least 14 days after the giving 111 of the notice. 112 If the premises are damaged by fire or other casualty to a degree which renders them untenantable. Tenant may 113 terminate the lease or vacate the premises and rent shall abate until the premises are restored to a condition 114 comparable to their prior condition. Landlord shall have the option to repair the premises and if repairs are not made 115 this lease shall terminate. If the premises are damaged to a degree which does not render them untenantable Landlord 116 shall repair them as soon as reasonably possible. Page 2 of 3

3 Rules 117 Landlord may make such reasonable rules governing the premises and the building of which they are part as Landlord 118 deems necessary. Tenant agrees to observe and comply with all such rules and any violation of the rules shall be 119 deemed a breach of this lease. Landlord may make changes in the rules and shall give written notice of changes to 120 Tenant at least 14 days before the new rules become effective. Tenant acknowledges receipt of the attached rules 121 prior to execution of this lease. Tenant had a personal lease review with manager's office. Liability of 122 All tenants, if more than one shall be jointly and severally liable for the full amount of any payments due under Multiple 123 this lease, as well as all other lease responsibilities. Tenants 124 Disclosure 125 The premises and the building of which they are a part are/are not (strike one) currently cited for uncorrected of code 126 building or housing code violations. Tenant acknowledges receipt of the attached notices of uncorrected code violations 127 violations prior to execution of this lease. (Strike if not applicable.) Conditions 128 The premises contain the following conditions adversely affecting habitability: Lacks hot or cold water. Affecting 129 Lacks operating plumbing or sewage disposal. Unsafe or inadequate heating facilities. No electric service. Unsafe Habitability 130 electrical system. Hazardous conditions or structure. None (strike all not applicable.) Promises to Repair Mid-Month Occupancy 131 Landlord promises to repair, clean or improve the premises by the completion dates noted: None (Strike if not 132 applicable.) 133 Unit includes: Stove, Refrigerator, Disposal, Dishwasher, Microwave, Air Conditioner, Mini-blinds. 134 In Witness whereof, the parties have executed this lease on 135 Landlord: 136 RENT MUST BE PAID BY CHECK, MONEY ORDER by: (SEAL) 137 OR ELECTRONIC TRANSFERS ONLY! 138 Tenant: 139 Number of Keys received: (SEAL) 140 Apartment (SEAL) Garage - Initial 141 Remote (SEAL) Operating Key Emergency Release Key 142 Date Tenant Received Keys: 143 Tenant is moving in and paying for 144 After this, Rent is due on the first day of the Month per this lease. 145 Landlord may enter premises without notice between 8:00am to 5:00pm 146 weekdays to do tenant requested maintenance items. Initial Security Deposit Return Agreement We the above signed Lessees do herby agree that we have paid a Security Deposit in the Total amount of $590.00, and that the Security Deposit was paid in the following Manner: Upon vacating the rental property, we do hereby agree that whatever amount of the security deposit is refundable, it is to be distributed and returned as follows: Page 3 of

4 Exhibit A Riverbend Development Rules Addendum to Apartment Lease Reviewed and Received at Lease Signing 1. Rent Payment - Tenant clearly understands that rent is due on the first day of each month. If correct rent is not in landlord s possession by the third day of the month, tenant may be called at work or home. Tenant agrees to pay $30.00 late fee with that month's rent. Please note, however, that habitual lateness is not acceptable. 2. Security Deposit - Tenant acknowledges that the security deposit is intended to assure the proper maintenance of the apartment and will be refunded if lease terms are met. Tenant agrees to pay the last month's rent and not apply the security deposit to rent. 3. Cleaning - Tenant is encouraged to document in writing, within one week of moving into the apartment, anything, to be considered at the time tenant moves out regarding the condition of the apartment and furnishings so that tenant will not be charged for a pre-existing condition. At the time of moving out, tenant agrees to clean the apartment and furnishings to the neat and cleaned condition it was received in. This includes a Shiny Clean bathtub and sink, Kitchen appliances, Light fixtures and blinds. Cleaning Costs / Security Deposit When tenancy ends, conditions of normal wear and tear shall not be charged against tenant. If damage, dirt, or neglect is indicated, (including excessive wear and staining of flooring) the costs of cleaning and repair shall be deducted from the security deposit. 4. Garbage Removal - Tenants are required to place garbage in the dumpster securely bagged. Tenants should keep the lid on the dumpster closed so that snow, rain, or window not have an adverse effect on the contents. DO NOT keep garbage in halls or on patios. Proper recycling should be observed. 5. Laundry Hours - Start time 8:00 a.m. Finished by 10:30 p.m. 6. Halls & Laundry Areas - Please - cooperate in keeping halls and laundry areas neat and clean. Use the garbage pails for dryer lint and wipe the top of the washer if you happen to spill wash soap on it. At Christmas - Vacuum hall areas where you see tree needles strewn about due to your moving the tree in or out of your apartment. (There is a $20.00 charge if we must clean up your tree needles for you.) 7. No Pets - Tenants are not allowed to have pets, baby sit pets, or allow visitors to bring any pets into apartment. Please do not feed any stray animals that you might see outside the building. 8. Parking Rules - All tenants vehicles must be licensed, running vehicles. DO NOT wash cars in lot and do not do automotive repairs that would result in oil spills, etc. on the blacktop or lawn. 9. Non-Sufficient Funds - There is a $25.00 charge to any tenant whose check or electronic transfer is returned to landlord for non-sufficient funds in account. This is in addition to Bank Charge. 10. Lock-Out - If tenant should lock him/herself out or lose the key, tenant will pay $40.00 during regular office hours and $60.00 after regular office hours. To be included in the next months rent. 11. Notice To Move Out - Must be in writing! The lease you are signing with us is A 1-year Lease which requires a 45 -day written notice so the apartment comes open the first day of a month. Example: Move out Date, June 1 - written notice by April 15 Move out Date, Jan.1 - written notice by Nov Quiet Is Appreciated - Try to be aware of the volume of your stereo and television. Especially in the evening when your neighbors have retired for the night. Also, hallway noise levels as you enter and leave the building with guest.

5 13. Maintenance & Repair Items - The following items might be a tenant expense: Changing the locks of an apartment or garage because of failure to return key upon moving out. CHARGE is $ Fixing a disposal that is jammed or not working due to tenant misuse or objects removed from it that should not have been in it (wire ties, glass, pop tops, rags, etc.) Plunging a sink, tub, or toilet to open the drain. A tenant is expected to own a plunger for regular use if a drain is slowing down. Repairing a window or screen that was not broken or damaged at the time tenant moved in. Replacing light bulbs inside the apartment or patio of tenant. Remove tenant's garbage that is improperly stored or recycled. Repainting because of candle burning residue and/or smoking. 14. Tenant Occupancy - Whereas, Heat, Hot Water, Water/Sewer. Are included in the rent for a maximum of (two) 2 persons. Only the individuals mentioned in the signed lease or approved in writing between landlord and tenant may occupy the apartment. Additional rent beyond (two) 2 persons, is $50.00 per month, per person. Maximum 2 persons per bedroom. 15. Miscellaneous - Grilling is NOT PERMITTED on patios or decks. Any damage by tenant's waterbed will be charged to tenant. Tenant must use good common sense in decorating on walls. Use as small a nail as possible and only use toggles if necessary. Tenants are encouraged to call the police if any occurrence inside or outside the building warrants police attention. This could include loud parties, fighting, suspicious behavior, etc. Be aware that open windows during rain and winter weather could result in carpet, windowsill and drapery/mini-blinds damage. 16. Modification - This contract may not be modified unless such modification is in writing and is signed by the landlord and tenant. 17. Waiver - Tenant hereby agrees that the landlord shall have no obligation to accept a tender of rent by tenant after default or defaults by tenant, and that any forbearance of the landlord in the performance of any covenant or obligation hereunder shall not constitute a waiver of that covenant or obligation, the landlord reserving the right to insist upon strict observance of any such covenant or obligation at any subsequent date. No provision, covenant or condition of lease may be waived by landlord unless such waiver is in writing and is signed by the landlord. 18. Hold-Over - Pursuant to WI. Stats., If the tenant remains in possession without consent of his landlord after expiration of a lease or termination of a tenancy by notice given by either the landlord or the tenant, or after termination by valid agreement of the parties, the landlord may recover as minimum damage twice the rental value apportioned on the daily basis for the time the tenant remains in possession. This paragraph does not restrict the landlord from recovering his actual damages as set forth within said statue. 1. Candle/ Oil Lamp Burning The burning of candles and oil lamps of any kind is prohibited. 20. Garage Security Tenant understands that the garages are community garages and are not secure. Landlord recommends that tenant lock vehicles in the both the parking lot and in the garage. Landlord suggests that valuables not be stored in the garage. Should tenant choose to store valuables they should be in a locked storage container and is at tenants own risk. 21. Sprinkler Systems Automatic lawn sprinklers are used on the property. Overspray of patios, walks and parking lots is unavoidable. Tenant shall take measures to protect their property and vehicles

6 Exhibit B Riverbend Development Smoke-Free Addendum to Apartment Lease Reviewed and Received at Lease Signing Tenant and all members of Tenant's family or household are parties to a written lease with Landlord (the Lease). This Addendum states the following additional terms, conditions, and rules which are hereby incorporated into the lease. A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease. 1. Purpose of No-Smoking Policy - The parties desire to mitigate: Irritation and known health risks from secondhand smoke. Increased maintenance, cleaning, and redecorating costs from smoking. Increased risk of fire from smoking. 2. Definition of Smoking - The term "smoking" means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, or other tobacco product or similar lighted product in any manner or in any form. 3. Smoke-Free Complex - Tenant agrees and acknowledges that the premises to be occupied by Tenant and members of Tenant's household have been designated as a smoke-free living environment. Tenant and members of Tenant's household shall not smoke anywhere in the unit rented by Tenant, or the building where the Tenant's dwelling is located or in any of the common areas or adjoining grounds of such building or other parts of the rental community, nor shall Tenant permit any guests or visitors under the control of Tenant to do so. 4. Designated Smoking Areas Smoking shall be permitted on Tenant s patio/deck only. Smokers are to dispose of butts properly (not in lawns). 5. Tenant to Promote No-Smoking Policy and to alert Landlord of Violations - Tenant shall inform Tenant's guests of the no-smoking policy. Further, Tenant shall promptly give Landlord a written statement of any incident where tobacco smoke is migrating into the Tenant's unit from sources outside of the Tenant's apartment unit. 6. Landlord to Promote No-Smoking Policy - Landlord shall post no-smoking and/or smoke free signs at entrances and exits, common areas, hallways, and in conspicuous places adjoining the grounds of the apartment complex. 7. Landlord not a guarantor of smoke-free environment - Tenant acknowledges that Landlord's adoption of a smokefree living environment, and the efforts to designate the rental complex as smoke-free, do not make the Landlord or any of its managing agents the guarantor of Tenant's health or of the smoke-free condition of the Tenant's unit and the common areas. However, Landlord shall take reasonable steps to enforce the smoke-free terms of its leases and to make the complex smoke-free. Landlord is not required to take steps in response to smoking unless Landlord is put on notice of the presence of cigarette smoke, via agent, personal knowledge, and/or written notice by a Tenant. 8. Other Tenants are Third-Party Beneficiaries of Tenant's Agreement - Tenant agrees that the other Tenants at the complex are the third-party beneficiaries of Tenant's smoke-free addendum agreements with Landlord, meaning that Tenant's commitments in this Addendum are made to the other Tenants as well as to the Landlord. A Tenant may sue another Tenant for an injunction to prohibit smoking or for damages, but does not have the right to evict another Tenant. Any suit between Tenants herein shall not create a presumption that the Landlord breached this Addendum.

7 9. Effect of Breach and Right to Terminate Lease - A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease. A material breach of this Addendum by the Tenant shall be a material breach of the lease and grounds for immediate termination of the Lease by the Landlord. Landlord acknowledges that in declaring this building(s) (or portion of the building) to be smoke-free, the failure to respond by Landlord to a complaint filed by the tenant shall be treated as equivalent to a request for maintenance. Wisconsin law governing the implied warranty of habitability and the covenant of quiet enjoyment shall be understood to include the right to be smoke-free contingent upon cooperation of both Tenant and Landlord. These provisions shall also be construed to result in a constructive eviction if Landlord fails to timely respond to Tenant's complaints regarding smoke with the respective remedy reserved to the Tenant in such instance. 10. Disclaimer by Landlord - Tenant acknowledges that Landlord's adoption of a smoke free living environment, and the efforts to designate the rental complex as smoke free, does not in any way change the standard of care that the Landlord or managing agent would have to a Tenant household to render buildings and premises designated as smoke-free any safer, more habitable, or improved in terms of air quality standards than any other rental premises. Landlord specifically disclaims any implied or express warranties that the building, common areas or Tenant's premises will have any higher or improved air quality standards than any other rental property. Landlord cannot and does not warranty or promise that the rental premises or common areas will be free from secondhand smoke. Tenant acknowledges that Landlord's ability to police, monitor, or enforce the agreements of this Addendum is dependent in significant part on voluntary compliance by Tenant and Tenant's guests. Tenants with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that Landlord does not assume any higher duty of care to enforce this Addendum than any other landlord obligation under the Lease. Tenant acknowledges receipt of Exhibits A and B. Tenant Date Landlord Date