REAL ESTATE LEASE

 

This Lease Agreement (this "Lease") is DATED___________________, by and between John R & Jody Holand ("Landlord"), and ___________________________________ ("Tenant").  The parties agree as follows:

PREMISES.  Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant one bedroom of a 6 bedroom house & use of common areas. (the "Premises") located at 1638 9th St N, Fargo, North Dakota 58102.

TERM.  The lease term will begin on ______________, ______ 20_____ (Move in date) and will terminate on ________________  _____, 20____. (30 days / 6 months /  after move in date) (CIRCLE WHICH ONE)

RENEWAL TERMS.  This Lease shall automatically renew for an additional period equal to the original term, unless Tenant gives written notice of termination no later than 60 days prior to the end of the term or renewal term or Landlord gives written notice of termination 30 days prior to end of the term or renewal term.  The lease terms during any such renewal term shall be the same as those contained in this Lease except that the lease installment payments shall be adjusted annually August 1st.

LEASE PAYMENTS.  Tenant shall pay to Landlord lease payments of $__________, payable in advance on the first day of each month.  Lease payments shall be made to Landlord at 10166 160th St NE, Thief River Falls, MN, 56701 which may be changed from time to time by Landlord.  At move in day, first & last month’s rent is due. (For a total of $_________ less $100 room deposit if paid previously.)

SECURITY DEPOSIT.  At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $250.00 to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. 

POSSESSION.  Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing.  At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.

USE OF PREMISES/ABSENCES.  Tenant shall occupy and use the Premises as a dwelling unit.  Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence.

OCCUPANTS.  No more than 6 persons may reside on the Premises unless the prior written consent of the Landlord is obtained.

PETS.  Pets shall not be allowed without the prior written consent of the Landlord. 

FURNISHINGS.  The following furnishings will be provided by Landlord:  Stove, Refrigerator, Washer, Dishwasher, Washer, Dryer, Mower, Snow Shovel. Tenant shall return all such items at the end of the lease term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted.

STORAGE.  Tenant shall be entitled to store limited amount of items of personal property in Storage shed during the term of this Lease.  Landlord shall not be liable for loss of, or damage to, such stored items.

PROPERTY INSURANCE.  Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises.

KEYS.  Tenant will be given 1 key to the Premises. If all keys are not returned to Landlord following termination of the Lease, Tenant shall be charged $5.00.

UTILITIES AND SERVICES.  Tenant shall be responsible for all utilities and services incurred in connection with the Premises.

TAXES.  Taxes attributable to the Premises or the use of the Premises shall be allocated as follows:

            REAL ESTATE TAXES.  Landlord shall pay all real estate taxes and assessments for the Premises.

            PERSONAL TAXES.  Landlord shall pay all personal taxes and any other charges which may be levied against the Premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payments.

TERMINATION UPON SALE OF PREMISES.  Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 30 days' written notice to Tenant that the Premises have been sold.

DESTRUCTION OR CONDEMNATION OF PREMISES.  If the Premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use of the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than $25,000.00, Landlord shall repair the Premises and a just proportion of the lease payments shall abate during the period of the repair according to the extent to which the Premises have been rendered untenantable.  However, if the damage is not repairable within sixty days, or if the cost of repair is $25,000.00 or more, or if Landlord is prevented from repairing the damage by forces beyond Landlord's control, or if the property is condemned, this Lease shall terminate upon twenty days' written notice of such event or condition by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded to it.  Tenant shall give Landlord immediate notice of any damage to the Premises.

HABITABILITY.  Tenant has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed lease payments are fair and reasonable.  If the condition changes so that, in Tenant's opinion, the habitability and rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to Landlord.

DEFAULTS.  Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound.  Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages.  In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease.  Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant's defaults.  All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent".  The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.

LATE PAYMENTS.  For any payment that is not paid within 5 days after its due date, Tenant shall pay a late fee of $30.00.

HOLDOVER.  If Tenant maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to the normal payment rate set forth in the Renewal Terms paragraph. 

CUMULATIVE RIGHTS.  The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.

NON-SUFFICIENT FUNDS.  Tenant shall be charged $20.00 for each check that is returned to Landlord for lack of sufficient funds.

REMODELING OR STRUCTURAL IMPROVEMENTS.  Tenant shall not be allowed to remodel or make any structural changes to the premises without prior written consent of the Landlord.

ACCESS BY LANDLORD TO PREMISES.  Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers.  However, Landlord does not assume any liability for the care or supervision of the Premises.  As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent.  During the last three months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants.

INDEMNITY REGARDING USE OF PREMISES.  To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence.

DANGEROUS MATERIALS.  Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.

ASSIGNABILITY/SUBLETTING.  Tenant may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord, which shall not be unreasonably withheld.

NOTICE.  Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below.  Such addresses may be changed from time to time by either party by providing notice as set forth below.  Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.

LANDLORD:

        John R & Jody Holand
        10166 160th St NE
        Thief River Falls, MN 56701  

         TENANT:

        ___________________________________
        1638 9th St N
        Fargo, ND 58102  

        Phone #_____________________________

Such addresses may be changed from time to time by either party by providing notice as set forth above.

GOVERNING LAW.  This Lease shall be construed in accordance with the laws of the State of North Dakota.

ENTIRE AGREEMENT/AMENDMENT.  This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease.  This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

SEVERABILITY.  If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER.  The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.

BINDING EFFECT.  The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.

LANDLORD:                                                                                                                  TENANT:

______________________________________________                                _________________________________________________________
John R. & Jody Holand                                                                                                  _____________________________________________

Date__________________________________________                                 Date______________________________________________________

 

REFERENCES:

Tenant's Permanent Address:

Name:______________________________________________________________________________________________________________________

Address:______________________________________________________________________________________________________________________

City:______________________________________________________________ State________________________ Zip___________________________

Phone: __________________________________________________________   Cell________________________________________________________

SSN#_____________________________________________________________

 

Parents:______________________________________________________________________________________________________________________

Address:______________________________________________________________________________________________________________________

City:______________________________________________________________ State________________________ Zip___________________________

Phone: __________________________________________________________   Cell________________________________________________________

 

Prior Rental Reference:

Name:______________________________________________________________________________________________________________________

Contact Person:_______________________________________________________________________________________________________________

Address:______________________________________________________________________________________________________________________

City:______________________________________________________________ State________________________ Zip___________________________

Phone: __________________________________________________________   Cell________________________________________________________