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________________________________________________________