A.   RENT

1.     PAYMENT: RESIDENT will pay MANAGEMENT the full monthly rent before midnight of the first day of each month while this Lease is in effect and during any extensions or renewals of this Lease. Rent will be paid as required by MANAGEMENT. 

2.     WHO IS RESPONSIBLE FOR RENT: Each RESIDENT is individually responsible for paying the full amount of rent and any other money owed to MANAGEMENT.

3.     DUTY TO PAY RENT AFTER EVICTION: If RESIDENT is evicted because RESIDENT violated a term of this Lease, RESIDENT must still pay the full monthly rent until: 1) the Apartment is re-rented; 2) the DATE THIS LEASE ENDS; or 3) if the Lease is month-to-month, the next notice period ends. If the Apartment is re-rented for less than the rent due under this lease, RESIDENT 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 notice period.

4.     LATE RENT FEE AND RETURNED CHECK FEE: RESIDENT will pay the LATE RENT FEE listed above if RESIDENT does not pay the full monthly rent by the 5th day of the month. RESIDENT also will pay a fee of $30 for each returned check.

B.   USE OF APARTMENT

5.     OCCUPANCY AND USE: Only the persons listed above as RESIDENTS may live in the Apartment. Persons not listed as RESIDENTS may live in the Apartment only with the prior written consent of MANAGEMENT. RESIDENTS may use the Apartment and utilities for normal residential purposes only.

6.     SUBLETTING: RESIDENT may not lease the Apartment to other persons (sublet), assign this Lease or sell this Lease without prior written consent of MANAGEMENT.

7.     RESIDENT PROMISES: 1) Not to act in a loud, boisterous, unruly or thoughtless manner or disturb the rights of the other residents to peace and quiet, or allow his/her guests to do so; 2) to use the Apartment only as a private residence, and not to engage in any activity or allow any condition that is illegal or dangerous or which would cause a cancellation, restriction or increase in premium in MANAGEMENT’S insurance; 3) not to use or store on or near the Apartment any flammable, toxic, hazardous, or explosive substance; 4) not to interfere in the management and operation of the Apartment building; 5) not to engage in harassing, threatening, or discriminatory conduct directed at MANAGEMENT or other RESIDENTS; 6) that the Apartment, common areas, or area surrounding the building will not be used by the RESIDENT, any member of the RESIDENT’S household, any guest of the RESIDENT, or by anyone acting under his/her control to manufacture, sell, give away, barter, deliver, exchange, distribute, possess or use any illegal drugs; or to engage in prostitution or any prostitution related activity; or to unlawfully use or possess any firearm; or to allow any stolen property on the premises.

 8.     WATERBEDS: RESIDENT may not keep a waterbed or other water-filled furniture in the Apartment without the prior written consent of MANAGEMENT.

 9.     PETS: RESIDENT may not allow animals or pets of any kind in the Apartment or in any common areas without the prior written consent of MANAGEMENT.

 C.   CONDITION OF APARTMENT 

10.   MANAGEMENT PROMISES: 1) That the Apartment and all common areas are fit for use as residential premises; 2) to keep the Apartment in reasonable repair and make necessary repairs within a reasonable time after written notice by RESIDENT except when damage is caused by the intentional or negligent conduct of the RESIDENT or his/her guests; 3) to maintain the Apartment in compliance with applicable health and safety codes except when a violation of the health and safety codes has been caused by the intentional or negligent conduct of the RESIDENT or his/her guests; 4) to keep the common areas clean and in good condition.

 11.   RESIDENT PROMISES: 1) Not to damage or misuse the Apartment or waste the utilities provided by MANAGEMENT or allow his/her guests to do so; 2) not to paint or wallpaper the Apartment, or make any structural changes in the Apartment without the prior written consent of MANAGEMENT; 3) to keep the Apartment clean, and in compliance with all health and safety codes; 4) to give written notice to MANAGEMENT of any necessary repairs to be made; 5) to notify MANAGEMENT immediately of any conditions in the Apartment that are dangerous to human health or safety, or which may damage the Apartment or waste utilities provided by MANAGEMENT; 6) that when RESIDENT moves out, the Apartment will be left in good condition, except for ordinary wear and tear; 7) not to remove any fixtures or furnishing supplied by MANAGEMENT without the prior written consent of MANAGEMENT; 8) to cooperate with MANAGEMENT’S efforts at pest control. This may include, among other things, RESIDENT’S emptying and cleaning cabinets, drawers and closets, pulling furniture away from walls and allowing exterminator to enter and treat the Apartment, and required appropriate treatment of RESIDENT’S personal property.

 12.   SECURITY DEPOSIT: MANAGEMENT may keep all or part of the security deposit: a) for damage to the Apartment beyond ordinary wear and tear; and b) for rent or other money owed to MANAGEMENT.

 13.   DESTROYED OR UNLIVABLE APARTMENT: If the Apartment is destroyed or damaged so it is unfit to live in due to any cause, MANAGEMENT may choose not to rebuild or restore the Apartment and/or may terminate this Lease immediately with no further liability to RESIDENT. If the destruction or damage was not RESIDENT’S fault and MANAGEMENT terminates this Lease, rent will be pro-rated and the balance will be refunded to RESIDENT.

 D.   DURATION OF LEASE

 14.   FAILURE TO GIVE POSSESSION: If MANAGEMENT cannot provide the Apartment to RESIDENT at the start of this Lease, RESIDENT cannot sue MANAGEMENT for any resulting damages but RESIDENT will not start paying rent until he/she gets possession of the Apartment.

 15.   MOVING OUT BEFORE LEASE ENDS: If RESIDENT moves out of the Apartment before the DATE THIS LEASE ENDS, RESIDENT is responsible for rent and any other losses or costs including court costs.

 16.   TERMINATION OF LEASE WITH SPECIFIED ENDING DATE: If RESIDENT wishes to move out of the Apartment on the DATE THIS LEASE ENDS, RESIDENT must give MANAGEMENT prior written notice equal to the NOTICE PERIOD. If RESIDENT fails to give proper notice, MANAGEMENT may a) extend the Lease for one NOTICE PERIOD and b) raise the rent. If RESIDENT stays in the Apartment after the DATE THIS LEASE ENDS, with the approval of MANAGEMENT, and RESIDENT and MANAGEMENT have not renewed this Lease or entered into a new Lease, this Lease shall be extended under its original terms except a) the duration shall be changed to month-to-month, and b) MANAGEMENT may raise the rent.

 17.   TERMINATION AND ALTERATION OF MONTH-TO-MONTH LEASES: When the Lease is month-to-month, MANAGEMENT and RESIDENT may terminate the Lease only by giving the other party written notice equal to the NOTICE PERIOD. A notice to terminate a Lease is effective on the last day of a month. MANAGEMENT may change any of the terms of a month-to-month Lease, including the amount of rent, by giving RESIDENT written notice at least equal to the NOTICE PERIOD.

 18.   MOVING OUT OF THE APARTMENT: RESIDENT will move out of the Apartment when this Lease ends. If RESIDENT moves out after this Lease ends, RESIDENT will be liable to MANAGEMENT for any resulting losses including rent and court costs. 

E.   RIGHTS OF MANAGEMENT

 19.   EVICTION: If RESIDENT violates any of the terms of this Lease, MANAGEMENT may terminate this Lease immediately and without prior notice. If this Lease is terminated but RESIDENT does not move out voluntarily, MANAGEMENT may bring an eviction action. If RESIDENT violates a term of this Lease but MANAGEMENT does not terminate this Lease, or bring an eviction action, or sue RESIDENT, MANAGEMENT does not waive the right to take any of these actions for any other violation of any term of this Lease. Under state law, a lawful seizure from any Apartment of any illegal object or controlled substance, including drugs, constitutes unlawful possession of the Apartment by the RESIDENT, and is grounds for an immediate eviction action.

 20.   EVICTION AFTER PARTIAL PAYMENT OF RENT: It is expressly agreed to between MANAGEMENT and RESIDENT that, pursuant to Minn. Stat. §504B.291, subd.1(c), acceptance by MANAGEMENT of less than the full amount of rent due from RESIDENT does not waive MANAGEMENT’S right to recover possession of the rental premises for nonpayment by RESIDENT of balance of rent owed MANAGEMENT.

 21.   ATTORNEY’S FEES AND ENFORCEMENT COSTS: If MANAGEMENT brings any legal action against RESIDENT, RESIDENT must pay MANAGEMENT’S actual attorneys’ fees, or other legal fees and expenses including fees paid to a collection agency, expenses, and court costs even if rent is paid after the legal action is started.

 22.   MANAGEMENT’S RIGHT TO ENTER: In accordance with applicable law, MANAGEMENT or 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 RESIDENTS or buyers.

 23.   MANAGEMENT’S LEGAL RIGHTS AND REMEDIES: MANAGEMENT may use its legal rights and remedies in any combination. By using one or more of these rights or remedies MANAGEMENT does not give up any other rights or remedies it may have. Acceptance of rent does not waive MANAGEMENT’S right to evict RESIDENT for any past or existing violation of any term of this Lease.

 24.   LEASE IS SUBJECT TO MORTGAGE: The Apartment building may be mortgaged or may be subject to a contract for deed. RESIDENT agrees that the rights of the holder of any present or future mortgage or contract for deed are superior to RESIDENT’S 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 RESIDENT’S lease. 

F.   LIABILITY OF RESIDENT AND MANAGEMENT 

25.   DAMAGE OR INJURY TO RESIDENT OR HIS/HER PROPERTY: MANAGEMENT is not responsible for any damage or injury that is done to RESIDENT or his/her property, guests or their property that was not caused by MANAGEMENT. MANAGEMENT recommends that RESIDENT obtain Renter’s Insurance to protect against injuries or property damage.

 26.   ACTS OF THIRD PARTIES: MANAGEMENT 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 MANAGEMENT’S control.

 27.    RESIDENT SHALL REIMBURSE MANAGEMENT FOR: 1) Any loss, property damage, or cost of repair or service (including plumbing problems) caused by negligence or improper use by RESIDENT, his/her agents, family or guests; 2) any loss or damage caused by doors or windows being left open; 3) all costs MANAGEMENT has because of abandonment of the Apartment or other violations of the Lease by RESIDENT, such as costs for advertising the Apartment.

 28.   WHEN PAYMENTS ARE DUE: Any amount owed by RESIDENT is due when MANAGEMENT asks for it. MANAGEMENT does not give up its right to any money owed by RESIDENT because of MANAGEMENT’S failure or delay in asking for any payment. MANAGEMENT can ask for any money owed by RESIDENT before or after RESIDENT moves out of the Apartment. 

G.   MISCELLANEOUS 

29.   FALSE OR MISLEADING RENTAL APPLICATION: If MANAGEMENT determines that any oral or written statements made by RESIDENT in the rental application or otherwise are not true or complete, then RESIDENT has violated this Lease, may be evicted, and may be liable for damages and additional costs and penalties under applicable law.

 30.   BUILDING RULES AND ATTACHMENTS ARE PART OF LEASE; NO ORAL AGREEMENTS: 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. MANAGEMENT’S building rules are a part of this Lease, and MANAGEMENT may make reasonable changes in these rules at any time by giving RESIDENT written notice. No oral agreements have been made. This Lease and its attachments and any other written agreements are the entire agreement between RESIDENT and MANAGEMENT.

 31.   NOTICES: All RESIDENTS agree that notices and demands delivered by MANAGEMENT to the Apartment are proper notice to all RESIDENTS, and are effective as soon as delivered to the Apartment.