RENTAL LEASE for ____________________________ Apts, Owner. Date__________,20______ Received from ________________________________________________ hereinafter referred to as resident, the sum of $ _____________________ ( ______/_____/______ ) evidenced by Check #_________ or Money Order made payable to OWNER stated above, which upon acceptance of lease agreement, Owner/Agent, also hereinafter referred to as Landlord, shall apply as Security deposit. If lease is not accepted by landlord, deposit will be returned and lease shall be null and void. If after acceptance, resident fails to pay rent and take possession of unit, for whatever reason, deposit shall be forfeited and landlord shall sue for specific performance. Full deposit must be paid and a fully executed lease returned to Landlord within 15 days of application or landlord has the option to refund deposit and cancel lease. Applicant acknowledges that Excel Property Mgmt., Inc. is a licensed property management company and does hereby release agent from obligation to place deposit into a “broker’s trust account”. See page 2, #15 for refund of deposit conditions. A non-refundable $25.00 fee is due with application. Resident agrees to lease from Landlord the premises situated in the City of St. Cloud, County of Stearns, State of MN, described as ________-________________________________________Apt.# ______________ Room # _______. Term: Lease shall commence on the first day of ________________, 20__ and continue until NOON on the ______day of _________________20____, or 2 days prior to last day of month moving. Resident must give written 60 day notice to vacate. If written notice is not given and lease is not extended for another term, tenancy will change to month-to month lease with a 60 day written notice required to vacate. Contract rent, payable to OWNER named above, shall be a total of $_______________rent and $________ garage. First payment of $ _________ plus $_______garage is due on ___________, 20___, and a full monthly rent payment is due on the first of each month while this lease is in effect and during any extensions or renewals of this lease. If first payment, or any subsequent payment is not paid when due, resident is responsible for all payments or charges incurred until unit is re- rented or until the end of the lease. Payment is due on the 1st day of each month. There is a $25.00 service charge for rents not paid by the 5th of the month, and an additional $25.00 charge after the 12th of the month for additional administrative and clerical work. work. A $25.00 returned check charge will be made for each returned check. Resident is responsible for costs of collection, including attorney fees. A violation or breach of any provision of lease is cause for eviction, prepaid rents will be forfeited and all amounts due under lease are due and payable according to terms of lease. Resident is notified that Minnesota Statute 595.20 Sub 7(a) provides that tenant may not withhold any rent due on grounds that deposit shall serve as payment. Utilities: Heat, water, sewer, refuse, __________are included in the rent. Residents pay electric, phone, internet, __________. Parking spots included _______. Carpet cleaning (see 15D) Per apt: 3 bdrm $100; 2 bdrm $80; 1 bdrm $60; eff $50. Remarks:____________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ LEASE TERMS AND CONDITIONS 1)Re-rent: Resident shall not assign or sublet premises without landlords consent. There shall be a $150 minimum re-rental fee per apartment. Losses due to lower re-rental rates or fees are due and payable by original resident. 2) Parking: Residents must register vehicles and park in designated spot. Violations by resident or parking by guests shall result in towing. Motorcycles must be registered and kick stand blocked. Landlord does not assume liability for parking problems. Parking and plug ins allocated at landlords discretion. Storage and/or parking of inoperative vehicles is forbidden. 3) Household maintenance/Keys/Lockout charge: Resident is responsible for the cleaning and upkeep of premises. If resident fails to do so, landlord shall remedy situation and charge for same or may evict tenant. Resident shall pay costs of repair of unreimbursed damages and/or insurance deductible for damage to unit or common areas caused by self or guests. Damages include, but are not limited to, resident caused fires, damages to windows, doors, walls, and carpets. Resident must have a toilet plunger and is responsible for minor blockages caused by resident or guests. Resident shall replace missing and burnt out light bulbs. There will be a $50 minimum re-key charge for lost entry/apt keys, and a $10 minimum charge for all other lost keys. There will be a minimum $10 charge for lockouts and toilet plunging. 4)Guests/Vacant bedrooms/Occupancy: Residents are responsible for their guest’s behavior. Number of occupants of apt./room is limited by city ordinance or landlord. If residents fail to notify landlord of additional occupants, landlord will assume that resident has given consent and shall be held liable. Only persons with lease with landlord to reside/occupy premises. An occupant without a lease will be considered a trespasser and rent for room will be charged to all residents leasing in unit or residents may be evicted and security deposit forfeited. Resident agrees original coed occupancy applies to rerental. 5) Parties/Kegs/Noise violations/Disturbances: No parties anywhere on premises. A party is any gathering of people resulting in excessive noise, traffic or other disruption. Beer kegs/party balls, full or empty, are forbidden and are not to be brought on premises. Excessive noise is any noise that can be heard that disturbs residents in building, or can be heard a distance of 50 feet from apartment or building. Violation of any of above shall result in a $200 service fee (per person/violation, due immediately) and may, at option of landlord, result in eviction and forfeiture of security deposit. Any resident of building present will be deemed responsible and charged accordingly. Residents and guarantors shall be held liable for losses incurred resulting from any violation, including losses due to suspension of rental license; even beyond end of lease term. Resident may not possess or store more that four beer cases (full or empty) or liquor bottles on the premise of any apartment or house. Excel Property Management, Inc. Resident(2) ________________________ Resident(1) ________________________ 1616 West St. Germain Street St. Cloud, MN 56301 (320)251-6005 Guarantor(2)_______________________ Guarantor(1) ______________________________ Date ________ Phone _______________ Date ________ Phone ________________ Property Manager Date Resident/Guarantor hereby acknowledges a copy of lease - See reverse side for additional terms and conditions. ERMS AND CONDITIONS Page 2 of 2 6) Pets: Residents may not keep pets on premises without written consent of landlord. If a pet is brought on premises, each resident shall be assessed a $100 fee. If pet is not removed immediately, all residents may be evicted and deposits forfeited. 7) Compliance with laws: Resident shall comply with all statutes, ordinances and requirements of city, state and federal laws now in force, or which may hereafter be in force and agrees to pay fines levied as a result of violation of said laws. Failure to comply with all laws shall be considered a material breach and grounds for termination of lease. This includes the St. Cloud City Ordinance pertaining to peace, health and safety and Section 1050:10 Landlord Responsibility pertaining to noise, parties and kegs. Consumption of liquor by minors is prohibited. Under State law, seizure by a law officer of any illegal substance is cause for eviction: landlord is required to evict tenant within 15 days of notice of seizure. No unlicensed firearms, explosives, or flammables allowed on premises. See attached “Crime-Free/Drug-Free Housing Addendum” 8)Liability disclaimer/Insurance/Waterbeds: Landlord shall not be held liable for damage or theft of residents’ property. Resident is responsible for damage to premise or personal property due to his own negligence. Landlord recommends resident have personal property and liability insurance, as landlord’s insurance does not cover damage to residents personal property. Resident must provide copy of insurance for waterbeds. 9)Default/Termination: If resident fails to pay rent when due or violates any term of lease, landlord reserves the right to evict resident. Resident covenants and agrees that upon expiration of lease term, or upon termination of lease for any cause, he/she shall at once peacefully surrender and deliver up the described premises together with all improvements to Landlord. If resident fails to vacate, landlord shall use any remedy at law or equity to regain premises. If resident abandons or vacates premises, landlord will consider any property left to be abandoned and may dispose of that property in the manner allowed by law. Property left on premises is subject to a lien in favor of landlord for payment of amounts due as per the lease. Resident agrees to reimburse landlord for all expenses incurred in enforcing the terms of lease, including reasonable attorney fees. If resident is evicted or abandons premises, resident shall remain liable for rent in accordance with lease until unit is re- rented. If apartment is rendered uninhabitable, landlord reserves the right to terminate the lease. 10)Signs/Banners/Live Christmas Trees/Tampering. No signs, posters, lettering, or improvised window coverings allowed on windows or any part of outside or inside of building. No real Christmas trees allowed on premises. No improvised lighting other than Christmas lights in December only. Residents shall not tamper with or alter locks, or any part of doors or windows. 11)Services/Utilities: Resident shall pay for utilities and services for entire term of lease and will cooperate with others to conserve heat, water, electricity and garbage utilities. If resident fails to pay his/her share of phone, electric, cable or other utility charges, landlord may, at his discretion, pay these expenses and deduct same from residents deposit when he/she vacates, if monies are available. Landlord does not warrant utility services to be free from interruption due to causes beyond landlord’s control. Any such interruption will not be deemed a breach of contract or relieve resident’s obligation to pay rent or perform other obligations of lease. Leaky toilets, drains or faucets must be reported to landlord immediately. Garbage must be contained in sealed plastic bags. Boxes must be flattened and placed inside dumpster. Furniture, tires or other large discards must be removed from premises at resident’s own cost. Excess refuse charges incurred will be assessed to those residents responsible and will be withheld from their deposit. Never place refuse in halls or laundry room, as this is a fire hazard. 12) Condition of premise: Resident shall not permit waste of utilities, misuse or damage of premises. Resident shall not drill or drive nails, hooks or spikes into walls, woodwork, floors or ceiling. Resident shall keep and maintain interior of apartment, contents and facilities in a reasonable condition and shall be responsible for damage other than ordinary wear and tear. Resident accepts said premises in good clean condition and agrees to complete and return the ”check in sheet” provided within 72 hours of possession. Failure to return sheet indicates acceptance of premises free from defects. Early move-ins accept premises in “as is” condition. MANAGEMENT REQUESTS NO SMOKING IN APARTMENTS, HOUSES OR COMMON AREAS. 13) Right of access: Landlord shall have immediate access to apartment in case of emergency and at reasonable times for any legitimate purpose, i.e. inspection, rerental and maintenance. 14)Roof/Garage/Bicycles/Grills/Candles: Roof, attic and basement areas of premises shall not be used by residents. Garages not to be used for storage, must be kept clean, free of debris and doors closed at all times. Failure to comply could result in loss of garage privileges. Bicycles are not to be stored in apartments, halls or garages. Storage/use of grills anywhere on premises is prohibited. Never store flammables on premises. No candle burning or halogen lighting allowed on premises. 15) Security Deposit: Deposit shall be used to secure performance of resident’s obligations. Landlord shall use the deposit for payment or rent or other amounts owed by resident. Landlord shall provide resident a “Statement of Deposit” within 21 days of end of lease term. Refund of deposit is subject to the following conditions: A) No damage being done to unit or common areas including walls, fixtures, furnishings, smoke alarms and fire extinguishers, reasonable wear and tear excepted. Residents shall maintain premises in as good of condition as when received. B) Keys must be returned to landlord immediately upon vacating premises or locks will be changed and charges assessed. C) All delinquent rents, unpaid service charges, court costs, attorney fees, unpaid utilities, and NSF charges will be assessed. D) All debris and personal property shall be removed from unit, garage, storage areas and premises. Kitchen and bath floors must be scrubbed and carpets must be vacuumed (do not shampoo). Carpet cleaning charges are for normal cleaning. Ex- cessive cleaning will result in higher charges and both deducted from deposit. Garage floors must be swept and free of oil. E) The following must be emptied and cleaned inside and out: stove, broiler, microwave, dishwasher, air conditioner, and refrigerator. Clean bathroom fixtures, cabinets and vanities with a non-abrasive cleaner. Windows, windowsills, blinds, walls, heat vents, baseboards and light fixtures must be cleaned. F) Resident shall provide landlord, upon vacating, two (2) self addressed stamped envelopes for deposit refund and CRP mailing or a $5.00 charge will be assessed. G) There shall be a charge of $50 per day for tenants who have not vacated on expiration of lease. H) Damages, cleaning and repainting in unit and common areas of building due to smoking will be charged against deposit. If any of above requirements is not met, cost of supplies, labor & replacements to restore shall be deducted from deposit. If costs exceed deposit amount, resident shall be billed and amount must be remitted to Landlord with ten (10) days. Lease Provisions: Attachments to Lease are part of lease and if attachments conflict with any term of lease, attachment term of lease shall be controlling. Management may make reasonable changes to these rules by giving tenant written notice of same. The lease, including its provisions constitutes the entire agreement between the parties and in the event any portion of lease is ruled invalid by a court of law, the entire remaining portion of lease shall remain in force.