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   University Place's lease terms of agreement and rules and regulations

University Place Apartments

   LEASE AGREEMENT

  

  

THIS LEASE AGREEMENT, is entered into this _________day of _________, 20____, by University Place Apartments and

KR&R Investment Corp., its successors and assigns, hereinafter referred to as LESSOR, and  ___________________________

________________________________________________________, an individual person, hereinafter referred to as LESSEE. 

 

WITNESSETH: In consideration of the mutual covenants and agreements contained in this Lease, the parties agree as follows:

 

  

1.  PREMISES AND TERM

 

Lessor does hereby lease to Lessee the premises known as Apartment Number ________ of the University Place Apartments located at 1205 University Avenue, Columbia, Boone County, Missouri (the "Premises") for a term of ______ months _______days commencing on ____________ at twelve noon and terminating ___________ at twelve noon.  The Premises shall be used by Lessee as a residence and for no other purpose.

  

It is expressly understood that this lease is for the entire term set forth above, and the fact that the Lessee should no longer be a resident of the community in which the Premises are located, should be transferred, should cease to be actively enrolled in college in this community, or for any other reason be unable to continue to live in the unit, Lessee's responsibility shall nonetheless continue for the full term unless the Premises shall be relet or sublet for Lessee's account in accordance with the terms hereof.

  

If Lessor is unable for any reason to deliver possession of the Premises at the commencement of this lease term, Lessor shall not be liable for any damage caused thereby, nor shall this agreement be void or voidable, but Lessee shall not be liable for any rent until possession is delivered.  Lessee may terminate this Agreement if possession is not delivered within Thirty (30) days of the commencement of the term hereof.  Lessor has the right to move Lessee to another Apartment in the event of partial vacancy in the Lessee's apartment specified above.

 

 

2.  RENT

  

The Lessee covenants and agrees to pay a monthly rental of ___________________________________ Dollars ($ _______) per month, payable in advance on the first day of each month during the term of this Lease, provided however, that only the pro-portionate rent shall be paid at the time of commencement of this lease to reflect any initial partial month occupancy.  Beginning in the second month of this lease and for the remainder of the term of this Lease, a full month's rent is due and payable on the first day of each month.

       

If for any reason, the monthly rental is paid after the fifth day of the month excluding any initial partial month occupancy, the Lessee shall pay a late charge of $25.00 per month for every month or partial month the rent remains past due.  All rental payments shall be paid to Lessor at Lessor's office in the Apartment Complex.  If any check delivered to Lessor for payment of rent is returned for insufficient funds, Lessee shall pay to Lessor a "bad check charge" in the amount of Fifteen ($15) Dollars for each such instance.  The late charges and bad check charges are in addition to the other remedies provided by this Lease or provided by law.

       

 

3. SECURITY DEPOSIT

  

A security deposit of _______________________________________________ Dollars ($ __________) collected from the Lessee when this Lease is executed (signed by both parties), shall be forfeited to the Lessor as damages if the Lessee fails for any reason to go into possession of the Premises leased hereby.  Upon commencement of the term of the Lease and the Lessee's going into possession of the Premises, the deposit shall be held by the Lessor as security against loss from damage, non-payment of rent or any other breach of the Lease by Lessee and shall be refunded to the Lessee within Thirty (30) days after the Premises have been vacated; and, upon inspection, the Premises are found to be in as good condition as at the beginning of the lease, normal wear and tear excepted; and provided the agreements and conditions on the part of the Lessee have been complied with entirely.

       

UPON VACATING THE PREMISES, THE LESSEE MUST FOLLOW PROPER CHECK-OUT PROCEDURES; FAILURE TO DO SO WILL RESULT IN A FORFEITURE OF THE SECURITY DEPOSIT.  The security deposit is not any part of the rent herein specified, and consequently, cannot be deducted from the final month's rent.    This security deposit shall be held without any duty to pay interest to the lessee.   Lessor may hold this security deposit in an interest bearing account with the interest accruing to the benefit of the Lessor.

 

The provisions relating to the security deposit are for the protection of the Lessor but are in addition to, and not in limitation of, Lessor's other remedies set forth in this Lease.  It is specifically understood that the Lessee is completely responsible for the rental for the entire term and any and all damages to the Premises and other damages, all as provided herein, and that the security deposit may be set off against total claims of Lessor and shall not constitute Lessor's exclusive remedy.  In addition to the security deposit, the Lessee agrees to pay a Twenty Five ($25) Dollar, non-refundable, lease processing fee upon execution of this Lease.

 

    

4. CARE OF PREMISES

  

Lessee agrees to keep the Premises free from any debris, trash and filth.  Lessee agrees not to do anything that will create a danger of fire or cause an increase in insurance rates or cause a cancellation of insurance.  Lessee hereby acknowledges and agrees to keep and maintain the Premises in good clean condition excepting reasonable wear and tear, and to make no alterations or additions thereon without the written consent of the Lessor.  The Lessee will keep the sinks, lavatories and commodes open and report any malfunction within Three (3) days of occupancy or occurrence.  The Lessee will pay for misuse or reimburse Lessor for any service calls made necessary by Lessee's negligence or misuse of the heating system, plumbing system, or any other aspect of the Premises and repay the Lessor for the cost of all repairs made necessary by negligent or careless use of said Premises.  Lessee shall immediately report to manager and the local police any act of vandals or burglars, failure to report same within Twenty-four (24) hours shall constitute evidence that any damages were not so caused.  The Lessee agrees to promptly report any repairs, which need to be made to the property.  It is the responsibility of the Lessee to inform Lessor in writing of any unsatisfactory conditions in the apartment within seven (7) days of taking occupancy.

 

No Lessee incurred expenses shall be deducted from the monthly rent under any circumstances whatsoever.  Indiscriminate hanging of pictures, plaques, pennants, posters or other items of a similar nature shall be treated as damages and the security damages referred to in Section 3 may be utilized to pay for repair of any damage.  Lessee is responsible for acts of Lessee's visitors.  No pets are allowed on the Premises.  Lessee shall not leave and/or store any personal property or belongings outside the leased Premises except a Lessee owned automobile if permitted elsewhere herein.  No boats, trailers, buses, etc. shall be parked or stored on the apartment lot.

  

Although Lessee may have visitors from time to time, it is understood that occupancy of the Premises is expressly reserved for Lessee only.  Persons occupying the Premises as guests for more than Three (3) days shall be a deemed violation of this lease and Lessor shall be entitled to recover from the Lessee and guest an amount equal to that being paid by the Lessee in addition to any damages provided in this lease, and in addition the right of Lessor to declare the Lease in default.

  

 

5. NON-LIABILITY OF LESSOR

  

The Lessee covenants that neither the Lessor nor its agents shall be liable for any damages or injury of the Lessee, the Lessee's agents or employees entering the Premises or building of which the Premises are a part, nor shall Lessor be liable for damages to goods or other property of Lessee in the Premises resulting from any accident or incident, and Lessee further agrees to indemnify and save Lessor and its agents harmless from all claims of every kind and nature except in the event of Lessor's gross and willful  negligence.

  

 

6. LANDLORD'S RIGHT OF INSPECTION AND ENTRY

  

Lessee agrees to permit the Lessor or its agents to enter the Premises at reasonable hours for the purpose of making inspections and repairs.  Lessor shall make a reasonable attempt to provide advance notice before entering premises unless an emergency exists or Lessor has reason to suspect a violation of the terms of this lease.  Should Lessor enter for the purpose of making an inspection and determine there are any problems with respect to cleanliness or damages to the premises, Lessor shall notify Lessee, specifying the existence of such a condition. Lessee shall have 48 hours to correct such condition after which time Lessor shall have the option to repair, replace, clean or otherwise deal with any such conditions and shall invoice the Lessee for such charges.

       

It is understood that Lessee may be occupying said Premises jointly with other Lessees.  In such event, Lessee shall be held liable for a pro rata share of the damages in his or her unit unless it can reasonably be shown that Lessee was solely responsible for such damages in which event Lessee may be held responsible for all such damages or costs of repair.  Lessee acknowledges that there is joint responsibility with respect to the total unit and common areas in which the Premises are located and that Lessee will possibly be liable for damages caused by other residents in the unit subject to the terms of this section, and, accordingly, must exercise responsibility to see that the entire unit and common areas are maintained in good order and repair.

 

 

7. ASSIGNMENT OR SUBLETTING

  

The Lessee covenants that he or she will not allow anyone to share said Premises, keep roomers or boarders, nor assign or sublet or transfer said Premises without the written consent of Lessor.  Sublessees are responsible for payment of a Lease Processing Fee.  Security Deposits are not transferable from Sublessor to Sublessee.

  

8. CONDEMNATION

  

It is expressly agreed by and between the Lessor and the Lessee that if the whole or any part of said Premises hereby leased shall be taken for any public or quasi-public use, making the Premises uninhabitable as a residence, this lease shall terminate on the date of possession of said part.  All damages awarded from such a taking shall belong to the Lessor.

 

9. DEFAULT

 

Upon the failure of Lessee to make payment of rent when it is due or if the Lessee should breach any other covenants, agreements, or conditions of this lease, or if the Premises are abandoned, deserted or vacated, then at the option of the Lessor, this lease shall immediately terminate and Lessor may re-enter and repossess the Premises and remove and put out Lessee.

       

In the event of re-entry by Lessor, it is herein provided that Lessee shall be liable in damages to Lessor for all loss sustained and such re-entry shall not constitute a release of Lessee.  It is intended that Lessor's remedies shall be as broad as permitted under the laws of the State of Missouri.  The exercise of one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid rent or damages.  In the event of default hereunder, the Lessor is entitled to employ an attorney or other collection agents to enforce Lessor's rights and all reasonable fees and costs associated therewith (up to fifty percent of the amount owed) shall be paid by Lessee.  Any amounts which remain unpaid after default shall bear interest at the rate of Fifteen percent (15%) per annum compounded quarterly.

  

10. DAMAGE BY FIRE TO PREMISES

  

If, during the term of the Lease, the Premises should be partially destroyed by fire or other casualty, the Lessor shall make whole any damage to the structure with all reasonable diligence and without interruption of tenancy.  If, however, the premises sustain a fire or other casualty that renders the Premises uninhabitable, then the Lease shall terminate and the rent shall cease to accrue as of the date of destruction.  Lessee agrees to maintain his or her own insurance on personal property, clothing and valuables in the Premises, and Lessor shall have no liability with respect to the same whether such items be damaged by fire, casualty, taken, theft or lost.  Fire caused by the negligence of the Lessee does not exclude the Lessee from any and all responsibilities set forth in Section Five (5) of this agreement.

  

    

11. QUIET ENJOYMENT

  

Lessor agrees and covenants that, subject to the provisions hereof; the Lessee shall have peaceful and quiet enjoyment of the Premises for the duration of his or her occupancy; provided that the Lessee complies with the covenants, agreements, and conditions of this lease.

  

12. COMMON AREAS

  

It is understood that the Premises form a part of a living unit located in an apartment complex.  Associated with the apartment complex are areas designated for the use in common by all Lessees.  Lessee agrees and Lessee will be responsible for any damages to other portions of the unit, portions of the building in which the unit is occupied, other portions of the apartment complex, and all common areas if caused by the Lessee or by guests or invitees of Lessee.

 

13. PARENTAL OR SPONSOR'S GUARANTY

  

It is understood that this apartment complex will have numerous leases to college age students and that Lessor requires as a condition of this Lease (Lessor has the option to cancel the Lease in the event this guarantee is not timely provided) that a binding parental or sponsor's guarantee be included on this lease agreement.  Lessee agrees to be fully bound by the terms and conditions of this Lease irrespective of the guarantee and that such guarantee shall be considered additional insurance to Lessor of the performance of this Lease and not in substitution to Lessee's responsibility.  Lessor MAY, in its sole and absolute discretion, waive this guarantee.

 

 

14. CLEANING PREMISES UPON VACATING

  

Lessee agrees to clean the premises in order to return the Premises to the Lessor in the same condition as when occupancy was taken, normal wear and tear excepted. Lessee agrees to sweep out the residence and remove all trash and other debris from the Premises and to lock and fasten all doors and windows. Lessee agrees to have the carpet professionally cleaned immediately prior to return of possession to Lessor and to provide written receipts confirming such cleaning. Failure to provide such confirmation shall constitute Lessee’s authorization for Lessor to have premises professionally cleaned with the cost being charged to Lessee.  Lessee will be responsible for the Premises until all keys for the Premises are returned to the office of the Lessor.

 

15. RULES AND REGULATIONS

  

Rules and Regulations which are attached hereto and incorporated herein by reference are an important part of this Lease.  Essential terms of the Lessee-Lessor relationship are set forth in the Rules and Regulations, and by executing this Lease, Lessee acknowledges that he or she has read and become familiar with the terms of the Rules and Regulations.  Lessor reserves the right to make reasonable changes to the Rules and Regulations and, upon notification to Lessee of such change, such new Rules and Regulations shall be deemed as equally binding upon Lessee as if originally set forth herein.

  

16. PARKING (Delete non-applicable paragraph)

  

Lessee does not have the right to use the Apartment parking lot.  Lessor does guarantee that one parking space will be made available for lease for each living unit but assumes no responsibility for providing parking to all tenants.

  

Lessee shall have the right to use one parking space designated by Lessor and Lessee agrees to pay Lessor as additional rent the sum of Twenty Five ($25) Dollars per month for said space.

 

 

17. PET POLICY

  

Pets of any kind whether animals, fish, birds or reptiles are not allowed on the Premises.

 

 

18. DISPOSAL OF ABANDONED PROPERTY

 

Any property of Lessee remaining in the premises either after the termination of this lease or after Lessee abandons the premises may be removed or disposed of by Lessor.  The premises shall be deemed abandoned if; (1) Lessor reasonably believes that Lessee has vacated the premises and intends not to return, (2) the rent is due and unpaid for 30 days, (3) Lessor posts written notice on the premises of Lessor’s belief of abandonment, and (4) Lessee fails to respond within ten (10) days of said posting.  Lessor has the option to sell any abandoned property remaining in the abandoned premises and apply any proceeds against the amounts owed by Lessee under this Lease.

 

.   

19. UP-LINK BILLING PROCEDURES

 

Lessor acknowledges the monthly rental specified in Section 2. above shall include payment of the following utilities: Electric, water & sewer, gas and central air conditioning.  Lessee has the option to use UP-LINK, an affiliated company of Lessor, for long distance telephone service or another long distance carrier whose connection capability is compatible with the UP-LINK telephone switch.  Lessee acknowledges any long distance telephone charges incurred using UP-LINK shall constitute a liability of Lessee subject to the same terms and conditions as the monthly rental amounts.

 

On a monthly basis, Lessor shall prepare and distribute a detailed invoice for all charges incurred by Lessee including phone service, cable television, long distance telephone calls and high speed internet services. Lessee agrees to pay said invoice within Five (5) days.  Lessee acknowledges that Lessor may, at its option, terminate or suspend these services until such time as all UP-LINK charges are paid.

 

All cancellations of service initiated by Lessee shall occur at the end of the month such cancellation is requested.  Lessor reserves the right to restrict long distance usage to no more than $100 per month unless payment arrangements are made in advance.    Lessor has the right to apply Lessee’s security deposit to amounts owed to UP-LINK in accordance with Section 3. of this Lease.

  

 

REV040103

 

                                                          

 LESSEE OBJECTION NOTIFICATION

 

Lessee shall, within Ten (10) days after occurrence, notify Lessor, in writing, of any alleged violation by Lessor of any of its obligations to Lessee arising under this Lease or otherwise.  The failure of Lessee to make such notification, in writing, within the time proscribed shall constitute a total and complete waiver of said objection.

 

 

 

ACKNOWLEDGMENT

        

LESSEE HEREBY ACKNOWLEDGES THAT HE OR SHE HAS READ THIS AGREEMENT AND THE RULES AND REGULATIONS. LESSEE UNDERSTANDS THAT THE RULES AND REGULATIONS MAY BE AMENDED FROM TIME TO TIME AND ARE FOR THE PURPOSE OF PROTECTING THE PREMISES AND PROVIDING FOR THE SAFETY AND WELL BEING OF ALL OCCUPANTS.  LESSEE AFFIRMS THAT HE OR SHE WILL COMPLY WITH THE TERMS AND PROVISIONS OF THIS AGREEMENT.  LESSEE ACKNOWLEDGES THAT THIS IS A LEGALLY BINDING DOCUMENT AND IS INTENDED TO BE ENFORCED AGAINST LESSEE AND ANY GUARANTOR IN ACCORDANCE WITH ITS TERMS AND CONDITIONS.

       

  

IN WITNESS WHEREOF, the parties have executed this instrument in duplicate on the date first written above.

  

       

  

KR&R INVESTMENT CORP.                                     

                                                                                   ___________________________________

                                                                                                        LESSEE

 

                               

BY: ______________________________                             ___________________________________

       LESSOR                                                                          GUARANTOR

                                                                                                                                                                                                                                                                      ___________________________________

                                                                                   GUARANTOR`S RELATIONSHIP TO LESSEE

  

 

 

  

AMOUNT PAID UPON EXECUTION OF LEASE:                       RESERVED PARKING SPACE:  YES       NO

  

LEASE PROCESSING FEE  $     25.00                                                          

                                                                                                                     MOVE-IN CHECKLIST

SECURITY DEPOSIT PAID  $_____________    LEASE APPLICATION RECEIVED    _____

 

FIRST MONTH'S RENT        $                                  PAYMENTS RECEIVED:   

                                                                                                                        LEASE PROCESSING FEE          _____

TOTAL OWED            $ _____________                       SECURITY DEPOSIT                    _____

                                                                                                                        1ST MONTH’S RENT                      _____

DATE PAID                               __

  

                                                                                                                   DRIVERS LIC./ PASSPORT COPY    _____

                                                  

                                                                                                TENANT MANUAL EXPLAINED        _____

                                                                                                               University Place Apartments

   RULES AND REGULATIONS

  

 

   1.  Pets are not allowed in the rental units.  The following shall apply to a violation of this policy:

  

            FIRST: A written warning will be issued to the Lessee specifying the complaint. The Lessor may, in its                        discretion, declare the Lease to be in default.

  

      SECOND: Upon a second violation the Lessor will d