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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 |