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RESIDENTIAL LEASE AGREEMENT

Steve: Paragraphs 4 and 5 are optional; also note the formatting and/or paragraph numbering got a little screwed up in the conversion to web format. These will be fixed in the 'official' version.

This LEASE AGREEMENT is made and entered into this       day of      , by and between Earl T. Higgins, hereinafter referred to as "Landlord" and Steve Berg and Alicia Vonderheide, hereinafter referred to as "Tenant".

  1. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions contained herein, the second floor apartment of the dwelling located at 6631 Washington Avenue, University City, Missouri, for the period commencing on the       day of      , and thereafter until the       day of      , at which time this Lease Agreement shall terminate.
  2. Tenant shall pay as rent the sum of $550.00 per month, due and payable monthly, in advance, no later than 9:00 p.m. on the first day of every month. Tenant further agrees to pay a late charge of $6.00 for each day rent is not received by the Landlord regardless of the cause, including dishonored checks, time being of the essence. An additional Service Charge of $20.00 will be paid to Landlord for all dishonored checks.
  3. Tenant agrees to accept the property in its current condition (with the exceptions noted below) and to return it in "moving-in clean" condition, or to pay a special cleaning charge of $75.00 upon vacating the premises.
    1. Landlord will ensure that the air conditioner is installed and in proper working order and properly charged prior to the date of the start of the lease;
    2. Landlord will remove all old carpeting and either install new carpeting or properly finish the floors (at discretion of Landlord) prior to the date of the start of the lease;
    3. Landlord will ensure that any cracks in the walls have been properly sealed and/or plastered, as needed (but not painted) prior to the date of the start of the lease;
  4. As additional rent, Tenant agrees to pay a fee of $45.00 per month for parking one car in the garage. The garage is to be shared with one other vehicle and no further rights of storage are granted or implied by this agreement. Tenant will be issued a remote garage door opener and door key which will remain the property of the Landlord and shall be returned at the end of the lease period.
  5. As additional rent, Tenant agrees to pay a non-refundable pet fee of $15.00 per month for each pet. All pets on the property not registered under this Lease shall be presumed to be strays and will be taken care of by the appropriate agency as prescribed by law. A Pet Agreement is attached hereto as Attachment "A", and incorporated herein by reference.
  6. Tenant agrees to use said dwelling, initially, as living quarters only for not more than two(2) adults, names, permanent addresses and phone numbers as follows:

         Tenant 1 name Tenant 2 name

         Tenant 1 permanent address Tenant 2 permanent address

         Tenant 1 permanent city/state Tenant 2 permanent city/state

         Tenant 1 permanent phone num Tenant 2 permanent phone num

    and to pay $50.00 each month for each other person (not listed above) who shall occupy the premises in any capacity, up to a maximum of FOUR (4) persons in total.

  7. Tenant agrees not to assign this Lease, nor to sublet any portion of the property, nor to allow any other person to live therein other than as named in paragraph 5 above without first obtaining written permission from Landlord and paying the appropriate surcharge.
  8. Recognizing the fact that, if any motor vehicles are parked in driveway, Landlord has no access whatsoever to his (first floor) dwelling, no motor vehicles shall ever be parked in driveway for any period of time whatsoever.
  9. Tenant will be responsible for installation of, payment of, and termination of the following utilities:
    1. electricity,
    2. telephone,
    3. cable television (if desired),

    during the term of this lease.

  10. Landlord will be responsible for installation of, payment of, and termination of the following utilities:
    1. gas,
    2. sewer,
    3. garbage,
    4. water,

    during the term of this lease.

  11. No rights of storage are given by this Agreement. Landlord shall not be liable for any loss of Tenant's property by fire, theft, breakage, burglary, or otherwise, nor for any accidental damage to persons or property in or about the leased premises resulting from electrical failure, water, rain, windstorm, etc., which may cause issue or flow into or from any part of said premises or improvements, including pipes, gas lines, sprinklers, or electrical connections. Tenant hereby agrees to make no claim for any such damages or loss against Landlord. Tenant shall purchase renter's insurance on all personal property if such coverage is desired.
  12. Any removal of Landlord's property without express written permission from the Landlord shall constitute abandonment and surrender of the premises and termination by the resident of this Agreement. Landlord may take immediate possession, exclude Tenant from property and store all Tenant's possessions at Tenant's expense pending reimbursement in full for Landlord's loss and damages.
  13. Landlord has the right of emergency access to the leased premises at any time and access during reasonable hours to inspect the property or to show property to a prospective tenant.
  14. Tenant agrees to pay a Security Deposit of $600.00 to secure Tenant's pledge of full compliance with the terms of this agreement. NOTE: SECURITY DEPOSIT MAY NOT BE USED TO PAY RENT UNDER ANY CIRCUMSTANCES! Any damages not previously reported will be repaired at Tenant's expense with funds other than Security Deposit.
  15. In the event Landlord sells the premises of 6631 Washington, Tenant agrees that this agreement shall be considered terminated.
  16. Release of security deposit is subject to provisions of law and the following:
    1. The full term of the Agreement has been completed, or Landlord sells the premises of 6631 Washington.
    2. No damage to the premises, buildings, grounds is evident.
    3. The entire dwelling, appliances, closets, and cupboards are clean and free from insects, the refrigerator is defrosted, all debris and rubbish have been removed from the property, carpets are vacuumed and shampooed and left clean and odorless.
    4. All unpaid charges have been paid including late charges, pet charges, delinquent rents, etc.
    5. All keys to the premises have been returned to the Landlord.
    6. A forwarding address for Tenant has been left with Landlord. Within thirty (30) days after termination of occupancy, the Landlord will mail the balance of the deposit to the address provided by Tenant in the names of all signatories hereto.
  17. If Tenant leaves said premises unoccupied for 15 days while rent is due and unpaid, Landlord is granted the right hereunder to take immediate possession thereof and to exclude Tenant therefrom; removing all Tenant's property contained therein and placing it into storage at Tenant's expense.
  18. Payment of rent may be made by check until the first check is returned unpaid. Regardless of cause, no additional payments may afterwards be made by check. Rent must then be made by cashier's check, money order or certified check.
  19. Tenant agrees to accept said dwelling and all of the appliances therein as being in good and satisfactory condition unless a written statement of any objections is delivered to Landlord within three (3) days after resident takes possession. Tenant agrees that failure to file such statement shall be conclusive proof that there were no defects in the property. Tenant agrees not to permit any damage to the premises during the period of this agreement to woodwork, floors, walls, furnishings, fixtures, appliances, windows, screens, doors, lawns, landscaping, fences, plumbing, electrical, air conditioning and heating, and mechanical systems. Tenant specifically agrees that he will be responsible for, and agrees to pay for, any damage done by rain, wind, or hail caused by leaving windows open; overflow of water or stoppage of waste pipes, breakage of glass, damage to screens, deterioration of lawns and landscaping whether caused by drought, abuse or neglect. Tenant agrees not to park or store a motorhome, recreational vehicle or trailer of any type on the premises.
  20. Tenant's obligations are as follows:
    1. Take affirmative action to ensure that nothing is done which might place Landlord in violation of applicable building, housing, zoning, and health codes and regulations.
    2. Keep the dwelling clean and sanitary, removing garbage and trash as it accumulates, maintaining plumbing in good working order to prevent stoppages and leakage of plumbing fixtures, faucets, pipes, etc.
    3. Operate all electrical, plumbing, sanitary, heating, ventilating, air conditioning, dishwashing, refrigeration, and other appliances in a reasonable, safe manner.
    4. Recharge air conditioner compressors as desired/needed.
    5. Assure that property belonging to Landlord is safeguarded against damage, destruction, loss, removal, or theft.
    6. Conduct himself, her/his family, friends, guests, visitors in a manner which will not disturb others.
    7. Comply with all provisions of this Agreement, particularly with respect to paying the rent on time and caring for the property.
  21. Tenant warrants that he/she will meet the above conditions in every respect, and acknowledges that failure to perform the obligations herein stipulated will be considered grounds for termination of this Agreement and loss of all deposits.

  22. Tenant agrees to install and maintain a telephone, and to furnish the Landlord the telephone number and/or any changes thereof within three (3) days of its installation.
  23. Tenant warrants that any work or repairs performed by Tenant will be undertaken only if she/he is competent and qualified to perform it. Tenant will be totally responsible for all activities to assure that work is done in a safe manner which will meet all the applicable codes and statutes. Tenant further warrants that she/he will be accountable for any mishaps and/or accidents resulting from such work, and will hold the Landlord free from harm, litigation, or claims of any other person.
  24. Appliances in the unit at date of lease are loaned, not leased to Tenant. Routine maintenance of appliances is the responsibility of Tenant who will keep them in good repair.
  25. No money is to be deducted by Tenant from rent payment for any reason without express written permission of Landlord.
  26. Should any provision of this Lease be found to be invalid or unenforceable, the remainder of the Lease shall not be affected thereby and each term and provision herein shall be valid and enforceable to the fullest extent permitted by law.
  27. All rights given to Landlord by this Lease shall be cumulative to any other laws which might exist or come into being. Any exercise or failure to exercise by Landlord of any right shall not act as a waiver of any other rights. No statement or promise of Landlord or his agent as to tenancy, repairs, alterations, or other terms and conditions shall be binding unless reduced to writing and signed by Landlord.
  28. All parties agree that termination of this Agreement at Tenant's request prior to termination date will constitute breach of the tenancy and all Security Deposits and one full month's rent shall be forfeited in favor of Landlord as liquidated damages, at Landlord's option, following termination.

ACCEPTED THIS       DAY OF , at 6631 Washington Avenue, University City, Missouri.

     Tenant 1 Date

     Tenant 2 Date

     Landlord Date

ATTACHMENT "A"

PET AGREEMENTThis agreement is attached to and forms a part of the Lease Agreement dated this       day of      , between Earl T. Higgins, hereinafter referred to as "Landlord" and Steve Berg and Alicia Vonderheide, hereinafter referred to as "Tenant".

Tenant desires to keep pets named and described as follows: PET NAME(S) AND DESCRIPTION(S):

     name description/breed

     name description/breed

in the dwelling they occupy under the lease referred to above, and because this agreement specifically prohibits keeping pets without the Landlord's permission, Tenant agrees to the following terms and conditions in exchange for this permission:

  1. Tenant agrees to keep their pet under control at all times.
  2. Tenant agrees not to leave their pet unattended for any unreasonable periods.
  3. Tenant agrees to dispose of their pet's droppings properly and quickly.
  4. Tenant agrees not to leave food or water for their pet or any other animal outside their dwelling.
  5. Tenant agrees to keep pet from causing any annoyance or discomfort to others and will remedy immediately any complaints made through the Landlord.
  6. Tenant agrees to pay immediately for any damage, loss, or expense caused by their pet.
  7. Tenant agrees that Landlord reserves the right to revoke permission to keep the pet should Tenant break this agreement.
  8. Tenant agrees to pay an additional $15.00 in rent per month per pet.

     Tenant 1 Date

     Tenant 2 Date

     Landlord Date