Vacation at home at this peaceful 10 acre oasis complete w/fishing pond, meadows, creeks, & woods! Picnic area off the pond for BBQs &dock for fishing! Home w/stunning upgrades/updates: Dual zoned, indoor charcoal grill, tongue&groove wood floors, Master w/his&her sinks &jetted tub. Large windows for tons of natural light! Plenty of wildlife to enjoy: turkeys, foxes, deer, ducks! The master has a huge bonus rm that would be perfect for a nursery, office or work out rm. This 10 acre sanctuary is a calming place of renewal while it lends to nature & privacy! Enjoy the serene surroundings. The dry creek borders back property line. Animals allowed with pet deposit. Renters cover all utilities and landscaping Due at signing: 1st months rent and last months rent. Pet Deposit Detached garage is storage for home owners and not to be used by renters. If you desire to use it, it may be discussed for additional rent. THIS RESIDENTIAL LEASE ("Lease") is made and entered into by and between RESIDENTIAL LEASE This document has legal consequences. If you do not understand it, consult your attorney. For and in consideration of the undertakings and obligations of the parties hereto, it is hereby agreed as follows: LEASE. Landlord hereby leases to Tenant, upon the terms and conditions herein set forth, certain premises (the "Premises") located at: together with such personal property and furnishings as are set forth here. Note: If any separate charges or fees (in addition to Rent set forth in Section 4) are to apply with respect to parking or otherwise, then the parties should specify such in the "Special Agreements," Section 35, of this Lease. ("Landlord") and ("Tenant"). This paragraph, if used, shall bind the parties to a fixed lease term commencing on ______________, 20_____, and terminating at 12:00 p.m. (noon) on ________________, 20 _____ (the "Term"). This paragraph, if used, shall bind the parties to a lease term from month to month, commencing on _______________________, 20_____ and continuing month to month until terminated by Landlord or Tenant, by giving the other party at least thirty (30) calendar days' Notice of termination before the next Rent payment date (the "Term"). RENEWAL OPTION. (If the following is not applicable, insert "zero," "0," "N/A" or "Not Applicable") Tenant shall have the right to extend the Term for _____ additional period(s) of ______ (____) years each, commencing on the expiration of the then current Term (i.e., expiration of the base Term with respect to commencement of the first extension period; expiration of the first extension period with respect to commencement of the second extension period, etc.) of this Lease. Such right shall be deemed effectively exercised only if Tenant gives Landlord Notice thereof at least ______ calendar days (ninety (90) days if none stated) prior to the expiration of the then current Term and only if Tenant is not in default at the time of such exercise. All terms and provisions of this Lease shall apply during the extension Term(s), except that Rent payable pursuant to the Lease shall be increased (but in no event decreased) as follows: Tenant's failure to exercise its right to extend the Term (if more than one (1) extension option is permitted hereby) shall cause all rights to future extensions to lapse. It is expressly understood that the right to extend granted herein is personal to the person(s) expressly named as the initial Tenant in this Lease and shall not inure to the benefit of any successor, assignee or subtenant of Tenant's interest under this Lease. RENT. Tenant agrees to pay a total of $______________ to Landlord for the entire Term of this lease. Tenant agrees to pay an amount ("Rent") of _________________________Dollars ($____________) per month, payable in advance on the ______ day of each month during the Term of this Lease. The first full month's Rent (together with per diem Rent if the Term commences other than on the first day of the month) shall be paid upon execution of this lease. Rent and Additional Fees are collectively referred to as "Rent". All Rent shall be paid on or before the date when due without set-off, counterclaim, deduction or a grace period whatsoever. Tenant agrees to pay $_________________________for each day that Rent remains unpaid after due date as a late charge. This provision is in addition to all other rights and remedies provided by this Lease and shall not affect Landlord's right to declare Tenant in default for failure to pay any sum when due. All Rent shall be payable to Landlord SECURITY DEPOSIT. Upon execution of this Lease Tenant shall deliver the sum of (not to exceed two (2) months in Missouri; in Kansas one (1) month additional one-half (1/2) month with pets Rent) ______________________________ Dollars ($_____________) (the "Security Deposit") to (check one) Landlord or Landlord's property manager to be held for the Term as security for Tenant's performance of its obligations as herein specified. Landlord may withhold from the Security Deposit such amounts as are reasonably necessary to (a) remedy Tenant's default in the payment of Rent; (b) restore the Premises to its condition at the commencement of the Term, ordinary wear and tear excepted; or (c) compensate Landlord for actual damages sustained as a result of Tenant's failure to give adequate Notice to terminate this Lease pursuant to law or the terms hereof; and as may otherwise be permitted by applicable law. Within thirty (30) calendar days after termination of the Lease, Landlord shall either return the full amount of the Security Deposit or furnish to Tenant a written itemized (within fourteen (14) calendar days in Kansas) list of the damages for which the Security Deposit or any portion thereof is withheld (along with the balance thereof, if any) as required by 535.300 RSMo. in Missouri and K.S.A. 58-2550 in Kansas. Refund may be made by one check, jointly payable to all known persons and entities constituting the Tenant. Such refund check and any itemization of damages may be mailed to one Tenant only. The Security Deposit does not constitute liquidated damages and nothing herein shall limit Landlord's right to recover actual damages in excess thereof, or permit Tenant to apply any portion thereof in lieu of payment of any Rent due under this Lease. The Security Deposit (and any prepaid Rent or other deposit hereunder) may be held in an interest bearing account. Any interest earned shall be paid to Landlord (or its property manager if and as so designated from time to time). If Landlord conveys its interest under this Lease the Security Deposit may be turned over to Landlord's grantees or assigns. In such case Tenant hereby releases Landlord from any liability and shall look solely to such grantee or assign with respect to the Security Deposit. Residential Lease Page 2 of 9 USE RESTRICTIONS. Tenant agrees that the Premises shall be used and occupied as a residence only, in compliance with all zoning and any other applicable laws, and shall not be used for any other purposes without Landlord's prior written consent. Nothing in this paragraph shall prohibit Tenant from hosting reasonable numbers of guests for limited periods of time. Tenant agrees that no more than ___2____ (__) persons per bedroom shall occupy the Premises. All adult occupants shall agree in writing to be bound by the terms of this Lease. Any proposed adult occupant of the Premises who has not signed this Lease shall be subject to Landlord's application procedures and reported to Landlord prior to such party taking occupancy. Landlord may reject a proposed additional occupant for any lawful reason. JOINT LIABILITY. Each adult occupant at the Premises is deemed a Tenant hereunder and shall be jointly and severally liable for all obligations of and sums due from the Tenant under this Lease. A violation by any person constituting the Tenant is deemed a violation by all. Each such Tenant shall be fully responsible for the actions of all other Tenants and all guests, invitees, employees, agents, occupants or other persons located at the Premises at any time. Landlord may, but shall not be obligated to, proceed directly against any one or more person constituting the Tenant without waiving any right or remedy Landlord may have against any other Tenant. No discharge of any Tenant, in bankruptcy, insolvency proceeding or otherwise, shall in any way or to any extent discharge or release any other Tenant from any liability or obligation hereunder. Delivery of Notice to any adult occupant shall constitute Notice to all Tenants. PREMISES CONDITION. Tenant has inspected the Premises (and within five (5) calendar days prepared a written inventory signed by both parties in Kansas as required by K.S.A. 58-2548) prior to execution of this Lease and, unless and except as may be otherwise noted below regarding Landlord's Work, shall accept and take possession on the commencement date in its "as-is" condition. If Landlord shall fail for any reason to put Tenant in possession, with all of Landlord's Work completed (if required), within five (5) calendar days after the scheduled commencement date, then Tenant's sole right and remedy shall be to either (a) terminate this Lease by delivering Notice to Landlord prior to delivery of possession as aforesaid; or (b) receive an abatement of Rent until possession is so delivered to Tenant. Tenant agrees to keep the Premises in at least as good order, condition and repair as when received, free from any debris, trash or filth, and to not do anything to create a danger of fire or cause an increase in rates or cancellation of insurance. Tenant shall notify Landlord immediately of any repairs needed that, if left unattended, would result in damage to the Premises, such as water leakage, roof damage, wall cracks and/or holes, termite or insect damage, etc. Landlord shall keep and maintain the foundation, exterior walls and roof of the building in which the Premises are located and the utilities and structural portions of the Premises in good repair and habitable condition, except that any repairs required to be made by reason of the negligence, willful misconduct or neglect of Tenant (or others as described in Section 7) shall be Tenant's sole responsibility. Tenant shall be responsible to maintain the lawn (if any) at the Premises (or cause the same to be maintained); and Tenant shall be responsible for removal of snow and ice (or cause the same to be removed). SURRENDER OF POSSESSION. Upon expiration or earlier termination of the Term of this Lease, Tenant shall surrender possession of the Premises in as good order, condition and repair as when received, ordinary wear and tear excepted, shall remove all personal property and debris, clean the Premises thoroughly and, if needed, have the carpet cleaned by a professional cleaning company. Tenant shall reimburse Landlord for any repairs or cleanup that is necessary and not completed by Tenant prior to surrendering possession of the Premises. NO ASSIGNMENT/SUBLETTING. Tenant shall not assign this Lease or sublease the Premises or any portion thereof to any other person or entity without Landlord's prior written consent. DRUGS. Illegal drug trafficking or use or possession of illegal drugs is a violation of law and this Lease, subjecting Tenant to immediate termination of this Lease and to all applicable penalties, including those provided under 441.710 et seq. R.S.Mo. (in Missouri) If Tenant or any other person uses or is involved in the use, possession or distribution of illegal drugs while in, on or about the Premises, such shall be just cause for eviction. UTILITIES. Tenant shall pay all utilities, including connection fees, that are separately metered for the Premises when due. QUIET ENJOYMENT/ACCESS. Landlord will permit Tenant to quietly and peaceably hold, occupy and enjoy the Premises during the Term without unreasonable interference by Landlord, provided that Tenant is not in default hereof, and provided further that Landlord or its designated agent(s) shall have the right (but no obligation) at all reasonable times upon prior Notice (except if an emergency) to inspect the condition of the Premises, determine if Tenant is complying with all terms hereof, make necessary or desirable repairs, and to show the Premises to prospective tenants or buyers. LANDLORD LIABILITY/INDEMNITY. Landlord (and its property manager if any is so designated from time to time) shall not be liable to Tenant, Tenant's guests or any other occupant or person at the Premises, for any injury, damage or other loss to any person or property caused by Tenant or any other occupant or person, including but not limited to theft, burglary, assault, other crimes, fire, ice, water, wind, rain, smoke, acts of God or force majeure or any other cause, excluding only Landlord's (or its property manager's) willful misconduct or extreme and reckless indifference and disregard for safety and rights of others, it being specifically acknowledged however that Landlord shall have absolutely no duty or responsibility of any kind with respect to safety or security at the Premises. Subject thereto, Tenant agrees to indemnify and hold Landlord (and its property manager, if any) free and harmless from any and all liability for injury to or death of any person, or for damage of any property, arising from the use and occupancy of the Premises or by the act or omission of any person, including costs of defense and reasonable attorney's fees. Tenant shall report any criminal incident in or near the Premises to Landlord, and if requested shall fill out a report and participate in any investigation Landlord may undertake. Should Landlord establish any security procedures or policy, Tenant shall abide by the same. INSURANCE. During the Term, Tenant shall maintain Tenant/Renters insurance coverage and if requested, shall provide proof of coverage prior to taking possession. Tenant shall maintain insurance on Tenant's own personal property if Tenant desires this coverage. Tenant acknowledges that loss of or damage thereto will not be covered by the proceeds of any insurance maintained by Landlord and hereby releases Landlord from any and all claims for loss, damage or inconvenience. Landlord will maintain fire and extended homeowners/hazard casualty replacement coverage and liability insurance covering the building in which the Premises is located during the Term. Landlord and Tenant hereby waive all rights each may have against the other on account of any loss or damage occasioned to the person or property of Landlord or Tenant, the Premises or its contents, arising from any risk which is insured against by Landlord or Tenant (to the extent of such insurance proceeds), and the parties each, on behalf of their respective insurance companies insuring the property of either Landlord or Tenant against any such loss, waive any right of subrogation that it may have against Landlord or Tenant, as the case may be. Required to maintain renters insurance with minimum liability limits of $300,000, also have septic backup on the policy .Most importantly you would add Landlord as "additional named insured" CASUALTY. If the Premises are rendered partially uninhabitable by fire or other casualty, Rent shall be equitably reduced until such time as the Premises are wholly habitable or this Lease is terminated. If Landlord does not elect to terminate this Lease, then Landlord shall proceed without undue delay to render the Premises wholly habitable, and if not finished within one month after the date of damage or loss, then Tenant shall have the option of terminating this Lease immediately thereafter by giving to Landlord Notice of termination. If the Premises are totally destroyed or rendered wholly uninhabitable, then at the option of either party, this Lease shall terminate upon Notice (five (5) calendar days in Kansas) to the other and any prepaid Rent shall be refunded to Tenant together with any unexpended portion of the Security Deposit. If the parties do not elect to terminate, then Rent shall be wholly abated until the Premises is repaired and fit for occupancy. DEFAULT. If Tenant shall fail to make any payment of Rent on or before when the same is due, or to comply with any other term, covenant or agreement herein contained, Tenant shall be in default hereof and Landlord shall have the option to pursue any one or more right or remedy provided for herein without Notice or demand whatsoever, which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies provided for at law or in equity, including but not limited to those set forth at 441.065 RSMo in Missouri and K.S.A. 58-2565 in Kansas if Tenant abandons the Premises. No failure to exercise, nor any delay in exercising any right or remedy hereunder by Landlord shall operate as a waiver thereof, nor shall any single or partial exercise by Landlord of any such right or remedy preclude any other or further exercise thereof or any other right. Waiver by Landlord of any default, breach or failure of Tenant under this Lease shall not be construed as a waiver of any subsequent or different default, breach or failure. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement on any check or any letter accompanying any payment be deemed an accord and satisfaction. Landlord may accept such payment without prejudice to Landlord's right to recover the balance due or pursue any other remedy, or in any way waiving Landlord's rights with respect thereto or any other breach. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or sooner termination of the Term without Landlord's written consent, such holding over shall constitute a default hereof and, without limiting any other right or remedy of Landlord at law or in equity, create and be deemed to be a tenancy at sufferance, terminable without Notice of any kind except as may be required in accordance with law, but subject to all other terms of this Lease insofar as the same may apply to such a tenancy, except that Tenant shall pay, in addition to all other charges payable by Tenant hereunder, for each day that Tenant holds over, Rent at an amount equal to two (2) times in Missouri and one and one-half (1-1/2) in Kansas the rate (on a per diem basis) of Rent herein provided to be paid during the last month of the Term. Landlord's receipt of holdover Rent shall not relieve Tenant of liability to Landlord for damages resulting from Tenant's holdover. ENFORCEMENT/ATTORNEY FEES. If Landlord enforces any provision of this Lease through court action, then in addition to any damages or equitable relief, Tenant will pay Landlord's costs and expenses of litigation, including court costs and (in Missouri) reasonable attorney fees. The provisions of this Section shall survive any termination of this Lease. NOTICES. Unless otherwise specifically provided herein or under applicable law, any notice, consent, approval, request, waiver, demand or other communication (collectively, "Notice") required under this Lease to be given by or on behalf of either party to the other shall be in writing and may be given by mailing such Notice by registered or certified mail return receipt requested, addressed to Landlord (or Property Manager on its behalf if so indicated), or to Tenant (as the case may be), at the address set forth on the signature page of this Lease. Notice to Tenant may also be effectively delivered to the Premises following initial occupancy thereof by Tenant. Notice to either party may also be sent via other means (including personal delivery, courier or messenger service or otherwise as permitted or required under applicable law, such as posting or legal publication). Any such Notice shall be deemed to have been duly given when actually received by the intended recipient (or as otherwise provided under applicable law). Refusal to accept service of a Notice shall constitute delivery of the Notice. A party may designate a new address for purposes of payment of Rent or delivery of Notice hereunder by giving at least fifteen (15) calendar days' advance Notice thereof to the other party in the manner provided above. Residential Lease Page 5 of 9 RULES AND REGULATIONS. The following Rules and Regulations (and as the same may be revised or supplemented from time to time by Landlord upon Notice to Tenant) shall be additional covenants and agreements on the part of Tenant. Failure to comply with or observe any Rules and Regulations shall be deemed a violation by Tenant of this Lease. Tenant shall keep the Premises and any common areas provided for Tenant use in connection with the Premises, including halls, stairways, elevators, yard, sidewalks, driveways, recreation and parking areas, free from trash, debris or filth, and shall not permit toys, bicycles, scooters, skates, charcoal grills or other items to be or remain in such common areas, but shall be stored in the Premises or such other place which Landlord may provide. Tenant shall not interfere with the use and enjoyment of any such areas by Landlord or any other tenant. Garbage, trash, waste and debris shall be kept in the kind of container, placed in the areas, and prepared for collection in the manner and at the times and places specified by Landlord. If Landlord designates a service to pick up such items, Tenant shall use the same at Tenant's cost. Landlord may require Tenant to contract directly for such service with a designated service provider. Food stuffs, garbage and refuse shall be stored and removed from the Premises in leak proof containers. Tenant shall clean and remove any evidence of such leakage at its expense. Automobiles of Tenant and all family members, guests, invitees, agents or employees, shall be parked in regular parking places, if provided, and in no other place. No trailer of any kind shall be parked or stored at any place on or around the Premises without Landlord's prior written approval. Tenant shall not make any alterations to the Premises, and shall not paint, wallpaper, decorate or otherwise change the Premises in any manner, including but not limited to installing any nails, screws or other devices for hanging pictures or other items on or from the walls or woodwork, without Landlord's prior written consent. Tenant shall not play any musical instrument or mechanical device or work with power tools in such manner as to disturb Landlord or neighbors. Tenant shall not allow loud, disturbing noises or voices by Tenant or Tenant's family, guests, invitees, agents or employees. Tenant shall not place or cause to be placed or permit anywhere in or about the Premises any sign, advertisement or announcement whatsoever, without Landlord's prior written consent. Plumbing fixtures shall be used for the purposes intended only. Cloths, cardboard, grease or other materials not designed for disposal in this manner shall not be placed in or disposed of in any plumbing fixture, Tenant shall be liable for any costs or repair by reason of such misuse. Tenant shall not alter, replace or add locks upon any door or window without Landlord's prior written consent, and shall return all keys to Landlord upon termination of this Lease. Landlord agrees to change locks upon written request of Tenant and payment in advance of all applicable locksmith or other contractor service fees. Waterbeds are prohibited without Landlord's written approval and certificate of insurance before move-in. Tenant shall not use, generate, manufacture, produce, store, release, discharge or dispose of on, under, from or about the Premises any flammable or hazardous substances other than customary cleaning supplies and solvents typically used in connection with residential properties. Tenant shall ensure that the air conditioner compressor is kept clean and free of debris at all times, and that all filters are changed regularly (at least every 3 months). Tenant shall inspect smoke alarms monthly and replace batteries when needed RIDERS. ENTIRE AGREEMENT/MODIFICATION. This Lease and any attachment(s) hereto (if any) constitute the entire agreement between the parties and there are no other understandings, written or oral, relating to the subject matter hereof. This Lease may not be changed, modified or amended, in whole or in part, except in a writing signed by Landlord (or its property manager if and as may be designated from time to time by Notice form Landlord) and any adult occupant constituting Tenant (which shall be binding on all other persons and entities, if any, constituting the Tenant hereunder). This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. For purposes of executing this Lease, a document signed and transmitted by facsimile machine or a scanned image, such as a pdf via e-mail, is to be treated as an original document. GOVERNING LAW/CONSTRUCTION. This Lease shall be construed in accordance with the laws of the state where the Premises are located. Section captions in this Lease are intended solely for convenience of reference and will not be deemed to modify, place any restriction upon, or explain any provision of this Lease. If any one or more provision contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not be deemed to terminate this Lease or to affect any other provision hereof, but rather this Lease shall, to the fullest extent permitted by law, remain in full force and effect and be construed as if such invalid, illegal or unenforceable provision(s) had never been contained herein; provided, however, that such provision(s) may be referred to in order to determine the intent of the parties.
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