This lease agreement is mutually agreed this date, Monday, December 15, 2003 by and between   (Lessor) and ___________________ (Lessee) on the following terms and conditions.

1.         Lessor does hereby lease to Lessee apartment number ___ in the ___ unit commercial building known as  located at _________ in the City of ______________, Sheboygan County, Wisconsin.

2.         The initial term of this shall begin on, Thursday, January 1, 2004 and end at 5:00 pm on December 31, 2004.  After the initial term ends, this agreement will revert to a month to month tenancy unless a new lease is entered into by the parties hereto, which new lease shall supersede and void this agreement.  In the event that Lessee shall decide to terminate this lease upon expiration of the initial lease term or the proceeding month to month term, whichever at time of notice is in effect, Lessee shall give Lessor not less that sixty (60) days notice in writing on the first of a month.

3.         Lessee agrees that the demised premises shall be occupied by no more than 1 person(s) consisting of 1 adult, and 0 child(ren) under the age of eighteen without the written consent of Lessor. 

4.         Monthly rental payments in the amount of $450.00 are due on or before 5:00 pm, on the first day of each month during the term of this lease.  Payments are to be made payable to Messner Property Management and are to be mailed to 1331 North 7th Street, Sheboygan, Wisconsin  53081, or at such other place as designated by Lessor or their appointed agent.

5.         RENT NOT RECEIVED BY OUR OFFICE BY DUE DATE LISTED IN PARAGRPH 4 IS SUBJECT TO THE FOLLOWING LATE CHARGES:   $ 25.00 DOLLARS PLUS $14.79 PER DAY RETROACTIVE TO THE FIRST.

6.         LESSEE SHALL PAY A FEE OF $50.00 FOR EACH PAYMENT THAT IS RETURNED DUE TO INSUFFICIENT FUNDS, CLOSED ACCOUNT, STOP PAYMENT, ETC.

7.         Messner Property Management, Managing Agent, is the agent for maintenance, management, collection of rents and legal process on behalf of Lessor.  The office of Messner Property Management is located at 1331 North 7th Street, Sheboygan, WI 53081, telephone (920) 457-1912.

8. Lessee is responsible for payment of all utility bills for the apartment and agrees to promptly pay same when due.

9.         Provided with this rental is the exclusive use of garage “C”. No other parking is provided.  Lessee is specifically prohibited from parking any vehicle or storing any item in the guest parking stalls or on the lawn.

10.       Lessee shall not assign this lease nor sublet the premises or any part thereof.

11.       Upon execution of this lease, Lessee shall pay a security deposit in the amount of $550.00. All security deposits are held in an account in the name of the owners.  Lessee agrees to return the premises as received and repaired.  The cost of repairing any damages caused by Lessee and failure to clean will be deducted from the security deposit as outlined in the Security Deposit Agreement.  Lessee has seven (7) days after the beginning of the lease term to notify Lessor in writing of damages or defects of which notification is given.

12.       Lessee has examined and knows the condition of the premises, and agrees that he has received same if good repair excepting only;  See Check-In/Check-Out Form.

13.       Lessee has received the following keys: apartment door 2 key(s), mailbox 0 key(s), and storage 0 key(s).  Lessee agrees to return all keys immediately upon vacating the premises by personally delivering the keys to the Manager.  In the event that said keys are not immediately returned, Lessee shall be charged for keys and/or locks.

14.       Lessor is responsible for all building maintenance, excepting such maintenance as resulting from the damage, or neglect of Lessee, their friends, guests or acquaintances. 

15.       Lessor and/or its Agents may enter the premises at reasonable times and with 12 hours advance notice, with or without Lessee's permission to inspect the premises, make repairs, show the premises to prospective tenants or purchasers, or to comply with any applicable law or regulation.  Lessor may enter with less than 12 hours advance notice upon specific consent of Lessee.  No advance notice is required for entry in a health or safety emergency or where entry is necessary to preserve and protect the promises from damage in Lessee's absence.

16.       If the Lessee shall abandon the premises before the expiration of the lease term, Lessor shall make reasonable efforts to re-lease premises and shall apply any rent received, less costs of reletting, to the rent due or to become due on this lease and Lessee shall remain liable for any deficiency.  If Lessee shall leave any property on the premises after vacation or abandonment of the premises, Lessee shall be deemed to have abandoned the property, and Lessor shall have the right to dispose of the property as provided by law.

17.       During the lease term, as a condition to Lessee's continuing right to use and occupy the premises, Lessee agrees and promises to abide by the rules and regulations as outlined in this lease.

18.       If the premises are damaged by fire or other casualty to a degree which renders them untenantable, Lessee may terminate the lease or vacate the premises and rent shall abate until the premises are restored to a condition comparable to their prior condition.  If the. premises are damaged to a degree which does not render them untenantable, Lessor shall repair them as soon as reasonably possible.

19.       Lessor shall not be liable for any damage occasioned by failure to keep said premises in repair, and shall not be liable for any damage done or occasioned by or from any leakage in plumbing, gas, water, or other pipes or sewerage, or the bursting, leaking or running of any wash-stand, water-closet, or waste-pipe, or above, upon or about said building or premises nor for damage occasioned by water, snow or ice being upon or coming through the roof or otherwise, or for any damage arising from acts or neglect of co-tenants or other occupants of the same building.  All personal property upon the demised premises shall be at the risk of Lessee only and Lessor shall not be liable for any damage thereto or theft thereof.

20.       This instrument shall not be a lien against said premises with respect to any mortgages that hereafter may be placed against said premises and the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien to this lease irrespective of the date of recording, and Lessee agrees to execute any such instruments, without cost, which may be deemed necessary or desirable to further affect the subordination of this lease to any such mortgage or mortgages; and the refusal to execute such instruments shall entitle Lessor to the option of canceling this lease without incurring any expense or damage and the term hereby granted is expressly limited accordingly.

21.       Should Lessee neglect or fail to perform and observe any of the terms of this lease, Lessor shall give Lessee written notice of such breach requiring Lessee to remedy the breach or vacate the premises on or before a date at least 5 days after the giving of such notice, and if Lessee fails to comply with such notice, Lessor may declare his tenancy terminated and institute action to evict Lessee from the leased premises without limiting the liability of Lessee for the rent due or to become due under this lease.  If Lessee has been given such a notice and has remedied the breach or been permitted to remain in the premises, and within one year of such previous breach, Lessee commits another breach, this lease may be terminated if, before the breach has been remedied, Lessor gives notice to the Lessee to vacate on or before a date at least 14 days after the giving of the notice.

22.       Lessor may make changes in the rules governing the premises and the building of which they are part as Lessor deems necessary.  Lessee agrees to observe and comply with all such rules and any violation of the rules shall be deemed a breach of this lease.  Lessor may make changes in the rules and shall give written notice of changes to Lessee at least 14 days before the new rules become effective.

23.       The terms Lessor and Lessee when used herein shall be taken to mean either singular or plural, masculine or feminine, as the case may be, and the provisions of this instrument shall bind the parties mutually, their heirs, personal representatives, successor and assigns.

 24.       All Lessees, if more than one, shall be jointly and severally liable for the full amount of any payments due under this lease.

25.       Lessee agrees to pay all reasonable costs, fees and expenses that shall be paid or incurred by Lessor in enforcing this lease, including a $  25.00 5-DAY SERVICE FEE, due and payable with any and all 5-day notices.

26.       Lessee agrees to peaceably vacate the premises at the end of the term.  In the event of Lessee/s holding over beyond the expiration of the term provided for herein, which holding over shall be deemed to include leaving any material possessions) on the premises or common areas, Lessee hereby agrees to pay rent throughout said term at a daily rate of two (2) times the stated rental of this agreement.  Further, throughout the term of such holding over, all appropriate terms of this lease shall continue in full force and effect.

27.       The premises and the building of which they are a part are not currently cited for uncorrected building or housing code violations.

28.       The premises has hot and cold running water, plumbing and sewerage disposal facilities in good operating condition.

29.       The premises has adequate heating facilities and in safe operating condition and is capable of maintaining a temperature in the dwelling of at least 67 degrees Fahrenheit (19 degrees Centigrade) during all seasons of the year in which the dwelling unit may be occupied.

30.       The premises is served by electricity and the electrical wiring, outlets, fixtures and other components of the electrical system are in safe operating condition.

31.       There are no structural or other conditions in the dwelling unit or premises known to the landlord or which could be known on the basis of reasonable inspection, which constitute a substantial hazard to the health or safety of the tenant, or create an unreasonable risk of personal injury as a result of any reasonably foreseeable use of the premises other than negligent use or abuse of the premises by the tenant.

32.       ILHR 5.1245 (3) requires the building owner be responsible for maintaining smoke detectors in working condition.  Lessee shall be responsible for informing Lessor, in writing, of any smoke detector malfunction.  Lessor shall have 5 days upon receipt of written notice from Lessee to repair or replace the smoke detector. 

33.       Special Stipulations.  ADDENDUM “A” CONTAINING THE Security Deposit Agreement, Rules & Regulations of Apartments, and ADDENDUM “B” CONTAINING THE Carpet Cleaning Agreement. The Lead Based Paint Addendum is attached and made part of this contract.

 

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This lease signed by both parties on Friday, August 29, 2003

 

 

 

_______________________________________                  _____________________________

(LESSEE)                                                                                (DATE)

 _______________________________________                  _____________________________

(LESSEE)                                                                                (DATE)

 _______________________________________                  _____________________________

(LESSEE)                                                                                (DATE)

 _______________________________________                  _____________________________

(LESSEE)                                                                                (DATE)

 _______________________________________                  _____________________________

(LESSOR)       Kevin B. Messner for                                       (DATE)

                        PROPERTY OWNER

 

 

Included in this rental are the following appliances:

   Range

   Refrigerator

   Air Conditioner

   Wash Machine

   Clothes Dryer

   Microwave

 

 

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 THE FOLLOWING SECTION CONTAINS THE NON-STANDARD RENTAL PROVISIONS.  THESE PROVISIONS ARE ADDED AS AN ADDENDUM TO THE AFOREMENTIONED LEASE.

 

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SECURITY DEPOSIT AGREEMENT

 

As required by Messner Property Management and the owners they represent, the Security Deposit in most instances will be equal to one months rent plus fifty dollars.  The apartment should be returned to MPM or its representatives in a condition similar to the beginning of your tenancy.  In the event of your failure to do so, it is agreed that your security deposit will be forfeited according to the following fee schedule:

 

REMOVAL:

All of your belongings must be removed from closets, shelves, cupboards and any other storage areas.  These areas must be clean inside and out, if they are not a charge of $50.00 will be applied against your security deposit. 

 

SECURITY:

If it is necessary to replace locks because of your failure to return keys, a charge of $55.00 will be made for each lock which has to be replaced. – A $100.00 FEE PER CALL WILL BE ASSESSED IF THE LESSEE LOCKS THEMSELVES OUT OF THE UNIT AND REQUIRES THE LESSOR TO OPEN THE UNIT

 

PAINTING

Entire apartment needs painting	$ 500.00
Each bedroom that needs painting	$ 100.00
Kitchen needs painting	$ 125.00
Living &/Or Dining room needs painting	$ 135.00
Bathroom needs painting	$   45.00
Individual walls needs painting	$   30.00
Any other room or hallway needs painting	$   85.00

 

CARPETING:

Please refer to the Carpet Cleaning Agreement.

 

CLEANING:

Apartment needs general cleaning	$ 150.00
Bathroom only needs cleaning	$   50.00
Kitchen only needs cleaning	$   75.00
Each bedroom that needs cleaning	$   15.00
Each Light Bulb that need replacement	$     1.00

 

DAMAGE:

Any damage due to cigarette burns, holes in the walls, woodwork, or carpets, pet stains (Should a pet have been allowed), or broken or missing items shall be at the cost of replacement or repair which ever deemed appropriate by management.

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Rules & Regulations Of Apartments

 

During the lease term, as a condition to Lessee's continuing right to use and occupy the premises, Lessee agrees and promises:

 

1.      To use the premises for residential purposes only by Lessee and Lessee's immediate family.

 2.      Not to make or permit use of the premises for any unlawful purpose that will injure the reputation of the premises or the building of which they are a part.

 3.      Not to use, possess, sell, maintain, or manufacture illegal drugs of any type.  Arrest for any of the following will, at lessor’s option, void this lease, and be ground for eviction.

 4.      Not to make or permit excessive noise or engage in activities which unduly disturb neighbors or other tenants in the building which the premises are located.

 5.      NOT TO KEEP IN OR ABOUT THE PREMISES PETS OF ANY KIND.

 6.      To obey all lawful orders, rules and regulations of all governmental authorities.

 7.      To keep the premises in clean and tenantable condition and in as good repair as the beginning of the lease term.

 8.      To be liable for all acts of negligence or breaches of this lease by Lessee and Lessee's guests and invitees.

 9.      Lessees and their employees shall maintain order in the building and shall not make or permit any improper noises in the building or interfere in any way with other tenants or those having business with them.

 10.  The use of all pianos, radios, television sets, phonographs, and other musical devices must discontinue at  11:00 p.m. No musical instruments shall be played for practice at any time and the giving of music lessons, vocal or instrumental, in the building is prohibited.

 11.  Lessor acknowledges each lessee's right to have parties, or a large number of guests, provided that good order prevails and boisterous conduct is avoided.  Violation of this regulation will, at the option of lessor, void the particular lease involved.

 12.  No play Wagons, bicycles, motorcycles, motorbikes, or other vehicles shall be allowed in the corridors, halls, elevators, or elsewhere in the building, and lessor reserves the right to remove any and all objectionable items and nuisances.  Lessor's failure to remove such items promptly does not constitute a waiver in this regard.

 13.  The floors, skylights, and windows that reflect or admit light into any place in the building shall not be covered or obstructed by any lessee.  The bathroom facilities and other water apparatus shall not be used for any other purposes than those for which they were constructed, and no sweepings, rubbish, rags, ashes, or other substances shall be thrown therein.  Any damage resulting to them, to the heating apparatus, or to any other equipment from misuse shall be paid for by the lessee.

 14.  Nothing shall be thrown out of the windows or doors, or down the passage of skylights of the building, by any lessee or by the guests \ visitors of the lessee.

 15.  All lessees and occupants must observe strict care not to leave their windows open when it rains or snows, and for any default shall make good any injury sustained by other tenants, or by lessor, through damage to paint, plastering, or other parts of the building.

 16.  No lessee shall do or permit anything to be done in the premises, or bring or keep anything therein, that shall in any way increase the rate of fire insurance on the leased premises, or bring or keep anything therein that will interfere with the rights of other tenants, or in any way injure or annoy them, or conflict with any applicable fire or safety rules or regulations, or the provisions of any insurance policy providing insurance on the building or any part thereof.

 17.  All non-emergency reports of repairs needed and of irregularities to which lessor's attention should be directed must be made in writing to lessors office.

 18.  No painting or wall papering shall be done, or alterations made to any part of the building by putting up or changing any partition, door, or window, and no nailing, boring, or screwing into the woodwork or walls shall be done, without the consent of lessor.

 19.  All glass, locks, and trimmings in or on the doors and windows, belonging to the building, shall be kept whole, and whenever any part thereof shall be broken, the same immediately shall be replaced or repaired and put in order under the direction and to the satisfaction of lessor, and shall be left whole and in good repair, in the same number and kind, and with the same kind of keys as received by the lessee on entering into possession of any part of the building or during his tenancy.

 20.  If a lessee desires awnings outside or shades inside the windows, other than those provided by lessor, such awnings or shades must be of such shape, color, material, and make as may be prescribed by lessor, and must be constructed or attached at lessee's expense.

 21.  Any lessee installing or causing to be installed an additional lock in the entrance door of his apartment shall, within three days after such installation, deliver a duplicate key to such lock to lessor at his office.

 22.  All locks so installed are to remain after the termination of the lessee's tenancy for the benefit of lessor.

 23.  Lessee must, at the termination of his lease, return all keys to doors, closets, and storerooms. As many keys for outside doors or mailboxes will be furnished as any lessee desires.  Failure to return keys will result in charges as outlined in the Security Deposit Agreement.

 24.  The outdoor common areas are provided for the quiet enjoyment of all building occupants and their guests.  Lessee, their families, guests, and acquaintances are strictly prohibited from playing in on or around or causing damage or disturbance including littering to the lawn, trees, shrubs, utility equipment, outdoor buildings (including garages) or parking area.   Any damage resulting, from misuse shall be paid for by the lessee.