This document has legal consequences.
©ST. LOUIS ASSOCIATION OF REALTORS
®
If you do not understand it, consult your attorney.
Approved by Counsel for the St. Louis Association of REALTORS
®
Form# 2118
1/09
RESIDENTIAL LEASE
(Intended for use with houses and for use with condominiums,
villas or similar lifestyle properties)
DATE:
1. PARTIES AND PROPERTY.
Tenant, agrees to lease from the undersigned Landlord the following real property located in the
of
Missouri, known as and described as follows:
2.
TERMS
Tenant agrees to pay a total of $
to Landlord for the rental period
of
beginning
and ending on
Tenant covenants and agrees to pay a monthly rental fee of $
in advance on the
day of each month during the term of this lease. The first month's rent shall be paid on
. If Tenant takes possession of the property in advance of the term, all conditions of this
lease shall prevail and rent shall be paid pro rata to the beginning of the month. In the event the Landlord receives
the rental payment on or before the due date each month, a $ discount shall be applied
to the monthly payment.
3.
ADDITIONAL RENT
All monthly rent payments shall be paid on or before the due date without a
grace period and if not received by Landlord when due, then in addition to other remedies which are
contained herein or as may be provided by law, Tenant agrees to pay additional rent of $
per
day for each day such rent or partial rent is overdue as liquidated damages, actual damages being impossible to
ascertain. An insufficient check shall incur the same additional rent until such time as the check is made good. All
rental payments shall be paid to
and
delivered to:
or to
such other place as the Landlord may, from time to time, direct.
4.
SECURITY DEPOSIT
The security deposit of $
payable upon execution of this lease, shall
be held by
(Landlord if none other specified), without interest to Tenant for
the term of this lease, in part, as a guarantee of the performance by the Tenant of the agreements contained herein.
Landlord is hereby authorized to expend from this deposit, such sums necessary to clean the premises and correct
or repair damage done by the Tenant or Tenant's guests or invitees. Within thirty (30) days after the termination of
the tenancy or recovery of possession by Landlord (whichever is later), Landlord shall either return to the Tenant
the full security deposit or furnish a written itemized list and cost or estimated cost of any such damages or reasons
for which the security deposit or any portion thereof is being withheld along with the balance of the security deposit,
if any. In the event the security deposit is not sufficient to correct or repair the damage or restore the loss due to
Tenant's non performance, then Tenant agrees to pay such additional amount upon notification of the dollar amount.
The security deposit is not to be construed by the Tenant as a payment of any installment of rent due under the terms
of this lease. The security deposit refund may be in one check, jointly payable to all Tenants and such refund check
and itemization of deduction may be mailed to one Tenant only.
NOTE: IN NO EVENT SHALL SECURITY DEPOSIT BE USED BY TENANT AS ANY PART OF RENT.
Missouri Landlord and Tenant Act Chapter 441 and 535 RsMo states that a tenant may not apply or deduct
any portion of the security deposit in payment of rent.
5.
RETURNED CHECK
There shall immediately accrue a charge of $
as additional rent, for each event
of any check delivered to the Landlord, which upon presentation to the designated depository thereon, is dishonored
for reason of insufficient funds, account closed, payment stopped or otherwise. At any time after such
an occurrence, Landlord may require all subsequent amounts payable under this lease to by paid by Tenant in the
form of cash, cashiers check or money order.
1 of 4
51
6.
USE OF PROPERTY
Tenant agrees that the property shall be occupied by no more than ___ person(s),
as a
52
residence
for Tenant and Tenant's immediate family or other such persons identified on Tenant's application or
53
otherwise identified herein, and shall not be used for any other purpose whatsoever, however, Tenant shall be
54
permitted to entertain guests for limited periods of time,
not to
exceed two weeks.
Tenant sha.11 comply with all
55
applicable laws
regulating the use
of the
property. Failure
to comply will cause a default of this agreement.
56
57
7.
GOVERNMENT AL INSPECTIONS AND OCCUPANCY PERM
I
T
Before possession and ifrequired
by
any
58
applicable
governmental authority, Landlord shall comply with occupancy code requirements. Tenant
shall
obtain an
59
occupancy permit.
60
61
8.
POSSESSION
Landlord
will permit Tenant
to
quietly
and
peaceably
hold, occupy and enjoy said property during
62
the term hereof without
interference by the Landlord provided
that Tenant
observes
and
per
f
o rms all of the
63 agreements
contained herein. Landlord's liability
for
failure
to
deliver possession on the specified
64
date shall
be limited to the abatement of rent due from Tenant until possession
is delivered.
65
66
9.
ILLEGAL DRUG WARNING
lllegal drug trafficking, manufacturing or use is a violation of law and this lease,
67 subjecting Tenant to all applicable penalties. In the event Tenant or any member of Tenant's
family or any of
68 Tenant's guests, invitees,
agents or employees uses or is involved in the
use,
distribution or
manufacture
of illegal
69 drugs while on Landlord's property, it shall
be
just cause for the termination of this lease and the eviction
of the
70
Tenant. Tenant warrants to Landlord that Tenant or any other resident of
the
property has never been convicted of
71
crimes related to methamphetamine.
72
73
l 0.
ACCESS BY LANDLORD
Tenant shall assume
all
responsibility for
the terms
and conditions of this lease at the
74 time of occupancy but no later than the first day of the term hereof. Landlord shall be
entitled
and shall have the
75
right, at all
reasonable times, to inspect said property for any damage or destruction or to determine whether or not
76
Tenant is performing and observing all of the agreements contained herein, and for the purpose
of making
any necessary
77
repairs. For a period of
60
days prior to
the expiration or termination of this lease,
Landlord shall have the right of
78
access to the property at all reasonable times for the purpose of showing to prospective tenants, buyers, appraisers,
79
lenders and
inspectors.
Landlord shall
not
be liable
to Tenant or any member
of
Tenant's
family
or any of Tenant's
80
guests, invitees, agents or employees for any loss, injury or damage to them or their personal property from any
81
cause whatsoever, except Landlord's gross and willful negligence.
82
83
I 1.
RESPONSIBILITfES OF LANDLORD
Tn addition to other responsibilities set forth elsewhere in this lease,
84
Landlord
shall
be
responsible for the cost to maintain the residence in good and habitable condition including
costs
85
associated with reasonable wear and tear of the tenant, except
as
provided for damages caused by Tenant's neglect
86
and except as provided for i.n section 14. Landlord has disclosed to Tenant, in writing, any facts known to Landlord
87
as
regards to
any
prior use of the property as a lab, production or storage site of methamphetamine or was the
88
residence of
a
person convicted of crimes related
to methamphetamine.
89
90
12.
LIABILITY AND INDEMNITY
Landlord shall not be liable to Tenant, Tenant's guests or other occupants or
91
persons on the
premises
for
personal injury, property damage or other losses to such persons
or their
property
caused
92
by theft, burglary, assault, other crimes, fire, water, ice, wind, rain, smoke, or any other cause. Furthermore, Tenant
93
agrees
to indemnify and hold Landlord free and harmless
from
any and all liability for injury to or
death of any person, or
94
for damage of property arising from the use and
occupancy
of the
premises by
Tenant
or
from the act or omission of any
95
person or persons, including Tenant in or about the leased premises
with the express or implied
consent of Tenant Landlord
96
requires
Tenant to obtain personal household contents and personal liability insurance. (See section 14.) Landlord
shall have
97
no
duty
to
furnish smoke detectors, except as required by law, however, if furnished, Tenant
is responsible for keeping
98
them operational by furnishing batteries. (See section 14.)
99
100 13.
MULTIPLE
TENANTS:
Each Tenant is jointly
and
individually liable
for all
obligations and sums due under this
IOI
lease
agreement.
A lease violation by one Tenant is a violation by all Tenants. Notice
by Landlord to any adult
102
Tenant
is notice to all Tenants.
103
I
04
14.
RESPONSIBILITJES OF TENANT:
In addition to other responsibilities set forth in the lease, Tenant shall:
J
05
Pay all utilities when due including, if applicable, electric, gas, water, and trash removal. Tenant shall make
J
06
arrangements for such services prior to occupancy and
shall maintain such services (and, when necessary,
provide heat
107
for the building) throughout the term of the lease.
108
Obtain personal liability insurance and, if
desired,
personal household contents insurance.
109
Inspect smoke alarms monthly, if applicable, and replace batteries when
needed.
110
Change furnace filter regularly (at least every three months)
if
residence
has a
forced air system.
2of4
111
Keep air
conditioner compressor clean and free of debris, leaves, grass clippings, etc.
112
Keep garbage, trash, waste and debris in proper containers and dispose of same at
least
weekJy.
113
Comply with subdivision/condominium rules and regulations, a copy of which_, if applicable, is attached.
114
115
Except where the following exterior maintenance items are provided for by the subdivision/condominium, Tenant
116
shaJI also:
117 1. Keep sidewalks and driveways free from snow, ice and anything that
may
present a danger to Tenant or others.
118 2. Keep grass cut, watered and trimmed
and
reasonably free of leaves and debris.
119
3. Provide the
necessary and proper care for shrubs and trees.
120
4. Maintain gutters and downspouts so as to be clean and operable.
121
122
lt
is further understood, acknowledged and agreed that
Tenant shall:
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
1.63
164
165
166
167
168
169
170
Be responsible for the cost of repair of glass, scree
n
s and doors if damaged by accident or neglect of Tenant or anyone else.
Be responsible for the cost of pest/insect control, except for wood destroying insects/pests, first reported to landlord
30
days
or
later
after
possession.
Be
responsible
for the cost of repairs to bath, tub/shower enclosures, tile, waUs and floors if
grout
or caulk is
not
intact
and properly seaJed so as to prevent water penetration behind such seals when such condition was not reported,
in writing,
to
Landford before damage occurred.
Be responsible
for the
cost
of repairs to
garbage
disposal (if
any),
bathtub, toilets
or drains,
if
caused by rags, excessive grease,
glass, metal, plastic,
etc.
or
any accident or neglect of Tenant
or anyone
else.
Be responsible for any other cost incurred by Landlord (repairs or otherwise) resulting from accident or negligence
of Tenant
or Tenant's invitees
or
guests.
Be
responsible to immediately notify Landlord, in writing, of any repairs needed that, if left unattended, would result
in damage to the
residence.
ln addition, it is understood, acknowledged and agreed that Tenant:
Shall keep no pets on the property without the
express
written
consent
of Landlord.
Shall not paint, or install
or remove wallpaper, or otherwise alter
the
residence in any manner
without the written
consent of Landlord.
Shall not aJter, replace or add
door or window
locks
and
shall return all keys to Landlord upon tennination of this
lease. Landlord agrees to change locks upon request of Tenant and receipt
of payment for the applicable locksmith
or other contractor service
fee.
Shall not park or allow guests to park anywhere on the
property except in
regular
spaces
provided for such vehicle
parking.
Shall not
park or store any recreational vehicle, trailer or
commercial vehicle
on the property without the written
consent of Landlord
Shall not store flammable or hazardous materials,
except
nominal amounts of gasoline, which is to be stored
in proper containers.
ShaJI refrain from activities of any
kind
that would
interfere
with
any neighbors peaceful enjoyment
of the
property
they occupy.
Shall
not assign this lease or sublease or rent any portion of the
property to anyone else.
Shall
keep Landlord informed at all
times of Tenant's current phone numbers
(residence, work and cell).
Shall, upon vacating, remove all personal property
belonging to Tenant and shall thoroughly clean the property
and
shall pay Landlord's cost of professional carpet cleaning to be done after vacating.
ShaJl
pay
all
attorneys fees and court costs in the
event
legal proceedings are instituted by Landlord
for
non-payment of
rent or late charges or any other breach of this lease by Tenant,
including
eviction cost.
15. HOLDOVER. If Tenant
holds
over and
fails to
vacate on or before
the agreed upon
move-out
date
(end of lease
term,
or any renewaJ or extension period, or the move-out date agreed to by the parties), Tenant shall be liable to
pay double rent for the holdover period
and
shall indemnify Landlord
and/or
prospective tenants or buyers
for damages (i.e., lost rent or profits of saJe, lodging expenses and attorney's fees).
16.
DESTRUCTION OF
PROPERTY. In the
event the
property is rendered partially
uninhabitable by fire or other
casuaJty, rent shall be reduced
p.roportionally
until such time
as property
is habitable. Landlord
shall
proceed immediately
to render the property habitable and ifrepairs
are
not completed within 30
days
after the date of the damage or loss,
then Tenant shall have the option
of
terminating
this lease immediately thereafter by giving
Landlord written
notice
of termination.
lf
the property is totally
destroyed or rendered uninhabitable by reason
of fire or
other casualty, the
lease shall
immediately terminate.
3of4
I 7.
CONDEMNATION. In the event of condemnation under governmental right of eminent domain or otherwise or
in the event of a sale of the property under threat of such condemnation, Landlord may terminate this lease but not
without written notice to Tenant not less than sixty (60) days in advance of the rent due date.
18.DEFAULT BY TENANT. In the event of a default by Tenant of any rent payment or in the performance of or
compliance with any agreements contained herein, Landlord shall, without demand, be entitled to possession of the
property. Tenant shall, upon written demand by Landlord, quit and surrender said property to Landlord. Tenant's
obligation to pay rent for the full term shall not be terminated, provided however, that Tenant shall be entitled to
credit for any rent thereafter collected by the Landlord for re-renting said property during any part of the balance of
the term hereof, less any expenses in connection therewith. The remedies provided for in this paragraph shall be in
addition to the other remedies provided for herein or as provided by law.
Failure by Landlord to enforce or demand performance of any obligation of Tenant, or to seek remedy for breach
thereof shall not waive or excuse defaults of other obligations nor further defaults of the same obligation.
19.
ABANDONMENT. If Tenant is absent from the premises for five (5) consecutive days following notice of default
ofthis lease, or if Tenant leaves personal property at the premises after the termination ofthe lease, all personal property found in
or on the premises may be deemed by Landlord to be abandoned. Landlord may peaceably enter, remove and dispose of
such personal property as Landlord sees fit without any liability or duty to account for such personal property to
Tenant. Cost of removal of personal property shall be paid by Tenant
20.
INSPECTION OFPROPERTY Tenant acknowledges having inspected said property prior to the execution ofthis lease
and finds the same to be in good, safe, and clean condition and repair except as may be otherwise noted. Tenant
further agrees to keep said property in as good and clean condition and repair as when so inspected and when first
occupied, and will keep said property free from any debris, trash and filth, and will not do anything to create a danger
of fire or cause an increase in insurance rates or to cause a cancellation of insurance. Upon the expiration of this lease or
its termination, Tenant will surrender possession of the leased property (including any Landlord owned personal
property) in as good, clean and safe condition and repair as on the date of this lease except for reasonable wear and tear.
Tenant agrees that no representation as to condition has been made and that no promise to decorate, alter, repair or
improve the property has been made except what has been set forth herein. Before
executing this agreement, Tenant should contact law enforcement officials for information pertaining to whether
registered sex offenders or other convicted criminals reside in the area. If Tenant is not satisfied with such
information, Tenant should not lease this property.
21.
CHECK ONE
This lease agreement is part of a Lease/Purchase agreement, Sale Contract is attached.
This lease agreement is for lease only, attach Form #2161 for Relationship Disclosure and
Form #2119 for Lead Based Paint Disclosure.
22.
SPECIALAGREEMENTS:
Landlord
Tenant is a real estate licensee
and
is acting as a principal party in
this contract.
Landlord
4 of 4
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
Landlord
Date
Date
Tenant
Date
Tenant
Date
Printed Using Professional Computer Forms Co. On-Line Forms Software 8/09