Sample Nonstandard Rental Provisions/Lease Addendum

SAMPLE ONLY!

BASCO Development, L.L.C.

201 Air Park Drive-Watertown, WI 53094

SECTION 1: FINES & FEES

1. Tenant understands that rent, security deposit, and deposits for rental of the clubhouse and the purchase of a keycard is to be paid with money order or a personal check only; cash is not an accepted form of payment. ______

2. A late payment penalty of $50.00 will be due for any late rent received after the fifth day of the month, and if any check is returned there is a $50.00 returned check fee. Any unpaid charges will be deducted from the security deposit at end of the rental agreement._______

3. Tenant’s signature at end of this addendum indicates all provisions in this addendum have been separately negotiated and are nonstandard rental provisions. Tenant agrees to be responsible for the costs of cleaning or maintenance at $20.00 per hour. Tenant agrees to pay the landlord up to $120.00 at the time of vacating for the carpets to be professionally cleaned and for any excessive stains up to an additional $50.00 will be paid. Landlord will include a receipt upon request at time of security deposit return. Tenant agrees that a freshly painted apartment should not be re-painted for at least 3 years. Tenant agrees to be responsible on a pro-rated basis in the event re-painting is required sooner. (I.E: Damage due to smoke, candle, humidifier, etc.) ______

4. Landlord may regulate all aspects of parking of any vehicle or placement outside of the unit at any time; parking is given solely as an accommodation and in no way a rental. There is one stall per apartment allowed for tenant parking in front of each building; it is on a first-come first serve basis. Second, third, and overflow vehicles need to park in the garage or there is additional parking by the office. Anyone taking up two or more parking spots will be given proper warning, first verbal warning, second a 5-day to correct breach of lease, along with a $25.00 parking fee. Any vehicle found improperly parked or in any handicap stall and without the proper handicap license plate or permit will be towed immediately at the owner’s expense. _______

5. Any vehicle parked in the lot without registration is subject to towing. Garage doors must be kept closed and locked at all times. The garage is for the storage of one’s vehicle and is not to be used for conducting maintenance on any type of vehicle. Use of any type of heater in the garage is not allowed. Minimal shelving and storage of personal belongings is permitted. There can be no more than one car per person and no more than two cars per unit. Vehicles, motorcycles, etc. that are in need of repair (leaking oil/gas) or poor appearance will not be allowed. Third vehicles, and other vehicles, including but not limited to, trucks trailers, recreational vehicles, watercrafts or boats, campers, etc. will not be allowed on the premises without landlord approval. Resident is responsible for damage caused by leaks of any kind. Tenant agrees to pay $25.00 per stain or be subject to eviction and deduction from deposit. _______

6. Tenant acknowledges that any garage area should not be meant for plugging in any type of appliances. A $25.00 monthly fee will be issued for those who are in breach of lease. Any tenant who has a second garage is responsible for a monthly rental payment until lease expires or will be issued a late fee. A late fee payment is $50.00. Tenant may not use the security deposit as last month’s rent for the second garage. _______

7. Tenant agrees to pay up to $75.00 if the landlord must add or change a lock, re-key or provide replacement garage door opener, A/C remote, Fireplace remote or keys. Tenants who are locked out of the building after business hours will agree to pay a $25.00 cash charge, payable at the time of entry to the person who allows them to gain entry in their apartment. ______

8. Tenant agrees to follow state laws concerning recycling practices. Paper, commingled recyclables, and raw trash should be placed in their respective containers. Garbage may not be left anywhere except in the appropriate trash area. Tenant agrees not to leave any trash bags or garbage on the deck/patio or in the hallway for any length of time; it is to be taken to the appropriate trash receptacle immediately. Major electronics, large furniture and tires may not be deposited in trash or recycle containers on the premises; tenants will find another suitable destination for these types of refuse. There is a $25.00 fee for the improper placement of garbage/recyclables, which must be paid or will be grounds for eviction and deducted from deposit. ______

9. Tenant agrees to vacate the apartment, thoroughly clean it, and return all keys, including copies by noon on the last day of the lease term. If tenant is not out at the agreed time, tenant will be responsible for an additional month’s rent and holdover damages per Sec. 704.27 Wis. Stats. In addition, tenant agrees to be responsible for any costs related to the replacement of burnt light bulbs (same type, size, wattage) and replacement batteries (same voltage) for the garage remote. _______

10. Sewer, Water, and Electric Utility agreement. Tenant is responsible for all sewage, water and electric charges incurred by tenants for their apartment unit. Please note the water bill will not appear in the tenants’ name, but in the owner’s name BOYSA - <>All sewer and water bills from the municipality shall be paid within 15 days of receipt; along with the electric bill. A $50.00 late fee will be charged to the tenant by management for any sewer and water bills that are not paid within 30 days of the billing date/ or lease may not be renewed at the time of renewal. In addition, all water bills must be paid and brought current with the municipal water department by October 31st, no later than 4:00 p.m., each calendar year; otherwise a 10% interest fee will be charged to the tenant._______

11. In the event the premises are re-let for any reason during time of lease, tenant expressly agrees to pay a $350.00 re-let fee solely for the additional costs of re-renting. This does not preclude any other damages due and owing, including rent and advertising. Tenant also understands that they are responsible for rent and utilities every month for the duration of the lease, until the apartment is successfully re-let. _____

SECTION 2: TENANT CONDUCT

12. No pets allowed on the premises, visiting or otherwise. ______

13. Tenant may not use security deposit for last month’s rent. ______

14. Tenant understands that exterior creeks and ponds are attractive to minors. Tenant agrees not to let any child be unsupervised nor will they be allowed in or near the same. Tenant agrees that the landlord is not responsible for any injury or damage by failure to do so. No ice-skating or ice fishing allowed. No boats or swimmers in the pond or creek. _____

15. Tenant understands that the pool and exercise/weight room may be inherently dangerous and attractive to minors (under the age of eighteen). Tenant agrees to supervise all minors and accepts all responsibility from any injury or damage. Tenant acknowledges that there is no Life Guard on duty. Tenant understands that all persons using the swimming pool, pond, and creek do so at their own risk. _____

16. Tenant agrees to keep hallways/common areas free of all personal property including shoes, toys, and garbage. No loud noises are permitted in the hallway/common areas. No smoking is permitted in the hallway/common areas. Tenant acknowledges and agrees to keep unit clean, clutter free or will be considered breach of this lease whether done by children, adults or guest(s). _______

17. Tenant acknowledges no rummage sales, garage sales or auto sales are permitted in the complex. ______

18. Tenant agrees to put no more than 10 nails in any one room’s wall and never any nails or screws put into any woodwork or doors, trim siding. No oversized screws. ______

19. Tenant acknowledges No Weapons or Firearms are permitted in any common areas, including the Clubhouse, Pool, Fitness Room and Hallways._______

20. Lessee shall not sublet the premises, or any part thereof, or assign to this lease agreement without the consent of the landlord. ______

21. Any unit washer and dryer, storage area, parking space, yard, pool, community room and landscaped areas, unless specifically leased to tenants, are provided gratuitously, and may only be used as permitted and upon the terms and conditions of the rules and regulations. _______

22. Tenant acknowledges and agrees that loud, boisterous, disorderly conduct that disrupts the quiet enjoyment, health, safety, convenience, right or comfort of any co-tenant shall be considered a breach of this lease whether done by children, adults or guests. The designated time frame for house hold chores and activities (dishes, vacuuming, laundry, etc.) is between the hours of 8:00a.m. – 9:00p.m., Monday through Sunday. ______ (TIME FRAMES MAY VARY FROM COMPLEX TO COMPLEX)

23. Tenant agrees to close all windows and doors during the heating season, and to not turn heat temperature above 73 degrees. ______

24. If tenant is to provide the heat, tenant is responsible for all damages caused by inadequate heat. Thermostats must be kept above freezing or at least 65 degrees Fahrenheit during the winter months. _______

SECTION 3: LEASE TERMS

25. The residential rental contract (lease) and the non-standard rental provisions/ lease addendum shall be automatically renewed for twelve months if any tenant fails to return the renewal letter or notice to vacate letter, which is provided by management to each tenant (90) ninety days prior to their lease expiring, unless either party shall serve a (60) sixty day written notice on the other indicating their desire not to renew, effective only as of the first day of the month. Month to month tenants are required to give a (30) thirty day written notice to vacate, effective only as of the first day of the month. _____

26. No oral agreements have been made. This lease is the entire agreement. ______

27. Failure to vacate and deliver keys as called for in the lease will result in damages under Sec. 704-27, Wis. Stats. At the landlord sole discretion and option the premises will not be considered vacated until all personal property has been removed from apartment and garage, the landlord has been notified in writing and all keys, the garage remote, and all resident keycards are returned. Rent liability will not be affected until all said conditions are met. _____

28. Denying the landlord access shall be considered a breach of a lease for which the tenancy can be terminated. ______

29. Tenant agrees not to vacate or re-let during the months of December, January, February, and March; this applies to both yearly and monthly leases. Tenant agrees to pay any rent lost plus the cost of re-letting including utilities during these months in the event the tenant vacates. This provision has been separately negotiated and is not a form provision. ______

30. Waiver of one breach shall be limited to the particular instance and shall not be deemed to waive past or future breaches. It is expressly agreed that the landlord may collect rent or take any other act after service of Notice or Summons without waiving or affecting any right or suit. Violation of any lease term or rule shall be considered a material breach of lease and tenancy may be terminated per Sec. 704.17 Wis. Stats. A termination of tenancy prior to expiration of lease may make the tenant liable for rent, future rent, double daily rent, and costs of re-letting. ______

31. Should Tenant fail to perform and observe any of the terms of the agreement, Landlord shall give Tenant written notice of the breach requiring Tenant to remedy the breach or vacate the premises on or before a date at least 5 days after giving such notice, and if Tenant fails to comply with such notice, Landlord may declare the tenancy terminated and proceed to evict Tenant from the premises, without limiting the liability of Tenant for the rent due or to become due under this agreement. If tenant has been given such notice and remedied the breach and within one year of such previous breach, Tenant commits a similar breach, this lease may be terminated if, before the breach has been remedied, Landlord gives notice to Tenant to vacate on or before a date at least 14 days after the giving of the notice as provided in 704.17 Wis. Stats. This provision shall apply to any term. ________

32. In the event of conflict between the lease and the addendum, the addendum shall control. _______

33. No notice by tenant shall be effective unless in writing. _____

34. In the event of death this contract will continue for 60 days after the landlord has received written notice of the tenants passing. The covenants and conditions herein contained shall apply to the estate of the deceased and bind heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be constructed as conditions of the lease. The security deposit, minus any damages, fees, utilities, etc., will be returned to the individual who is designated on the tenant contact information form, unless a legal representative provides paperwork within that 60 day time frame assigning them as the legal beneficiary._______

SECTION 4: GUEST, MAINTENACE, & DAMAGE

35.Tenant may not have guests in excess of 2 weeks. Only persons listed on the application shall be considered a tenant. No other occupants are permitted unless of course landlord is aware of it. Occupancy after said period shall accrue additional rent of $25.00 per day due each Monday unless said guest makes application for tenancy and signs lease. Presence of any other person is a material breach and cause for eviction. ______

36. All requests for repairs must be in writing. Tenant agrees that landlord may enter without advance notice upon consent or request of the tenant, specifically including a request for maintenance services. ______

37. Landlord shall not be liable for any damages resulting from failure to make any repairs or to perform any maintenance unless such failure is due to the negligence to landlord or such failure persists for any unreasonable time after notice of the need for such repairs or maintenance is given to landlord by tenant. Resident agrees that existing locks and latches are safe and acceptable subject to owner’s duty to make needed repairs upon written request. Owners shall have no other duty to furnish guards, lock, etc., except as required by statue. Tenant acknowledges that the security measures taken by the landlord are not a guarantee against criminal acts or a reduction in the risk of crime. Landlord is not liable to anyone for any damages caused by criminal conduct of other persons. _______

38. The landlord shall not be liable, and the tenant hereby waives all claims against the landlord for any injury, loss or damage by theft or for charges incurred by the electric or water company or otherwise, or damage either to personal property, sustained by the tenant or other persons, whether due to building or any party or appurtenances thereof becoming out of repair or arising from bursting pipes or resulting from steam, electricity, gas, odors, rain, or snow which may leak or come from any part of said building or adjoining premises, or from any act or neglect of co-tenants or other occupants of the building or any other person, due to the happening of any accident in or about said building, or to pipes or appurtenances, or plumbing works therein, or damage due to insect infestation or from any other cause whatsoever unless caused by the willful act, omission or negligence of the landlord, its agents, servants, or employees in the operation of maintenance of the building. If any such injury, loss or damage shall result from any act or neglect of the tenant, the landlord may, at its option, repair of make good such injury, loss or damage whether caused to the building or to tenants thereof or persons therein, and the tenant shall thereupon pay the landlord the total cost of repairing or making good the same as additional rent or be considered in default Sec. 704.07 Wis. Stats. ______

39. Landlord is aware and fully complies with all local, state, and federal fair housing laws. You are urged to contact the owner directly should any problems arise. _______

40. Tenant agrees that gas/propane and electric grills are permitted on the lower level units only, and that the use of charcoal grills is not permissible anywhere in the complex. Propane grills must be 10ft. away from the building/garage area when in use. No grills of any kind are allowed on the balconies. ______ (THIS PROVISION VARIES FOR EACH COMPLEX DUE TO FIRE DEPARTMENT REGULATIONS)

41. Tenants of <<Company Name>> and their visitors are not permitted to smoke inside the apartments or within 40 feet of the buildings, walkways, garages or on their patios or decks. Violators will be considered in breach of lease and subsequent action will be taken. In addition, damage sustained to the property will be accessed and tenant will be liable for any and all damage sustained to the property. <<Company Name>> is a NON-SMOKING facility. It is the tenants’ responsibility to inform their guests and visitors of this provision. _______(THIS PROVISION IS NOT APPLICABLE FOR ALL COMPLEXES)

42. Tenant agrees that all requests for satellite dish installation must be approved by management prior to installation, and must meet our specifications. All satellite technicians must verify with management of any installation of any satellite dish. If tenant installs a satellite dish without prior consent from management, it will be removed immediately by the maintenance personnel. Management and its staff members will not be held liable for any fees or charges accessed by the satellite company for the improper installation of any satellite dish. Apartments that do not have southern exposure will not facilitate a satellite dish. ______

43. A Dish satellite package is included as an amenity at < <Company Name> >This package does not include the purchase of a DVR box or a monthly fee for the service to a DVR box. The services included in the Dish package are: one receiver box per unit, America’s Top 250, HD 250, HBO & Cinemax, Local Area Networks, and Fox Sports North. If a tenant wishes to purchase any additional Dish features outside of the provided Dish package, the tenant is solely responsible for any additional charges and fees exclusively. ________ (THIS PROVISION IS NOT APPLICABLE FOR ALL COMPLEXES)

I HAVE READ THE “NON-STANDARD RENTAL PROVISIONS/LEASE ADDENDUM” AND ACKNOWLEDGE THIS POTENTIAL FINANCIAL LIABILITY. BY INITALILING AND SIGNING, I ACKNOWLEDGE THAT THE LANDLORD HAS IDENTIFIED AND DISCUSSED EACH PROVISION WITH ME. I UNDERSTAND THAT ANY OF THE ABOVE REFERENCED ITEMS MAY BE DEDUCTED FROM MY SECURITY DEPOSIT AT THE TERMINATION OF MY TENANCY IF NOT PAID. IF ANY OF THE ABOVE CHARGES ARE NOT DEDUCTED FROM THE SECURITY DEPOSIT, THE LANDLORD SHALL SEND A STATEMENT TO THE TENANT WHO AGREES TO PAY UPON RECEIPT.

This list of nonstandard provisions/lease addendum if fully incorporated into and becomes a part of the Lease between:

PLEASE NOTE: CERTAIN PROVISIONS MAY OR MAY NOT BE APPLICABLE DEPENDING UPON THE RULES AND REGULATIONS SET FORTH BY EACH COMPLEXES MUNICIPALITY.