FOR RENTNEW - 4 HRS AGO
921 3rd Ave
Brookings, SD 57006
3 Beds
1 Bath
1,112 sqft
- 3 Beds
- 1 Bath
- 1,112 sqft
$1,230/mo
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$1,230/mo
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3 Beds
1 Bath
1,112 sqft
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Description
Located just 6 blocks from the SDSU campus, this 3 bedroom, 1 bathroom house is available for rent starting June 1st. Includes off-street parking, garage storage, basement storage, and in-unit washer/dryer. No smoking. 12 month lease required. Tenant pays all utilities and is responsible for all lawn care and snow removal.
MOVING IN
MOVE-IN INSPECTION: Before, or at the time of the Tenants accepting possession, the Landlord and Tenants shall perform an inspection documenting the present condition of all appliances, fixtures, and any existing damage within the Premises.
POSSESSION: Tenants have examined the condition of the Premises and by taking possession acknowledge that they have accepted the Premises in good order and in its current condition.
DELIVERY OF POSSESSION. If Landlord is unable, through no fault on its part, to deliver possession of the Premises to Tenant on the commencement date, this Lease will continue in effect, but rent will be prorated according to when possession is given to Tenant. If Landlord is unable to deliver possession within 30 days of the commencement date, either Landlord or Tenant may terminate this Lease and all payments made will be returned to Tenant and all obligations of the parties will cease. Landlord will not be liable for any damages for any delay or failure to deliver.
RENT & OTHER PAYMENTS
SECURITY DEPOSIT: The Security Deposit shall be due by the Tenants upon the execution of this Agreement to the Landlord for the faithful performance of all the terms and conditions.
FIRST MONTH'S RENT: First month's rent shall be due by the Tenant on or before the Lease Start Date.
PAYMENT: Tenants will pay Landlord the full monthly rent in advance, before midnight of the first day of each month via ACH deposit. (Addendum required.)
WHO IS RESPONSIBLE FOR RENT: Each Tenant is jointly and individually liable for all of this Agreement's obligations, including but not limited to rent monies and any other money owed to the Landlord.
LATE RENT AND RETURNED CHECK FEES: if Tenant does not pay the total monthly rent before midnight of the first day of the month, Tenant will pay a Late Fee for each day rent is late. Tenant will pay a fee for each returned / NSF check or for every NSF on-line payment. Any fees will be calculated according to the amounts documented on page 1 of this Agreement and added to the next month's rent. Landlord does not give up its right to any money owed by Tenant because of Landlord's failure or delay in asking for any payment. Landlord can ask for any money owed by Tenant before or after Tenant moves out of the Premises.
DUTY TO PAY RENT AFTER EVICTION: If Tenant is evicted because Tenant violated a term of this Lease, Tenant must still pay monthly rent until 1) the Unit is re-rented; or 2) the date this Lease ends, whichever is sooner. If the Property is re-rented for less than rent due under this Lease, Tenant will be responsible for the difference until the date this Lease ends.
USE OF PREMISES
OCCUPANCY AND USE: Only the persons listed above as Tenants may live on the Premises. Persons not listed as Tenants may live on the Premises only with prior written consent of Landlord. Tenants may use the Property and utilities for normal residential purposes only. Tenants may use the Property only as a private residence. If any Tenant, guest, or occupant violates this Agreement, the Tenant is considered to have violated this Agreement.
SUBLETTING: Tenant may not lease any part of the Property, assign this Lease, or sell this Lease to any other persons without prior written consent of Landlord.
TENANT DISPUTE: Each person signing this Lease and all addendums is responsible for it in its entirety. Any internal tenant issues shall be resolved by the individual Tenants.
TENANT RESPONSIBILITIES
Tenants agree to the following, and shall ensure that Tenants, members of the Tenant's household, any guest of the Tenant, or anyone acting under the Tenant's control, shall abide by these same responsibilities.
TENANT CONDUCT: Tenants shall not make or permit any noisy, offensive, unruly, or thoughtless use of the Premises, or allow any nuisance or use which might interfere with the enjoyment of other tenants or neighbors; and to not engage in harassing, threatening, or discriminatory conduct directed at Landlord, other Tenants, or Neighbors. Tenants will not damage or misuse the Property or waste utilities provided by Landlord or allow Tenant's guests to do so. Tenants will not make or permit any waste on the Premises. Tenants will not interfere in the management and operation of the Property. Tenant will not engage in any activity or allow any condition that are illegal or dangerous or which would cause a cancellation, restriction or increase in Landlord's insurance premium.
COMPLIANCE WITH THE LAW: The Tenants agree during the term of the Agreement, to promptly comply with any present and future laws, ordinances, orders, rules, regulations, and requirements of the Federal, State, County, City, and Municipal government or any of their departments, bureaus, boards, commissions and officials thereof with respect to the Premises, or the use or occupancy thereof, whether said compliance shall be ordered or directed to or against the Tenants, the Landlord, or both. Tenant shall not use the Property, common areas, or area surrounding the Property to manufacture, sell, give away, barter, deliver, exchange, distribute, possess, or use any illegal drugs; or to engage in any illicit or illegal activity; or to unlawfully use or possess any firearm; or allow any stolen property on the Premises. Tenants will comply with all health and safety codes. Tenants must not permit any family, occupants, or guests on the Premises to engage in unlawful behavior, including underage alcohol consumption.
REPAIRS: Tenants will notify Landlord immediately via email, phone, or text of any needed repairs or of any conditions in or on the Property that are dangerous to human health or safety, or which may damage the Property or waste utilities provided by Landlord. Landlord will be afforded a reasonable period of time to remediate the issues. If Tenants fail to notify the landlord and further damages result, the Tenant will be held responsible for the expense. Tenants will pay for all damage to the Premises and repairs required due to the misuse or negligence of Tenant or Tenant's guests. Tenants are responsible for the immediate replacement of any broken glass on the Property. Landlord is not liable for Tenant's personal items that are destroyed or damaged due to appliance malfunction, e.g., loss of food or damaged clothing. Work performed by Tenants or hired out by Tenants will not be paid for by Landlord.
EXTENDED ABSENCES: If Tenants are gone for the summer or any period extending longer than 14 days, the Tenants must do the following to prevent damage to the unit: notify the Landlord via email or text of your absence and expected return date; turn off main water valve; keep thermostat at 55F 60F in the winter and the AC at 80F in the summer; and ensure lawn care and snow removal is completed.
ALTERATIONS: Tenants will not paint, wallpaper, make any structural changes, change any locks, install satellite dishes, or remove any fixtures or furnishings supplied by Landlord without the prior written consent of Landlord. All curtains, mini-blinds, fixtures, shelves, carpet, appliances, and other fixtures present on the Premises before move-in must remain when Tenant vacates.
DEHUMIDIFIER: The Landlord will provide a working dehumidifier, which the Tenant must keep operational in the basement of the house at all times. The dehumidifier should run automatically and automatically drain into a floor drain. It is the responsibility of the Tenant to ensure the correct balance of moisture in the home during all seasons, particularly during the summer, to prevent mold and to keep a safe environment. Costs resulting from negligence will be directed to the Tenants.
FIRE EXTINGUISHERS: A cursory inspection may be required for all fire extinguishers to ensure they are fully charged.
GENERAL MAINTENANCE: Tenants must keep the Property neat, clean, and in respectable condition, in as good order and repair as it was at the commencement of this Lease, ordinary wear and tear excepted. Tenant shall use all fixtures, appliances, and facilities in a reasonable manner. Tenant shall dispose of all garbage in designated disposal facilities.
NO HAZARDOUS MATERIALS: Tenants shall not permit any hazardous act or use of the Premises which might increase the cost of fire insurance or cause the cancellation of such insurance. This includes not using or storing on or near the Property any open flames, including candles, or flammable, toxic, hazardous, or explosive substances.
KEYS: Landlord will provide a key(s) or code to the Tenant for the residential dwelling unit and the Landlord will keep a duplicate key for access. If Tenant unlawfully changes the lock and Landlord is prevented from entering the Premises due to the lock change, Tenant will bear the financial cost of Landlord's effort to enter by force. If the Landlord or third-party vendor is unable to enter the Premises to perform repair or maintenance tasks due to the Tenant's unauthorized lock change, Tenant will be charged $100 for each violation, which shall be treated as additional rent payable by Tenant and due on the first of the following month. Upon vacating the residential dwelling unit, Tenant shall return all keys to Landlord or pay $50 per unreturned key.
LAWN & YARD CARE: Tenants shall keep garages, decks, porches, and other outdoor areas of the Premises neat and clear of rubbish and animal waste, as determined by the Landlord. Furniture intended for indoor use may not be stored outside the residential dwelling unit. All rubbish and animal waste must be placed in approved receptacles only and may not be left outside for any amount of time, including on decks or porches. Tenants assume all responsibility for the care and maintenance of the yard and lawn effective the first day of the Lease agreement through the final day of the Lease agreement. This includes mowing the lawn, trimming weeds along any fences and foundations, raking and removing leaves, and properly disposing of any rubbish and animal waste in the yard. Any fines incurred by City for unkempt lawn will be paid by Tenants.
LIGHT BULBS: upon move-in, Landlord will ensure all light sockets are fitted with a working light bulb of prescribed wattage. Thereafter, light bulbs will be replaced at Tenant's expense.
LOCKOUT: in the event the Tenant is locked out of the residential dwelling unit, call the Landlord. If the Landlord is unavailable, the Tenant shall be responsible for calling a locksmith to regain access to the residential dwelling unit. The Tenant will incur all costs and, if new keys are required, must submit a new duplicate key to the Landlord within 24-hours.
PARKING: Vehicles may not be parked on or over sidewalks or lawns.
PEST CONTROL: Pests will be removed by Tenants as soon as they are noticed; this includes bugs, rodents, and other pests. In some cases, it may be necessary for the Tenant to use professional pest control services. Tenants are fully and completely responsible for any / all costs associated with bedbug infestation, treatment, and/or re-infestation. Tenants must IMMEDIATELY report to Landlord any suspicion or sighting of bedbugs within the leased dwelling.
NO PETS: Tenant may not allow animals or pets of any kind, not even temporarily, in the Premises or in any common areas, indoors or outdoors, without express written advance consent from the Landlord. If Tenant, occupants, guests, or family are found to have unapproved animals or pets on the Premises, cleaning fees will be charged and your Lease may be terminated immediately.
PET MAINTENANCE: for those pets approved on the Premises by the Landlord with express written advance consent (the "Pet(s)"), the Tenant agrees to abide by the following terms and conditions:
The Pet will be allowed out of the Tenants' unit or yard only under the complete control of a responsible human companion and on a hand-held leash or in a pet carrier.
That any damage to the exterior or interior of the premises, grounds, flooring, walls, trim, finish, tiles, carpeting, or any stains, etc., caused by the Pet will be the full financial responsibility of the Tenants and that Tenants agree to pay all costs involved in the restoration to its original condition. If because of any such stains, etc., said damage is such that it cannot be removed, the Tenants hereby agree to pay the full expense of replacement.
That the Tenants will provide adequate and regular veterinary care, as well as ample food and water, and will not leave Pet unattended for any undue length of time.
Tenants will diligently maintain cleanliness of litter boxes as well as the Pet's sleeping and feeding areas. This means keeping the litter box on uncarpeted areas, scooping litter at least once daily, and replacing litter and cleaning the litter box on a regular basis.
Tenants shall keep all interior and exterior areas clear of animal waste and shall properly and immediately dispose of all animal waste on the Premises. All animal waste must be placed in approved receptacles only.
Tenant shall not permit the Pet to bark, howl, or otherwise emit noises at such a level, frequency, or time as to disturb others. Tenant shall not keep the Pet on the Premises if the Pet is or becomes vicious or threatening, bites or attacks any person or other pet, or otherwise is or becomes a nuisance. Tenant agrees to put the Pet out for board or otherwise remove the Pet from the unit for the balance of the leased term, if the Pet is, or becomes, a nuisance or annoyance or interferes with the right of enjoyment of other residents, or because of any noises or odors emanating from the Pet, or damage by the Pet.
That the Tenants agree to indemnify, hold harmless, and defend the Landlords against all liability, judgments, expenses (including attorney's fees), or claims by third parties for any injury to any person or damage to property of any kind whatsoever caused by the Tenants' Pet(s).
PLUMBING: Expense or damage caused by stoppage of waste pipes or overflow of bathtubs, toilets or washbasins caused by Tenant's conduct shall be the Tenant's responsibility. Tenant shall be responsible for any charges associated with clogged sewer lines due to flushable wipes, sanitary products, and other foreign objects.
ROOF: The Tenant and the Tenant's guest should, in no circumstances, climb onto the roof or otherwise be on the roof portion of the residential dwelling unit or garage.
SMOKE & CARBON MONOXIDE DETECTORS: Landlords will ensure that all smoke and carbon monoxide detectors are in good working condition when Tenants move into the Property. It is the Tenant's responsibility to ensure the detectors remain in good working order by replacing batteries when necessary and not disabling the units. If during a visit or inspection, the smoke detectors or carbon monoxide detectors or batteries have been removed, a $25 fee will be charged to the Tenants for every occurrence.
NO SMOKING: The Tenants shall not be allowed to smoke or vape inside the residential dwelling unit or anywhere in or on the Premises; this includes cigarettes, cigars, pipe tobacco, roll-your-own tobacco, marijuana, or any other substance, legal or illegal. Tenants shall not allow family, occupants, or guests to do the same. If Tenant, occupants, guests, or family are found to be smoking on the Premises, cleaning fees will be charged and your Lease may be terminated immediately.
SNOW & ICE REMOVAL: Tenants assume all responsibility for the maintenance and removal of snow and ice effective the first day of the Lease agreement through the final day of the Lease agreement. The Landlord is not responsible if Tenants cannot get in or out of the Property due to snow and/or ice. Any fines incurred by the City for failure to remove snow or ice from sidewalks and driveways will be paid by the Tenants.
TRAMPOLINES: trampolines are not permitted.
TRASH DISPOSAL: Tenant is responsible for properly disposing of all trash on the Premises. Tenant must dispose of any trash that is not carried away by the trash removal company, including furniture or other large items. Tenant will be held responsible for the cost to remove such trash and the cost will be treated as additional rent payable by the Tenant and due on the 1st of the month.
VEHICLES: For the purpose of this Lease Agreement, "vehicles" is defined as any car, truck, motor home, ATV, snowmobile, motorcycle, scooter or moped (licensed or unlicensed), boat, camper, trailer, and all similar vehicles. All Vehicles kept on the premises must be operational and have current registration, tags, decals and license as is required by local and state laws. Any Vehicles not meeting these requirements or unauthorized vehicles will be removed at the Tenant's expense after being given 24-hour notification. Tenant further understands that no repairing, servicing or painting of any vehicle is permitted on the premises.
WATERBEDS: Tenant may not keep a waterbed or other water-filled furniture in the unit.
WILDLIFE: dead animals/wildlife are not allowed inside the dwelling or outside on patios or lawns. Dead animals/wildlife are permitted in garages or shed for as long as it takes to clean the animal. All carcasses and waste must be wrapped in plastic bags and disposed of immediately in designated trash cans.
WINDOW COVERINGS: curtains and mini-blinds are the only approved forms of window coverings. Blankets, boxes, and other forms of coverings are not acceptable.
DAMAGE REIMBURSEMENT: Tenant will promptly reimburse Landlord for any loss, property damage, or cost of repairs or service (including plumbing) caused by the negligence or improper use by Tenant or Tenant's agents, family, or guests. Examples include windows/doors left open or unlatched, broken windows/glass, damaged screens, items improperly flushed down toilets, break-in damages. Such reimbursement shall be treated as additional rent payable by Tenant and due on the 1st day of the next month.
LANDLORD RESPONSIBILITIES
Landlord agrees to the following:
That the Property and all common areas are fit for use as residential Premises.
To keep the Property in reasonable repair, provide routine maintenance, and make necessary repairs within a reasonable time after written notice by Tenant. In cases where damage is caused by the intentional or negligent conduct of the Tenant or his/her guests, Landlord will use discretion about the nature of the repair, with associated costs billed back to the Tenant.
To maintain the Property in compliance with applicable health and safety codes except when a violation has been caused by the intentional or negligent conduct of the Tenant or his/her guests.
To abide by the Federal Fair Housing Act and all applicable federal, state, and local laws.
AIR FILTERS: To inspect, maintain and change air filters. The Tenant agrees to grant Landlord access to the Premises with reasonable notice.
DURATION OF LEASE
EARLY TERMINATION: The Tenants may not cancel this Agreement.
RENEWAL: Tenant shall have the option of renewing this Lease for one (1) additional term, provided an inspection has been made of the Premises by the Landlord. Tenants must provide written notice of their intent to exercise this option at least 60 days before the expiration of this Lease. Landlord shall have the right to decline this request. Rental rates and terms may differ on the renewed lease.
SHOWINGS FOR PROSPECTIVE TENANTS: In accordance with applicable law, Landlord or its authorized agents may enter the Premises at any reasonable time to show the Premises to prospective Tenants with twenty-four hours advance written notice (via email or text message) to current Tenants, pursuant to SDCL 43-32-32. Tenants agree to restrain or remove pets while Landlord is showing the property.
MOVING OUT OF THE PROPERTY: Tenant will move out of the Premises when this Lease ends. If Tenant moves out after this Lease ends, Tenant will be liable to Landlord for any resulting losses including rent, court costs, and attorney fees.
MOVING OUT BEFORE LEASE ENDS: If Tenant moves out of the Premises before the date this Lease ends, Tenant is responsible for rent for the duration of this Lease and any other losses or costs for both Tenant and Landlord, including court costs and attorney fees.
MOVING OUT
SURRENDER OF PREMISES: The Tenants has surrendered the Premises when (a) the move-out date has passed; or (b) Access to the Premises has been turned in to Landlord whichever comes first.
SURRENDER AND HOLDING OVER: At the expiration or sooner termination of this Lease, Tenant(s) will remove their possessions and peaceably deliver possession of the Premises to Landlord in the same good repair and condition as at the commencement of this Lease, ordinary wear and tear excepted.
PROPERTY CONDITION UPON CHECKOUT: Tenants must surrender the Premises in clean condition. Any personal property left on the Premises after Tenant vacates or abandons the Premises shall be deemed abandoned and Tenant shall reimburse Landlord for costs incurred to remove, store and/or dispose of the same, subject to applicable law. Before surrendering the property, Tenants must:
Clean bathrooms, mirrors, cabinets (inside and out), appliances (inside and out), countertops, sinks, carpets (vacuum, remove stains, and use a hand-held hose to vacuum along the edges where the floors meet the walls), all non-carpeted floors (swept and mopped), walls (spots and splatters wiped off), window coverings (dusted), light fixtures, and any other items that show dust or soil.
Remove all pet hair, pet waste, and pet odors from inside the dwelling, from any shared spaces, and from all outdoor areas of the Premises, including any shared spaces.
Remove all personal items and properly dispose of all rubbish from the Premises, both inside and outside the dwelling.
Mow the lawn and trim weeds along fences and foundations.
Fit all light sockets with a working light bulb of prescribed wattage.
Ensure all smoke and carbon monoxide detectors are equipped with working batteries.
Return all issued and copied keys.
SECURITY DEPOSIT: In accordance with South Dakota law, the Security Deposit will be mailed or sent electronically to the Tenants within 14 days after this Agreement has terminated, less any damage charges or other monies owed to the Landlord, and without interest. This Security Deposit shall not be credited towards rent unless the Landlord gives their written consent.
TERMS FOR EVICTION / TERMINATION
EVICTION: If Tenant violates any of the terms of this Lease, Landlord may terminate this Lease immediately and without prior notice. If this Lease is terminated but Tenant does not move out voluntarily, Landlord may bring an eviction action. If Tenant violates any term of this Lease but Landlord does not terminate this Lease, or bring an eviction action, or sue Tenant, Landlord does not waive the right to take any of these actions for any other violation of the term of this Lease. A lawful seizure from any Premises of any illegal object or controlled substance, including drugs, constitutes unlawful possession of the Premises by the Tenant, and are grounds for an immediate eviction action.
EVICTION FOR NON-PAYMENT OF RENT: If the Tenants fails to pay rent when due and the default continues for the time-period specified in the written notice thereafter, the Landlord may, at their option, declare the entire balance (compiling all months applicable to this Agreement) of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to the Landlord at law or in equity and may immediately terminate this Agreement.
EVICTION AFTER PARTIAL PAYMENT OF RENT: It is expressly agreed to between Landlord and Tenant that, acceptance by Landlord of less than the full amount of rent due from Tenant does not waive Landlord's right to recover possession of the rental Premises for nonpayment by Tenant of balance of rent owed Landlord.
EVICTION FOR COMPLAINTS: Consistent complaints from neighbors and / or police regarding parties or noise may result in eviction. In addition, Tenants assume all responsibility for visitors and agree to hold harmless and indemnify the landlords for damages, minors and other situations that may occur when visitors are present.
EVICTION FOR FALSE OR MISLEADING RENTAL APPLICATION: If Landlord determines any oral or written statements made by Tenant in the rental application or otherwise are not true or complete in any way, then Tenant has violated this Lease and may be evicted.
OTHER TERMS
LANDLORD'S RIGHT TO ENTER: In accordance with applicable law, Landlord or its authorized agents may enter the Premises at any reasonable time to inspect, improve, maintain, or repair the Property, or do other necessary work, or to show the Premises to prospective Tenants, prospective buyers, insurance agents, mortgage lenders, or inspectors. Landlord may also enter the Premises if it appears to be abandoned and for the purpose of placing signs offering the Premises for sale or rent. Pursuant to SDCL 43-32-32, twenty-four hours advance written notice is presumed to be a reasonable notice period. However, without prior notice to Tenant or any other occupants of the premises, Landlord may also enter the premises or open the premises for all medical, property, safety or other such emergencies, and also for the entry of law enforcement personnel in the event Landlord is requested or ordered to do so by such law enforcement personnel. Tenant releases Landlord from any claim of liability or damage arising out of the entry of law enforcement into the premises, whether the entry was with or without a warrant or other judicial process or authorization.
INDEMNIFICATION: The Landlord shall not be liable for any damage or injury to the Tenants, or any other person, or to any property, occurring on the Premises, or any part thereof, or in common areas thereof, and the Tenants agrees to hold the Landlord harmless from any claims or damages unless caused solely by the Landlord's negligence.
DAMAGE OR INJURY TO TENANT OR HIS/HER PROPERTY: Landlord is not responsible for any damage or injury that is done to Tenant or his/her property, guests or their property that was not caused by Landlord. IT IS HIGHLY RECOMMENDED THAT TENANTS PURCHASE RENTER'S INSURANCE AT TENANT'S EXPENSE.
ACTS OF THIRD PARTIES: Landlord is not responsible for the actions, or for any damages, injury or harm caused by third parties (such as other residents, guests, intruders, or trespassers) who are not under Landlord's control.
TENANT SHALL REIMBURSE LANDLORD FOR: 1) Any loss, property damages, or cost of repair or service (including plumbing problems) caused by negligence or improper use by Tenant, his/her agents, family or guests; i.e. foreign objects flushed down toilets; 2) any loss or damage caused by doors or windows being left open; 3) all costs Landlord has because of abandonment of the Premises or other violations of the Lease by Tenant, such as costs for advertising the Premises; 4) all court costs and attorney's fees in any suit for eviction, unpaid rent, or any other debt or charge.
ATTORNEY'S FEES AND ENFORCEMENT COSTS: If Landlord brings any legal action against Tenant, Tenant must pay Landlord's actual attorney's fees, or other legal fees and expenses including fees paid to a collection agency, expenses, and court costs even if rent is paid after legal action is started.
ABANDONMENT: The premises will be deemed abandoned if Tenant defaults in rent payment, appears absent from the premises, and there is reason to believe that Tenant will not be returning to the premises, as determined by the Landlord with reasonable discretion. Should the premises be considered abandoned, Landlord will take possession immediately, change all locks, and store Tenant's personal property items, at Tenant's expense (to the extent Landlord is required to do so by applicable laws). Landlord shall have no liability to Tenant whatsoever in connection with the storage of any of Tenant's personal property. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all penalties, damages, fines, causes of action, liabilities, judgements, expenses (including, without limitation, attorney's fees) or charges incurred in connection with or arising from Landlord's storage of Tenant's personal property.
PROPERTY LEFT IN RENTAL UNIT: Tenant's property, the total reasonable value of which does not exceed five hundred dollars, left in the rental unit for ten days after surrender or vacation of residential dwelling unit, is presumed to have been abandoned by Tenant and then Landlord may dispose of the abandoned property. In the case of abandoned property exceeding a total reasonable value of five hundred dollars, Landlord shall store the property and have a lien on the property to the extent of the costs of handling and storing the property. After storing the property for thirty days or more Landlord may treat the property as abandoned and dispose of it.
DESTROYED OR UNLIVABLE PROPERTY: If the Property is deemed uninhabitable due to damage beyond reasonable repair, including fire and condemnation, the Tenants may terminate this Agreement by written notice to the Landlord. If said damage was due to the negligence of Tenants, Tenants shall be liable to Landlord for all repairs and for the loss of income due to restoring the Premises back to a livable condition in addition to any other losses that can be proved by the Landlord. If the Property is destroyed or damaged so it is unfit to live in due to any cause, Landlord may choose not to rebuild or restore the Property and/or may terminate this Lease immediately with no further liability to Tenant. If the destruction or damage was not Tenant's fault and Landlord terminates this Lease, rent will be prorated, and the balance will be refunded to Tenant.
REMEDIES OF LANDLORD. Upon any default by Tenant, Landlord may, at its option, terminate this Lease and/or commence eviction proceedings in accordance with the laws of South Dakota. Tenant agrees to pay all costs and expenses incurred by Landlord by reason of Tenant's default including, without limitation, loss of rents, attorney's fees, costs of regaining possession and re renting the Premises, storage fees and repairing and cleaning costs. The rights and remedies in this Lease are cumulative, not exclusive, and are in addition to any other rights and remedies available to Landlord at law or equity.
NO WAIVER. The failure of Landlord to require strict performance by Tenant of any provision of this Lease is not a waiver for the future of any breach of the same or any other provision herein. Landlord's acceptance of rent is not a waiver of any breach by Tenant.
LEAD PAINT: The Premises was constructed before 1978 and therefore the Lead-Based Paint Disclosure that is attached to this Agreement must be authorized.
GOVERNING LAW: This Agreement is to be governed under the laws located in the State of South Dakota.
SEVERABILITY: If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
ENTIRE AGREEMENT: This Agreement contains all the terms agreed to by the parties relating to its subject matter including any attachments or addendums. This Agreement replaces all previous discussions, understandings, and oral agreements. The Landlord and Tenants agree to the terms and conditions and shall be bound until the end of the Lease Term.
ATTACHMENTS TO THIS AGREEMENT: Tenant hereby acknowledges they have received the following documents as Attachments to this Lease Agreement or as required by local, state, or federal. Law:
MOVING IN
MOVE-IN INSPECTION: Before, or at the time of the Tenants accepting possession, the Landlord and Tenants shall perform an inspection documenting the present condition of all appliances, fixtures, and any existing damage within the Premises.
POSSESSION: Tenants have examined the condition of the Premises and by taking possession acknowledge that they have accepted the Premises in good order and in its current condition.
DELIVERY OF POSSESSION. If Landlord is unable, through no fault on its part, to deliver possession of the Premises to Tenant on the commencement date, this Lease will continue in effect, but rent will be prorated according to when possession is given to Tenant. If Landlord is unable to deliver possession within 30 days of the commencement date, either Landlord or Tenant may terminate this Lease and all payments made will be returned to Tenant and all obligations of the parties will cease. Landlord will not be liable for any damages for any delay or failure to deliver.
RENT & OTHER PAYMENTS
SECURITY DEPOSIT: The Security Deposit shall be due by the Tenants upon the execution of this Agreement to the Landlord for the faithful performance of all the terms and conditions.
FIRST MONTH'S RENT: First month's rent shall be due by the Tenant on or before the Lease Start Date.
PAYMENT: Tenants will pay Landlord the full monthly rent in advance, before midnight of the first day of each month via ACH deposit. (Addendum required.)
WHO IS RESPONSIBLE FOR RENT: Each Tenant is jointly and individually liable for all of this Agreement's obligations, including but not limited to rent monies and any other money owed to the Landlord.
LATE RENT AND RETURNED CHECK FEES: if Tenant does not pay the total monthly rent before midnight of the first day of the month, Tenant will pay a Late Fee for each day rent is late. Tenant will pay a fee for each returned / NSF check or for every NSF on-line payment. Any fees will be calculated according to the amounts documented on page 1 of this Agreement and added to the next month's rent. Landlord does not give up its right to any money owed by Tenant because of Landlord's failure or delay in asking for any payment. Landlord can ask for any money owed by Tenant before or after Tenant moves out of the Premises.
DUTY TO PAY RENT AFTER EVICTION: If Tenant is evicted because Tenant violated a term of this Lease, Tenant must still pay monthly rent until 1) the Unit is re-rented; or 2) the date this Lease ends, whichever is sooner. If the Property is re-rented for less than rent due under this Lease, Tenant will be responsible for the difference until the date this Lease ends.
USE OF PREMISES
OCCUPANCY AND USE: Only the persons listed above as Tenants may live on the Premises. Persons not listed as Tenants may live on the Premises only with prior written consent of Landlord. Tenants may use the Property and utilities for normal residential purposes only. Tenants may use the Property only as a private residence. If any Tenant, guest, or occupant violates this Agreement, the Tenant is considered to have violated this Agreement.
SUBLETTING: Tenant may not lease any part of the Property, assign this Lease, or sell this Lease to any other persons without prior written consent of Landlord.
TENANT DISPUTE: Each person signing this Lease and all addendums is responsible for it in its entirety. Any internal tenant issues shall be resolved by the individual Tenants.
TENANT RESPONSIBILITIES
Tenants agree to the following, and shall ensure that Tenants, members of the Tenant's household, any guest of the Tenant, or anyone acting under the Tenant's control, shall abide by these same responsibilities.
TENANT CONDUCT: Tenants shall not make or permit any noisy, offensive, unruly, or thoughtless use of the Premises, or allow any nuisance or use which might interfere with the enjoyment of other tenants or neighbors; and to not engage in harassing, threatening, or discriminatory conduct directed at Landlord, other Tenants, or Neighbors. Tenants will not damage or misuse the Property or waste utilities provided by Landlord or allow Tenant's guests to do so. Tenants will not make or permit any waste on the Premises. Tenants will not interfere in the management and operation of the Property. Tenant will not engage in any activity or allow any condition that are illegal or dangerous or which would cause a cancellation, restriction or increase in Landlord's insurance premium.
COMPLIANCE WITH THE LAW: The Tenants agree during the term of the Agreement, to promptly comply with any present and future laws, ordinances, orders, rules, regulations, and requirements of the Federal, State, County, City, and Municipal government or any of their departments, bureaus, boards, commissions and officials thereof with respect to the Premises, or the use or occupancy thereof, whether said compliance shall be ordered or directed to or against the Tenants, the Landlord, or both. Tenant shall not use the Property, common areas, or area surrounding the Property to manufacture, sell, give away, barter, deliver, exchange, distribute, possess, or use any illegal drugs; or to engage in any illicit or illegal activity; or to unlawfully use or possess any firearm; or allow any stolen property on the Premises. Tenants will comply with all health and safety codes. Tenants must not permit any family, occupants, or guests on the Premises to engage in unlawful behavior, including underage alcohol consumption.
REPAIRS: Tenants will notify Landlord immediately via email, phone, or text of any needed repairs or of any conditions in or on the Property that are dangerous to human health or safety, or which may damage the Property or waste utilities provided by Landlord. Landlord will be afforded a reasonable period of time to remediate the issues. If Tenants fail to notify the landlord and further damages result, the Tenant will be held responsible for the expense. Tenants will pay for all damage to the Premises and repairs required due to the misuse or negligence of Tenant or Tenant's guests. Tenants are responsible for the immediate replacement of any broken glass on the Property. Landlord is not liable for Tenant's personal items that are destroyed or damaged due to appliance malfunction, e.g., loss of food or damaged clothing. Work performed by Tenants or hired out by Tenants will not be paid for by Landlord.
EXTENDED ABSENCES: If Tenants are gone for the summer or any period extending longer than 14 days, the Tenants must do the following to prevent damage to the unit: notify the Landlord via email or text of your absence and expected return date; turn off main water valve; keep thermostat at 55F 60F in the winter and the AC at 80F in the summer; and ensure lawn care and snow removal is completed.
ALTERATIONS: Tenants will not paint, wallpaper, make any structural changes, change any locks, install satellite dishes, or remove any fixtures or furnishings supplied by Landlord without the prior written consent of Landlord. All curtains, mini-blinds, fixtures, shelves, carpet, appliances, and other fixtures present on the Premises before move-in must remain when Tenant vacates.
DEHUMIDIFIER: The Landlord will provide a working dehumidifier, which the Tenant must keep operational in the basement of the house at all times. The dehumidifier should run automatically and automatically drain into a floor drain. It is the responsibility of the Tenant to ensure the correct balance of moisture in the home during all seasons, particularly during the summer, to prevent mold and to keep a safe environment. Costs resulting from negligence will be directed to the Tenants.
FIRE EXTINGUISHERS: A cursory inspection may be required for all fire extinguishers to ensure they are fully charged.
GENERAL MAINTENANCE: Tenants must keep the Property neat, clean, and in respectable condition, in as good order and repair as it was at the commencement of this Lease, ordinary wear and tear excepted. Tenant shall use all fixtures, appliances, and facilities in a reasonable manner. Tenant shall dispose of all garbage in designated disposal facilities.
NO HAZARDOUS MATERIALS: Tenants shall not permit any hazardous act or use of the Premises which might increase the cost of fire insurance or cause the cancellation of such insurance. This includes not using or storing on or near the Property any open flames, including candles, or flammable, toxic, hazardous, or explosive substances.
KEYS: Landlord will provide a key(s) or code to the Tenant for the residential dwelling unit and the Landlord will keep a duplicate key for access. If Tenant unlawfully changes the lock and Landlord is prevented from entering the Premises due to the lock change, Tenant will bear the financial cost of Landlord's effort to enter by force. If the Landlord or third-party vendor is unable to enter the Premises to perform repair or maintenance tasks due to the Tenant's unauthorized lock change, Tenant will be charged $100 for each violation, which shall be treated as additional rent payable by Tenant and due on the first of the following month. Upon vacating the residential dwelling unit, Tenant shall return all keys to Landlord or pay $50 per unreturned key.
LAWN & YARD CARE: Tenants shall keep garages, decks, porches, and other outdoor areas of the Premises neat and clear of rubbish and animal waste, as determined by the Landlord. Furniture intended for indoor use may not be stored outside the residential dwelling unit. All rubbish and animal waste must be placed in approved receptacles only and may not be left outside for any amount of time, including on decks or porches. Tenants assume all responsibility for the care and maintenance of the yard and lawn effective the first day of the Lease agreement through the final day of the Lease agreement. This includes mowing the lawn, trimming weeds along any fences and foundations, raking and removing leaves, and properly disposing of any rubbish and animal waste in the yard. Any fines incurred by City for unkempt lawn will be paid by Tenants.
LIGHT BULBS: upon move-in, Landlord will ensure all light sockets are fitted with a working light bulb of prescribed wattage. Thereafter, light bulbs will be replaced at Tenant's expense.
LOCKOUT: in the event the Tenant is locked out of the residential dwelling unit, call the Landlord. If the Landlord is unavailable, the Tenant shall be responsible for calling a locksmith to regain access to the residential dwelling unit. The Tenant will incur all costs and, if new keys are required, must submit a new duplicate key to the Landlord within 24-hours.
PARKING: Vehicles may not be parked on or over sidewalks or lawns.
PEST CONTROL: Pests will be removed by Tenants as soon as they are noticed; this includes bugs, rodents, and other pests. In some cases, it may be necessary for the Tenant to use professional pest control services. Tenants are fully and completely responsible for any / all costs associated with bedbug infestation, treatment, and/or re-infestation. Tenants must IMMEDIATELY report to Landlord any suspicion or sighting of bedbugs within the leased dwelling.
NO PETS: Tenant may not allow animals or pets of any kind, not even temporarily, in the Premises or in any common areas, indoors or outdoors, without express written advance consent from the Landlord. If Tenant, occupants, guests, or family are found to have unapproved animals or pets on the Premises, cleaning fees will be charged and your Lease may be terminated immediately.
PET MAINTENANCE: for those pets approved on the Premises by the Landlord with express written advance consent (the "Pet(s)"), the Tenant agrees to abide by the following terms and conditions:
The Pet will be allowed out of the Tenants' unit or yard only under the complete control of a responsible human companion and on a hand-held leash or in a pet carrier.
That any damage to the exterior or interior of the premises, grounds, flooring, walls, trim, finish, tiles, carpeting, or any stains, etc., caused by the Pet will be the full financial responsibility of the Tenants and that Tenants agree to pay all costs involved in the restoration to its original condition. If because of any such stains, etc., said damage is such that it cannot be removed, the Tenants hereby agree to pay the full expense of replacement.
That the Tenants will provide adequate and regular veterinary care, as well as ample food and water, and will not leave Pet unattended for any undue length of time.
Tenants will diligently maintain cleanliness of litter boxes as well as the Pet's sleeping and feeding areas. This means keeping the litter box on uncarpeted areas, scooping litter at least once daily, and replacing litter and cleaning the litter box on a regular basis.
Tenants shall keep all interior and exterior areas clear of animal waste and shall properly and immediately dispose of all animal waste on the Premises. All animal waste must be placed in approved receptacles only.
Tenant shall not permit the Pet to bark, howl, or otherwise emit noises at such a level, frequency, or time as to disturb others. Tenant shall not keep the Pet on the Premises if the Pet is or becomes vicious or threatening, bites or attacks any person or other pet, or otherwise is or becomes a nuisance. Tenant agrees to put the Pet out for board or otherwise remove the Pet from the unit for the balance of the leased term, if the Pet is, or becomes, a nuisance or annoyance or interferes with the right of enjoyment of other residents, or because of any noises or odors emanating from the Pet, or damage by the Pet.
That the Tenants agree to indemnify, hold harmless, and defend the Landlords against all liability, judgments, expenses (including attorney's fees), or claims by third parties for any injury to any person or damage to property of any kind whatsoever caused by the Tenants' Pet(s).
PLUMBING: Expense or damage caused by stoppage of waste pipes or overflow of bathtubs, toilets or washbasins caused by Tenant's conduct shall be the Tenant's responsibility. Tenant shall be responsible for any charges associated with clogged sewer lines due to flushable wipes, sanitary products, and other foreign objects.
ROOF: The Tenant and the Tenant's guest should, in no circumstances, climb onto the roof or otherwise be on the roof portion of the residential dwelling unit or garage.
SMOKE & CARBON MONOXIDE DETECTORS: Landlords will ensure that all smoke and carbon monoxide detectors are in good working condition when Tenants move into the Property. It is the Tenant's responsibility to ensure the detectors remain in good working order by replacing batteries when necessary and not disabling the units. If during a visit or inspection, the smoke detectors or carbon monoxide detectors or batteries have been removed, a $25 fee will be charged to the Tenants for every occurrence.
NO SMOKING: The Tenants shall not be allowed to smoke or vape inside the residential dwelling unit or anywhere in or on the Premises; this includes cigarettes, cigars, pipe tobacco, roll-your-own tobacco, marijuana, or any other substance, legal or illegal. Tenants shall not allow family, occupants, or guests to do the same. If Tenant, occupants, guests, or family are found to be smoking on the Premises, cleaning fees will be charged and your Lease may be terminated immediately.
SNOW & ICE REMOVAL: Tenants assume all responsibility for the maintenance and removal of snow and ice effective the first day of the Lease agreement through the final day of the Lease agreement. The Landlord is not responsible if Tenants cannot get in or out of the Property due to snow and/or ice. Any fines incurred by the City for failure to remove snow or ice from sidewalks and driveways will be paid by the Tenants.
TRAMPOLINES: trampolines are not permitted.
TRASH DISPOSAL: Tenant is responsible for properly disposing of all trash on the Premises. Tenant must dispose of any trash that is not carried away by the trash removal company, including furniture or other large items. Tenant will be held responsible for the cost to remove such trash and the cost will be treated as additional rent payable by the Tenant and due on the 1st of the month.
VEHICLES: For the purpose of this Lease Agreement, "vehicles" is defined as any car, truck, motor home, ATV, snowmobile, motorcycle, scooter or moped (licensed or unlicensed), boat, camper, trailer, and all similar vehicles. All Vehicles kept on the premises must be operational and have current registration, tags, decals and license as is required by local and state laws. Any Vehicles not meeting these requirements or unauthorized vehicles will be removed at the Tenant's expense after being given 24-hour notification. Tenant further understands that no repairing, servicing or painting of any vehicle is permitted on the premises.
WATERBEDS: Tenant may not keep a waterbed or other water-filled furniture in the unit.
WILDLIFE: dead animals/wildlife are not allowed inside the dwelling or outside on patios or lawns. Dead animals/wildlife are permitted in garages or shed for as long as it takes to clean the animal. All carcasses and waste must be wrapped in plastic bags and disposed of immediately in designated trash cans.
WINDOW COVERINGS: curtains and mini-blinds are the only approved forms of window coverings. Blankets, boxes, and other forms of coverings are not acceptable.
DAMAGE REIMBURSEMENT: Tenant will promptly reimburse Landlord for any loss, property damage, or cost of repairs or service (including plumbing) caused by the negligence or improper use by Tenant or Tenant's agents, family, or guests. Examples include windows/doors left open or unlatched, broken windows/glass, damaged screens, items improperly flushed down toilets, break-in damages. Such reimbursement shall be treated as additional rent payable by Tenant and due on the 1st day of the next month.
LANDLORD RESPONSIBILITIES
Landlord agrees to the following:
That the Property and all common areas are fit for use as residential Premises.
To keep the Property in reasonable repair, provide routine maintenance, and make necessary repairs within a reasonable time after written notice by Tenant. In cases where damage is caused by the intentional or negligent conduct of the Tenant or his/her guests, Landlord will use discretion about the nature of the repair, with associated costs billed back to the Tenant.
To maintain the Property in compliance with applicable health and safety codes except when a violation has been caused by the intentional or negligent conduct of the Tenant or his/her guests.
To abide by the Federal Fair Housing Act and all applicable federal, state, and local laws.
AIR FILTERS: To inspect, maintain and change air filters. The Tenant agrees to grant Landlord access to the Premises with reasonable notice.
DURATION OF LEASE
EARLY TERMINATION: The Tenants may not cancel this Agreement.
RENEWAL: Tenant shall have the option of renewing this Lease for one (1) additional term, provided an inspection has been made of the Premises by the Landlord. Tenants must provide written notice of their intent to exercise this option at least 60 days before the expiration of this Lease. Landlord shall have the right to decline this request. Rental rates and terms may differ on the renewed lease.
SHOWINGS FOR PROSPECTIVE TENANTS: In accordance with applicable law, Landlord or its authorized agents may enter the Premises at any reasonable time to show the Premises to prospective Tenants with twenty-four hours advance written notice (via email or text message) to current Tenants, pursuant to SDCL 43-32-32. Tenants agree to restrain or remove pets while Landlord is showing the property.
MOVING OUT OF THE PROPERTY: Tenant will move out of the Premises when this Lease ends. If Tenant moves out after this Lease ends, Tenant will be liable to Landlord for any resulting losses including rent, court costs, and attorney fees.
MOVING OUT BEFORE LEASE ENDS: If Tenant moves out of the Premises before the date this Lease ends, Tenant is responsible for rent for the duration of this Lease and any other losses or costs for both Tenant and Landlord, including court costs and attorney fees.
MOVING OUT
SURRENDER OF PREMISES: The Tenants has surrendered the Premises when (a) the move-out date has passed; or (b) Access to the Premises has been turned in to Landlord whichever comes first.
SURRENDER AND HOLDING OVER: At the expiration or sooner termination of this Lease, Tenant(s) will remove their possessions and peaceably deliver possession of the Premises to Landlord in the same good repair and condition as at the commencement of this Lease, ordinary wear and tear excepted.
PROPERTY CONDITION UPON CHECKOUT: Tenants must surrender the Premises in clean condition. Any personal property left on the Premises after Tenant vacates or abandons the Premises shall be deemed abandoned and Tenant shall reimburse Landlord for costs incurred to remove, store and/or dispose of the same, subject to applicable law. Before surrendering the property, Tenants must:
Clean bathrooms, mirrors, cabinets (inside and out), appliances (inside and out), countertops, sinks, carpets (vacuum, remove stains, and use a hand-held hose to vacuum along the edges where the floors meet the walls), all non-carpeted floors (swept and mopped), walls (spots and splatters wiped off), window coverings (dusted), light fixtures, and any other items that show dust or soil.
Remove all pet hair, pet waste, and pet odors from inside the dwelling, from any shared spaces, and from all outdoor areas of the Premises, including any shared spaces.
Remove all personal items and properly dispose of all rubbish from the Premises, both inside and outside the dwelling.
Mow the lawn and trim weeds along fences and foundations.
Fit all light sockets with a working light bulb of prescribed wattage.
Ensure all smoke and carbon monoxide detectors are equipped with working batteries.
Return all issued and copied keys.
SECURITY DEPOSIT: In accordance with South Dakota law, the Security Deposit will be mailed or sent electronically to the Tenants within 14 days after this Agreement has terminated, less any damage charges or other monies owed to the Landlord, and without interest. This Security Deposit shall not be credited towards rent unless the Landlord gives their written consent.
TERMS FOR EVICTION / TERMINATION
EVICTION: If Tenant violates any of the terms of this Lease, Landlord may terminate this Lease immediately and without prior notice. If this Lease is terminated but Tenant does not move out voluntarily, Landlord may bring an eviction action. If Tenant violates any term of this Lease but Landlord does not terminate this Lease, or bring an eviction action, or sue Tenant, Landlord does not waive the right to take any of these actions for any other violation of the term of this Lease. A lawful seizure from any Premises of any illegal object or controlled substance, including drugs, constitutes unlawful possession of the Premises by the Tenant, and are grounds for an immediate eviction action.
EVICTION FOR NON-PAYMENT OF RENT: If the Tenants fails to pay rent when due and the default continues for the time-period specified in the written notice thereafter, the Landlord may, at their option, declare the entire balance (compiling all months applicable to this Agreement) of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to the Landlord at law or in equity and may immediately terminate this Agreement.
EVICTION AFTER PARTIAL PAYMENT OF RENT: It is expressly agreed to between Landlord and Tenant that, acceptance by Landlord of less than the full amount of rent due from Tenant does not waive Landlord's right to recover possession of the rental Premises for nonpayment by Tenant of balance of rent owed Landlord.
EVICTION FOR COMPLAINTS: Consistent complaints from neighbors and / or police regarding parties or noise may result in eviction. In addition, Tenants assume all responsibility for visitors and agree to hold harmless and indemnify the landlords for damages, minors and other situations that may occur when visitors are present.
EVICTION FOR FALSE OR MISLEADING RENTAL APPLICATION: If Landlord determines any oral or written statements made by Tenant in the rental application or otherwise are not true or complete in any way, then Tenant has violated this Lease and may be evicted.
OTHER TERMS
LANDLORD'S RIGHT TO ENTER: In accordance with applicable law, Landlord or its authorized agents may enter the Premises at any reasonable time to inspect, improve, maintain, or repair the Property, or do other necessary work, or to show the Premises to prospective Tenants, prospective buyers, insurance agents, mortgage lenders, or inspectors. Landlord may also enter the Premises if it appears to be abandoned and for the purpose of placing signs offering the Premises for sale or rent. Pursuant to SDCL 43-32-32, twenty-four hours advance written notice is presumed to be a reasonable notice period. However, without prior notice to Tenant or any other occupants of the premises, Landlord may also enter the premises or open the premises for all medical, property, safety or other such emergencies, and also for the entry of law enforcement personnel in the event Landlord is requested or ordered to do so by such law enforcement personnel. Tenant releases Landlord from any claim of liability or damage arising out of the entry of law enforcement into the premises, whether the entry was with or without a warrant or other judicial process or authorization.
INDEMNIFICATION: The Landlord shall not be liable for any damage or injury to the Tenants, or any other person, or to any property, occurring on the Premises, or any part thereof, or in common areas thereof, and the Tenants agrees to hold the Landlord harmless from any claims or damages unless caused solely by the Landlord's negligence.
DAMAGE OR INJURY TO TENANT OR HIS/HER PROPERTY: Landlord is not responsible for any damage or injury that is done to Tenant or his/her property, guests or their property that was not caused by Landlord. IT IS HIGHLY RECOMMENDED THAT TENANTS PURCHASE RENTER'S INSURANCE AT TENANT'S EXPENSE.
ACTS OF THIRD PARTIES: Landlord is not responsible for the actions, or for any damages, injury or harm caused by third parties (such as other residents, guests, intruders, or trespassers) who are not under Landlord's control.
TENANT SHALL REIMBURSE LANDLORD FOR: 1) Any loss, property damages, or cost of repair or service (including plumbing problems) caused by negligence or improper use by Tenant, his/her agents, family or guests; i.e. foreign objects flushed down toilets; 2) any loss or damage caused by doors or windows being left open; 3) all costs Landlord has because of abandonment of the Premises or other violations of the Lease by Tenant, such as costs for advertising the Premises; 4) all court costs and attorney's fees in any suit for eviction, unpaid rent, or any other debt or charge.
ATTORNEY'S FEES AND ENFORCEMENT COSTS: If Landlord brings any legal action against Tenant, Tenant must pay Landlord's actual attorney's fees, or other legal fees and expenses including fees paid to a collection agency, expenses, and court costs even if rent is paid after legal action is started.
ABANDONMENT: The premises will be deemed abandoned if Tenant defaults in rent payment, appears absent from the premises, and there is reason to believe that Tenant will not be returning to the premises, as determined by the Landlord with reasonable discretion. Should the premises be considered abandoned, Landlord will take possession immediately, change all locks, and store Tenant's personal property items, at Tenant's expense (to the extent Landlord is required to do so by applicable laws). Landlord shall have no liability to Tenant whatsoever in connection with the storage of any of Tenant's personal property. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all penalties, damages, fines, causes of action, liabilities, judgements, expenses (including, without limitation, attorney's fees) or charges incurred in connection with or arising from Landlord's storage of Tenant's personal property.
PROPERTY LEFT IN RENTAL UNIT: Tenant's property, the total reasonable value of which does not exceed five hundred dollars, left in the rental unit for ten days after surrender or vacation of residential dwelling unit, is presumed to have been abandoned by Tenant and then Landlord may dispose of the abandoned property. In the case of abandoned property exceeding a total reasonable value of five hundred dollars, Landlord shall store the property and have a lien on the property to the extent of the costs of handling and storing the property. After storing the property for thirty days or more Landlord may treat the property as abandoned and dispose of it.
DESTROYED OR UNLIVABLE PROPERTY: If the Property is deemed uninhabitable due to damage beyond reasonable repair, including fire and condemnation, the Tenants may terminate this Agreement by written notice to the Landlord. If said damage was due to the negligence of Tenants, Tenants shall be liable to Landlord for all repairs and for the loss of income due to restoring the Premises back to a livable condition in addition to any other losses that can be proved by the Landlord. If the Property is destroyed or damaged so it is unfit to live in due to any cause, Landlord may choose not to rebuild or restore the Property and/or may terminate this Lease immediately with no further liability to Tenant. If the destruction or damage was not Tenant's fault and Landlord terminates this Lease, rent will be prorated, and the balance will be refunded to Tenant.
REMEDIES OF LANDLORD. Upon any default by Tenant, Landlord may, at its option, terminate this Lease and/or commence eviction proceedings in accordance with the laws of South Dakota. Tenant agrees to pay all costs and expenses incurred by Landlord by reason of Tenant's default including, without limitation, loss of rents, attorney's fees, costs of regaining possession and re renting the Premises, storage fees and repairing and cleaning costs. The rights and remedies in this Lease are cumulative, not exclusive, and are in addition to any other rights and remedies available to Landlord at law or equity.
NO WAIVER. The failure of Landlord to require strict performance by Tenant of any provision of this Lease is not a waiver for the future of any breach of the same or any other provision herein. Landlord's acceptance of rent is not a waiver of any breach by Tenant.
LEAD PAINT: The Premises was constructed before 1978 and therefore the Lead-Based Paint Disclosure that is attached to this Agreement must be authorized.
GOVERNING LAW: This Agreement is to be governed under the laws located in the State of South Dakota.
SEVERABILITY: If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
ENTIRE AGREEMENT: This Agreement contains all the terms agreed to by the parties relating to its subject matter including any attachments or addendums. This Agreement replaces all previous discussions, understandings, and oral agreements. The Landlord and Tenants agree to the terms and conditions and shall be bound until the end of the Lease Term.
ATTACHMENTS TO THIS AGREEMENT: Tenant hereby acknowledges they have received the following documents as Attachments to this Lease Agreement or as required by local, state, or federal. Law:
Home Highlights
Pets
No
Parking
Contact Manager
Outdoor
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A/C
Heating only
Utilities Included
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Listed
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Details for 921 3rd Ave
Interior Features |
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Heating & Cooling Heating: Forced AirHeating Fuel: Forced Air |
Appliances & Utilities DishwasherDryerWasher |
Levels, Entrance, & Accessibility Floors: Hardwood |
Days on Market |
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Days on Market: Just Listed |
Property Information |
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Property Type / Style Property Type: Single Family Home |
Exterior Features |
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Parking & Garage Parking: Off Street Parking, On Site |
Rental |
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Deposit: $1,230 |
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Affordability
TIP:Try to keep your rent within a third of your gross household income. Learn why in our Renter's Guide.
For this property
$44,280 PER YEAR
is the suggested income
Win over prospective landlords with your smart budgeting. As a good rule of thumb, ideally you would have at least three times your monthly rent in combined household income.
What Locals Say about Brookings
- Lindsey
- Resident
- 3y ago
"We enjoy the short walk to the parade route from our neighborhood. We also live within walking distance to the movie theater and downtown area. "
- Kmarie86
- Resident
- 5y ago
"Town is too crowded for street system. Need to increase speed limits and widen all major roads and fix pot holes. "
- Local
- Resident
- 5y ago
"There is two parks and a school within walking distance of my childs school. Downtown is also nearby. We feel safe here and everyone is friendly. So much stuff to do. Brookings is a great place to live and raise a family."
- Megan L. G.
- Resident
- 5y ago
"I just recently moved to brookings and it is a very nice community. Although it is bigger than what I grew up in, it’s not a huge city where I get lost. In the few months I’ve lived here we have made many friends in, and around our neighborhood "
- Twolters
- Resident
- 5y ago
"great comfortable community, that has a careing Midwestern tradition of being helpful and curtious.. "
- kmm
- 10y ago
"This neighborhood is perfect for a family, singles, couples or elders! It's away from the "college life" and serves as an amazing place to live. It's close to trails, soccer fields, & softball/baseball fields. "
Local Legal Protections
Local Legal Protections
LGBTQ • Housing Voucher • Source of Income
Nick Peters
921 3rd Ave, Brookings, SD is a 3 bedroom, 1 bathroom, 1,112 sqft single-family home. 921 3rd Ave was listed for rent for $1,230/month on Apr 30, 2024.