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SAMPLE FORM

RENTAL AGREEMENT -- DWELLING UNIT

IDENTIFICATION OF PARTIES:

IT IS AGREED BETWEEN THE FOLLOWING PARTIES:

Kent Scott¹ Vance Lars³
LANDLORD TENANT(S)

             46 Cherry Lane NE²                                         20 Orchard Road SE⁴
            Lent, SD 57636                                                 Lent, SD 57635
            (999) 676-3030                                      (999) 676-3131(ADDRESS AND TELEPHONE)                        (ADDRESS AND TELEPHONE)

DESCRIPTION OF PREMISES:

LANDLORD SHALL RENT TO TENANT THE FOLLOWING PREMISES
DESCRIBED AS:                                 A two-story house and one-stall garage⁵

TERM:

THIS AGREEMENT COMMENCES ON July 15th , 2001⁶,
AND SHALL RUN TO AND EXPIRE ON June 17^th , 2001⁷.

RENT:

TENANT SHALL PAY LANDLORD RENT IN THE AMOUNT OF:           Five Hundred
   Dollars               ($            500⁸            ) PAYABLE PER MONTH, IN ADVANCE,
WHICH IS DUE THE FIRST OF EACH MONTH AT THE FOLLOWING ADDRESS:
               46 Cherry Lane NE⁹                      OR AT SUCH OTHER ADDRESS AS
LANDLORD MAY DIRECT IN WRITING TO TENANT. INTEREST SHALL RUN
ON ALL DELINQUENT AMOUNTS AT         5%¹⁰         PER ANNUM UNTIL PAID.

This is not a substitute for legal advice. An attorney must be consulted.
Copyright © 1994 - 2014 by LAWCHEK, LTD.

RENTAL AGREEMENT FORM cont'd.

SECURITY DEPOSIT:

TENANT SHALL PAY THE AMOUNT OF One Hundred Dollars ($ 100¹¹ )
( NOT TO EXCEED 1¹² MONTHS’ RENT ) AS A SECURITY DEPOSIT TO
LANDLORD TO BE HELD IN TRUST. THE SECURITY DEPOSIT SHALL BE HELD
AND DISBURSED ACCORDING TO LAW.

USE OF PREMISES:

TENANT SHALL USE THE PREMISES AS A DWELLING UNIT ONLY. ANY
OTHER USES ARE EXPRESSLY PROHIBITED UNLESS AGREED IN WRITING.
TENANT SHALL NOTIFY LANDLORD IN WRITING OF ANY PROLONGED
ABSENCE NO LATER THAN THE FIRST DAY OF THE INTENDED ABSENCE.

UTILITIES:

LANDLORD SHALL FURNISH AND PAY THE FOLLOWING UTILITIES:_________
Electricity and Water¹³
___________________________________________________________________
____________________________________________________________________

TENANT SHALL FURNISH AND PAY THE FOLLOWING UTILITIES:___________
Telephone¹⁴
___________________________________________________________________
___________________________________________________________________

TENANT ACKNOWLEDGES THAT LANDLORD, OR HIS/HER AGENT, HAS
FULLY EXPLAINED TO TENANT UTILITY RATES, CHARGES AND SERVICES
THAT TENANT IS REQUIRED TO PAY OTHER THAN THOSE THAT TENANT
WILL PAY DIRECTLY TO A UTILITY COMPANY.

LANDLORD’S AUTHORIZED AGENT:

LANDLORD DESIGNATES    Jerry Seller¹⁵                        AT THE FOLLOWING
ADDRESS AND TELEPHONE NUMBER:       12 10th Street SE, Lent, SD¹⁶
                                           (999) 676-3232¹⁶                       AS THE PERSON
AUTHORIZED TO MANAGE THE PREMISES AND TO ACCEPT ALL NOTICES
AND DEMANDS REQUIRED BY THIS AGREEMENT OR LAW.

This is not a substitute for legal advice. An attorney must be consulted.
Copyright © 1994 - 2014 by LAWCHEK, LTD.

RENTAL AGREEMENT FORM cont'd.

DELIVERY OF POSSESSION:

LANDLORD SHALL DELIVER POSSESSION OF THE PREMISES TO TENANT ON
07/15/01¹⁷ .

TENANT SHALL MAINTAIN THE PREMISES AS FOLLOWS:

           A. COMPLY WITH ALL OBLIGATIONS PRIMARILY IMPOSED UPON
           TENANTS BY APPLICABLE PROVISIONS OF BUILDING AND HOUSING
           CODES MATERIALLY AFFECTING HEALTH AND SAFETY.

           B. KEEP THE PART OF THE PREMISES UNDER TENANT’S CONTROL
            AND OCCUPANCY CLEAN AND SAFE AS THE CONDITION OF THE
            PREMISES PERMITS.

           C. DISPOSE FROM THE TENANT’S DWELLING UNIT ALL ASHES,
            RUBBISH, GARBAGE, AND OTHER WASTE IN A CLEAN AND SAFE
           MANNER.

D. KEEP ALL PLUMBING FIXTURES IN THE DWELLING UNIT OR USED
BY THE TENANT AS CLEAN AS THEIR CONDITION PERMITS.

            E. USE IN A REASONABLE MANNER ALL ELECTRICAL, PLUMBING,
            SANITARY, HEATING, VENTILATING, AIR-CONDITIONING AND OTHER
          FACILITIES AND APPLIANCES INCLUDING ELEVATORS IN THE
            PREMISES.

            F. NOT DELIBERATELY OR NEGLIGENTLY DESTROY, DEFACE,
          DAMAGE, IMPAIR OR REMOVE A PART OF THE PREMISES OR
            KNOWINGLY PERMIT A PERSON TO DO SO.

G. ACT IN A MANNER THAT WILL NOT DISTURB A NEIGHBOR’S
PEACEFUL ENJOYMENT OF THE PREMISES.

            H. NOT CREATE OR MAINTAIN A THREAT CONSTITUTING A CLEAR
            AND PRESENT DANGER TO THE HEALTH AND SAFETY OF OTHER
            TENANTS, THE LANDLORD, OR THE LANDLORD’S AGENTS OR
            EMPLOYEES. CLEAR AND PRESENT DANGER INCLUDES, BUT IS NOT
            LIMITED TO, PHYSICAL ASSAULT OR THE POSSESSION OF A
            CONTROLLED SUBSTANCE UNLESS OBTAINED PURSUANT TO A
            VALID PRESCRIPTION, OR KNOWINGLY PERMIT ANY OTHER PERSON
            ON THE PREMISES TO PERFORM ANY OF THE ABOVE ACTS.

This is not a substitute for legal advice. An attorney must be consulted.
Copyright © 1994 - 2014 by LAWCHEK, LTD.

RENTAL AGREEMENT FORM cont'd.

RULES AND REGULATIONS:

TENANT SHALL FOLLOW ANY REASONABLE RULES AND
REGULATIONS SET FORTH IN WRITING AND GIVEN TO TENANT REGARDING
USE AND OCCUPANCY OF THE PREMISES. IN THE EVENT THAT ANY RULE
OR REGULATION CONFLICTS WITH THE TERMS OF THIS AGREEMENT, THE
TERMS OF THIS AGREEMENT SHALL APPLY.

LANDLORD’S RIGHT OF ACCESS:

LANDLORD SHALL HAVE A REASONABLE RIGHT OF ACCESS TO THE
PREMISES FOR THE PURPOSES OF INSPECTION, REPAIRS, DECORATIONS,
ALTERATIONS OR IMPROVEMENTS, SUPPLYING SERVICES, OR EXHIBITION
OF THE PREMISES. EXCEPT, IN CASE OF EMERGENCIES, LANDLORD SHALL
GIVE THE TENANT 15 days’¹⁸ (DAYS’, ETC.) NOTICE IN WRITING BEFORE
ENTERING THE PREMISES. THE TIME OF ENTRY SHALL BE AT REASONABLE
HOURS. THE TENANT SHALL NOT UNREASONABLY DENY THE LANDLORD’S
REQUEST FOR ENTRY.

ASSIGNMENT AND SUBLETTING OF PREMISES:

LANDLORD HAS LEASED THE PREMISES TO THE TENANT FOR THE
TENANT’S USE AND OCCUPANCY IN ACCORDANCE WITH THE TERMS OF
THIS AGREEMENT. THE TENANT SHALL NOT ASSIGN OR SUBLET
HIS/HER/ITS INTEREST IN THIS AGREEMENT WITHOUT THE CONSENT OF
THE LANDLORD. THIS CONSENT OR ANY REQUEST FOR SUCH CONSENT
SHALL BE IN WRITING.

FIXTURES AND IMPROVEMENTS:

ANY FIXTURES OR IMPROVEMENTS ATTACHED TO OR MADE UPON
THE PREMISES BY THE TENANT SHALL BE AT THE TENANT’S OWN EXPENSE
AND SHALL REMAIN UPON THE PREMISES UPON TENANT’S SURRENDER OF
THE PREMISES, UNLESS OTHERWISE AGREED IN WRITING BETWEEN THE
PARTIES.

FIRE OR CASUALTY DAMAGE:

IN THE EVENT THAT THE PREMISES ARE DAMAGED OR DESTROYED BY FIRE
OR OTHER CASUALTY TO SUCH AN EXTENT THAT THE TENANT’S
ENJOYMENT OF THE PREMISES IS IMPAIRED, THE TENANT MAY:

RENTAL AGREEMENT FORM cont'd.

A. IMMEDIATELY VACATE THE PREMISES AND NOTIFY THE
LANDLORD IN WRITING WITHIN FOURTEEN DAYS OF THE TENANT’S
INTENTION TO TERMINATE THE RENTAL AGREEMENT, IN WHICH CASE THE
RENTAL AGREEMENT TERMINATES AS OF THE DATE OF VACATING; OR

B. IF TENANT’S CONTINUED OCCUPANCY IS LAWFUL, VACATE
A PART OF THE DWELLING UNIT RENDERED UNUSABLE BY THE FIRE OR
OTHER CASUALTY, IN WHICH CASE THE TENANT’S RESPONSIBILITY FOR
RENT SHALL BE REDUCED IN PROPORTION TO THE DIMINUTION IN THE
FAIR RENTAL VALUE OF THE PREMISES.

IN THE EVENT OF TENANT’S TERMINATION OF THE AGREEMENT
PURSUANT TO SUBPART ABOVE, THE LANDLORD SHALL RETURN ALL
PREPAID RENT AND SECURITY PURSUANT TO THE TERMS OF THIS
AGREEMENT AND STATE LAW. ACCOUNTING FOR RENT IN THE EVENT OF
TERMINATION OR APPORTIONMENT IS TO OCCUR AS OF THE DATE OF THE
CASUALTY.

INSPECTION AND HABITABILITY:

TENANT HAS HAD THE OPPORTUNITY TO INSPECT THE PREMISES
PRIOR TO SIGNING OF THIS AGREEMENT AND ANY PRE-EXISTING DAMAGE
TO THE PREMISES IS NOTED ON THE ATTACHED ITEMIZATION. THE
TENANT ACKNOWLEDGES THAT THE PREMISES ARE IN A REASONABLE AND
ACCEPTABLE CONDITION OF HABITABILITY FOR THE INTENDED USE, AND
THAT THE AGREED RENT IS FAIR AND REASONABLE FOR THE PREMISES IN
THE PRESENT CONDITION. THE TENANT SHALL NOTIFY THE LANDLORD IN
WRITING IF, DURING THE TERM OF THIS AGREEMENT, THE CONDITION OF
THE PREMISES CHANGES IN SUCH A MANNER AS TO ALTER TENANT’S
OPINION.

NOTICES:

ALL NOTICES REQUIRED BY LAW OR BY THIS AGREEMENT SHALL BE
IN WRITING AND DELIVERED BY PERSONAL DELIVERY, SERVICE AS
PROVIDED BY LAW, OR BY CERTIFIED OR REGISTERED MAIL, RETURN
RECEIPT REQUESTED, TO THE LAST KNOWN ADDRESS. WORDS AND
PHRASES HEREIN SHALL BE CONSTRUED AS IN THE SINGLE OR PLURAL
NUMBER, AND AS MASCULINE, FEMININE OR NEUTER GENDER, ACCORDING
TO THE CONTEXT.

RENTAL AGREEMENT FORM cont'd.

THIS AGREEMENT WITH ANY ATTACHMENTS CONSTITUTES THE SUM AND
SUBSTANCE OF THE AGREEMENT BETWEEN THE PARTIES AND IS THE
ENTIRE AGREEMENT AND NO OTHER STATEMENTS, REPRESENTATIONS OR
PROMISES MADE BY THE PARTIES REGARDING THIS AGREEMENT ARE
BINDING UPON THE PARTIES UNLESS IN WRITING AND SIGNED BY THE
PARTIES.

ADDITIONAL PROVISIONS:

THE LANDLORD OR TENANT MAY RENEW THE LEASE BY GIVING
15¹⁹ DAYS’ NOTICE OF THE INTENT TO RENEW THE LEASE. THE
OTHER MAY ACCEPT OR REJECT SUCH A REQUEST IN WRITING.

______________________________²⁰ ______________________________²¹
LANDLORD TENANT

Attach Acknowledgment if necessary.

NOTES
The above is an example of how a typical Rental Agreement - Dwelling Unit form may be completed.

The Full name of the landlord.
The full address and telephone number of the landlord.
The full name(s) of the tenant(s).
The full address and telephone number of the tenant(s).
A concise description of the property to be rented, including the street address.
The date on which the agreement activates.
The date on which the agreement terminates.
the amount per month for rent paid to the landlord by the tenant, both written out and numerically.
The address to which the payment of rent will be sent.
The percent of interest collected by the landlord when the tenant is late with payment.
The amount of the security deposit paid to the landlord by the tenant, both written and numerically.
The number of months' rent the security deposit can be equal to but not exceed.
The utilities that the landlord shall provide.
The utilities that the tenant is responsible for paying.
The full name of the agent of the landlord.
The full address and telephone number of the landlord's agent.
The date on which the tenant may take possession of the property.
The minimum amount of time for written notice to be given prior to a landlord entering the premises.
The minimum number of days the landlord or tenant must give as notice of the intent to renew the lease.
The signature of the landlord.
The signature of the tenant.

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This is not a substitute for legal advice. An attorney must be consulted.