N- K PROPERTIES INC.
610 BROADWAY AVENUE
YANKTON, SD 57078
605-665-1828
NO SURPRISES LEASE AND AGREEMENT
This agreement made this day of (month) 2014, by and between N-K PROPERTIES, City of Yankton, County of
Yankton, State of South Dakota, lessor, hereinafter called the landlord, whether one or more, and (tenant), County of
Yankton, State of South Dakota, lessee, hereinafter called the tenant, whether one or more, for themselves, their heirs,
executors, administrators, and assigns, witnesseth:
The landlord in consideration of the rents agreed to be paid by the tenant as hereinafter specified and the covenants
herein contained has leased and by these presents does lease to the tenant subject to the provisions of this lease the
following describe premises situated in the County of Yankton, and State of South Dakota, to-wit: (address),
Yankton, SD 57078, for twelve (12) months. The total payment for this twelve (12) month Lease is $due and payable
in monthly installments of $ per month, with each monthly payment due and payable not later than the first day of
each month. Upon the expiration of this twelve (12) month lease, the lease will automatically renew for one year and
may be subject to rent increase. The tenant acknowledges the receipt of two (2) keys. _____ It is advised that the
second key be kept in a secure place for lock out protection. There is a $25.00 + tax lockout charge for after business
hours lockout service _____. In the event that tenant terminates lease before contractual rental period is completed,
tenant will utilize the buyout clause. This buyout clause is good for the first 11 months of this contract. This is
calculated at $200 for each month remaining in the contract _____. If tenant moves out during the winter months
between October 1 and March 31 the tenant has the choice of paying double the buyout clause or paying utilities until
a suitable renter can be found for the contract property. This clause enables the tenant to buy the remainder of the
lease and, upon full payment, the tenant will have satisfied their contractual obligation with the landlord. During the
last month the full amount of rent will be due. ___________rent has been prorated to $_______versus the full amount
of $_________. The landlord is responsible for all utilities, based on reasonable consumption. Any overage of use
will be charged back to the tenant _____. If the tenant puts in an additional A/C unit for the summer, the tenant
must notify the landlord immediately and the rent during cooling months will be $35.00 more per month _____.
Prior to taking possession, the tenant will be given a condition report that they must complete and submit within
five (5) days of lease signing ____. This document will then remain an integral part of this lease once both parties
have signed and agree with the condition report____. If the condition report is not returned within the 5-day period,
then it is assumed that the premises are satisfactory and tenant will be held responsible for any damages or defects of
said premises. Prior to taking possession, if premises are not cleaned to the tenant’s satisfaction, the landlord must be
notified immediately. Once the tenant takes possession, it is then assumed that the premises were satisfactorily
cleaned prior to the tenant taking possession, including, but not limited to, all appliances, fixtures, windows, and
carpets.
The tenant agrees to submit a written thirty-day notice prior to vacating the leased premises. This notice
must be given on the first of the month; otherwise date of notice is automatically forwarded to the first of the
following month _____. The tenant will be out of the rental property by noon on the last day ____. Once notice
is given the landlord has the option of putting up a ‘For Rent’ sign in the yard two weeks before your rental
commitment is up _____. Shortly after notice has been received, the tenant will receive a checkout procedure list.
The landlord will set a maintenance and repair inspection appointment that will be performed within 10 days of
notice. If repairs are deemed necessary, repairs may be done on premises during these last 30 days. Any repairs
needed, will be done by the Landlord, not the tenant. The landlord will provide a cleaning inspection form as a
courtesy. This form outlines all the areas of cleaning required for full compliance of your cleaning responsibilities.
If the cleaning period extends beyond the rental contract, additional rents will be charged ______.
The tenant agrees to use said premises as a residence and for no other purpose and in the use of said premises will
comply with all laws and ordinances applicable thereto on penalty of forfeiture of rents and deposits and immediate
termination of this lease.
The tenant agrees to not alter property or grounds without permission from the property owner____. Tenant agrees
that no structural changes will be made to the property, which includes stringing new television or Internet cables
______. The tenant is responsible for the cost of cable/internet hookup and must get permission from landlord before
any installation____. Tenant agrees to purchase a wireless router to have Internet access in rooms where there is no
phone jack _______.
The tenant agrees not to assign this lease or sublet the rented premises or any part thereof without first obtaining
the written consent of the landlord. The written consent will be based upon a completed and approved rental
application.
The tenant agrees that he/she will, at the expiration of this lease, quietly yield and surrender the above described
premises to the landlord in as good a condition and repair as when taken, reasonable wear and tear and damage by the
elements alone is accepted. The hourly rate for any additional repairs and cleaning services is $30.00/hr plus the cost
of materials and supplies.
It is agreed that if the tenant shall fail to make payments of the rent or any part thereof when due or shall fail to
comply with any of the terms of this lease, then the landlord may re-enter causing a forfeiture of the rents to be paid
by the tenant for the full term of this lease. Such failure will result in the landlord seeking a legal remedy to recover
any losses incurred.
With reasonable notice, the landlord shall have access to the premises to perform repairs, view, examine, and show
the same, and for all such purposes as may be necessary to perform and to assure performance of this lease.
The tenant agrees that the rent is due and payable on or before the first day of each calendar month to N-K
PROPERTIES at 610 Broadway, Yankton, SD 57078. A late charge of $35.00 will be assessed after 4:30 pm on
the 3rd day of the month, with an additional $3.00 per day late fee for each day thereafter, on all rents received
after the third of the month _____.
The tenant agrees that, in the event that the tenant’s check is returned dishonored for insufficient funds, the
landlord will charge, and the tenant agrees to pay, $40.00 for each check that is dishonored, together with the
applicable late charges as hereinabove set forth in the preceding paragraph.
Landlord reserves the right to periodically review the amount of the rent to be paid by tenant for the subject
premises. If the landlord pays utilities, the rental rate is based on reasonable utility consumption. Utility usage will
be reviewed quarterly ______. The rental rate may be reviewed if utility rates or usage increases. The heating
season starts October 15 and continues until May15 each year. In the event an increase in the rent is deemed
necessary, tenant will be given not less than 30 days notice prior to the increased rent taking effect. Upon receiving
notice of any increase in rent, the tenant will have the option to terminate this lease on 30 days notice without a
buyout.
Landlord does not guarantee basement to be dry _____.
Parking facilities are not to be used for vehicle maintenance beyond 1 day. ______
The rental amount includes a $20 per month pet fee and $20 per month smoking fee ($20/pet) fee. ______
Tenant acknowledges that this lease is good for one_____, providing the $200 pet fee has been paid. _____
Tenant acknowledges that the property will be inspected every six months when tenant has a pet. _______
Tenant acknowledges that this lease does not allow for any other pets on the premises on the ground without the
express written permission of the landlord____. Puppies are not allowed on the premises of any rental property.
Tenant acknowledges that this lease allows for ________ people to be living on the premises. Tenant
acknowledges that this lease does not allow for any other people to be living in this rental unit without the written
permission of the landlord____.
Tenant acknowledges that this lease does/does not allow smoking on the premises. ________
Tenant acknowledges that no waterbeds _____ are allowed on the premises.
Tenant acknowledges that Dish and Direct TV are not allowed on the premises unless a dish is already installed.
____
Tenant acknowledges that if premises has a fiberglass tub _____they are not to use abrasive cleaners on them.
Tenant acknowledges that if you install a landline phone, you must purchase through your phone provider ‘Wire
repair for phone’____.
Tenant acknowledges that if tenant pay for the utilities, tenant must have the utilities turned on within 24 hours of
the date of the lease agreement or tenant can be evicted_____.
Rental contracts are set up so a tenant remains in the property during the winter months. _______
Tenant will contact us for freeze guard service if they will be out of town more than 3 days during winter month’s
_______.
Tenant will not repair holes in walls. ______ Tenant will be charged $15 per hole if they fill holes.
Tenant acknowledges that smoking and excessive candle burning within the premises will make washing of the
walls and ceilings mandatory _____ before premises are vacated. If not done satisfactorily, a charge will be
incurred. If you live in an apartment complex and smoke, please do not smoke in the commons area (halls and
laundry areas)_____.
Tenant acknowledges that if the tenant has a non-smoking lease and it is determined that someone has been
smoking in the residence or there has been excessive candle burning the tenant will be assessed a $200 surcharge at
lease termination________.
It is agreed that if the rental premises has carpet, the tenant is required to vacuum the carpet on a regular basis, at
least weekly, in order to maintain and assure that the carpet suffers no undue wear and tear. If tenant’s private
entrance contains a stairway, tenant agrees that said stairway is part of their rental premises and thus agrees to keep
stairway clean, well lit and free of clutter. If the rental period is six months or more, or the tenant is a smoker or has a
pet, tenant agrees that the carpet must be professionally cleaned and scotchgarded when you vacate the property
_____.
Tenant acknowledges and agrees that during the heating season the furnace filter needs to be checked and/or
changed monthly _____ (if dirty) to operate more efficiently. Tenant acknowledges and agrees that during the
cooling season if you have a central air unit, that the furnace filter needs to be checked and/or changed monthly
_____ and to hose off with water, the outside condensing unit at least monthly _____. This will help the unit to be
more efficient and save on your cooling/heating bill.
Tenant acknowledges and agrees that all rubbish, garbage, and trash must be placed in the area designated for
garbage pickup by the City of Yankton. Tenant agrees that all refuse, trash, and rubbish must be placed in strong,
black plastic garbage bags and tied securely ____ and then placed in the designated area. Garbage needs to be
disposed of on a regular basis. Tenant agrees to keep rental property clean and free of debris and garbage to
decrease the chance of rodent and/or insect infestation_____. Tenant also agrees to use a strainer over all drains
_____ to prevent hair, food, jewelry and other debris from going down the drain.
At the time that tenant moves out of leased premises, a $2 per light bulb fee, a $2 per smoke alarm battery fee and
a $15 fire extinguisher fee (see below for complete list) will apply if any of these items are missing or are not in
working condition. Tenant acknowledges their responsibility to replace light bulbs when needed, replace smoke
alarm batteries when chirping begins and to know where the fire extinguisher is kept and how it operates______.
Tenant agrees that recurring problems i.e. plumbing or insects, caused by tenant, will incur a labor charge
______. Tenant agrees that seasonal insects are their responsibility ______.
LIST OF CHARGES
Tenants receive reduced rates. Our regular rates are 25-50% higher.
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Light Bulbs ….. $ 2.00 each
Florescent light tubes and incandescent bulbs ….. $ 10.00 each
Batteries ….. $ 3.00 each
Horizontal Blinds (avg. size), installed ….. $ 12-15 each
Horizontal Blinds (large size), installed ….. $ 30-60 each
Vertical Blinds…..$75-125- each
Furnace Filter….. $ 12.00-50.00
Fire Extinguisher ….. $25.00 each
Cleaning ….. $ 30.00/hr
Service Call ….. $ 30.00 plus labor over ½ hour
Nail Hole Charge ….. $ 5.00 per hole
Labor, Plumbing ….. $ 30.00/hr
Labor, Electrical ….. $ 30.00/hr
Labor, all other ….. 30.00/hr
Carpet, Vinyl and Paint ….. Cost is at market value
Carpet Repair…..$30/hr
Ozone Treatment ….. $ 75.00
Garage Door Remote ….. $50 per replacement plus $2 battery charge
AC Remote ….. $100 per replacement plus $2 battery charge
Rekey lock charge ….. $35 service call plus per lock and per key charge (4 keys
required)
Tenant agrees that, if rental premises have off street parking, tenant will be assigned only one space and agrees to
only utilize their assigned parking space _____. Violators of this term and condition, and other vehicles illegally or
improperly parked, will be towed at the expense of the vehicle owner. At no time shall a vehicle be parked on the
front yard or grass area. Backyard parking is not acceptable _____.
Tenant agrees that he/she will disconnect and pay all final utility bills. The tenant agrees to leave all utilities in
force and in their name for three (3) business days after vacating the premises _____. Not leaving utilities in force
for 3 business days could result in forfeiture of deposit and possible small claims court litigation.____ In the event
tenant fails to disconnect or make final payment for the referenced utilities, then, and in that event, the landlord is
entitled to withhold such sums from the damage deposit as may be necessary to satisfy any unpaid utility bills.
If rented premises are a single family dwelling, tenant is responsible for snow removal and for the maintenance
of the lawn, bushes and grounds keeping, this includes weekly removal of any animal droppings ____. Tenant is
also responsible for mowing on a regular basis. If not done in a timely fashion, we will take on the responsibility
and will charge the tenant $30.00 minimum per occurrence. Lawns must be kept watered during times of
drought_____. Remove all hoses from faucets by October 15th. Any broken facets and/or pipes will be charged to the
tenant _____. If the rented premises are a multiple family dwelling, the landlord will maintain the lawn and will be
responsible for snow removal. Landlord will maintain all public areas, ground and parking lots. As an effort to
assist all concerned, we provide a 24 hour, 365 days a year emergency telephone number, 665-1828. For routine
service and assistance please call between the hours of 8:30am and 4:30pm, Monday through Friday. Calls after
hours are reserved for emergencies only (fire, flood, or storm damage); however, tenant acknowledges their
responsibility to report any nonemergency problems or dangerous activities in a timely manner_____. After
hours message number 665-1995. Interior hallways are to be kept clear of all personal effects, including, but not
limited to, boots, overshoes, umbrellas, and other personal effects. The rental unit must be kept safe and
sanitary____. If the rental premises are an apartment complex, all vehicles must be removed from the parking lot by
9 a.m. after a 1 inch snowfall _____. This will aid in the snow removal of the parking lot.
If you come to the office to pay rent or for any reason, you need to park in our parking lot via the alley (access via
6th Street -DO NOT drive thru Williams & Company parking lot) or on Broadway Avenue_____. PLEASE DO
NOT park next door in Williams & Company’s parking lot.
Tenant agrees to utilize TVs, radios, and musical instruments in such a manner so as not to disturb the other
tenants.
The tenant agrees that the landlord is not responsible for accidents, which occur on the premises. Tenant
acknowledges that he/she has the option to acquire sufficient liability insurance for tenant, family and for personal
effects. The landlord strongly recommends obtaining renter’s insurance.
Tenant shall not use the premises in any manner that will increase the risk covered by insurance. Such actions
could result in an increase in the insurance premium or the cancellation of the insurance policy. This policy must be
followed even if such use may be in furtherance of tenant’s business purposes. Tenant shall not keep, use, or sell
anything prohibited by any policy of fire insurance covering the premises and shall comply with all requirements of
the insurers applicable to the premises necessary to keep in force the fire and liability insurance.
Tenant agrees that the property of tenant, the total reasonable value of which does not exceed one hundred dollars,
left on leased premises by the tenant for 10 days after the tenant has quit said premises, is then presumed to be
abandoned property.
If there are laundry facilities on the rental premises, the hours of operation are 8:00 a.m. to 9:30 p.m. daily.
Tenants are not authorized to tint or dye clothing in the laundry machines. Tenants utilizing the laundry facilities are
responsible for lost or stolen articles during the use of the laundry facilities by the tenants.
CLEANING/DAMAGE DEPOSIT
The tenant acknowledges that the security deposit of $___________ deposit plus the $____________ pet fee is
payable with the first month’s rent. This Deposit is not reassignable and will not be refunded until the property is
vacated and inspection of the property is satisfied. The Deposit in the amount of $_______________ was received on
__________________________. The cleaning/damage deposit shall be utilized to secure the performance of this
Lease agreement or any part of the agreement, including tenant default in the payment of rent or of any other funds
due to the landlord pursuant to this Lease agreement to restore the premises to their condition at the commencement
of this tenancy, ordinary wear and tear excepted. The cancellation fee and/or replacement fees, if applicable, may be
deducted from the cleaning/damage deposit. Within two weeks after the termination of the tenancy and receipt of
tenant’s new mailing address or delivery instructions and the return of all keys and remote control(s), if
applicable, the cleaning/damage deposit will be returned to tenant or a written statement showing the specific
reason(s) for the withholding of the deposit, or any portion thereof, will be furnished to tenant.
In testimony whereof, both parties have hereunto set their hands and seals the day and year first above written
_______________________
Tenant
________________________
Landlord
_______________________
Tenant
________________________
Date
_______________________
Date
Number of Keys given _________, mailbox key ____
Deposit Received ($________ due) $________________
Pet Fee Received ($_________ due) $________________
Smoking Fee Received ($_________ due) $________________
AC/Garage Remote Deposit received ($50 each due)$________________
Pro-rated rent received for ________($______ due) $________________
Next months rent received ($_________ due) $________________
Last Month’s rent received ($_________ due) $________________
How paid________________________ Amount $____________
TENANT MOVE-IN CONDITION REPORT
If you pay for the utilities, please make sure that the water is turned on before the Gas Company is called; otherwise, the
Gas Company will not light your pilot lights. Light bulbs, smoke detector batteries and fire extinguishers are assumed to be
in satisfactory working condition at time of move-in. If landlord must replace any of these items when tenant moves, the
tenant will be held financially responsible and these monies deducted from tenant’s deposit money, unless other
arrangements have been made. Premises have been vacuumed, dusted and wiped down just prior to tenant moving in.
USE BLACK INK ONLY
Name:
Date:
Your phone number:
Property Location:
There are no signs of ants or roaches _______(initial)
Living Room:
Kitchen:
Bath:
Bedroom:
Bedroom:
Basement:
Others:
Comments:
We, _______________________ and ____________________________, agree that the above condition report describes the condition
of_______________________________________________ when we moved in.
___________________________________________ and __________________________________________
Signature
Signature
THIS FORM MUST BE RETURNED WITH FIVE (5) DAYS OF LEASE SIGNING. IF THIS IS NOT RETURNED, THE
TENANT WAIVES HIS OR HER RIGHTS TO ANY CONDITION DEFECTS OF THE ABOVE PROPERTY AND THUS WILL BE
HELD FINANCIALLY RESPONSIBLE. Only valid after both parties have signed and agreed to the above.
WHEN TENANT TURNS IN THE COMPLETED CONDITION REPORT, AN APPOINTMENT NEEDS TO BE MADE FOR N-K
PROPERTIES TO VERIFY COMMENTS LISTED ABOVE.
Post Condition Report: APPOINTMENT DATE: __________ TIME: __________,
Property inspected by _____________________________Mr. Clean & ___________________________Tenant