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Delivery Driver Part

Location:
La Crosse, WI
Posted:
January 10, 2024

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WISCONSIN

RESIDENTIAL LEASE AGREEMENT

This Lease Agreement (the "Agreement") is made and entered on (the "Effective Date") by and between Kelly Smith (the "Landlord") and the following tenants:

(hereinafter, the "Tenant(s)").

The Landlord and the Tenant(s) agree as follows:

1. PROPERTY

The Landlord, in consideration of the lease payments provided in this Agreement, leases to the Tenant(s) a house located at 4341 Cliffside Drive, La crosse, Wisconsin 54601 (the

"Property"). No other portion of the building wherein the Property is located is included unless expressly provided for in this Agreement.

2. TERM

The term of the Lease Agreement begins on 01/01/2024 (hereinafter, the "Commencement Date"), and shall continue from that date as a month-to-month tenancy. Either party may terminate the tenancy by giving written notice of intention to terminate the tenancy at least 28 days prior to the intended termination date. Such notices may be given on any date.

The Tenant(s) shall vacate the Property upon termination of the Lease Agreement, unless:

(i) The Landlord and the Tenant(s) have, in writing, extended this agreement or signed a new agreement.

(ii) Mandated by local rent control law.

(iii) The Landlord accepts Rent from the Tenant(s) (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate. Page 1 of 14

All other terms and conditions of this Agreement shall remain in full force and effect. 3. MANAGEMENT

The Tenant(s) is hereby notified that the Owner or Landlord Kelly Smith is the Property Manager in charge of repairs or maintenance of the Property. If the Tenant(s) has any complaint regarding any issue about the Property, Kelly Smith shall be contacted by one of the following methods:

Address: 54601

Telephone: 608-***-****

Email: ad2naa@r.postjobfree.com

4. RENT

The Tenant(s) shall pay the Landlord monthly rent in the amount of $$500.00 (hereinafter, the

"Rent") for each full month during this lease. The full month's rent is due and payable not later than the 1st day of each month. If that day falls on a legal holiday, the Rent is due on the next business day.

The Landlord may increase the Rent at the end of the initial lease term by giving the Tenant(s) at least a 28 days written notice.

Place of Payment:

The Tenant(s) shall remit all Rent payment amounts owed to the Landlord under this Lease Agreement to the following address:

54601

The Landlord may later change the person and place to which the Tenant(s) must remit the rental amounts due under this Lease Agreement.

Method of Payment:

The Tenant(s) shall pay Rent by selecting any of the following forms of payment (select one or Page 2 of 14

more):

Money order

Cashier's check

Cash

If the Landlord agrees that the Tenant(s) shall have the right to sub-let the Property or any part thereof, or if that the Property is leased under any form of multiple or joint tenancy, the Tenant(s) shall be responsible for collecting the lease payment from the sublessee(s) or joint lessee and submitting it to the Landlord in a single and complete payment. Moreover, the Tenant(s) shall be responsible for any lease payment not received by the Landlord by the due date stated in the present Lease Agreement. All partial payments made for an incomplete monthly period shall be pro-rated at the rate of 1/30th of the monthly lease payment per day.

Lastly, the Landlord shall have the option to accept or reject payments made by third parties, but such acceptance or rejection of payment shall not imply a future obligation to accept or reject payments submitted by third parties.

5. SECURITY DEPOSIT

The Tenant(s) agrees to pay $$100,100.00 (the Security Deposit) as a Security Deposit. Under Wisconsin Revised Statutes section 704.28, the Landlord may withhold from the full amount of the security deposit only amounts reasonably necessary to pay for any of the following:

(i) Tenant(s) damage, waste, or neglect of the Premises.

(ii) Unpaid rent for which the Tenant(s) is legally responsible.

(iii) Payment that the Tenant(s) owes under the agreement for utility service provided by the Landlord but not included in the rent.

(iv) Any other duty imposed on the Tenant(s) under section 704.28 of the Wisconsin Revised Statutes.

Return of Security Deposit

Under Wisconsin Revised Statutes section 704.28, the Landlord shall deliver or mail to the Page 3 of 14

Tenant(s) the full amount of any Security Deposit within 21 days after any of the following situations:

(i) If the Tenant(s) vacates the Premises on the termination date of this Lease Agreement, the date on which it terminates.

(ii) If the Tenant(s) vacates the Premises or is evicted before the termination date of this Lease Agreement, the date on which it terminates or, if the Landlord rerents the Premises before the Lease Agreement terminates, the date on which the new Tenant's tenancy begins.

(iii) If the Tenant(s) vacates the Premises or is evicted after the termination date of the Lease Agreement, the date on which the Landlord learns that the Tenant(s) has vacated the Premises or has been removed from them as a result of not paying due rent. The Landlord may deduct from the Security Deposit any amounts for the reasons stated under the Security Deposit provision of this Lease Agreement. The Landlord shall furnish the Tenant(s) an itemized statement indicating the amount of any Security Deposit received, along with all supporting documentation for any deductions made, if any, within 21 days after the Tenant(s) vacates the property, as required by law. Requirements before accepting Security Deposits in Wisconsin Under the Wisconsin Administrative Code section 134.04, the landlord is required to provide notice to potential tenants about the following situations:

(i) Any known code violation that affects the dwelling unit or the common areas that threaten the tenant's health.

(ii) Any condition affecting the habitability of the dwelling unit such as a lack of proper heating, structural problems, or unsafe electrical, sewage, or plumbing systems.

(iii) Any utilities included in the rent payment and a charge breakdown for shared meters.

(iv) Notification of the tenant's right to inspect the dwelling for existing damages or request in writing the list of damages charged to the previous tenant. This can be requested within 7 days of the start of the tenancy and should be produced within 30 days of such request. In the alternative, the potential tenant may request it within 7 days of notifying the previous tenant of the deductions made to the previous tenant. 6. LATE PAYMENT CHARGES

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If the Tenant(s) fails to make any payment of Rent to the Landlord on or before 10 business days after the date such payment is due, the Tenant(s) will pay the Landlord an additional late charge in the amount of $$25.00.

The Parties agree that the late charge is reasonable based on damages to the Landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment. The Landlord's acceptance of a late charge does not waive the Landlord's right to exercise remedies under the Default provision of this Lease Agreement.

Under § ATCP 134.09 (8), the Landlord shall apply all rent prepayments received from the Tenant(s) to offset the amount of rent owed by the Tenant(s) before charging a late rent fee or late rent penalty to a tenant. The Landlord may not charge the Tenant(s) a fee or penalty for nonpayment of a late rent fee or late rent penalty. 7. OCCUPANTS

During the term of this Lease Agreement, the only individuals permitted to reside on the Property are the following:

Kelly Smith homeowner

The Tenant(s) may not allow any guest to stay on the Property longer than consecutive days or days in a calendar year. The Tenant(s)'s guests shall not be considered original occupants of the Property under any circumstances. The amount of time the Tenant(s)'s guests may stay on the Property may never be longer than the time permitted by any owners' association rule or restrictive covenant or consecutive days or days in a calendar year, without Landlord's written permission, whichever is less.

8. PARKING

The Tenant(s) shall have the right to use the parking space(s) for their motor vehicle(s). The Page 5 of 14

Tenant(s) shall only use the designated parking space(s). The parking spaces provided are the following: Garage or driveway.

The parking space(s) shall be used by licensed and operable motor vehicles, except for trailers, boats, campers, buses, or trucks (other than pick-up trucks). Parking space(s) shall be kept clean as much as possible. All vehicles leaking oil, gas, or other motor vehicle fluids shall not park on the Property. Mechanical work or storage of inoperable vehicles is not permitted in parking space(s) or elsewhere on the Property.

9. PETS / STRAYS

No animal or pet shall be kept, permanently or temporarily, on or about the Property, even temporarily or with a visiting guest. As provided by law, a Service Animal(s) is not considered a pet, and every individual with a disability shall have a right to have a Service Animal(s) on the Property.

Any animal discovered on or around the Property will be considered a stray. Strays shall not be kept or fed in or about the Property. All strays will be reported to the proper authorities and removed at the Tenant(s)'s expense.

10. MAINTENANCE

The Landlord will have the responsibility to maintain the Property in good condition at all times and perform all repairs reasonably necessary to meet the implied warranty of habitability of the Property, that is, that the Property is in a safe and livable condition. 11. REPAIRS

All requests for repairs must be in writing and delivered to the Landlord. The Tenant(s) may call the Landlord only in the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant. The Tenant(s) may not repair or cause to be repaired any condition, regardless of the cause, without the Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item and the selection of contractors, will be at the Landlord's sole discretion.

Page 6 of 14

In an emergency, the Tenant(s) may make any repairs or replacements without prior written consent from the Landlord and at his expense. However, if such repairs or replacements are unsatisfactory and cause additional damages, the Tenant(s) shall reimburse the Landlord for the cost of making such repairs.

The Landlord shall have a duty to do all of the following:

(i) Keep in a reasonable state of repair portions of the Premises over which the Landlord maintains control.

(ii) Keep in a reasonable state of repair all equipment under the Landlord's control necessary to supply services that the Landlord has expressly or impliedly agreed to furnish to the Tenant(s).

(iii) Make all necessary structural repairs.

12. UTILITIES AND SERVICES

The Tenant(s) shall pay for all utilities, services, and charges provided to the Property, including any and all deposits required.

Notwithstanding the aforementioned, the Landlord agrees to be responsible for the following utilities and services in connection with the Property:

- Water

- Garbage

- Internet

- Cable

13. HAZARDOUS MATERIALS

The Tenant(s) shall not keep or have on the Property any article or item of a dangerous, flammable, or explosive material that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.

Page 7 of 14

14. DISPOSITION OF PERSONALTY LEFT BY THE TENANT(S) Under Wisconsin Revised Statutes section 704.05(5), if the Tenant(s) removes from or is evicted from the Premises and leaves personal property, the Landlord may presume, in the absence of a written agreement between the parties to the contrary, that the Tenant(s) has abandoned the personal property and may, subject to applicable law, dispose of such property in any manner that the Landlord, in its sole discretion, determines is appropriate. If the Landlord disposes of the property by private or public sale, the Landlord may send the proceeds of the sale minus any costs of sale and any storage charges if the Landlord has first stored the personalty to the department of administration for deposit in the appropriation under Wisconsin Revises Statutes section 20.505 (7) (h). If the personal property that the Tenant(s) leaves behind is prescription medication or prescription medical equipment, the Landlord shall hold the property for 7 days from the date on which the Landlord discovers the property. After that time, the Landlord may dispose of the property in the manner that the Landlord determines is appropriate, but shall promptly return the property to the Tenant(s) if the Landlord receives a request for its return before the Landlord disposes of it.

Notice by the Landlord required if the property is a manufactured home, mobile home, or a vehicle.

The Landlord's power to dispose of the Tenant(s)'s property as provided hereto applies to any property left on the Premises by the Tenant(s), whether owned by the Tenant(s) or by others. 15. POSSESSION OF THE TENANT(S) AND ACCESS BY THE LANDLORD The Tenant(s) has the right to exclusive possession of the Premises until the expiration date specified in this Lease Agreement, so long as the Tenant(s) is not in default, except as otherwise provided in this provision.

Under Wisconsin Revised Statutes, section 704.05(2), the Landlord may upon advance notice and at reasonable times inspect the Premises, make repairs and show them to prospective tenants or purchasers; and if the Tenant(s) is absent from the Premises and the Landlord reasonably believes that entry is necessary to preserve or protect the Premises, the Landlord Page 8 of 14

may enter without notice and with such force as appears necessary. Except in case of emergency, the Landlord will give the Tenant(s) reasonable notice of intent to enter. For these purposes, a twenty-four (24) hour notice will be deemed reasonable. 16. LANDLORD INDEMNITY

Unless an event giving rise to liability is caused by the Landlord, the Landlord shall not be responsible for any damage, injuries, or losses to the person or property of the Tenant(s), the Tenant(s)'s family, guests, invitees, or agents, caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants such as carbon monoxide, asbestos, radon, lead-based paint, mold, fungus, etc., or other occurrences or casualty losses. The Tenant(s) hereby explicitly agrees to indemnify, defend and hold the Landlord harmless from any and all claims or assertions arising from every kind and nature of event mentioned above.

Unless prohibited by law, the Tenant(s) shall promptly reimburse the Landlord for any damages, injuries, or losses to person or property caused by the Tenant(s) or the Tenant(s)'s guests, any pets or assistance animals, including the cost of repairs or service to the Property. 17. ASSIGNMENT/SUBLETTING

The Tenant(s) shall not, without the prior written consent of Landlord, which may be withheld at the Landlord's sole discretion, voluntarily or involuntarily assign, this Lease Agreement or any interest herein or sublet the Property or any part thereof. The Tenant(s) is specifically prohibited from offering all or part of the Property for short-term rentals such as through Airbnb, VRBO, or other such sites or programs. Any advertising or online postings, as well as actual rentals of the Property to vacation or short-term guests, shall constitute a material breach of this Lease Agreement. Any person who is not the Tenant(s) who occupies any portion of the Property, for any period of time whatsoever, for any compensation or consideration whatsoever (including, without limitation, the payment of money and/or trade and/or barter of other goods, services, or property occupancy rights) is NOT a guest, and such occupancy constitutes unauthorized Page 9 of 14

subletting or assignment which is a substantial and material breach of this Lease Agreement. 18. TENANT PROTECTION FROM DOMESTIC ABUSE AND EARLY TERMINATION OF TENANCY FOR IMMINENT THREAT

Please take notice that under Wisconsin Statutes section 106.50 (5m) (dm), the tenant has a defense to an action for eviction brought by the Landlord if the tenant proves by a preponderance of the evidence that the landlord knew or should have known any of the following:

(i) That the tenant is a victim of domestic abuse, sexual assault, or stalking and that the basis for the action for eviction is conduct that related to the commission of domestic abuse, sexual assault, or stalking by a person who was not the guest of the tenant.

(ii) That the tenant is a victim of domestic abuse, sexual assault, or stalking, that the basis for the action for eviction is conduct that related to the commission of domestic abuse, sexual assault, or stalking by a person who was the guest of the tenant, and that the tenant has done one of the following:

a. Sought an injunction enjoining the person from appearing on the premises. b. Upon being notified in accordance with the law provided a written statement to the landlord indicating that the person will no longer be a guest of the tenant and has not subsequently invited the person to be a guest of the tenant.

Please also take notice that under Wisconsin Statutes section 704.16(1)(a) and (b)1., a residential tenant may terminate his or her tenancy and remove from the premises if:

(i) The tenant or a child of the tenant faces an imminent threat of serious physical harm from another person if the tenant remains on the premises.

(ii) The tenant provides the landlord with notice in the manner provided under section 704.21 with a certified copy of an injunction order.

19. NOTICES

Notice under this Lease Agreement will be given in accordance with the applicable statute. All Page 10 of 14

other notices shall be deemed sufficient if made as follows: 1) All notices to the Landlord shall be directed by personal delivery or first-class mail to the Landlord at the appropriate address set forth below, until the Tenant(s) is notified, in writing, to the contrary.

2) All notices to the Tenant(s) shall be directed by personal delivery or first-class mail to the Tenant(s) at the Leased Property or any forwarding address provided in writing by the Tenant(s) to the Landlord.

Landlord:

Kelly Smith

54601

Tenant(s):

4341 Cliffside Drive, La crosse, Wisconsin 54601

Such addresses may be changed from time to time by any party by providing notice as set forth above.

20. GOVERNING LAW

This Lease Agreement shall be governed, construed, and interpreted by the Laws of the State of Wisconsin.

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Receipt

Initials

Tenant Landlord

Security Deposit: $$100,100.00

Total Charges Received: $0

IN WITNESS WHEREOF, the Landlord and the Tenant(s) have executed this Lease Agreement in the manner prescribed by law as of the Effective Date. Tenant:

By: Date:

Page 12 of 14

Wisconsin Lease Agreement

Inspection Checklist

Address: 4341 Cliffside Drive, La crosse, Wisconsin 54601 The Tenant(s) has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below: SATISFACTORY COMMENTS

Bathrooms

Carpeting

Ceilings

Closets

Countertops

Dishwasher

Disposal

Doors

Fireplace

Lights

Locks

Refrigerator

Screens

Stove

Walls

Windows

Window coverings

Date

Page 13 of 14

Tenant:

By: Date:

Acknowledged by Landlord:

By: Date: Kelly Smith

Page 14 of 14

Residential Lease Agreement: Instructions

You’ve completed and personalized this Residential Lease Agreement contract form. Now that it’s fully customized there are only a couple more short steps you need to take before it can be put into use.

To guarantee that your Resident Lease Agreement is legally valid in your state, follow these guidelines:

Residential Lease Agreement Pre-Signing Checklist

Signing the Agreement

Screening the tenants.

Proofreading the entire document to see if all the information is correct. To be fully legal the final contract must contain accurate details of the following: Printing and presenting the completed Residential Lease Agreement to the tenants to see if they agree with the terms.

When both parties are fully satisfied with the Residential Lease Agreement being offered, it is time to sign the document so that it becomes legally effective and the rental period can begin. To sign the document you will need to complete these actions:

• The name of the lessor and lessee

• The address of the landlord and the rental property

• The start date and the end date that the lease will operate between

• The amount of rent that must be paid, the dates that payments must be received by and how often the amount must be paid

• Any additional fees or services that must be paid by the tenant

• Clear terms on how the rental property can and cannot be used and what actions can or cannot be permitted by the tenant.

• A statement on who is responsible for property maintenance.

• Gather with the tenant(s) and any witnesses who will view the signing. Depending on the length of your agreement you may need the document to be notarized.

• Both you and tenant(s) must sign all copies of the original document.

• Once signed and valid, keep a copy of the agreement for your records.

• Distribute copies to all of the tenants who have signed. Before you sign the agreement, it is important to make sure that a number of essential elements are right for you and the tenant. These elements include the following: 1 / 2

Residential Lease Agreement: Instructions

Post-Signing Checklist for a Residential Lease Agreement Once the agreement has been fully formalized and signed you should then complete these following actions:

* Most municipalities and local counties have their own specific regulations on the collection of security deposits. If you are unsure what these laws require, please contact your local tenancy board for more information and helpful resources.

If you follow these steps successfully your lease agreement will be fully effective and legally binding. From then both you and your tenant will be able to enjoy the benefits of your agreement going forward.

• Create an inventory report and inspect the property with the tenant. The report should also be signed by both parties and kept for your records.

• Review the regulations of your local area* and collect any security deposits required from the tenant.

• If the property was built before 1978 landlords must sign and get tenants to sign a Disclosure of Lead-Based Paint form. The landlord must keep this document on record for at least 3 years.

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