Crime Free Lease Agreement

Being members of any chapter of the international Crime Free Association does not mean that the participating community is free of crime. However in an effort to detect and deter criminal activity, this crime free addendum is a necessary and crucial element of the lease. Residents hereby agree to live crime free and insure that Resident's occupants, guests and invitees live crime free throughout the lease term on and off the property.

Resident understands that crime can and does occur in every segment of life as well as in every multi-family and single family communities; homeowners associations; hotel and motels; mini storages; mobile home parks; RV parks; and other neighborhoods, regardless of the location. No property can or should be considered totally safe and free from crime regardless of the measures taken to the contrary.

Hence, Landlord/Manager does not, and cannot, in any way warrant or guarantee Resident, Residents occupant's, Resident's guests nor Resident's invitees safety or security at, on, near or off the premises. Resident understands, that the physical safety of Resident, Resident's occupants, Resident's guests, and Resident's invitee's is Resident's responsibility and not the responsibility of the Landlord or Management.

Therefore as part of the consideration for the execution or renewal of a lease, Resident agrees as follows:

1. Resident, Resident's occupant's, and Resident's and occupant's guests and invitees shall not engage in any criminal activity, on or off the said premises and common area. Resident, and Resident's occupants agree to live a crime free lifestyle. Resident agrees to ensure that Resident's occupants live a crime free lifestyle and to ensure that while any guest of Resident, or any guest of Resident's occupants is on or in the premises, that such guest live a crime free lifestyle. Resident understands that Resident is responsible for the actions of Resident's occupants, and all guests whether or not the Resident knew about such criminal conduct.
    
2. Resident, Resident's occupants, and Resident's and occupant's guests and invitees shall not engage in any act that is intended to or that actually facilitates any crime activity, on or off of the premises and common ground.
    
3. Resident, Resident's occupants, and Resident's and occupant's guests and invitees shall not permit the dwelling unit to be used for any criminal activity whatsoever.
    
4. Resident, Resident's occupants, and Resident's and occupant's guests and invitees shall not engage in any act of violence or threat of violence, or any property damage, on or off of the dwelling unit premises.
    
5. VIOLATION OF THE ABOVE PROVISIONS IS A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. A single violation of any of the provisions of this addendum shall be deemed a serious, material and irreparable violation and noncompliance of the lease, regardless of whether or not Resident has any knowledge of the violation by an occupant, guest, or invitee and regardless of whether on or off the property. It is understood and agreed that a single violation shall be good cause for immediate termination of the lease. Proof of the violation shall not require criminal conviction, but shall require only a preponderance of the evidence. The parties waive a jury trial and specifically agree that any court action regarding a breach of this agreement shall be decided through a bench trial.
    
6. In case of a conflict between the provisions of this addendum and any other provisions of the lease, the provisions of the addendum shall govern. This agreement is incorporated into the bylaws of the association as part of the rules and regulations of the association.

South Dakota Crime Free Program 2003