Lease Agreement Sample01

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 5

Residential Lease Agreement

THIS AGREEMENT (hereinafter referred to as the "Lease Agreement") is made and entered into
this ____ day of _______________, 20____, by and between __________________________________
(hereinafter referred to as "Landlord") and ________________________________________ (hereinafter
referred to as "Tenant."

For and in consideration of the covenants and obligations contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree
as follows:

1. PROPERTY. Landlord owns certain real property and improvements located at


________________________ (hereinafter referred to as the "Property"). Landlord desires to lease the
Premises to Tenant upon the terms and conditions contained herein. Tenant desires to lease the Premises
from Landlord on the terms and conditions as contained herein.

2. TERM. This Lease Agreement shall commence on ________________________ and shall continue
as a lease for term. The termination date shall be on ___________________ at 11:59 PM. Upon termination
date, Tenant shall be required to vacate the Premises unless one of the following circumstances occur:
i. Landlord and Tenant formally extend this Lease Agreement in writing or create and execute a new,
written, and signed Lease Agreement; or
ii. Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent.

In the event that Landlord accepts new rent from Tenant after the termination date, a month-to month
tenancy shall be created. If at any time either party desires to terminate the month-to month tenancy, such
party may do so by providing to the other party written notice of intention to terminate at least 30 days prior
to the desired date of termination of the month-to-month tenancy. Notices to terminate may be given on any
calendar day, irrespective of Commencement Date. Rent shall continue at the rate specified in this Lease
Agreement, or as allowed by law. All other terms and conditions as outlined in this Lease Agreement shall
remain in full force and effect. Time is of the essence for providing notice of termination (strict compliance
with dates by which notice must be provided is required).

3. RENT. Tenant shall pay to Landlord the sum of $______________ per month as Rent for the Term
of the Agreement. Due date for Rent payment shall be the _______ day of each calendar month and shall be
considered advance payment for that month. Weekends and holidays do not delay or excuse Tenant’s
obligation to timely pay rent.

A. Delinquent Rent. If not paid on the _______________ Rent shall be considered overdue and
delinquent

B. Returned Checks. In the event that any payment by Tenant is returned for insufficient funds ("NSF")
or if Tenant stops payment, Tenant will pay $_________ to Landlord for each such check, plus late
charges, as described above, until Landlord has received payment. Furthermore, Landlord may
require in writing that Tenant pay all future Rent payments by cash, money order, or cashier's check.

C. Order in which funds are applied. Landlord will apply all funds received from Tenant first to any
non-rent obligations of Tenant including late charges, returned check charges, charge-backs for
repairs, brokerage fees, and periodic utilities, then to rent, regardless of any notations on a check.

1
D. Rent Increases. There will be no rent increases through the Termination Date. If this lease is renewed
automatically on a month to month basis, Landlord may increase the rent during the renewal period
by providing written notice to Tenant that becomes effective the month following the ___ day after
the notice is provided.

4. SECURITY DEPOSIT. Upon execution of this Lease Agreement, Tenant shall deposit with
Landlord the sum of $_______________ (which amount is not in excess of two months periodic rent) receipt
of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the
term hereof. Landlord may place the security deposit in an interest bearing account and any interest earned
will be paid to Landlord or Landlord’s representative.

A. REFUND. Upon termination of the tenancy, all funds held by the landlord as security deposit
may be applied to the payment of accrued rent and the amount of damages that the landlord has
suffered by reason of the tenant's noncompliance with the terms of this Lease Agreement or with any
and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental
authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

B. DEDUCTIONS. Landlord may deduct reasonable charges from the security deposit for:
(1.) Unpaid or accelerated rent;
(2.) Late charges;
(3.) Unpaid utilities;
(4.) Costs of cleaning, deodorizing, and repairing the Property and its contents for
which Tenant is responsible;
(5.) Pet violation charges;
(6.) Replacing unreturned keys, garage door openers, or other security devices;
(7.) The removal of unauthorized locks or fixtures installed by Tenant;
(8.) Insufficient light bulbs;
(9.) Packing, removing, and storing abandoned property;
(10.) Removing abandoned or illegally parked vehicles
(11.) Costs of reletting, if Tenant is in default;
(12.) Attorney fees and costs of court incurred in any proceeding against Tenant;
(13.) Any fee due for early of removal of an authorized keybox;
(14.) Other items Tenant is responsible to pay under this Lease.
If deductions exceed the security deposit, Tenant will pay to Landlord the excess within
ten
days after Landlord makes written demand. The security deposit will be applied first to
any
non-rent items, including late charges, returned check charges, repairs, brokerage fees,
and
periodic utilities, then to any unpaid rent.

5. USE OF PREMISES. The Premises shall be used and occupied solely by Tenant and Tenant's
immediate family, consisting of _____________________________________________, exclusively, as a
private single family dwelling, and no part of the Premises shall be used at any time during the term of this
Lease Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or
for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other
than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or occupy
the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any
and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities
affecting the cleanliness, use, occupancy and preservation of the Premises.

2
6. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has
examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean
and tenantable condition.

7. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Lease Agreement, or sublet or
grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A
consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any
subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written
consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and
shall, at Landlord's option, terminate this Lease Agreement.

8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or


improvements on the Premises or construct any building or make any other improvements on the Premises
without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built,
constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement
between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the
expiration or earlier termination of this Lease Agreement.

9. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the


Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents,
then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession
is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is
tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided
from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or
its agents, then this Lease Agreement and all rights hereunder shall terminate.

10. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous,
flammable or explosive character that might unreasonably increase the danger of fire or explosion on the
Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

11. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required
on the Premises.

12. MAINTENANCE, REPAIR, AND RULES. Tenant will, at its sole expense, keep and maintain the
Premises and appurtenances in good and sanitary condition and repair during the term of this Lease
Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall:
A. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be
used for the purposes of ingress and egress only;
B. Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and
repair;
C. Not obstruct or cover the windows or doors;Not leave windows or doors in an open position
during any inclement weather;
D. Not hang any laundry, clothing, sheets, etc., from any window, rail, porch or balcony nor air or
dry any of same within any yard area or space;
E. Not cause or permit any locks or hooks to be placed upon any door or window without the prior
written consent of Landlord;
F. Keep all air conditioning filters clean and free from dirt;
G. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and
repair and shall use same only for the purposes for which they were constructed.
H. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown
or deposited therein. Any damage to any such apparatus and the cost of clearing stopped
plumbing resulting from misuse shall be borne by Tenant;

3
I. Tenant's family and guests shall at all times maintain order in the Premises and at all places on
the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb
other residents; Keep all radios, television sets, stereos, phonographs, etc., turned down to a level
of sound that does not annoy or interfere with other residents;
J. Deposit all trash, garbage, rubbish or refuse in the locations provided and shall not allow any
trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any
building or within the common elements;
K. Abide by and be bound by any and all rules and regulations affecting the Premises or the
common area appurtenant thereto which may be adopted or promulgated by the Condominium or
Homeowners' Association having control over them.

13. ANIMALS. THERE WILL BE NO ANIMALS, unless authorized by a separate written Pet
Addendum to this Residential Lease Agreement. Tenant shall not permit any animal, including mammals,
reptiles, birds, fish, rodents, or insects on the property, even temporarily, unless otherwise agreed by a
separate written Pet Agreement. If tenant violates the pet restrictions of this Lease, Tenant will pay to
Landlord a fee of $_____________ per day per animal for each day Tenant violates the animal restrictions as
additional rent for any unauthorized animal. Landlord may remove or cause to be removed any unauthorized
animal and deliver it to appropriate local authorities by providing at least 24-hour written notice to Tenant of
Landlord’s intention to remove the unauthorized animal. Landlord will not be liable for any harm, injury,
death, or sickness to any unauthorized animal. Tenant is responsible and liable for any damage or required
cleaning to the Property caused by any unauthorized animal and for all costs Landlord may incur in
removing or causing any unauthorized animal to be removed.

14. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being
payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's
observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said
Premises for the term hereof.

15. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant,
Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building
of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of
which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless
from any and all claims or assertions of every kind and nature.

16. DEFAULT. If Landlord breaches this Lease, Tenant may seek any relief provided by law. If Tenant
fails to comply with any of the material provisions of this Lease Agreement, other than the covenant to pay
rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or
materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery
of written notice by Landlord specifying the noncompliance and indicating the intention of Landlord to
terminate the Lease by reason thereof, Landlord may terminate this Lease Agreement. If Tenant fails to pay
rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option,
declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any
and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Lease
Agreement.

17. ABANDONMENT. If at any time during the term of this Lease Agreement Tenant abandons the
Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the
manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind
whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof,
for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and
collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any
difference between the rent that would have been payable under this Lease Agreement during the balance of
the unexpired term, if this Lease Agreement had continued in force, and the net rent for such period realized
4
by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of
the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on
the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property
in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.

18. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce
any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the
Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee.

19. RECORDING OF LEASE AGREEMENT. Tenant shall not record this Lease Agreement on the
Public Records of any public office. In the event that Tenant shall record this Lease Agreement, this Lease
Agreement shall, at Landlord's option, terminate immediately and Landlord shall be entitled to all rights and
remedies that it has at law or in equity.

20. GOVERNING LAW. This Lease Agreement shall be governed, construed and interpreted by,
through and under the Laws of the State of ________________.

21. SEVERABILITY. If any provision of this Lease Agreement or the application thereof shall, for any
reason and to any extent, be invalid or unenforceable, neither the remainder of this Lease 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.

22. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding
on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.

23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of
reference only and they are not intended to have any effect whatsoever in determining the rights or
obligations of the Landlord or Tenant.

24. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or
both, singular and plural.

25. NON-WAIVER. No delay, indulgence, waiver, non-enforcement, election or non-election by


Landlord under this Lease Agreement will be deemed to be a waiver of any other breach by Tenant, nor shall
it affect Tenant's duties, obligations, and liabilities hereunder.

26. MODIFICATION. The parties hereby agree that this document contains the entire agreement
between the parties and this Lease Agreement shall not be modified, changed, altered or amended in any way
except through a written amendment signed by all of the parties hereto.

27. NOTICE. Any notice required or permitted under this Lease or under state law shall be delivered
to Tenant at the Property address, and to Landlord at the following address:
_______________________________________________________________________

28. LEAD-BASED PAINT DISCLOSURE. If the premises were constructed prior to 1978, Tenant
acknowledges receipt of the form entitled “LEAD-BASED PAINT DISCLOSURE” which contains
disclosure of information on lead-based paint and/or lead-based paint hazards
.
As to Landlord this ______ day of ________________________, 20_____.

You might also like