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Residential Lease
Agreement
THIS 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".
- Landlord leases to Tenant and Tenant leases from
Landlord, upon the terms and conditions contained herein, the dwelling
located at _____________________________________________ for the period
commencing on the _____ day of __________,20 ___, and thereafter until
the _____ day of _____________, 20 ___, at which time this Lease
Agreement shall automatically renew each year unless terminated in
writing. The Tenant is required to give the Landlord in writing a
notice 1 month (30 days) in advance of his/her moving. Notice must be
given on the first day of a month. If notice is given after the first
day of the month, the 1 month (30 day) notice will not start until the
following month. (The notice must be one full calendar month starting
on the first day of a month.) Rent may be increased at any time
after first year and the securite deposit can not be used for
rent.
- Tenant shall pay as rent the sum of $ ____________ per
month, due and payable monthly, in advance, no later than 5:00 p.m. by
the forth day of every month. Tenant further agrees to pay a late charge
of $___________ for each day rent is not received after the forth of the
month to the Landlord regardless of the cause, including dishonored
checks, time being of the essence. An additional Service Charge of
$_____________ will be paid to Landlord for all dishonored
checks.
- As an incentive to Tenant to make rent payments
before the first of the month and for
being responsible for all minor maintenance of the premises, a
pre-payment discount in the amount of $_________ may be deducted
from the above rental amount each month. Said discount will be
forfeited if Tenant fails to perform as stated above.
- Tenant agrees to use said dwelling as living quarters
only for ________ adults and ________children, namely:
____________________________________________ and to pay $50.00 each month for each other person who shall
occupy the premises in any capacity.
- Tenant agrees to accept the property in its current
condition and to return it in "moving-in clean" condition, or to pay a
special cleaning charge of $185.00 upon vacating the premises. The
carpets are to be professionally cleaned. If you prefer that we have the
carpets cleaned for you the charge will be billed to you. Carpet
cleaning cost are in addition to cleaning charge.
- PETS ARE NOT ALLOWED WITHOUT WRITTEN PERMISSION FROM
LANDLORD. As additional rent, Tenant agrees to pay a non-refundable pet
fee of $10.00 per month for each pet. All pets on the property not
registered under this Lease shall be presumed to be strays and will be
disposed of by the appropriate agency as prescribed by law. A Pet
Agreement, if applicable, is attached hereto as Exhibit "B", and
incorporated herein by reference. PET NAMES AND DESCRIPTION:
________________________________________
- Tenant agrees not to assign this Lease, nor to sublet
any portion of the property, nor to allow any other person to live
therein other than as named in paragraph 4 above without first obtaining
written permission from Landlord and paying the appropriate surcharge.
Further, it is agreed that covenants contained in this Lease, once
breached, cannot afterward be performed, and that unlawful detainer
proceedings may be commenced at once, without notice to Tenant.
- Should any provision of this Lease be found to be
invalid or unenforceable, the remainder of the Lease shall not be
affected thereby and each term and provision herein shall be valid and
enforceable to the fullest extent permitted by law.
- All rights given to Landlord by this Lease shall be
cumulative to any other laws which might exist or come into being. Any
exercise or failure to exercise by Landlord of any right shall not act
as a waiver of any other rights. No statement or promise of Landlord or
his agent as to tenancy, repairs, alterations, or other terms and
conditions shall be binding unless reduced to writing and signed by
Landlord.
- Tenant will be responsible for payment of all
utilities, garbage, water and sewer charges, telephone, gas, association
fees or other bills incurred during the term of this Lease. Tenant
specifically authorizes Landlord to deduct amounts of any unpaid bills
from the Security deposit upon termination of this Agreement.
- No rights of storage are given by this Agreement.
Landlord shall not be liable for any loss of Tenant's property by fire,
theft, breakage, burglary, or otherwise, nor for any accidental damage
to persons or property in or about the leased premises resulting from
electrical failure, water, rain, windstorm, etc., which may cause issue
or flow into or from any part of said premises or improvements,
including pipes, gas lines, sprinklers, or electrical connections,
whether caused by the negligence of Landlord, Landlord's employees,
contractors, agents, or by any other cause whatsoever. Tenant hereby
agrees to make no claim for any such damages or loss against Landlord.
Tenant shall purchase renter's insurance.
_______________________________________ is to be named as
additional Insured
IMPROVEMENTS TO
PROPERTY - Any improvements to the property made by tenant inside or
outside must not be removed without written permission from the
property manger. This includes landscaping, scrubs, flowers,
walkways, out buildings such as storage sheds and play-houses, etc. Any
interior improvements the tenant may have made to the property must also
remain. Improvements such as but not limited to the following are
installation of ceiling fans, book shelves, shelving, light fixtures,
etc.
- Any removal of Landlord's property without express
written permission from the Landlord shall constitute abandonment and
surrender of the premises and termination by the resident of this
Agreement. Landlord may take immediate possession, exclude Tenant from
property and store all Tenant's possessions at Tenant's expense pending
reimbursement in full for Landlord's loss and damages.
- Landlord has the right of emergency access to the
leased premises at any time and access during reasonable hours to
inspect the property or to show property to a prospective tenant or
buyer. In the event that the property is sold, the lease/rental
agreement between Landlord and Tenant is canceled on the date the new
owner takes possession of property. Tenant has thirty days to vacate the
property or sign new lease with new owner at new owner's option.
- Tenant agrees to pay a Security Deposit of $
____________ to bind Tenant's pledge of full compliance with the terms
of this agreement. NOTE: SECURITY DEPOSIT MAY NOT BE USED TO PAY RENT!
Any damages not previously reported as required in paragraph 25, will be
repaired at Tenant's expense.
- Release of the SECURITY DEPOSIT, at the Option of the
Landlord is subject to the provisions below .
A. The full term of the Agreement has been completed.
B. No damage to the premises, buildings, grounds is
evident. C. The entire dwelling, appliances,
closets, and cupboards are clean and free from insects, the refrigerator
is defrosted and clean, The range is to be clean including the racks and
broiler pan, all windows are to be clean inside and outside, all debris
and rubbish have been removed from the property, carpets have been
commercially cleaned and left clean and odorless. D. All unpaid charges have been paid including late charges,
visitor charges, pet charges, delinquent rents, etc. WATER BILL MUST BE
PAID IN FULL AND COPY OF PAID FINAL BILL SENT TO LANDLORD.
E. All keys have been returned. F. A forwarding address for Tenant has been left with the
Landlord. Within thirty (30) days after termination of the occupancy,
the Landlord will mail the balance of the deposit to the address
provided by Tenant in the names of all signatories hereto; or at the
Option of the Landlord will impose a claim on the deposit and so notify
the Tenant. G. It is the tenant's
responsibility to call, make arrangements, and be at residence to let
meter readers in for final reading on gas, electric, and water. If
Landlord has to do this, there is a $50 charge for each utility.
- The acceptance by Landlord of partial payments of rent
due shall not, under any circumstances, constitute a waiver of Landlord,
nor affect any notice or legal proceeding in unlawful detainer
theretofore given or commenced under state law. Acceptance of partial
rent due or late payments does not create a custom nor constitute a
continuing waiver of the obligation to pay on time. No payment by the
tenant or receipt by the landlord of any amount of the monthly rent
herein stipulated shall be deemed to be other than on
account of the stipulated rent, nor shall any endorsement on
any check or any letter accompanying such payment of rent be deemed an
accord and satisfaction, but the landlord may accept such a partial
payment without prejudice to his rights to collect the balance of such
rent.
- If Tenant leaves said premises unoccupied for 15 days
while rent is due and unpaid, Landlord is granted the right hereunder to
take immediate possession thereof and to exclude Tenant therefrom;
removing all Tenant's property contained therein and placing it into
storage at Tenant's expense.
- Payment of rent may be made by check until the first
check is returned unpaid. Regardless of cause, no additional payments
may afterwards be made by check. Rent must then be made by cashier's
check, money order or certified check.
- Rent may be mailed through the United States Postal
Service at Tenant's risk. Any rents lost in the mail will be treated as
if unpaid until received by Landlord.
- Tenant agrees, without protest, to reimburse Landlord
for all actual and reasonable expenses incurred by way of Tenant's
violation of any term or provision of this lease, including, but not
limited to $10.00 for each Notice to Pay, Notice to Quit or other notice
mailed or delivered by Landlord to Tenant due to Tenant's non-payment of
rent, all court costs and attorney's fees and all costs of collection.
Both Landlord and Tenant waive trial by jury and agree to submit to the
personal jurisdiction and venue of a court of subject matter
jurisdiction located in __________ County, State of ___________. In such
event, no action shall be entertained by said court or any court of
competent jurisdiction if filed more than one year subsequent to the
date the cause(s) of action accrued.
- Tenant agrees to accept said dwelling and all of the
furnishings and appliances therein as being in good and satisfactory
condition unless a written statement of any objections is delivered to
Landlord within three (3) days after resident takes possession. Tenant
agrees that failure to file such statement shall be conclusive proof
that there were no defects in the property. Tenant agrees not to permit
any damage to the premises during the period of this agreement to
woodwork, floors, walls, furnishings, fixtures, appliances, windows,
screens, doors, lawns, landscaping, fences, plumbing, electrical, air
conditioning and heating, and mechanical systems. Tenant specifically
agrees that he will be responsible for, and agrees to pay for, any
damage done by rain, wind, or hail caused by leaving windows open;
overflow of water or stoppage of waste pipes, breakage of glass, damage
to screens, deterioration of lawns and landscaping whether caused by
drought, abuse or neglect. Tenant agrees not to park or store a
motorhome, recreational vehicle or trailer of any type on the
premises.
- Tenant's obligations are as follows:
A. Take affirmative action to insure that nothing is done which
might place Landlord in violation of applicable building, housing,
zoning, and health codes and regulations. B.
Keep the dwelling clean and sanitary, removing garbage and trash as it
accumulates, maintaining plumbing in good working order to prevent
stoppages and leakage of plumbing fixtures, faucets, pipes, etc.
C. Operate all electrical, plumbing, sanitary,
heating, ventilating, air conditioning, and other appliances in a
reasonable, safe manner. D. Assure that
property belonging to Landlord is safeguarded against damage,
destruction, loss, removal, or theft. E.
Conduct himself, his family, friends, guests, visitors in a manner which
will not disturb others. F. Allow the Landlord
or his agent access to the premises for the purpose of inspection,
repairs, or to show the property to someone else at reasonable hours,
and to specifically authorize unannounced access anytime rent is late,
or this Agreement is terminated or for pest control, maintenance
estimates, serving legal notices, or emergencies. G. Comply with all provisions of this Agreement, particularly
with respect to paying the rent on time and caring for the property.
Tenant warrants that he/she will meet the above conditions in every
respect, and acknowledges that failure to perform the obligations herein
stipulated will be considered grounds for termination of this Agreement
and loss of all deposits.
- No additional locks will be installed on any door
without written permission from the Landlord. Landlord is to be provided
duplicate keys for all locks so installed at Tenant's expense within 24
hours of installation of said locks.
- Tenant agrees to install and maintain a telephone, and
to furnish the Landlord the telephone number and/or any changes thereof
within three (3) days of its installation.
- In the event repairs are needed beyond the competence
of the Tenant, Tenant is urged to contact the Landlord. Tenant is
offered the discount as an incentive to make his own decisions on
repairs to the property and to allow Landlord to rent the property
without the need to employ professional management. Therefore, as much
as possible, Tenant should refrain from contacting the Landlord or his
agent except for emergencies, or for expensive repairs. Such involvement
by the Landlord or his agent will result in the loss of the discount
and/or deductible.
- Tenant warrants that any work or repairs performed by
him will be undertaken only if he is competent and qualified to perform
it. Tenant will be totally responsible for all activities to assure that
work is done in a safe manner which will meet all the applicable codes
and statutes. Tenant further warrants that he will be accountable for
any mishaps and/or accidents resulting from such work, and will hold the
Landlord free from harm, litigation, or claims of any other
person.
- Tenant is responsible for all plumbing repairs
including faucets, leaks, stopped up pipes, frozen pipes, water damage,
and bathroom caulking.
- Appliances or furniture in the unit at date of lease
per the attached Exhibit "A", are loaned, not leased to Tenant.
Maintenance of appliances or furniture is the responsibility of Tenant
who will keep them in good repair.
- Tenant is responsible for all glass, screen, and storm
door repairs.
- No money is to be deducted by Tenant from rent payment
for any reason without express written permission of Landlord.
- Regardless of assignment of responsibility, Tenant
agrees to be responsible for the first $75.00 of any repair or
maintenance required on the major systems of the property for the term
of the lease. This deductible applies per occurrence.
- Tenant accepts entirely the responsibility for
recharging air conditioner compressor and the cleaning of furnace or
replacement of furnace filters.
- Smoke Detectors have been installed and are in
operable condition in the following places.
__________________________________________________ Tenant initials
_________. From this time on you will be required to maintain the smoke
detectors. Any new batteries are your responsibility. If you have any
questions about the smoke detectors, you should call us promptly.
I/We , the undersigned, have personally checked
the smoke alarms in the unit which is provided and find it/them to be in
working order. I/We understand that the law requires me/us to maintain
the alarm/s and keep fresh batteries in the mechanism. Tenants failure
to do so absolves the Landlord, or agent from any responsibility for
losses due to my/our non-compliance with the law or malfunction of the
alarm. Tenant signature
______________________________________ Date ____________________
- NO WATER BEDS PERMITTED WITHOUT WRITTEN
PERMISSION.
- All parties agree that termination of this Agreement
prior to termination date will constitute breach of the tenancy and all
Security Deposits and one full month's rent shall be forfeited in favor
of Landlord as liquidated damages plus you will be charged the cost of
restoring the property to rental condition plus advertising and rent
loss incurred until the new resident moves in. Your liability for rent
loss is limited to thirty (30) days after restoration is
complete.
- Properties built before and during the late sixties
and early seventies may have had lead based products and asbestos
products used in them. These products were considered to be safe at the
time they were used, just as the building products used today are
considered safe for home construction. Only the test of time will show
which products are or are not safe to use. Having read the above, the
tenant signs the lease below with the full understanding that these
conditions may be present in this property. The tenant and all parties
associated with this property relieves the owner, property manager, and
any of his agents from any responsibilities for these conditions
regardless of when or how these conditions were caused.
You also acknowledge receiving the EPA Booklet "Protect Your
Family From Lead In Your Home" X
__________________________________________________________
_____________________ Tenant Signature
Date X
__________________________________________________________
_____________________ Tenant Signature
Date
- From time to time, owner may be represented by an
agent who will carry identification.
- In this Agreement the singular number where used will
also include the plural, the masculine gender will also include the
feminine, the term Landlord will include, Owner or Lessor; and the term
Tenant(s) will include Resident, Lessee or Renter.
- Unless specifically disallowed by law, should
litigation arise hereunder, service of process therefor may be obtained
through certified mail, return receipt requested; the parties hereto
waiving any and all rights they may have to object to the method by
which service was perfected.
- TENANT agrees to send all notices to Landlord or
Property Manager in writing by certified mail, return receipt
requested. This is the only form of notice permitted in a court
hearing as evidence of notice given.
- The Tenant was asked if he/she could speak,
read and understand English. He/she was told that signing below would
indicate that they understood what they were signing and that he/she did
speak and read English.
YOU SHOULD READ
AND UNDERSTAND THIS LEASE, IT IS A LEGAL AND BINDING CONTRACT.
Signing below means you have read the Lease,
are in full agreement with it and have received a copy of the
contract.
ACCEPTED THIS ____________ DAY OF
________________________19 _____,
at
_______________________________________________________.
(Address, City and State)
| _______________________________________________ Tenant
1 |
_______________________________________________
Tenant 3 |
_______________________________________________
Tenant 2 |
_______________________________________________
Landlord, Property manager or
Agent |
EXHIBIT "A"
The following appliances and/or furniture are on loan to
Tenant for the period of Tenant's rental agreement or lease on the
following basis: Tenant agrees, by the signing of this agreement, that all
appliances and/or furniture herein listed are accepted by Tenant,
individually, as being in good working order or condition. Tenant agrees
to maintain said appliances and/or furniture in good working order at his
expense. If tenant fails to pay rent by the fifth day of the month, the
landlord/manager or his representative may enter building and remove
appliances or furniture belonging to Landlord without giving tenant
advance notice.
APPLIANCES AND/OR FURNITURE
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Furniture
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Tenant:
______________________________________________________
Date:
______________________________________________________
EXHIBIT "B"
PET AGREEMENT
Date: _____________________________________________
(Addendum to Lease Agreement)
This agreement is attached to and forms a part of the
Lease Agreement dated ___________________________________ between
_______________________________, Landlord, and
______________________________________, Tenant(s).
Tenants desire to keep a pet named
______________________________________ and described as
_____________________ in the dwelling they occupy under the rental
agreement or lease referred to above, and because this agreement
specifically prohibits keeping pets without the Landlord's permission,
Tenants agree to the following terms and conditions in exchange for this
permission:
- Tenants agree to keep their pet under control at all
times.
- Tenants agree to keep their pet restrained, but not
tethered, when it is outside their dwelling.
- Tenants agree not to leave their pet unattended for
any unreasonable periods.
- Tenants agree to dispose of their pet's droppings
properly and quickly.
- Tenants agree to keep pet from causing any annoyance
or discomfort to others and will remedy immediately any complaints made
through the Landlord or his agent.
- Tenants agree to get rid of their pet's offspring
within eight weeks of birth.
- Tenants agree to pay immediately for any damage, loss,
or expense caused by their pet, and in addition, they will add $
______________ to their Security Deposit, any of which may be used for
cleaning, repairs, or delinquent rent when Tenants vacate.
- Tenants agree that Landlord reserves the right to
revoke permission to keep the pet should Tenants break this
agreement.
- Tenant agrees to pay an additional $ ____________ in
rent per month per pet.
_________________________________________________ TENANT
_________________________________________________
LANDLORD
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