Residential Lease Agreement - Template, Sample Form Pro · US-law
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RESIDENTIAL LEASE AGREEMENT
State of ________
This Residential Lease Agreement (hereinafter the “Lease”) is entered into and made effective as of the date set forth at the end of this document (the “Effective Date”), by and between the Lessor, ________, whose address is ________ (hereinafter the “Landlord”), and the Lessee, ________ (hereinafter the “Tenant”).
For purposes of convenience, the following party is also authorized to manage the Property and act on the Landlord’s behalf:
________ (the “Authorized Party”)
Such Authorized Party may be deemed to act in place of the Landlord for the purposes of this Lease, where required or permitted by law.
The Landlord and the Tenant may be collectively referred to as the “Parties.”
In consideration of the mutual obligations and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ 1. GRANT OF LEASE
The Landlord hereby leases unto the Tenant, and the Tenant hereby rents from the Landlord, the residential real property located at:
________
(hereinafter the “Property”). The Property is located in the County of ________. The Parties agree to lease the Property on the terms and conditions set forth herein.
§ 2. TERM OF LEASE
This Lease shall commence on ________ and shall continue until its natural termination on ________ at 11:59 P.M. (the “Term”). The Tenant must vacate the Property by the date of termination unless the Landlord and the Tenant mutually agree in writing to extend the tenancy, in which case the Parties shall execute a written extension of this Lease or a new lease agreement. At the expiration of this Lease, the Tenant shall provide the Landlord with a forwarding address for the receipt of any funds owed or other notices.
§ 3. SECURITY DEPOSIT
Upon execution of this Lease, the Tenant shall provide the Landlord the following amount, to be held as a security deposit for the reasonable cleaning or repair of damages to the Property upon the expiration or termination of this Lease, or in the event of default by the Tenant: $________ (________).
The security deposit will be held at the following financial institution (where required by applicable law):
________
The Tenant agrees to be liable to the Landlord at the expiration or termination of this Lease for all damage to the Property, except ordinary wear and tear. The Landlord may hold the security deposit in either a non-interest-bearing or interest-bearing account as permitted by applicable law; where the law requires the payment of interest to the Tenant, such interest shall be paid as required. The Tenant shall not be permitted to apply the security deposit toward any Rent. In the event of a sale or assignment of the Property by the Landlord, the security deposit shall be transferred to the successor owner or assignee in accordance with applicable law, and the Landlord shall thereafter be released from liability for its return. Deductions from the security deposit may be made for, among other things: unpaid Rent or utilities, late fees, cleaning, key replacement, removal of abandoned property, and attorneys’ fees and costs. The Landlord shall return the security deposit, or deliver an itemized written statement of deductions, within the period required by the applicable law of the State of ________, and in any event within ________ days after the termination of this Lease.
If the deductions exceed the security deposit, the Tenant agrees to pay the Landlord any overage within ten (10) days after receiving a written demand. The Landlord shall first apply the security deposit to non-Rent obligations, such as damages, utilities, or late fees, and thereafter to any unpaid Rent.
§ 4. NONREFUNDABLE FEES
To the extent permitted by applicable law, the Landlord requires certain nonrefundable fees, in addition to or as a portion of the security deposit, which the Tenant will not recover at the end of the Term. Such nonrefundable fees shall be for the following:
________
§ 5. RENT
The Tenant agrees to pay the Landlord the following amount per month as rent (“Rent”) during the Term: $________ (________). Rent shall be due on the first day of each month as advance payment for that month. The first full Rent payment shall be due on ________. No holiday, special event, or weekend shall excuse the Tenant’s obligation to pay timely Rent. The Landlord shall not raise the Rent during the Term.
(a) DELINQUENT RENT & GRACE PERIOD: If Rent is not paid by the first day of the month, the Landlord may apply a late charge, to the extent permitted by applicable law, of ________% (________ percent) of the monthly Rent.
(b) RETURNED CHECK: For any returned or dishonored check, the Landlord may charge the Tenant the cost of the returned-check fee, together with an additional reasonable fee and any applicable late charges, to the extent permitted by applicable law.
(c) PRORATED RENT: The Tenant may be required to pay prorated Rent for the period from the commencement of the Term to the first full month. Any prorated amount shall be paid, together with the security deposit, at the execution of this Lease.
(d) FORMS OF PAYMENT: The Landlord agrees to accept the following forms of payment for Rent:
________
(e) DELIVERY: Payment may be sent or delivered to the address noted below, or to any person or institution designated by the Landlord, whether by mail, electronic means, or otherwise. If payment is made electronically, the address below shall serve as the Tenant’s contact point for the Landlord:
________
The Landlord’s email address is: ________.
§ 6. USE OF PROPERTY
§ 7. CONDITION OF PROPERTY
The Tenant stipulates that the Tenant has examined the Property prior to signing this Lease or has knowingly waived such inspection, and that the Tenant has not relied on any representations by the Landlord regarding the condition of the Property. The Tenant takes the Property “as is,” with no representations beyond those contained herein or required by the applicable law of the State of ________, including no express or implied warranties beyond any statutory implied warranty of habitability. The Tenant agrees not to damage the Property and to be responsible for any damage caused by the Tenant or the Tenant’s invitees, licensees, or guests. Any such damage shall be paid together with the next month’s Rent; if unpaid, the Tenant shall be subject to charges identical to those for nonpayment of Rent. At the end of the Term, the Tenant shall return the Property in the same condition as when the Tenant took possession, normal wear and tear excepted.
§ 8. ALTERATIONS & IMPROVEMENTS
The Tenant shall not make any alteration, addition, improvement, or construction to the Property without first obtaining the Landlord’s written consent. Unless otherwise agreed in writing, any such alteration, addition, improvement, or construction shall become part of the Property and shall remain at the expiration of the Term. If the Landlord approves such work in writing and the Tenant intends to engage contractors, the contractors must first be approved in writing by the Landlord. The Tenant must also deposit funds sufficient to cover such work in an escrow account approved by the Landlord before commencement. The Landlord shall designate the times and manner of the work.
§ 9. ASSIGNMENT & SUBLETTING
The Tenant shall not assign or sublet this Lease, or grant any license to use the Property or any part thereof, without the Landlord’s prior written consent. Consent to one assignment, sublet, or license shall not be deemed consent to any subsequent request. Any assignment, sublet, or license without the Landlord’s prior written approval shall be null and void and may, at the Landlord’s option, terminate this Lease.
§ 10. POSSESSION / NON-DELIVERY OF PROPERTY
§ 11. HAZARDOUS MATERIALS
The Tenant agrees not to keep any hazardous item on the Property, whether flammable, explosive, or otherwise considered hazardous by any reputable insurance company.
§ 12. UTILITIES
The Tenant shall be responsible for arranging and paying for all utilities not managed by the Landlord, and for disconnecting such utilities upon returning the Property at the termination or expiration of this Lease. The Landlord shall be responsible for arranging and paying for the following utilities:
________
§ 13. MAINTENANCE & REPAIR
The Tenant agrees that any delay in maintenance or repair for reasons beyond the Landlord’s control shall have no effect on the Tenant’s obligations under this Lease.
§ 14. OBLIGATIONS OF TENANT
The Tenant acknowledges and agrees to the following obligations:
(a) Comply with all obligations imposed upon tenants by applicable building, housing, and health codes;
(b) Keep that part of the Property which the Tenant occupies and uses clean and sanitary;
(c) Remove all garbage from the dwelling unit in a clean and sanitary manner;
(d) Keep all plumbing fixtures in the dwelling unit, or used by the Tenant, clean, sanitary, and in repair;
(e) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators;
(f) Not destroy, deface, damage, impair, or remove any part of the Property or property therein belonging to the Landlord, nor permit any person to do so;
(g) Conduct himself or herself, and require other persons on the Property with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the Tenant’s neighbors or constitute a breach of the peace.
Any violation of this Section shall be considered a breach of this Lease.
§ 15. OBLIGATIONS OF LANDLORD
The Landlord’s obligations regarding the Property are as follows:
(a) To comply with all applicable building, housing, and health codes;
(b) Where there are no applicable building, housing, or health codes, to maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads, and to keep the plumbing in reasonable working condition;
(c) To manage the extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs; when vacation of the Property is required for such extermination, the Landlord shall not be liable for damages but shall abate the Rent;
(d) To provide adequate and safe locks and keys;
(e) To maintain the clean and safe condition of common areas;
(f) To manage garbage removal and provide outside receptacles therefor;
(g) To ensure functioning facilities for heat during winter, running water, and hot water.
The Landlord’s obligations under this Section shall be performed to the extent required by, and in accordance with, the applicable law of the State of ________.
§ 16. TENANT INSURANCE
The Landlord shall not be liable to the Tenant or to any of the Tenant’s invitees, licensees, or guests for any damage not proximately caused by the Landlord, and the Landlord shall not compensate the Tenant or any other person for damage proximately caused by any other source, including acts of God and nature. The Tenant is therefore advised and may be required to purchase renter’s insurance to protect the Tenant, the Tenant’s personal property, and any person on the Property.
§ 17. ACCESS BY LANDLORD
Access to the Property by the Landlord shall be undertaken as follows:
(a) The Tenant shall not unreasonably withhold consent to the Landlord to enter the dwelling unit from time to time in order to inspect the Property; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. The Landlord shall give the Tenant at least two (2) days’ notice before such entry.
(b) The Landlord may enter the dwelling unit at any time for the protection or preservation of the Property. The Landlord may enter for the purpose of repair upon reasonable notice and at a reasonable time. “Reasonable notice” for the purpose of repair means notice given at least twenty-four (24) hours prior to entry, and a “reasonable time” for the purpose of repair shall be between the hours of 7:30 A.M. and 8:00 P.M. The Landlord may enter the dwelling unit under any of the following circumstances:
(i) With the consent of the Tenant;
(ii) In case of emergency;
(iii) When the Tenant unreasonably withholds consent; or
(iv) If the Tenant is absent from the Property for a period equal to one-half the time for periodic rental payments. If the Rent is current and the Tenant has notified the Landlord of an intended absence, the Landlord may enter only with the Tenant’s consent or for the protection or preservation of the Property.
(c) The Landlord shall not abuse the right of access or use it to harass the Tenant. Any entry shall be conducted in a manner that minimizes inconvenience to the Tenant. Except in cases of emergency, abandonment, or when access is otherwise permitted under the applicable law of the State of ________, the Landlord shall not enter the Property without first providing the notice required herein.
§ 18. BREACH OR DEFAULT BY TENANT
If the Tenant or any of the Tenant’s invitees, licensees, or guests violates any term of this Lease, the Tenant shall be in breach. Breaches include, without limitation, failure to pay Rent, engaging in unlawful activity, damaging or destroying the Property or common areas, or violating any provision of this Lease. If the breach is curable, the Tenant shall have fourteen (14) days to cure after written notice from the Landlord. If the Tenant fails to cure, the Landlord may terminate this Lease and the Tenant must vacate within seven (7) days. Incurable breaches include, without limitation, material misrepresentation in the rental application or Lease, possession or use of illegal drugs in the dwelling or common areas, discharge of a firearm, or criminal assault of another tenant or guest. All notice and cure periods under this Section shall be applied consistent with the applicable law of the State of ________.
If the Tenant fails to pay timely Rent, the Landlord may serve a notice of termination demanding payment of the full Rent or surrender of the Property within seven (7) days. If the Tenant continues to fail to pay and does not surrender within seven (7) days, excluding weekends and legal holidays, the Landlord may terminate this Lease and commence eviction proceedings.
Any notice referenced above may be delivered by mailing or hand-delivering a copy to the Property, or by any other method permitted by applicable law.
§ 19. TERMINATION
The Tenant may not terminate this Lease prior to the date of termination set forth herein. If the Tenant vacates, abandons, or otherwise leaves the Property prior to the expiration of the Term, the Tenant shall remain responsible for all Rent due until the natural termination of this Lease, subject to the Landlord’s duty to mitigate damages as required by applicable law. The Landlord may terminate this Lease for any lawful reason by giving the Tenant thirty (30) days’ written notice, after which the Tenant shall not be responsible for any remaining Rent.
§ 20. NOTICE OF INJURIES
If the Tenant or any of the Tenant’s invitees, licensees, or guests are significantly injured, or any of the Tenant’s personal property is damaged on the Property or in any common area, the Tenant shall provide written notice to the Landlord at the address where Rent is sent, as soon as possible but no later than five (5) days after the injury or damage. Failure to provide such timely notice shall be considered a breach of this Lease.
§ 21. SUBORDINATION; RIGHT TO MORTGAGE
The Landlord reserves the right to mortgage or otherwise encumber the Property, and the Tenant agrees to accept the Property subject and subordinate to any such mortgage or lien. The Tenant agrees, upon request, to execute any commercially reasonable subordination, non-disturbance, and attornment instrument required in connection therewith.
§ 22. ABANDONMENT
If the Tenant is absent from the Property for seven (7) or more days during which Rent or other monies are owed, the Tenant shall be considered to have abandoned the Property and to be in breach of this Lease. The Property may also be deemed abandoned if electrical services are terminated for seven (7) consecutive days. This definition shall not impair the Landlord’s rights under this Lease or applicable law. In case of abandonment, the Landlord may re-enter and re-take the Property and terminate this Lease as permitted by the applicable law of the State of ________, and may dispose of any of the Tenant’s belongings in accordance with such law.
§ 23. NOTICE OF ABSENCE
If the Tenant plans to be absent from the Property for seven (7) or more consecutive days, or expects long, frequent, or customary absences, the Tenant must notify the Landlord in writing. Any such absence shall not relieve the Tenant of the obligation to pay timely Rent.
§ 24. NOTICE OF INTENT TO SURRENDER
Prior to the natural expiration of this Lease, the Tenant shall give the Landlord thirty (30) days’ written notice of the Tenant’s intention to surrender the Property at the end of the Term.
§ 25. TENANT’S HOLDOVER
If the Tenant fails to provide timely written notice of intent to surrender, or remains in possession after the end of the Term, a month-to-month tenancy will be created subject to all terms and conditions of this Lease, unless and until the Parties extend or renew the Lease for a specific term in writing. During any month-to-month tenancy, the Tenant must give thirty (30) days’ written notice of intent to surrender, and the Landlord may terminate the tenancy by serving written notice or by other means permitted under the applicable law of the State of ________. The Tenant shall vacate the Property upon the Landlord’s lawful demand.
§ 26. INDEMNIFICATION
Except to the extent caused by the Landlord’s negligence or willful misconduct, and except as otherwise prohibited by applicable law, the Tenant agrees to indemnify, defend, and hold the Landlord harmless from any and all claims, demands, damages, and liabilities of every kind and nature arising from the Tenant’s use or occupancy of the Property or the acts or omissions of the Tenant’s invitees, licensees, or guests.
§ 27. MATERIALITY OF REPRESENTATIONS ON APPLICATION
All representations made by the Tenant on any application for rental of the Property (or similar document) are understood by the Parties to be material to the grant of this Lease. Any failure to disclose, or any lack of truthfulness on such application, may be cause for the Landlord to deem the Tenant in breach of this Lease.
§ 28. MODIFICATION
No modification of this Lease shall be binding upon the Landlord unless in writing and signed by the Landlord. The invalidity or modification of any provision shall have no effect on any other provision, and the remainder of the Lease shall remain in full force and effect.
§ 29. RECORDING OF LEASE
The Tenant shall not record this Lease in the public records of any public office. If the Tenant records this Lease, this Lease shall, at the Landlord’s option, terminate immediately, and the Landlord shall be entitled to all rights and remedies available at law or in equity.
§ 30. REMEDIES
The rights and remedies contained in this Lease are not exclusive of any other rights and remedies allowed by the applicable law of the State of ________ and shall be deemed cumulative.
§ 31. SEVERABILITY
If any provision of this Lease is deemed invalid by court order, judgment, or other operation of law, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
§ 32. HEIRS AND ASSIGNS
The Tenant may not transfer or assign this Lease or any portion thereof to a third party. Notwithstanding the foregoing, all covenants of this Lease shall succeed to and be binding upon the heirs, executors, administrators, successors, and permitted assigns of the Parties.
§ 33. NO WAIVER
The Landlord’s failure to enforce strict performance of any provision of this Lease shall not be construed as a waiver of the Landlord’s right to enforce the same provision later, or to enforce any other provision.
§ 34. ATTORNEYS’ FEES
To the extent permitted by applicable law, the Tenant agrees to pay reasonable attorneys’ fees and expenses in the event the Landlord requires an attorney to collect Rent or other monies due, or otherwise to enforce the Tenant’s obligations under this Lease.
§ 35. DAMAGE OR DESTRUCTION
If the Property is damaged or destroyed, or otherwise rendered wholly uninhabitable, by any cause not attributable to the Tenant or the Tenant’s negligence (such as fire, earthquake, or storm), this Lease shall terminate as of the date of such destruction, and Rent shall be prorated to that date. If only a portion of the Property is rendered uninhabitable, the Landlord may elect either to repair such portion or to terminate this Lease. If the Landlord elects to repair, the Rent shall abate in proportion to the uninhabitable portion until repairs are completed, after which full Rent shall resume and this Lease shall continue according to its terms.
§ 36. EMINENT DOMAIN
Should the Property be taken by eminent domain, this Lease shall terminate, and the Rent shall be prorated as of the date of taking.
§ 37. GOVERNING LAW & VENUE
This Lease shall be governed by, construed, and interpreted in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ for the resolution of any dispute arising under this Lease.
§ 38. NOTICES
Notices given under this Lease or applicable law shall be in writing. Notices by the Tenant to the Landlord shall not be deemed complete until actually received by the Landlord and shall be sent or delivered to the address noted for payment of Rent. The Landlord, or the Landlord’s agents (including property managers and assistants), shall accept demands and service of process at the same address. Notices by the Landlord to the Tenant shall be deemed delivered when deposited in the mail addressed to the Property, hand-delivered, or placed in the Tenant’s mailbox at the Property, or when addressed to a last-known post office box address of the Tenant.
§ 39. LEAD-BASED PAINT DISCLOSURE
Pursuant to 42 U.S.C. § 4852d and 24 C.F.R. Part 35 / 40 C.F.R. Part 745, housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly, and is especially harmful to young children and pregnant women. For pre-1978 housing, the Landlord must disclose the presence of any known lead-based paint and/or lead-based paint hazards in the dwelling, provide any available records and reports, and deliver to the Tenant the federally approved pamphlet on lead poisoning prevention. The Tenant acknowledges receipt of the required disclosure and pamphlet as indicated below: ________.
§ 40. QUIET ENJOYMENT
So long as the Tenant pays timely Rent and performs the Tenant’s obligations under this Lease, the Landlord shall not interfere with the Tenant’s peaceful use and quiet enjoyment of the Property.
§ 41. LOCKS
The Tenant shall not alter, replace, or add any lock on the Property without the Landlord’s written consent. Any additional lock installed with the Landlord’s consent shall remain on the Property at the expiration of the Term and become part of the Landlord’s property.
§ 42. PETS
The pet policy for the Property is as follows:
________
§ 43. ADDITIONAL TERMS & CONDITIONS
In addition to the terms and conditions contained herein, the Landlord and the Tenant agree to the following:
________
§ 44. FAIR HOUSING
The Parties agree to comply with all applicable federal, state, and local fair housing and civil rights laws, including the federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.), and shall not discriminate against any person on the basis of race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status, disability, or any other protected characteristic under applicable law.
§ 45. ENTIRE AGREEMENT
This Lease, together with any attached addenda and disclosures, constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, and agreements, whether oral or written, with respect to its subject matter.
SIGNATURES
IN WITNESS WHEREOF, the Parties have executed this Lease as of the Effective Date set forth below.
EFFECTIVE DATE: ________
LANDLORD
Sign: ________________________________ Date: ________________________
Print: ________
TENANT
Sign: ________________________________ Date: ________________________
Print: ________
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