Short-Term Lease Agreement - Template, Sample Form Pro · US-law

SHORT-TERM RESIDENTIAL LEASE AGREEMENT

State of ________

RECITALS.

A. This Short-Term Residential Lease Agreement (hereinafter the “Agreement”) is entered into and made effective as of the date set forth at the end of this document, by and between the following parties: ________ (hereinafter referred to as “Lessor”), having an address at the following:

________

and the following guest (hereinafter referred to as “Guest”): ________, residing at the following:

________

For purposes of convenience, the following party is also authorized to manage the Property and act on Lessor’s behalf:

________ (“Authorized Party”)

Such Authorized Party may be deemed to act in the place of Lessor for the purposes of this Agreement, where required or permitted by law.

B. Lessor and Guest may collectively be referred to as the “Parties.”

In consideration of the obligations and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties contract and agree as follows:

§ I. GRANT OF LEASE

1. Lessor hereby leases unto Guest, and Guest hereby rents from Lessor, the real property (hereinafter referred to as the “Property”) located at the following address:

________

2. The Property is located in the following county: ________.

3. The Property is furnished and includes the following:

________

4. The Parties contract with each other to lease the Property based on the terms and conditions contained herein.

§ II. TERM OF LEASE

5. This Agreement shall begin on ________ at ________ (hereinafter referred to as the “Check-In Date”) and end on ________ at ________ (hereinafter referred to as the “Check-Out Date”). The time period from the Check-In Date to the Check-Out Date shall hereinafter be referred to as the “Term.”

6. Guest must vacate the Property by the Check-Out Date, unless Lessor and Guest mutually agree in a signed writing to extend the Term of Guest’s rental of the Property.

§ III. RENTAL RATES & FEES

7. A security deposit (hereinafter the “Security Deposit”) in the following amount is required: $________ (________). The Security Deposit shall be due ________ days before the Check-In Date. Provided there are no necessary deductions due to damage to the Property or furnishings, excessive dirt or any other mess requiring extra cleaning, or any other cost incurred by Lessor as a result of Guest’s stay, the Security Deposit will be refunded within the following amount of time after the Check-Out Date: ________. If deductions are necessary, Lessor will provide Guest with an itemized written statement describing the charges and will return any remaining balance of the Security Deposit, if any. The Security Deposit shall be administered in accordance with applicable law of the State of ________.

8. Guest shall pay the following rental fee per night: $________ (________), plus all applicable lodging, occupancy, sales, and use taxes.

9. Rental fees will be due as follows:

________

10. Guest shall also be responsible for the following additional fees:

________

§ IV. CANCELLATION

11. The cancellation policy is as follows:

________

§ V. ACCESS

12. Under the terms of this Agreement, access to the Property by Lessor may be undertaken as follows:

a. Guest shall not unreasonably withhold consent to Lessor 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.

b. Lessor may enter the dwelling unit at any time for the protection or preservation of the Property. Lessor may enter the dwelling unit upon reasonable notice to Guest and at a reasonable time for the purpose of repair of the Property. “Reasonable notice” for the purpose of repair is 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. Lessor may enter the dwelling unit when necessary for the further purposes set forth above under any of the following circumstances:

-- With the consent of Guest;

-- In case of emergency;

-- When Guest unreasonably withholds consent.

c. Lessor shall not abuse the right of access nor use it to harass Guest.

§ VI. TERMINATION

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14. Guest may not terminate this Agreement prior to the Check-Out Date denoted herein. If Guest vacates, abandons, or otherwise leaves the Property prior to the agreed-upon Check-Out Date, Guest shall remain responsible for all payments due until the natural termination of this Agreement on the Check-Out Date, subject to Lessor’s duty to mitigate damages where required by law. Lessor may terminate this Agreement by giving Guest five (5) days’ written notice, or another time period that is reasonable under the circumstances of the rental.

§ VII. MAINTENANCE & REPAIR

15. Guest shall maintain the Property in a good and clean manner and use the premises lawfully. Guest shall leave the Property in the condition in which Guest found it at the beginning of this Agreement, ordinary wear and tear excepted. If Guest leaves the Property in any condition requiring additional maintenance and/or repairs beyond ordinary wear and tear, Guest agrees to pay for such maintenance or repairs. Guest further agrees that any delay in everyday maintenance or repairs for reasons beyond Lessor’s control during the Term shall have no effect on Guest’s obligations under this Agreement.

§ VIII. ADDITIONAL GUESTS

16. Guest may be permitted to have additional overnight visitors at the Property, but only upon obtaining prior permission from Lessor. An additional monetary amount may be charged for such visitors.

17. Guest may be permitted to have additional visitors stay at the Property for a maximum of ________. Such visitors are subject to Lessor’s prior permission and may be charged an additional monetary fee to be agreed upon by the Parties.

§ IX. PERMITTED USES

18. The Property shall be used and occupied solely in the following manner:

________

§ X. PET POLICY

19. The pet policy for the Property is as follows:

________

Nothing in this Section shall be construed to prohibit a service animal or assistance animal where required to be accommodated under the federal Fair Housing Act (42 U.S.C. § 3601 et seq.), the Americans with Disabilities Act, or applicable state law.

§ XI. SMOKING

20. The smoking policy for the Property is as follows:

________

§ XII. TRASH

21. Guest shall dispose of trash in the following place and manner:

________

§ XIII. SHORT-TERM SUB-RENTAL

22. Guest is not permitted to offer the Property for any short-term rental, including through online vacation rental sites or platforms.

§ XIV. USE OF PROPERTY

23. Guest expressly acknowledges and agrees that this Agreement is only for the transient occupancy of the Property, and Guest does not intend to, nor is Guest permitted to, make the Property a residence or permanent household. This Agreement does not create a tenancy for years or a residential tenancy beyond the Term, except as expressly provided in the Holdover provision herein.

§ XV. INSURANCE

24. Guest acknowledges and agrees that Lessor’s insurance does not cover Guest’s personal property. Guest is responsible for obtaining any insurance coverage Guest deems necessary to protect Guest’s personal property and to cover Guest’s liability while occupying the Property. Lessor shall not be responsible for any loss, theft, or damage to Guest’s personal property during the Term.

§ XVI. MAXIMUM OCCUPANCY

25. The maximum number of persons permitted to occupy the Property at any time during the Term shall not exceed ________ persons. Exceeding the maximum occupancy without the prior written consent of Lessor shall be considered a breach of this Agreement and may result in immediate termination.

§ XVII. PARKING

26. The parking policy for the Property is as follows:

________

§ XVIII. SHORTENED STAY

27. Lessor shall not be responsible for any shortened stay of Guest, including by reason of bad weather or other frustration of Guest’s particular purpose. Guest shall continue to make payment until the agreed-upon Check-Out Date in this Agreement, except as otherwise provided in the cancellation policy or as required by applicable law.

§ XIX. TELEPHONE USAGE

28. The Property may be equipped with a telephone. If so, long-distance calls must be charged to a credit card, billed to Guest’s home number, or made in conjunction with a long-distance calling card. If not, any long-distance charges will be billed to Guest, in addition to a minimum handling fee of $10.00.

§ XX. INTERNET

29. Access to the Internet may be provided at the Property as a courtesy and convenience for Guest. Guest acknowledges and agrees that internet access is not integral to this Agreement. No refund of any payment or fee shall be given in the case of internet outages, speed, or access problems.

§ XXI. COOKING

30. Guest may cook only in the areas designated as such, such as a specific kitchen area. Guest is not permitted to create or maintain any open fires.

§ XXII. LOCKS

31. Guest shall not alter or replace any locks on the Property without the prior written consent of Lessor. Guest shall also not add any new locks on the Property without the consent of Lessor. If Guest installs any additional locks (with Lessor’s consent), the locks shall remain on the Property at the expiration of the Agreement and shall become part of Lessor’s Property.

§ XXIII. HAZARDOUS MATERIALS

32. Guest agrees not to keep any hazardous item on the Property, whether chemically dangerous or otherwise lethal, or that might be considered hazardous by any legitimate insurance company.

§ XXIV. UTILITIES

33. Lessor shall be responsible for arranging and paying for all utilities, except as otherwise expressly provided in this Agreement.

§ XXV. QUIET ENJOYMENT

34. Lessor acknowledges and agrees that so long as Guest pays all fees in a timely manner and continues to perform Guest’s obligations under this Agreement, Lessor will not interfere with Guest’s peaceful use and quiet enjoyment of the Property.

§ XXVI. HABITABILITY

35. The Property will be made available in a condition permitting habitation, with reasonable safety, in accordance with the implied warranty of habitability and applicable housing and building codes of the State of ________.

§ XXVII. ALTERATIONS & IMPROVEMENTS

36. Guest shall not make any alterations, additions, or improvements, or perform any type of construction at the Property.

§ XXVIII. ASSIGNMENT & SUBLETTING

37. Guest is not permitted to assign or sublet this Agreement without the prior written consent of Lessor. Guest may also not grant any license to use the Property or any part of the Property without the prior written consent of Lessor. If Lessor consents to any one assignment, sublet, or license, such consent shall not be deemed a consent to any subsequent such request. Any assignment, sublet, or license without Lessor’s prior written approval shall be null and void and shall, at Lessor’s option, terminate this Agreement.

§ XXIX. INDEMNIFICATION

38. To the fullest extent permitted by law, Lessor shall not be liable for any damage or injury to Guest or Guest’s invitees, licensees, or other guests on or in the Property, and Guest agrees to indemnify, defend, and hold Lessor harmless from any and all claims or assertions of every kind and nature, except to the extent arising from Lessor’s gross negligence or willful misconduct.

§ XXX. MATERIALITY OF REPRESENTATIONS ON APPLICATION

39. Any and all representations made by Guest on any Application for Rental of the Property (or similarly-titled and applicable document) are understood by the Parties to be material to the grant of this Agreement. Any failure to disclose, or lack of truthfulness on, such Application may be cause for Lessor to deem Guest in breach of this Agreement.

§ XXXI. MODIFICATION

40. No modification of this Agreement shall be binding upon Lessor unless in writing and signed by Lessor. Modification of any part or sub-part of this Agreement shall have no effect on any other part or sub-part of this Agreement, and the remainder of the Agreement shall remain in full force and effect.

§ XXXII. HOLDOVER

41. If Guest does not vacate the Property at the end of the Term or otherwise remains in possession of the Property, a new month-to-month tenancy will be created, subject to all the terms and conditions of this Agreement to the extent applicable. Such month-to-month tenancy will remain valid until such time as Lessor and Guest, in writing, extend or renew the Agreement for a specific term. If Guest becomes a month-to-month tenant, Guest must give thirty (30) days’ written notice to Lessor of Guest’s intent to surrender the Property. Lessor may terminate such a month-to-month tenancy at any time by serving Guest a written notice of termination or by other means permitted by applicable law of the State of ________. Guest shall vacate the Property upon Lessor’s lawful demand.

§ XXXIII. NOTICE OF INJURIES

42. If Guest or any of Guest’s invitees, licensees, and/or guests are significantly injured, or any of Guest’s personal property is damaged on the Property or in any common area, Guest shall provide written notice to Lessor, delivered or sent to the address listed at the head of this Agreement, as soon as possible but in no event later than five (5) days after the date of injury or damage. Failure to provide such timely notice shall be considered a breach of this Agreement.

§ XXXIV. ITEMS LEFT BEHIND

43. Any items left behind by Guest will be held for approximately six (6) months, and every reasonable effort will be made to contact Guest for their return. However, Lessor shall not ultimately be responsible for such items. If they are not claimed within six (6) months, Guest forfeits Guest’s right to such items, and Lessor shall not be held responsible for any disposal, subject to any contrary requirement of applicable law.

§ XXXV. LEAD-BASED PAINT DISCLOSURE

44. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of any known lead-based paint and/or lead-based paint hazards in the dwelling, and lessees must receive a federally approved pamphlet on lead poisoning prevention, in accordance with 42 U.S.C. § 4852d and 24 C.F.R. Part 35 / 40 C.F.R. Part 745. Lessor’s disclosure regarding lead-based paint is as follows: ________.

§ XXXVI. REMEDIES

45. The rights and remedies contained in this Agreement are not exclusive of any other rights and remedies allowed by applicable law of the State of ________ and shall be considered cumulative.

§ XXXVII. SEVERABILITY

46. If any part or sub-part of this Agreement is deemed invalid by court order, judgment, or other operation of law, the remaining parts and sub-parts of this Agreement shall remain valid and enforceable to the fullest extent permitted by law.

§ XXXVIII. HEIRS AND ASSIGNS

47. Guest may not transfer or assign this Agreement or any portion of this Agreement to a third party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and permitted assigns.

§ XXXIX. NO WAIVER

48. If Lessor fails to enforce strict performance of any part or sub-part of this Agreement, such failure shall not be construed as a waiver of Lessor’s right to enforce the same part or sub-part later in time or to enforce any other part or sub-part.

§ XL. ATTORNEYS’ FEES

49. To the extent permitted by applicable law, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and expenses in the event an attorney is required to collect any payment due under this Agreement or to otherwise enforce any obligation hereunder.

§ XLI. GOVERNING LAW

50. This Agreement is governed, construed, and interpreted by and through the laws of the State of ________, without regard to its conflict-of-laws principles. The Parties agree that the exclusive venue for any dispute arising under this Agreement shall be the state or federal courts located in ________.

§ XLII. NOTICES

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§ XLIII. ENTIRE AGREEMENT

52. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, and agreements, whether written or oral.

§ XLIV. COUNTERPARTS

53. This Agreement may be executed in counterparts, including by electronic signature in accordance with the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and applicable state law, all of which together shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement shall be considered effective as of the date on which both Parties have signed, which may be the later date.

SIGNATURES:

LESSOR:

Sign: ________________________________ Date: ________

Print: ________

GUEST:

Sign: ________________________________ Date: ________

Print: ________