Short-Term Lease Agreement - Template, Sample Form
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SHORT-TERM LEASE AGREEMENT
State of Alabama
BACKGROUND.
A. This Short-Term Lease Agreement (hereinafter "Agreement") is entered into and made effective as of the date set forth at the end of this document by and be 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 considered to act in place of Lessor for the purposes of this Agreement, where required or permitted.
B. Lessor and Guest may collectively be referred to as the "Parties."
In consideration of the obligations and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do 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 "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 hereby 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 of 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 "Security Deposit") of the following amount is required: $________ (________). The Security Deposit shall be due ________ days before the Check-In Date.
Provided there are no necessary deductions made due to damage to the property or furnishings, excessive dirt or any other mess requiring extra cleaning, or any other cost incurred by Lessor due to Guest's stay, the security deposit will be refunded within the following amount of time after the Check-Out Date: ________. If such deductions are necessary, Lessor will send Guest an itemized list, describing the charges, and return any Security Deposit amount leftover, if any amount is leftover
8. Guest shall be required to pay the following rental fee per night: $________ (________).
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. The Guest shall not unreasonably withhold consent to the 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.
-- With the consent of the Guest
-- In case of emergency
-- When the Guest unreasonably withholds consent
c. The Lessor shall not abuse the right of access nor use it to harass the Guest.
VI. TERMINATION
13. Should Guest violate any of the terms of this Agreement, Lessor shall be able to terminate the Parties' relationship and this Agreement immediately and without notice. Guest waives any and all rights under this Agreement upon any violation or breach. Guest shall vacate the Property immediately upon Lessor's request. If Lessor finds any damage to the Property, which amounts to a monetary cost of more than any given security deposit or rental fees, Lessor shall be permitted to seek all legal avenues for recovery.
14. Additionally, Guest may not terminate this Agreement prior to the date of termination denoted herein. If Guest vacates, abandons, or otherwise leaves the Property prior to the agreed-upon Check-Out Date, Guest is still responsible for all payments due until the natural termination of this Agreement on the Check-Out Date. Lessor may terminate this Agreement for any reason by giving Guest 5 (five) days written notice or another time period which is reasonable under the circumstances of the rental.
VII. MAINTENANCE & REPAIR
VIII. ADDITIONAL GUESTS
16. Guest may be permitted to have additional overnight visitors to the Property, but they are required to obtain permission from Lessor prior to any stays. An additional monetary amount may also be charged.
17. Guest may be permitted to have additional visitors stay at the property for a maximum of ________. They are required to obtain permission from the Lessor and may be charged an additional monetary fee to be agreed upon in the future.
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:
________
XI. SMOKING
20. The smoking policy for the Property is as follows:
________
XII. TRASH
21. Guests shall dispose of trash in the following place and manner:
________
XIII. SHORT-TERM SUB-RENTAL
22. Guest is not permitted to place the Property up for any short-term rental, including through online vacation rental sites.
XIV. USE OF PROPERTY
23. Guest hereby expressly acknowledges and agrees that this Agreement is only for transient occupancy of the Property, and Guest does not intend to, nor is Guest permitted to, make the Property a residence or permanent household.
XV. INSURANCE
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
The maximum number of persons permitted to occupy the Property at any time during the Term shall not exceed the number agreed upon by the Parties. 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
The parking policy for the Property is as follows: ________
XVIII. SHORTENED STAY
24. 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.
XIX. TELEPHONE USAGE
25. The Property may be equipped with a telephone. If it is, 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
26. Access to the Internet has been provided in the Property as a courtesy and convenience for Guest. Guest hereby acknowledges and agrees that internet access is not integral to this Agreement. No refund of any payment or fee shall be given in case of Internet outages, speed, or access problems.
XXI. COOKING
27. Guest may only cook in the areas that are designated as such, such as a specific kitchen area. Guest is not permitted to create or maintain any open fires.
XXII. LOCKS
28. Guest shall not alter or replace any locks on the Property without the 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 stay on the Property at the expiration of the Agreement and will become part of Lessor's Property.
XXIII. HAZARDOUS MATERIALS
29. 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
30. Lessor shall be responsible for arranging and paying for all utilities.
XXV. QUIET ENJOYMENT
31. Lessor hereby acknowledges and agrees that so long as Guest pays timely fees and continues to perform his or her obligations under this Agreement, Lessor will not interfere with Guest's peaceful use and quiet enjoyment of the Property.
XXVI. HABITABILITY
32. The Property will be made available in a condition permitting habitation, with reasonable safety.
XXVII. ALTERATIONS & IMPROVEMENTS
33. Guest shall not make any alterations, additions or improvements or do any type of construction to the Property.
XXVIII. ASSIGNMENT & SUBLETTING
34. 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 the Lessor. If Lessor consents to any one assignment, sublet or license, this 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, if Lessor chooses, terminate this Agreement.
XXIX. INDEMNIFICATION
35. 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 hereby agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of every kind and nature.
XXX. MATERIALITY OF REPRESENTATIONS ON APPLICATION
36. 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
37. No modification of this Agreement shall be binding upon Lessor unless in writing and signed by Lessor. Modification to 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
38. If Guest does not vacate the Property at the end of the Agreement term or otherwise remains in possession of the Property, a new month-to-month tenancy will be created which will be subject to all the terms and conditions of this Agreement. 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 Guest, Guest must give 30 (thirty) 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 Alabama law. Guest shall vacate the Property at Lessor's demand.
XXXIII. NOTICE OF INJURIES
39. 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, to be delivered or sent to the address listed at the head of this Agreement, as soon as possible but in no event later than 5 (five) days after the date of injury or damage. If Guest does not provide such timely notice, this shall be considered a breach of the Agreement.
XXXIV. ITEMS LEFT BEHIND
40. Any items left behind by Guest will be held for approximately six months and every reasonable effort will be made to contact Guest for their return. However, ultimately Lessor is not responsible for these items. If they are not claimed within six months, Guest forfeits Guest's right to such items and Lessor shall not be held responsible for any disposal.
XXXV. LEAD-BASED PAINT
41. 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 known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
XXXVI. REMEDIES
42. The rights and remedies contained in this Agreement are not exclusive of any other rights and remedies allowed by applicable Alabama law and shall be considered cumulative.
XXXVII. SEVERABILITY
43. If any part of 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.
XXXVIII. HEIRS AND ASSIGNS
44. Guest may not transfer or assign this Agreement or any portion of this Agreement to a third party.
XXXIX. WAIVERNO WAIVER
45. If Lessor fails to enforce strict performance of any part or sub-part of this Agreement, this 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
46. Guest agrees to pay reasonable attorneys' fees and expenses in the event Lessor requires an attorney to collect any payment due under this Agreement or to otherwise enforce any of Guest's obligations.
XLI. GOVERNING LAW
47. This Agreement is governed, construed, and interpreted by and through the laws of the State of Alabama.
XLII. NOTICES
48. Notices given under this Agreement or other applicable Alabama law shall be given in writing by and to both parties. Notices by Guest to Lessor shall not be considered complete until actual receipt by Lessor at the address listed at the head of this Agreement. Lessor or Lessor's agents, including any property managers, secretaries, or assistants, shall accept demands and/or service of process at the same address. Notices by Lessor to Guest shall be deemed delivered when deposited in the mail to the address of the Property or hand-delivered or placed in the mailbox of Guest at the Property. Notices by Lessor to Guest shall also be deemed delivered if addressed to a last known post office box address of Guest.
XLIII. COUNTERPARTS
49. This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
SIGNATURES:
LESSOR:
Sign: ________________________________ Date:________________________
Print:________________________________
GUEST:
Sign: ________________________________ Date:________________________
Print:________________________________
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