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Basic Residential Lease Agreement

THIS LEASE AGREEMENT hereinafter known as the "Lease" is made and entered into this ____ day of ____________,  20____, by and between the Landlord known as _______________________ with a mailing address _______________________, in the City of _______________________, State of _________________ hereinafter known as the "Landlord" and the Tenant(s) known as _______________________, _______________________, _______________________, hereinafter known as the "Tenant(s)" 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 hereby agree as follows:

 

PROPERTY. Landlord owns property and improvements located at _______________________, City of _______________________, State of ___________________(hereinafter referred to as the "Property"). Landlord desires to lease the Property to Tenant upon the terms and conditions contained herein. Tenant desires to lease the Property from Landlord upon the terms and conditions contained herein.

 

LEASE TERM. This Lease shall commence on ____ day of _____________, 20____, and end on ____ day of _____________, 20____ (hereinafter referred to as the “Term”). Upon the end of the Term, Tenant shall be required to vacate the Property unless one of the following circumstances occur:

  1. Landlord and Tenant formally extend this Lease in writing or create and execute a new, written and signed Lease; Or

  2. Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. If 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 _?_ days prior to the desired date. Notices to terminate may be given on any calendar day, irrespective of the commencement date. Rent shall continue at the rate specified in this Lease. All other terms and conditions as outlined in this Lease shall remain in full force and effect. 

 

RENT. Tenant shall pay to Landlord the sum of $____________ per month (hereinafter referred to as “Rent”) for the Term of the Lease. The due date for Rent payment shall be the ____ day of each calendar month and shall be considered an advance payment for that month (hereinafter referred to as the “Due Date”). Weekends and holidays do not delay or excuse Tenant’s obligation to pay Rent on time.

  1. Late Rent. If Rent is not paid within _?_ days of the Due Date, the Rent shall be considered past due and a late fee of ☐ $____?______  or ☐ ____ % of the Rent past due shall be applied for every ☐ day Rent is late ☐ occurrence Rent is late.

  2. Returned Checks. If 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 Rent penalties, as described above, until Landlord has received payment. 

  3. Application of Payments. The 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.

  4. Rent Increases. There will be no rent increases through the Term of the Lease. 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.

 

SECURITY DEPOSIT. Upon execution of this Lease, Tenant shall deposit with Landlord the sum of $______?_____ (hereinafter referred to as the “Security Deposit”) receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Property during the term hereof. The landlord may place the Security Deposit in an interest-bearing account and any interest earned will be paid to Landlord.

  1. Deductions. The landlord may deduct reasonable charges from the Security Deposit for unpaid rent; late charges; costs of reletting, if Tenant is in default; unpaid utilities; replacing unreturned keys, garage door openers, or other devices; costs of cleaning and repairing the Property and its contents for which tenant is responsible; pet violations; removal of unauthorized locks or fixtures; removing abandoned or illegally parked vehicles; attorney fees and costs of court incurred in any proceeding against Tenant. If deductions exceed the Security Deposit, Tenant will pay Landlord the excess amount within _?_ 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.

  2. Return. The Landlord shall return the Security Deposit or the balance thereof to the Tenant within _?_ days from the end of the Term, whichever is less.

  3. Tenant’s Forwarding Address. Upon vacating the Property all notices, communication and other delivery may be made to the Tenant’s forwarding address at:________________________________

 

USE OF PROPERTY. The Property shall be used and occupied solely by Tenant and Tenant's immediate family, consisting of only the following named person(s):

_____________________________________________________________________________________

_____________________________________________________________________________________

and to be used exclusively as a private single-family dwelling, and no part of the Property shall be used at any time during the term of this Lease 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 Property without first obtaining Landlord's written consent to such use. Tenant shall comply with all laws, ordinances, rules, and orders of all governmental authorities affecting the cleanliness, use, occupancy, and preservation of the Property.

 

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

 

ASSIGNMENT. Under this Lease: 

Subletting Not Allowed. Tenant acknowledges that this Lease is not transferrable and that the Tenant may not assign the Lease, any part of the Lease or any of the rights or obligations herein. The Tenant shall not sublet, sublease or otherwise grant any other party any license or right in relation to the Property or this Lease. Any license, assignment, sublease or agreement in violation of this clause shall be null and void with no legal force whatsoever.

Subletting Allowed. Tenant shall have the right to sublet and grant a license to other individuals to use the Property or any part thereof without the prior written consent of the Landlord. In the event the Tenant shall sublet the Property, notice shall be given to the Landlord within _?_ days of the SubTenant(s) name and address. In the event the SubTenant(s) violates any portion of this Lease, all liability shall be held against the Tenant.

 

RIGHT OF ENTRY. The Landlord shall have the right to enter the Property during normal working hours by providing at least _?_ hours notice in order for inspection, to make necessary repairs, alterations or improvements, to supply services as agreed or for any reasonable purpose. The Landlord may exhibit the Property to prospective purchasers, mortgagees, or lessees upon reasonable notice.

 

ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the building or improvements on the Property or construct any building or make any other improvements on the Property without the prior written consent of Landlord. All alterations, changes, and/or improvements built, constructed, or placed on the Property by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the property at the expiration or earlier termination of this Lease.

 

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

 

UTILITIES. The Landlord shall provide the following utilities and services to the

Tenant(s): _____________________________________________________________________.

Any other utilities or services not mentioned will be the responsibility of the Tenant(s).

 

MAINTENANCE, REPAIR, AND RULES. The tenant will, at its sole expense, keep and maintain the Property and appurtenances in a good and sanitary condition and repair during the term of this Lease and any renewal thereof. The Tenant shall:

  1. Not obstruct the driveways, sidewalks, entryways, stairs and/or halls, which shall be used for the purposes of entering and exiting.

  2. Keep all windows, glass, window coverings, doors, locks, and hardware in good, clean order and repair

  3. Not obstruct or cover the windows or doors

  4. Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony 

  5. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord

  6. Keep all air conditioning filters clean

  7. Keep all bathrooms, sinks, toilets, and all other water and plumbing apparatus in good order and repair

  8. Tenant's and guests shall always maintain order in the Property and at all places on the Property, and shall not make or permit any loud or improper noises, or otherwise, disturb other residents

  9. Deposit all trash in the locations provided

  10. Abide by and be bound by all rules and regulations affecting the Property or the common area by the Condominium or Homeowners' Association having control over them

 

PETS. Under this Lease: 

Pets Allowed. The Tenant shall be allowed to have ____ pet(s) on the Property consisting of

☐ Dogs ☐ Cats ☐ Fish ☐ Other _______________________ not weighing more than ____ ☐ pounds. The Landlord shall administer a fee of $____________ per pet on the Property. Landlord shall be held harmless in the event any of the Tenant’s pets cause harm, injury, death, or sickness to another individual or animal. Tenant is responsible and liable for any damage or required cleaning to the Property caused by any authorized or unauthorized animal and for all costs Landlord may incur in

removing or causing any animal to be removed.

Pets Not Allowed. There shall be no animals permitted on the Property or in any common areas UNLESS said pet is legally allowed under the law regarding assistance with a disability. Pets shall include, but not be limited to, any mammal, reptile, bird, fish, rodents, or insects on the Property. 

 

QUIET ENJOYMENT. Upon payment of all 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, Tenant shall and may peacefully and quietly have, hold, and enjoy said Property for the term hereof.

 

INDEMNIFICATION. Landlord shall not be liable for any injury to the tenant, tenant’s family, guests, or employees or to any person entering the Property and shall not be liable for any damage to the building in which the Property is located or to goods or equipment, or to the structure or equipment of the structure in which the Property is located, and Tenant hereby agrees to indemnify, defend, and hold Landlord harmless from any and all claims or assertions of every kind and nature.

 

DEFAULT. If the Landlord breaches any of the terms and conditions of this Lease or any applicable laws, rules or codes, the Tenant may avail of any of the remedies available under the law. If the Tenant breaches or fails to comply with any of the terms and conditions of this Lease or any applicable laws, rules or codes the Landlord shall afford the Tenant _?_days to remedy or rectify the same. This period shall commence on the day the Tenant receives Notice of such breach or non-compliance with the request to rectify the same. If the Tenant fails to comply or rectify the breach or if the breach cannot reasonably be rectified or remedied, the Tenant shall be in default. Upon the Tenant’s default, the Landlord may terminate the Lease by sending the notice of default and consequent termination of the lease to the Tenant and thereafter recover possession of the Property.

 

ABANDONMENT. If the Tenant(s) abandons the Property the Landlord may declare the Lease terminated, recover possession of the Property, enter the premises, remove the Tenant’s belongings and lease the same to another without incurring any liability to the Tenant for doing the same. In the event of the abandonment of the Property, the Landlord may recover from the Tenant unpaid rent until the Property is leased to another person or otherwise occupied by the Landlord or another under the Landlord’s right.

 

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 Property, Tenant agrees to pay all expenses so incurred, including reasonable attorneys' fee.

 

COMPLIANCE WITH LAW. The Tenant(s) agrees that during the term of the Lease, to promptly comply with any present and future laws, ordinances, orders, rules, regulations, and requirements of the Federal, State, County, City, and Municipal government or any of their departments, bureaus, boards, commissions, and officials thereof with respect to the Property, or the use or occupancy thereof, whether said compliance shall be ordered or directed to or against the Tenant(s), the Landlord, or both.

 

SEVERABILITY. If any provision of this Lease or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Lease or 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.

 

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.

 

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

 

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:___________________________________________________________________________.

 

PARKING. The Landlord:

☐ Shall provide ____ parking space(s) to the Tenant(s) for a fee of $____  to be paid ☐ at the execution of this Lease ☐ on a monthly basis in addition to the rent.

The parking space(s) are described as: ____________________.

☐ Shall not provide parking. 

 

EARLY TERMINATION. The Tenant(s):

☐ Shall have the right to terminate this Lease at any time by providing at least _?_ days’ written notice to the Landlord along with an early termination fee of $____. During the notice period for termination, the Tenant(s) will remain responsible for the payment of rent.

☐ Shall not have the right to terminate this Lease. 

 

SMOKING POLICY. Smoking on the Property is:

☐ Permitted in the following areas: ____________________.

☐ Prohibited on the Property.

 

DISPUTES. If a dispute arises during or after the term of this Lease between the Landlord and Tenant(s), they shall agree to negotiate amongst themselves, in "good faith", before any litigation.

 

RETALIATION. The Landlord is prohibited from making any type of retaliatory acts against the Tenant(s) including but not limited to restricting access to the Property, decreasing or canceling services or utilities, failure to repair appliances or fixtures, or any other type of activity that could be considered unjustified.

 

EQUAL HOUSING. If the Tenant(s) possesses any mental or physical impairment, the Landlord shall provide reasonable modifications to the Property unless the modifications would be too difficult or expensive for the Landlord to provide. Any impairment(s) of the Tenant(s) are encouraged to be provided and presented to the Landlord in writing to seek the most appropriate route for providing the modifications to the Property.

 

PROPERTY DEEMED UNINHABITABLE. If the Property is deemed uninhabitable due to damage beyond reasonable repair the Tenant(s) will be able to terminate this Lease by written notice to the Landlord. If said damage was due to the negligence of the Tenant(s), the Tenant(s) shall be liable to the Landlord for all repairs and for the loss of income due to restoring the property back to a livable condition in addition to any other losses that can be proved by the Landlord.

 

LEAD-BASED PAINT DISCLOSURE. If the Property was 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.

 

ENTIRE AGREEMENT. This Lease and, if any, attached documents are the complete agreement between the Landlord and Tenant concerning the Property and the total building facilities. There are no oral agreements, understandings, promises, or representations between the landlord and tenant affecting this Lease. All prior negotiations and understandings, if any, between the parties hereto with respect to the Property and the total building facilities shall be of no force or effect and shall

not be used to interpret this Lease.

 

IN WITNESS WHEREOF, the Landlord and Tenant have executed this Lease in multiple originals as of the undersigned date(s).

 

Landlord’s Signature _____________________________________________ Date _____________________

Print Name _______________________________

 

Tenant’s Signature _______________________________________________ Date _____________________

Print Name _______________________________

Tenant’s Signature _______________________________________________ Date _____________________

Print Name _______________________________

Tenant’s Signature _______________________________________________ Date _____________________

Print Name _______________________________

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