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".
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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.
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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.
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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.
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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.
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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.
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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: ________________________________________
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Tenant is responsible for all plumbing repairs including
faucets, leaks, stopped up pipes, frozen pipes, water damage, and bathroom
caulking.
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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.
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Tenant is responsible for all glass, screen, and storm door
repairs.
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No money is to be deducted by Tenant from rent payment for
any reason without express written permission of Landlord.
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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.
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Tenant accepts entirely the responsibility for recharging
air conditioner compressor and the cleaning of furnace or replacement of
furnace filters.
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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 ____________________
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NO WATER BEDS PERMITTED WITHOUT WRITTEN PERMISSION.
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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.
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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
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From time to time, owner may be represented by an agent who
will carry identification.
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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.
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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.
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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.
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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 Description |
Appliance Number or Item |
Condition |
Location |
1 |
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2 |
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3 |
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4 |
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5 |
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6 |
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7 |
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8 |
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9 |
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10 |
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11 |
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12 |
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13 |
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14 |
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15 |
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16 |
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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:
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Tenants agree to keep their pet under control at all times.
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Tenants agree to keep their pet restrained, but not tethered,
when it is outside their dwelling.
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Tenants agree not to leave their pet unattended for any unreasonable
periods.
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Tenants agree to dispose of their pet's droppings properly
and quickly.
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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.
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Tenants agree to get rid of their pet's offspring within
eight weeks of birth.
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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.
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Tenants agree that Landlord reserves the right to revoke
permission to keep the pet should Tenants break this agreement.
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Tenant agrees to pay an additional $ ____________ in rent
per month per pet.
_________________________________________________
TENANT
_________________________________________________
LANDLORD
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