This LEASE AGREEMENT, hereafter referred to as “Agreement” is made this _____ day of ___________ , 20___ between ____________________, hereafter referred to as “Landlord” and ____________________, hereafter referred to as "Tenant."
WHEREAS Landlord and Tenant in consideration for this Agreement hereby covenant and agree to the following:
1. PREMISES: Landlord hereby leases the premises located at ___________________ in the city of _____________________ and the county of ___________________.
2. TERMS: The term of this Agreement shall commence on _______________ and terminate on ________________.
3. PAYMENTS: Tenant shall pay to Landlord Rent and/or other charges by the method Landlord indicates as follows ______________________________ and payments shall be made payable to ___________________. All payments are to be made by check, money order, or cash and are due in advance on the 1st day of each month. The monthly rent is_______________.
4. DEPOSITS: The Landlord acknowledges receipts of the following initial deposits:
First Month Rent $_________________ Other $_______________
Security Deposit $_________________ Other $_______________
The Security deposit shall be returned within __45__ days after the Tenant has vacated the premises. The Security will be returned less any charges incurred by Tenant. If the amount of costs and damages exceeds the Security deposit, Tenant shall pay the additional costs within _____ days of receipt of the bill.
5. LATE CHARGE: A late fee of $_200_ is due for any payment of rent made after the _5th__ day of the month. Any bad check will be considered unpaid rent, and will be subject to a additional fee of $_40_. If any lease payment is paid wit a bad check, Landlord can require Tenant to make all future lease payments by cash or money order.
6. USE OF PREMISES: Tenant shall use premises for a private residential residence. Tenant shall obey all applicable laws and association restrictions that apply to the premises.
7. OCCUPANCY: Premises shall be occupied by the following adults and/or children:
There shall be no other occupants on the premises, without prior written consent from Landlord. Occasional overnight visitors are exempt from this requirement.
8. UTILITIES: Tenant agrees to pay all utilities and/or services provided on the premises. Utilities for this address are Electric and Water/Wastewater. Landlord does not supply any utilities and is not responsible for the failure to receive utilities.
9. PETS: No animal, fowl, fish, reptile and/or pet of any kind shall be kept on or about the premises without obtaining the prior written consent of the Landlord. If Landlord consents to a pet, Landlord reserves the right to revoke his/her consent at any time by giving a 30 day written notice. Failure to comply with the notice may be grounds to terminate this Agreement. In addition to consent Landlord requires the following:
a. Additional Deposit $_______________
b. Additional Monthly Rent $_______________
c. Compliance with any Apartment/Condo Association rules and bylaws regarding pets.
d. Insurance to cover potential liability and damage by pet
10. LIQUID FILLED FURNISHINGS: No liquid filled furniture containing more than ten gallons of liquid is permitted without prior written consent of Landlord. Upon Landlord’s consent, Tenant is required to carry insurance to cover any damage, water or otherwise that may be caused by the liquid filled furnishings.
11. NOISE: Tenant agrees not to cause or allow any noise or activity on the premises which may disturb the peace, quiet, and enjoyment of neighboring units. Tenant shall also not cause or allow any noise in violation of any apartment or condo association rules and regulations. Failure to comply with this provision may be grounds for termination of this Agreement.
12. DESTRUCTION OF PREMISES: In the event an act of god or natural disaster partially or totally destroys the premises and Tenant’s use is seriously impaired, the Landlord or Tenant may terminate this LEASE AGREEMENT with ______ days written notice provided to the Landlord or Tenant at their place of residence.
13. CONDITION OF PREMISES: Tenant acknowledges that s/he has/had the opportunity to examine the premises and that the premises, including all furnishings, fixtures, furniture, plumbing, heating, electrical facilities, all items listed on the attached property condition checklist, if any, and/or all other items provided by Landlord are clean and in good working condition. If upon examination, the premises contains any furnishings or fixtures which are in non-working or poor condition, Landlord should be immediately made aware of the situation, except as may be indicated elsewhere in this Agreement. Tenant agrees to keep the premises and all items in good condition and working order. Any items damaged by Tenants, or Tenant’s guests or invitees, should be immediately repaired or replaced, unless provided otherwise by applicable laws. At the termination of this Agreement, all of above items in this section should be returned to Landlord in good, clean, and working condition, except for reasonable wear and tear. Landlord finds the following to not be “wear and tear”:
a. Left behind personal property
b. Burns, holes, tears, and stains on the premises (walls, carpeting, fixtures, etc.)
14. PROPERTY ALTERATIONS: Tenant shall not alter premises, without prior written approval from Landlord and Condo/Apartment board when applicable. This includes painting walls, placing signs or displays on the premises, and any redecorating. Paint, wallpaper, alter or redecorate, change or install locks, install antenna or other equipment, screws, fastening devices, large nails, or adhesive materials, place signs, displays, or other exhibits, on or in any portion of the premises is not permitted without the written consent of the Landlord except as may be provided by law.
15: PROPERTY MAINTENANCE:
Tenant is responsible for the following maintenance:
a. Proper Garbage removal
b. Proper Use and Compliance with all Association rules regarding Common Garbage receptacle area
c. Maintaining Kitchen and Bathroom sinks and drains. (Tenant is responsible for any costs associated with clearing debris from plumbing and any damage caused by the stopping or overflow of water from pipes or sinks.
d. Changing Air filters on Air-conditioning
e. Shall deposit all garbage and waste in a clean and sanitary manner
Landlord is responsible for he following maintenance:
a. Heat and Air conditioning units
16. CHANGE OF TERMS: Landlord reserves the right to change the terms and conditions of this Agreement after the termination of the initial lease and upon 30 days written notice of the change of terms.
17. TERMINATION OF AGREEMENT: This Agreement automatically terminates on the above date. If Tenant and Landlord wish to continue this Agreement, a new lease will be required. This Agreement may also be terminated by a breach of this Agreement or if required by law. Upon termination, Tenant shall vacate premises. Tenant is responsible for removing his/her belongings and returning keys and any items provided by Landlord for Tenant’s use in the premises. If Tenant fails to vacate, and holds over, Tenant is liable for additional rent and damages, including loss of potential new renters.
18. POSSESSION: If Landlord is unable to deliver possession of the residence to Tenant on the agreed date, for any reason including whether by loss/destruction of the premises, or failure of prior or because of the failure of the prior Tenant, Tenant and/or Landlord may immediately cancel and terminate this Agreement with written notice to the address listed below in this Agreement. At the time of termination, neither party shall have liability to the other and any security deposit funds shall be returned in full to tenant. If neither party cancels the Agreement due to inability to deliver possession, this rental payment shall be prorated for the initial month and this Agreement shall begin on the date of actual possession.
19. INSURANCE & RISK OF LOSS: Landlord’s insurance does not cover Tenant’s personal property damage caused by fire, theft, rain, war, acts of God and it is advisable that Tenant have insurance to cover his/her personal property. Further, Landlord shall not be liable for any loss, damage, or theft to the contents, belongings, or personal effects of the Tenant’s, Tenant’s family, Tenant’s guests, or visitors. This provision does not protect Landlord or Tenant for responsibility for loss or damages caused by Landlord or Tenants’ negligence, recklessness, or willful conduct.
20. RIGHT OF ENTRY AND INSPECTION: Landlord or Landlord’s agent may enter the premises in the following circumstances:
a. At any time for an emergency in order to protect or preserve the premises
b. After 24 hour advance to show the premises to prospective renters, buyers, lenders
c. After 24 hour advance notice to make inspections, repairs, or improvements (Landlord is in sole discretion of the necessary repairs, improvements, or inspections that may be performed.)
d. If Tenant is absent from premises for more than ½ rental period and abandonment of the premises is suspected
21. ASSIGNMENT: The Premises, or any part thereof, may not be subletted, transferred, or assigned without prior consent of Landlord.
22. PARTIAL INVALIDITY: Nothing contained in this Agreement shall be construed as waiving any of the Landlord’s or Tenant’s rights under the law. If any part of this Agreement shall be in conflict with the law, that part shall be void to the extent that it is in conflict, but shall not invalidate this Agreement nor shall it affect the validity or enforceability of any other provision of this Agreement.
23. NO WAIVER: Landlord's acceptance of rent after a default by Tenant or waiver by Landlord of any breach of this Agreement does not constitute a waiver or subsequent breaches. Failure to require compliance or exercise rights associated with this Agreement does not constitute a waiver by Landlord of said term, condition, and/or right, and shall not affect the validity or enforceability of any provision of this Agreement.
24. CHOICE OF LAW AND FORUM. This Agreement is governed by the laws of the State of ____________. In the event of any legal action, the filings or proceedings shall be conducted I the county where the Premises is located.
25. ATTORNEY FEES: The reasonable attorney fees and costs of any litigation or legal action brought under his Agreement shall be awarded to the prevailing party, in addition to any damages awarded.
26. JOINTLY AND SEVERALLY: If there is more than one Tenant, all tenants are jointly and severally responsible and liable for all obligations under this Agreement.
27. REPORT TO CREDIT/TENANT AGENCIES: Landlord has the right to notify a tenant or credit-reporting agency for a nonpayment, late payment, or breach of any terns of this Agreement. This report may negatively affect your credit history.
28. NOTICES: All notices to Tenant shall be served at Tenant's premises and all notices to Landlord shall be served at ________________________________.
All notices served to Tenant or Landlord via certified mail with a returned receipt or personally delivered to Tenant or Landlord.
29. EMERGENCY NUMBER: In the event of an emergency, Tenant may contact the Landlord or agent(s) listed below.
30. SUBORDINATION: This Agreement is subordinate to the lien of any mortgage encumbering the fee title to the Premises.
31. APPROVAL CONTINGENCY: This Agreement _______ (is/is not) conditioned on the approval of Tenant by the association that governs the Premises.
32. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between Landlord and Tenant. This Agreement supersedes any oral or written Agreements entered into before this Agreement. Any modifications of this Agreement shall be in writing and signed by both parties.
33. RECEIPT OF AGREEMENT: Tenant/(s) acknowledge receipt of a copy of this Agreement. The undersigned have read and understand this Agreement in the entirety and the Agreement has been executed on the dates indicated below.
Tenant's Signature ________________________________________ Date _____________
Landlord's or Agent's Signature _____________________________ Date _____________