This Residential Lease Agreement is used by a North Dakota landlord to lease a residential property to a tenant on a month-to-month basis. This document contains the material terms of the lease agreement including the rent amount, the notice requirement for terminating the lease and the permitted uses of the premises. Many of the standard clauses commonly used in these types of agreement are included in this document, but it may be customized to ensure that the understandings of the parties are properly set forth. This lease agreement should be used by a landlord and a tenant when entering into a month-to-month lease.
Docstoc Legal Agreements This Residential Lease Agreement is used by a North Dakota landlord to lease a residential property to a tenant on a month-to-month basis. This document contains the material terms of the lease agreement including the rent amount, the notice requirement for terminating the lease and the permitted uses of the premises. Many of the standard clauses commonly used in these types of agreement are included in this document, but it may be customized to ensure that the understandings of the parties are properly set forth. This lease agreement should be used by a landlord and a tenant when entering into a month-to-month lease. ® DISCLAIMERS: ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND COMPLETENESS. They are for general guidance and should be modified by you o r your attorney to meet your specific needs and the laws of your state. Use at your own risk. 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All Rights Reserved RESIDENTIAL LEASE AGREEMENT THIS RESIDENTIAL LEASE AGREEMENT (hereinafter “Agreement” ) is made and entered into this _____ [Month] _____ [Date], 20_____, by and between _________________________ [Instruction: Insert the name of landlord], residing at _________________________ [Instruction: Insert the address of landlord] (hereinafter “Landlord”), and ____________________________ [Instruction: Insert the name of tenant], residing at _________________________ [Instruction: Insert the address of tenant] (hereinafter “Tenant”). For the purpose of this Agreement, Landlord and Tenant may individually be referred to as “Party” and collectively as “Parties”. WHEREAS, Landlord is the sole owner of certain real property together with all appurtenances thereto, lying and situated in County of United States of America, State of North Dakota, described in Exhibit-A (hereinafter “Premises”); WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein; NOW, THEREFORE, 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 hereto hereby agree as follows: 1. TERM AND TERMINATION OF THE TENANCY. The term of this Agreement shall commence on _____ [Month] _____ [Date], 20_____, and shall continue from that date to _____ [Month] _____ [Date], 20_____ [Instruction: Insert the starting and end date of tenancy]. Either Landlord or Tenant terminates the tenancy by giving the other thirty (30) days written notice of an intention to terminate the tenancy. In the event such notice is given, Tenant agrees to pay all rent up to and including the notice period. 2. RENT. Tenant shall pay Landlord rent of ________ ($____) [Instruction: Insert the amount of rent payable] per month, payable in advance on the _______ (___)[Instruction: Insert the day, e.g. “first (◊ 1st)”] day of each month. If that day falls on a weekend or legal holiday, the rent is due on the next business day. Rent shall be paid by personal check, money order or cashier’s check only, to Landlord at Landlord's address as set forth in the preamble to this Agreement or at such other place as Landlord shall designate from time to time. 3. LATE CHARGE/BAD CHECKS. If rental payments are not received by the date due, a collection charge of ________ ($____) [Instruction: Insert the amount of late charge, e.g., “ten dollars (◊ $10)”] in addition to the monthly rent will immediately become due and payable. In addition, for each check not honoured by the bank or trust company upon which it is drawn, a collection charge of © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 __________ ($_______) [Instruction: Insert the amount of charge for dishonor of checks, e.g., “ten dollars (◊ $10)”] in addition to the monthly rent will become immediately due and payable. 4. SECURITY / DAMAGE DEPOSIT. Tenant shall deposit with landlord the sum of three (3) month rent as a security deposit to secure Tenant's faithful performance of the terms of this lease. The security deposit shall not exceed two times the monthly rent. After the Tenant has vacated, leaving the Premises vacant, the Landlord may use the security deposit for the cleaning of the Premises, any unusual wear and tear to the Premises or common areas, and any rent or other amounts owed pursuant to the Agreement. 5. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's immediate family, consisting of: [Instruction: Insert the names of members of Tenant’s immediate family] ____________________________________________, ____________________________________________, ____________________________________________, ____________________________________________, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement 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 Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. 6. ASSIGNMENT AND SUBLETTING Tenant shall not assign this Agreement, or sublet or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. Consent by Landlord to one such assignment, subletting or license shall not be deemed to be a consent to any subsequent assignment, subletting or license. An assignment, subletting or license without the prior written consent of Landlord or an assignment or subletting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 7. CONDITION OF THE PREMISES. Tenant agrees to: a. properly use, operate and safeguard the Premises and all furniture and furnishings, appliances and fixtures within the Premises; b. Maintain the Premises in clean and sanitary condition, and upon termination of the tenancy, to surrender the Premises to Landlord in the same condition as when Tenant first took occupancy, except for ordinary wear and tear; c. If the surrounding grounds are part of the Premises and for exclusive use of Tenant, Tenant agrees to irrigate and maintain the surrounding grounds in a clean and safe manner, keeping the grounds clear of rubbish and weeds and trimming all grass and shrubbery as necessary to effect a neat and orderly appearance to the property; d. Notify Landlord in writing upon discovery of any damages, defects or dangerous conditions in and about the Premises; and e. Reimburse Landlord for the cost of any repairs to the Premises or damages caused by misuse or negligence of Tenant or their guests or invitees. Tenant acknowledges that the Premises have been inspected. Tenant acknowledges that said Premises have been cleaned and all items, fixtures, appliances, and appurtenances are in complete working order. Tenant promises to keep the Premises in a neat and sanitary condition and to immediately reimburse Landlord for any sums necessary to repair any item, fixture or appurtenance that needed service due to Tenant's, or Tenant's invitee, misuse or negligence. 8. LEAD BASED PAINT DISCLOSURE. By initialing, Tenant acknowledges receipt of disclosure of information on lead based paint and lead based paint hazards. __________ [Instruction: Insert the initial of Tenant] [Comment: 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, Landlord must disclose the presence of known lead based paint and/or lead based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention.] 9. ALTERATIONS AND IMPROVEMENTS. a. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. b. If the Premises are damaged or destroyed as to render them uninhabitable, then either Landlord or Tenant shall have the right to terminate this Agreement as of the date on which such damage occurs, through written notice to the other Party to be given within ___________ (___)[Instruction: Insert the number of days, e.g. “fifteen (◊ 15)”] days of occurrence of such damage. However, if such damage should occur as the result of the conduct or negligence of Tenant or Tenant’s guests or invitees, Landlord only shall have the right to termination and Tenant shall be responsible for all losses, including, but not limited to, damage and repair costs as well as loss of rental income. 10. INSPECTION OF PREMISES. a. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. b. Except in case of emergency, Landlord shall give Tenant reasonable forty eight (48) hours written notice of intent to enter. In order to facilitate Landlord’s right of access, Tenant shall not, without Landlord’s prior written consent, add, alter or re-key any locks to the Premises. Tenant further agrees to notify Landlord in writing if Tenant installs any burglar alarm system, including instructions on how to disarm it in case of emergency entry. 11. ANIMALS. [Instruction: Choose any one option] Tenant shall be entitled to keep no more than ___________ (___)[Instruction: Insert the number, e.g. “two (◊ 2)”] domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises. [Instruction: Choose this clause if tenant is entitled to keep pets in the premises] Or Tenant agrees that, no animals, birds, other pets of any kind whatsoever shall be brought on the Premises without the prior written consent of the Landlord. [Instruction: Choose this clause if tenant is not entitled to keep any pets in the premises] © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 12. LIQUID-FILLED FURNITURE. Tenant shall not use or have any liquid-filled furniture on the Premises without Landlord’s prior written consent. 13. QUIET ENJOYMENT. Tenant shall be entitled to quiet enjoyment of the Premises. Tenant shall not use the Premises in such a way as to violate any law or ordinance, commit waste or nuisance, or annoy, disturb, inconvenience, or interfere with the quiet enjoyment of any other or nearby resident. 14. INSURANCE DISCLAIMERS. Tenant assumes full responsibility for all personal property placed, stored or located on or about the Premises. Tenant’s personal property is not insured by Landlord. Landlord recommends that Tenant obtain insurance to protect against risk of loss from harm to Tenant’s personal property. Landlord shall not be responsible for any harm to Tenant’s property resulting from fire, theft, burglary, strikes, riots, orders or acts of public authorities, acts of nature or any other circumstance or event beyond Landlord’s control. 15. INDEMNIFICATION. Tenant expressly releases Landlord from any and all liability for any damages or injury to Tenant, or any other person, or to any property, occurring on the Premises unless such damage is the direct result of the negligence or unlawful act of Landlord or Landlord’s agents. 16. POSSESSION OF THE PREMISES. The failure of Tenant to take possession of the Premises shall not relieve him of his obligation to pay rent. If Landlord is unable to deliver possession of the Premises for any reason not within Landlord’s control, Landlord shall not be liable for any damage caused thereby, nor will this Agreement be void or voidable, but Tenant shall not be liable for any rent until possession is delivered. If Landlord is unable to deliver possession within _______ (___)[Instruction: Insert the number of days, e.g. “four (◊ 4)”] calendar days after the agreed commencement date, Tenant may terminate this Agreement by giving written notice to Landlord, and shall receive a refund of all rent and security deposits paid. 17. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6 18. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises except ____________________. 19. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor 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. 20. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of North Dakota. 21. NON-WAIVER. No indulgence, waiver, election or non election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. 22. CONDITIONS OF NEIGHBORHOOD. Landlord hereby advises Tenant to satisfy him or herself of all of Tenant's requirements regarding the area and neighborhood conditions, including but not limited to schools, location and sufficiency of law enforcement, crime rate, proximity of registered offenders or felons, fire service and protection, and other governmental services; availability, sufficiency and cost of any wired or wireless internet connections, or any other telecommunications or technology services; proximity to industrial, commercial, or agricultural activities; existing and proposed construction, development, and transportation that may affect noise, traffic, or view; airport noise, or noise or odor from any source; domestic and wild animals; other nuisances, circumstances, or hazards; cemeteries; condition of any facilities or common areas; conditions and influences of significance to certain cultures and/or religions; and personal needs, preferences, and requirements of Tenant. 23. NOTICE. Any notice required or permitted under this lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: _____________________________________ _____________________________________ _____________________________________ © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7 _____________________________________ If to Tenant to: _____________________________________ _____________________________________ _____________________________________ _____________________________________ Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other Party. 24. ADDITIONAL PROVISIONS. ___________________________________________________________________________ ___________________________________________________________________________ [Instruction: Insert any additional provisions required and agreed by the Parties] 25. ENTIRE AGREEMENT. This document constitutes the entire agreement between the Tenant and Landlord. This Agreement cannot be modified except in writing and must be signed by all Parties. Neither Landlord nor Tenant has made any promises or representations, other than those set forth in this Agreement and those implied by law. The failure of Tenant or their guests or invitees to comply with any term of this Agreement is a ground for termination of the tenancy, with appropriate notice to Tenant and procedures as required by law. IN WITNESS WHEREOF, the said Parties hereto have hereunto set their hands and seals as of the date first here above written. _____________________________________ [Instruction: Insert Signature of Landlord] _____________________________________________ [Instruction: Insert typed/printed name of Landlord] ___________________________________ [Instruction: Insert Signature of Tenant] ___________________________________________ [Instruction: Insert typed/printed name of Tenant] © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 8 EXHIBIT-A [Instruction: Insert the legal description of the property] © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 9
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