Residential Lease Agreement
(Month-to-Month Term)
ocstoc Legal Agreements
This Residential Lease Agreement on a month-to-month term is intended to
be used by a landlord to rent a rental property to a tenant. Rent is payable
monthly, and the lease can be changed or ended by either the landlord or the
tenant after giving some notice It is customizable so that you can set your
own additional terms or stay with the standard terms set out.
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Entire document © Docstoc, Inc., 2010, 2011
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Attorney Drafted
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
Tennessee, 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 terminate the tenancy by giving the other thirty (30) days written notice of an
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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 (◊ $10)] in
addition to the monthly rent will immediately become due and payable. In addition,
for each check not honoured by the bank or trust company upon which it is drawn, a
collection charge of __________ ($_______) [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 one (1) 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.
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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.
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;
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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.]
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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 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
___________ (___) [Instruction: Insert the time period e.g. twenty four (◊ 24)]
hour 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-
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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]
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
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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.
18. UTILITIES
Tenant shall be responsible for arranging for and paying for all utility services
required on the Premises except ____________________.
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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 Tennessee.
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.
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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: _____________________________________
_____________________________________
_____________________________________
_____________________________________
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.
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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]
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EXHIBIT-A
[Instruction: Insert the legal description of the property]
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Note: Carefully read and follow the Instructions and Comments contained in this document for
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