Missouri Temporary Residential Lease - Occupied by Purchaser

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Missouri Temporary Residential Lease - Occupied by Purchaser Powered By Docstoc
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                             This Temporary Residential Lease can be used by a purchaser of property located in
                             Missouri who wishes to occupy the property prior to closing. Purchasers may need to lease
                             property prior to closing when their existing leases have expired and they negotiate with the
                             existing owner to establish short term tenancies. Temporary Residential Lease
                             Agreements are for short-term leases up to 90 days. The seller becomes the landlord and
                             the purchaser becomes the tenant in this transaction. This document contains the material
                             terms of the agreement including the parties' names, a property description, rental amount
                             and the term of the lease. It can be customized to fit the specific needs of the contracting
                             parties.
             ®




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     NOTICE: For use only when Purchaser occupies the property for no more than 90 days PRIOR
                                           to closing.

              TEMPORARY RESIDENTIAL LEASE (OCCUPIED BY PURCHASER)

     STATE OF Missouri

     COUNTY OF __________________________

1.   PARTIES.

        The parties to this lease are _____________________________ [Instruction: Insert the
        name of landlord], having place of residence at _____________________________
        [Instruction: Insert the address of landlord] (hereinafter “Landlord”), and
        ________________________________ [Instruction: Insert the name of tenant], having
        place of residence at _____________________________ [Instruction: Insert the address of
        tenant] (hereinafter “Tenant”). Landlord and Tenant may individually be referred to as
        “Party” or collectively as the “Parties”.

2.   LEASE.

        Landlord leases to Tenant the property described in the contract between Landlord as seller
        and Tenant as purchaser dated ____ [Month] ____ [Date], 20____, and known as
        ___________________________________________________________________________
        ___________________________________________________________________________
        ___________________________________________________________________________
        ___________________________________________________________________________

        [Instruction: Insert the address of property].

3.   TERM.

        The term of this lease commences on ____ [Month] ____ [Date], 20____ [Instruction:
        Insert the commencement term of the lease] and terminates as specified in Paragraph 18.

4.   RENTAL.

        Rental will be ________ ($___) per day [Instruction: Insert the rent by researching local
        rental market, e.g., fifty dollars ($50)]. Upon commencement of this lease, Tenant shall
        pay to Landlord the full amount of rental of ________ ($___) [Instruction: Insert the full
        rental amount, e.g., one thousand dollars ($1,000)] per day for the anticipated term of the
        lease (commencement date to the closing date specified in Paragraph 18a of the contract). If
        the actual term of this lease differs from the anticipated term, rent will be prorated and paid at
        closing through the actual closing date. No portion of the rental will be applied to payment of
        any items covered by the contract.




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5.   SECURITY DEPOSIT.

     1. Tenant has paid to Landlord ________ ($___) [Instruction: Insert the security deposit, e.g.,
        five hundred dollars ($500)] as a deposit to secure performance of this lease by Tenant. If
        this lease is terminated before the closing, Landlord may use the deposit to satisfy Tenant's
        obligations under this lease. Landlord shall refund to Tenant any unused portion of the
        deposit together with an itemized list of all deductions from the deposit within Twenty (20)
        days as per Section 14, Title 25- Landlord and Tenant, Chapter 55, of Missouri Code, after
        Tenant:

        a. surrenders possession of the property; and

        b. Provides Landlord written notice of Tenant’s forwarding address.

        NOTICE: The security deposit must be in addition to the earnest money under the contract.

6.   UTILITIES.

        Tenant shall pay all utility connections, deposits and charges except

        ___________________________________________________________________________
        ___________________________________________________________________________
        [Instruction: Insert the utility charges payable by Landlord], which Landlord shall pay.

7.   USE OF PROPERTY.

        Tenant may use the Property only for single-family dwelling purposes. Tenant may not
        assign this lease or sublet any part of the property.

8.   PETS.

        [Instruction: Choose any one option]

        Tenant shall be entitled to keep no more than ___________ (___) [[Instruction: Insert the
        number of pets allowed, e.g., two (2)] domestic dogs, cats or birds. [Instruction: Choose
        this clause if tenant is entitled to keep pets in the premises]

                                                        Or

        Tenant agrees that no animals, birds, or 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]

9.   CONDITION OF PROPERTY.

        Tenant accepts the property in its present condition and state of repair, but Landlord shall
        make all repairs and improvements required by the contract. If this Lease is terminated prior
        to closing, Tenant shall surrender possession of the property to Landlord in its present
        condition, as improved by Landlord, except normal wear and tear and any casualty loss.


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10.   ALTERATIONS.

         Tenant may not:

         a. make any holes or drive nails into the woodwork, floors, walls or ceilings;

         b. alter, paint or decorate the property; or

         c. install improvements or fixtures without the prior written consent of Landlord. Any
            improvements or fixtures placed on the property during the lease become a part of the
            property.

11.   SPECIAL PROVISIONS. (Optional)

         ___________________________________________________________________________
         ___________________________________________________________________________

         [Comment: Choose this clause if the Parties want to add any special provisions
         regarding this Lease]

12.   INSPECTIONS.

         Landlord may enter at reasonable times to inspect, replace, repair or complete the
         improvements.

13.   LAWS.

         Tenant shall comply with all applicable laws, restrictions, ordinances, rules and regulations
         with respect to the property.

14.   REPAIRS AND MAINTENANCE.

         Tenant shall bear all expense of repairing and maintaining the property, including but not
         limited to the yard, trees and shrubs, unless otherwise required by state law. Tenant shall
         promptly repair at Tenant's expense any damage to the property caused directly or indirectly
         by any act or omission of the Tenant or any person other than Landlord, Landlord's agents or
         invitees.

15.   INDEMNITY.

         Tenant indemnifies Landlord from the claims of all third parties for injury or damage to the
         person or property of such third party arising from the use or occupancy of the property by
         Tenant. This indemnification includes attorney's fees, costs and expenses incurred by
         Landlord.

16.   INSURANCE.

         Landlord and Tenant shall each maintain such insurance on the contents and property as each
         Party may deem appropriate during the term of this lease. [Comment: Consult Your


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         Insurance Agent Prior to Closing]. Possession of the property by purchaser as Tenant may
         change insurance policy coverage.

17.   DEFAULT.

         If Tenant fails to perform or observe any provision of this lease and fails, within
         ____________ hours [◊ Instruction: Insert number of hours required by Tenant to fulfill
         obligation of Landlord, e.g., twenty four (24)] after notice by Landlord, to commence and
         diligently pursue to remedy such failure, Tenant will be in default.

18.   TERMINATION.

         This lease terminates upon:

         a. closing of the sale under the contract;

         b. termination of the contract prior to closing;

         c. Tenant’s default under this lease; or

         d. Tenant’s default under the contract, whichever occurs first.

         Upon termination other than by closing of the sale, Tenant shall surrender possession of the
         property.

19.   HOLDING OVER.

         Any possession by Tenant after termination creates a tenancy at sufferance and will not
         operate to renew or extend this lease. Tenant shall pay per day during the period of any
         possession after termination as damages, in addition to any other remedies to which Landlord
         is entitled.

20.   ATTORNEY’S FEES.

         The prevailing Party in any legal proceeding brought under or with respect to the transaction
         described in this lease is entitled to recover from the non-prevailing Party all costs of such
         proceeding and reasonable attorney's fees.

21.   SMOKE DETECTORS.

         State law may require Landlord to install smoke detectors in certain locations within the
         property at Landlord’s expense. Tenant expressly waives Landlord’s duties, if any, to inspect
         and repair smoke detectors.

22.   SECURITY DEVICES.

         State law may impose on Landlord certain duties related to security devices at Landlord’s
         expense. In some states, such obligations do not apply to leases with a term of 90 days or
         less. Tenant expressly waives Landlord’s duties, if any, related to security devices.


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23.   NOTICES.

         Except as otherwise provided herein, all notices and approvals hereunder shall be in writing
         and, except as each Party may change its address pursuant hereto, addressed to the Parties as
         follows:

         To Landlord:

         Name                ______________________________

         Address             ______________________________

                             ______________________________

                             ______________________________

         To Tenant:

         Name                ______________________________

         Address             ______________________________

                             ______________________________

                             ______________________________

24.   GOVERNING LAW.

         This agreement shall be construed and governed according to the laws of state of Missouri.

         EXECUTED the ____ [Month] ____ [Date], 20____.

         ______________________________                      __________________________________

      [Instruction: Insert the signature of Landlord] [Instruction: Insert the signature of Tenant]

         ________________________________                    __________________________________

      [Instruction: Insert the address of Landlord]          [Instruction: Insert the address of Tenant]




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Description: This Temporary Residential Lease can be used by a purchaser of property located in Missouri who wishes to occupy the property prior to closing. Purchasers may need to lease property prior to closing when their existing leases have expired and they negotiate with the existing owner to establish short term tenancies. Temporary Residential Lease Agreements are for short-term leases up to 90 days. The seller becomes the landlord and the purchaser becomes the tenant in this transaction. This document contains the material terms of the agreement including the parties' names, a property description, rental amount and the term of the lease. It can be customized to fit the specific needs of the contracting parties.
This document is also part of a package Essential Missouri Legal Documents 145 Documents Included