Residential Lease Agreement

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Residential Lease Agreement Powered By Docstoc
					This Residential Lease Agreement is used by a landlord to lease a residential property
to a tenant. This document contains the material terms of the lease agreement
including the rent amount, the term of the tenancy, security deposit, and various tenant
and landlord covenants. The agreement can provide for tenancy to last month to month
or year to year. This document provides standard clauses commonly used in lease
agreements, but it may be customized to ensure that the specific understandings of the
parties are properly set forth. This lease agreement is intended for use by a landlord
when entering into a residential lease.
                         RESIDENTIAL LEASE AGREEMENT
This Residential Lease Agreement (this “Agreement”) is hereby made, in duplicate, on this ____
day of _____, _______ by and between __________________ (“Landlord”) and
___________________ (“Tenant”).

WITNESSETH, that, in consideration of the rents, covenants, and agreements hereinafter
reserved on the part of Tenant, its heirs, executors, administrators, successors, and assigns to be
paid, observed, and performed, Landlord hereby leases unto Tenant, its heirs, executors,
administrators, successors, and assigns for use and occupation as residential premises and for no
other purpose, all those certain premises known municipally as _____________________ (the
“Premises”) upon the following terms and conditions:

1.00 To have and to hold the Premises for and during the term of __________ (____)
months/years beginning on the ____ day of _____, ______ and ending on the _____ day of
_____________, 20____ (the “Term”).

2.00 Yielding and paying unto Landlord during the said Term the sum of ________________
dollars ($__________) to be payable, in equal consecutive monthly installments of
______________ dollars ($__________), in advance of the ______ (___) day of each and every
month during the said Term.

3.00 Tenant covenants and agrees to deliver rent payments to Landlord by the date due. If rent
payments are not received by the date due, a collection charge of ________ dollars ($_____), in
addition to the monthly rent, shall become due and payable on the ______ (__) day after the due
date. In addition, for each check not honored by the financial institution upon which it is drawn,
a collection charge of __________ dollars ($_______), in addition to the monthly rent shall,
become immediately due and payable.

4.00 Landlord and Tenant mutually covenant and agree that whenever, in this Agreement,
notice is required to be given by either Landlord or Tenant to the other, the same shall be in
writing and, except as otherwise provided, be deemed sufficiently given if mailed postage
prepaid and registered mail to Tenant at the Premises and to Landlord at:
______________________. Notice so given shall be deemed received by the addressee on the
______ postal delivery day following the date on which it is so mailed.

5.00 Tenant covenants and agrees to pay rent, maintain the Premises in an ordinary state of
cleanliness, and repair any damage caused to the Premises by its willful or negligent conduct or
that of persons Tenant permits to be on the Premises. Tenant further covenants that, upon
termination of this Agreement, Tenant shall leave the Premises in an ordinary state of cleanliness
and in the same condition as now exists, reasonable wear and tear excepted.

6.00 Tenant covenants and agrees that it shall be Tenant’s sole responsibility to pay for the
following utilities required for the Premises: _____________________. Tenant further
covenants and agrees to hold Landlord harmless for all accounts aforesaid including arrears and
penalties thereof.



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7.00 Tenant covenants and agrees that it shall promptly notify Landlord of any repairs
required to be made by Landlord and that Landlord shall be permitted to enter the Premises for
the purposes of viewing and making any such repairs. Landlord shall be permitted a reasonable
time within which to make any such repairs that are necessary.

8.00 Tenant covenants and agrees not to assign or sublet this Agreement without written
permission of Landlord.

9.00     Landlord covenants with Tenant for quiet enjoyment.

10.00 Tenant covenants and agrees that it shall not, at any time during the Term, use or permit
the use of the Premises for any business or for any purpose other than as its own residential
Premises and shall not permit a nuisance to occur with respect to the use of the Premises.

11.00 Tenant covenants and agrees that, in the event the Premises are abandoned or vacated by
Tenant, Landlord, in addition to all other rights, shall have the right to enter the Premises, re-let
the Premises, and receive the rent there for; provided that, if the rent hereunder is overdue and
the Premises are vacant, it shall be presumed that Tenant has vacated or abandoned the Premises
and Landlord shall be entitled to take immediate possession thereof. Nothing in this Agreement
and no entry made by Landlord hereunder shall in any way release Tenant for payment of the
rent hereby reserved during the Term hereof beyond such sum as may be realized by Landlord by
the re-letting hereinbefore allowed.

12.00 Tenant covenants and agrees that Landlord shall not be liable or responsible in any way
for:

         (a)      Any personal injury or death that may be sustained by Tenant, members of its
                  family, guests, visitors, and invitees or any other person who may be upon the
                  Premises;

         (b)      Any loss, theft of, or damage or injury to any property, including motor vehicles
                  and the contents thereof, which may be in or about the Premises; without limiting
                  the generality of the foregoing, such damage shall include any damage caused to
                  any property situated in or about the Premises from gas, water, steam, water
                  works, rain, or snow that may issue or flow from any part of the Premises,
                  Landlord’s property, from the pipes or plumbing works of same, or from any
                  other place or quarter;

         (c)      Any damage caused by or attributable to the condition or arrangement of any
                  electrical or other wiring;

         (d)      Any damage caused by anything done or omitted to be done by Landlord; or

         (e)      Any loss or spoilage of food on account of the failure or impairment of the
                  electrical system.



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Tenant hereby releases and forever discharges Landlord, its successors, and assigns, from all and
any actions, claims, and demands for damages, including exemplary or punitive damages, loss,
or injury, however arising, which may hereafter be sustained by Tenant or its personal property.

13.00 Tenant further covenants and agrees to give Landlord prompt written notice of any
accident or other defect in the water pipes or heating apparatus, telephone or electric wiring or
lighting or to any other part of the Premises of which Tenant is aware or ought to have been
aware of by reason of its use and occupation of the Premises.

14.00 Tenant covenants and agrees that it shall not do or permit to be done or keep or permit to
be kept anything in the said Premises that may in any way increase the risk of fire or the rate of
fire insurance on the Premises or conflict with any of the rules and ordinances of the Board of
Health or with any state, federal, or municipal law.

15.00 Tenant covenants and agrees that it shall be liable for any damage done by reason of
water left running from the taps inside the Premises or from gas permitted to escape therefrom.
Tenant further covenants and agrees that the water closets and other water apparatus shall not be
used for any purpose other than those for which they were constructed and no sweepings,
garbage, rubbish, ashes, or other substances shall be thrown therein. Any damage resulting to
same from misuse or unusual or unreasonable use shall be borne by Tenant. Tenant further
covenants and agrees that it shall be liable for any misuse of the heating, plumbing, or electrical
systems situated in or on the Premises.

16.00 Tenant and Landlord covenant and agree that neither of them shall, during the occupancy
of the Premises by Tenant, alter or cause to be altered the locking system of any door giving
entry to the Premises, except by mutual consent. Altering the locking system includes the
installation or change of additional locks to any door giving entry to the Premises.

17.00 Tenant covenants and agrees that it shall not make or cause to be made any alterations,
additions, or improvements or install or cause to be installed any fixtures without the prior
written consent of Landlord. Any addition or improvement made or fixtures installed with the
prior written consent of Landlord shall be of first-class quality, installed at the sole expense of
Tenant, and become the property of Landlord as part of the reversion upon termination of this
Agreement.

18.00 Tenant covenants and agrees that it shall not, without the prior written consent of
Landlord, which consent may not be arbitrarily withheld, erect or cause to be erected on the
Premises or any part thereof any television, radio antenna, or any other device or apparatus of
similar purpose. Tenant further covenants and agrees that, if any such television, radio antenna,
device, or apparatus is erected on the building with the consent of Landlord, Tenant shall, at its
own expense, upon the termination of this Agreement or any renewal thereof, repair any damage
done to the Premises by reason of the erection, maintenance, removal thereof and shall
indemnify and hold harmless Landlord, its servants, and agents from all liability for damages to
persons or property resulting from the erection, maintenance or removal thereof.




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19.00 Tenant covenants and agrees that if it intends to terminate this Agreement at the end of
the Term hereby created, notice of such intention shall be given in writing by Tenant to Landlord
not later than _____ (___) days prior to the expiration of the said Term; provided that, if Tenant
remains in occupation of the Premises after the expiration of the Term, without a written
agreement, and no such notice has been given, Tenant shall thereafter not be deemed to be a
tenant from year to year, but rather, shall be a monthly tenant at a rent equivalent to the monthly
payment of rent herein provided for plus _______________ dollars ($__), payable in advance,
and all the terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy.

20.00 Tenant covenants and agrees that, upon written notice of termination of this Agreement,
Landlord shall have the right, at reasonable times, to enter and show the Premises to prospective
tenants and, should Landlord list the property for sale, it shall have the right to erect signs to that
end, and, thereafter, shall have the right, at reasonable times, to enter and show the Premises to
prospective purchasers. Otherwise, except in cases of emergency and except where the consent
of Tenant is given at the time of entry, Landlord shall not exercise a right to enter the Premises
unless it has first given written notice to Tenant at least ____ (___) hours before the time of entry
specified in the notice.

21.00 Tenant covenants and agrees that if it is legally obligated to vacate the Premises and fails
to so do, thereby causing Landlord to be liable hereunder, Tenant shall indemnify Landlord for
all losses suffered by reason of its failure to vacate.

22.00 Tenant covenants and agrees that no sign, advertisement, or notice shall be inscribed,
painted, or affixed in any way on any part of the outside of the Premises whatever.

23.00 Tenant covenants and agrees that all glass, locks and trimmings in or upon the doors and
windows of the Premises shall be kept whole; and whenever any part thereof shall become lost or
broken, the same shall be immediately replaced or repaired by Tenant under the direction and to
the satisfaction of Landlord; and the cost of such replacements and repairs shall be borne by
Tenant.

24.00 Tenant covenants and agrees that it shall be responsible for any damage to the Premises
caused by moving furniture in or out of the said Premises.

25.00 Tenant covenants and agrees that it shall keep no animals, birds, fish, or pets of any kind
whatsoever in or about the Premises without the prior written consent of Landlord, which
consent may not be arbitrarily withheld.

26.00 Landlord shall have the right to make reasonable rules and regulations as in its judgment
may from time to time be necessary for the safety, care, and cleanliness of the Premises and for
the preservation of good order therein and the same shall be kept and observed by Tenant, its
family, visitors, guests, servants, and agents.

27.00 The parties agree that any changes to this Agreement shall be in writing and signed by
both parties, and no conditions of this Agreement shall be construed as a waiver of any other
condition.



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28.00 Landlord covenants with Tenant that Landlord shall pay all taxes during the term herein.

29.00 This Agreement is subject in all respects to the applicable provisions of
______________.

30.00 This Agreement shall be construed and governed by the laws of the State of __________.
Should any provision or provisions of this Agreement be illegal or unenforceable, it or they shall
be considered separate and severable from the Agreement and the remaining provisions and
conditions shall remain in force and be binding upon the parties hereto as though said provision,
provisions, or conditions had never been included.

31.00 Whenever, throughout this Agreement, there is mention of or reference to Landlord or
Tenant, such mention or reference shall be deemed to extend to and include the heirs, executors,
administrators, successors, and assigns of Landlord and of Tenant and to sub-tenants of Tenant
as the case may be. If Landlord or Tenant shall be a female or if there be more than one
Landlord or Tenant, the pronouns used throughout shall be taken to be altered accordingly.

IN WITNESS WHEREOF, the parties hereto have hereby executed this Agreement as of the date
first above written.


____________________________                            __________________________________
Witness:                                                Tenant

____________________________                            __________________________________
Witness:                                                Landlord




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                       RECEIPT OF TENANCY AGREEMENT
The undersigned hereby acknowledges receiving a duplicate original copy of the above
Agreement on this _______ day of ____________, 20______.


                                               __________________________________
                                               Tenant




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DOCUMENT INFO
Description: This Residential Lease Agreement is used by a landlord to lease a residential property to a tenant. This document contains the material terms of the lease agreement including the rent amount, the term of the tenancy, security deposit, and various tenant and landlord covenants. The agreement can provide for tenancy to last month to month or year to year. This document provides standard clauses commonly used in lease agreements, but it may be customized to ensure that the specific understandings of the parties are properly set forth. This lease agreement is intended for use by a landlord when entering into a residential lease.
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