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Rental Agreement - Week to Week

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Rental Agreement - Week to Week Powered By Docstoc
					This document provides a template week to week rental agreement between a landlord
and tenant and should be used for a private residence, a room within a private
residence, or a weekly vacation rental. The agreement sets forth the key terms and
policies governing the rental of the premises and contains provisions common to other
rental agreements, such as the term of the lease, the amount of rent, and covenants
made by both the tenant and landlord. This document is intended for use by landlords
or property owners and can be modified to fit the landlord’s individual needs.
                              RENTAL AGREEMENT
                                WEEK TO WEEK
      THIS RENTAL AGREEMENT made in duplicate as of the ___ day of _________,
20____ [Instruction: Insert date of Rental Agreement],

BETWEEN:

                                      ___________________________,
                                      [Instruction: Insert Landlord’s Name]
                                      (hereinafter “Landlord”),

OF THE FIRST PART,

                                                AND

                                      ___________________________,
                                      [Instruction: Insert Tenant’s Name.]
                                      (hereinafter “Tenant”),

OF THE SECOND PART (hereinafter the “Agreement”).

        WITNESS that in consideration of the rents, covenants, and agreements hereinafter
reserved and contained on the part of Tenant, his/her heirs, executors, administrators, successors,
and assigns to be paid, observed and performed, Landlord hereby leases unto Tenant, his/her
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:
_____________________ [Instruction: Insert address of property. Note, if only a portion of
the property is being rented, please indicate the portion to be rented (for example, “the
entire first floor of Bear Cottage, located at 1 Goldilocks Lane, Story Lane, Fairytaleville
11111)] (hereinafter the “Premises”) upon the following terms and conditions:

1.            To have and to hold the Premises for and during the term of one week,
       commencing on the _____ day of _____________, 20____ [Instruction: Insert rental
       start date] and continuing onward on a week-to-week basis (hereinafter the "Term").

2.            During the Term, Tenant shall pay the sum of ________________ dollars
       ($_____) [Instruction: Insert written dollar amount followed by numerical dollar
       amount in parentheses] per week (hereinafter the “Rent”). Such Rent shall be payable
       in equal consecutive weekly installments, each payable in advance on Friday of each
       week, and delivered to ________________ [Instruction: Insert name and address of
       person to receive rent check]. One week’s notice shall be given on or before the Friday
       of each week that the lease shall terminate at the end of the following week. If Tenant
       remains in occupation of the Premises after the expiration of the Term without a written
       agreement and notice, as provided for herein has not been given, he/she shall be deemed
       to have continued the lease for another term of one week.



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3.           Tenant covenants and agrees to deliver Rent to Landlord by the date due. If Rent
      not received by the date due, a late charge of ________ dollars ($_____) [Instruction:
      Insert late charge amount], in addition to the weekly Rent will immediately become
      due and payable. In the event that any payment by Tenant is returned for insufficient
      funds (“NSF”) or if Tenant stops payment, Tenant will pay _____ dollars ($__)
      [Instruction and Comment: Insert dollar amount to be paid for returned checks;
      Amount should be reasonably related to amount to be charged by Landlord’s bank
      for such fee] to Landlord for each such check, plus late fees as described herein, until
      Landlord has received payment in full. Further, Landlord may require in writing that
      Tenant pay Rent in cash for three months, and that all future Rent payments shall be
      remitted by Tenant to Landlord by money order or cashier's check.

4.           Landlord and Tenant mutually covenant and agree that whenever notice is
      required to be given by either Landlord or Tenant to the other pursuant to the terms of
      this Agreement, the same shall be in writing and, except as otherwise provided, be
      deemed to be sufficiently given if mailed postage prepaid and registered mail to Tenant at
      the Premises and to Landlord at: ______________________ [Instruction: Insert
      Landlord’s address to receive notice]. Notice so given shall be deemed received by the
      addressee on the fourth postal delivery day following the date on which it is mailed.

5.            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 his/her wilful or
      negligent conduct or that of persons who are permitted on the Premises by him/her.
      Tenant further covenants to leave the Premises in an ordinary state of cleanliness upon
      termination of this Agreement in the same condition as now exists, reasonable wear and
      tear excepted.

6.            Tenant covenants and agrees that it shall be his/her sole responsibility to pay for
      all heat, water, gas, electric, internet, cable, and telephone charges required for the
      Premises and Tenant further covenants and agrees to hold Landlord harmless for all
      accounts aforesaid including arrears and penalties thereof. [Comment: Remove any
      utility charges from list which will be provided for by Landlord]

7.            Tenant covenants and agrees that he/she shall promptly notify Landlord of any
      repairs required to be made by Landlord and, subject to the applicable provisions of state
      and local law, Landlord shall be permitted to enter the Premises for the purposes of
      viewing and making any such necessary repairs. Landlord shall be permitted a
      reasonable time within which to make any such repairs that are necessary.

8.           Tenant covenants and agrees not to assign or sublet this lease except as otherwise
      permitted by law.

9.           Landlord covenants with Tenant for quiet enjoyment.

10.          Tenant covenants and agrees that he/she will 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 his/her


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      own residential Premises and will not permit a nuisance to occur with respect to the use
      of the Premises.

11.          Tenant covenants and agrees that, in case the Premises shall be abandoned or
      vacated by Tenant, Landlord, in addition to all other rights provided pursuant to
      applicable law and all other rights hereby reserved, shall have the right to enter the
      Premises as the agent of Tenant, either by force or otherwise, without being liable for any
      prosecution therefor, and to re-let the Premises as agent of Tenant, and to receive the
      Rent therefor; PROVIDED that, if the Rent hereunder is overdue and the Premises are
      vacant, it shall be presumed that Tenant has vacated or abandoned the premise and
      Landlord shall be entitled to take immediate possession thereof. Nothing in this
      Agreement contained 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.          Tenant covenants and agrees that, except as required by law, Landlord is not in
      any event liable or responsible for:

            (a)   Any personal injury or death that may be sustained by Tenant, members of
                  his/her family, his/her 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 situate in or about the Premises from gas,
                  water, steam, water works, rain, or snow which may issue or flow from any
                  part of the Premises, Landlord's property, the pipes or plumbing works of the
                  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.
            (f)   And Tenant hereby releases and forever discharges Landlord, his/her
                  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 his/her personal
                  property.

13.           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 his/her use and occupation of the Premises.

14.           Tenant covenants and agrees that he/she shall not do, nor permit anything to be
      done, in the said Premises or bring or keep anything therein that will in any way increase


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      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 statute or municipal by-law.
      Tenant shall take out and keep in force during the said Term, or any extension or renewal
      thereof, insurance upon his/her contents and property for damage and public liability in
      an amount equal to or greater than ______ dollars ($)_________ [Instruction: Insert
      minimum permitted insurance amount] and shall provide proof thereof to Landlord if
      requested.

15.           Tenant covenants and agrees that he/she shall be liable for any damage done by
      reason of water left running from the taps in the Premises or from gas permitted to escape
      therein. 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 he/she shall be
      liable for any misuse of the heating, plumbing, or electrical systems situated in or on the
      Premises.

16.          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 of additional locks or electronic security systems to any
      door giving entry to the Premises.

17.           Tenant covenants and agrees that he/she will 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, and any addition or improvement made or
      fixtures installed with the prior written consent of Landlord shall be of first class quality,
      installed and maintained at the sole expense of Tenant and become the property of
      Landlord as part of the reversion upon termination of this lease. Landlord shall have no
      further obligation to Tenant with respect to payment for any such improvements or
      fixtures.

18.           Tenant covenants and agrees that he/she will not, without the prior written
      consent of Landlord, which consent may be arbitrarily withheld, erect or cause to be
      erected on the Premises or any part thereof any television or radio antenna or any other
      device or apparatus of similar purpose. Tenant further covenants and agrees that, if any
      such television or radio antenna, device, or apparatus is erected on the building with the
      consent of Landlord, Tenant will, at his/her 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, or removal thereof and will indemnify and save harmless
      Landlord, his/her servants, or agents from all liability for damages to persons or property
      as a result of the erection, maintenance, or removal thereof.

19.         Tenant covenants and agrees that, upon written notice of termination of this
      Agreement being given, Landlord shall have the right, at reasonable times, to enter and


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      show the Premises to prospective tenants. In the event Landlord lists the property for
      sale, he/she 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.

20.          Tenant covenants and agrees that if he/she is obliged to vacate the Premises on or
      before a certain date and Landlord has sold or has entered into a lease with a third party
      to rent the Premises after such date and Tenant fails to vacate the Premises thereby
      causing Landlord to be liable thereunder, Tenant shall indemnify Landlord for all losses
      suffered by reason of his/her failure to vacate.

21.           Tenant covenants and agrees that Tenant shall not inscribe, paint, or affix any
      sign, advertisement, or notice on or to any part of the outside of the Premises.

22.          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.

23.          Tenant covenants and agrees that he/she will be responsible for any damage to the
      Premises caused by moving furniture in or out of the said Premises.

24.          Tenant covenants and agrees that he/she 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 be arbitrarily withheld.

25.           Landlord shall have the right to make reasonable rules and regulations as in
      his/her judgment may from time to time be necessary for the safety, maintenance, and
      cleanliness of the Premises and for the preservation of good order therein and same shall
      be kept and observed by Tenant, his/her family, visitors, guests, servants, and agents.
      Such rules and regulations adopted by Landlord from time to time are hereby made a part
      of this Agreement and Tenant's failure to keep and observe such rules and regulations
      shall constitute default under this Agreement in such manner as if the same were
      contained herein as covenants of Tenant. Landlord shall have the right to make
      reasonable changes to such rules and regulations, and shall provide written notice of any
      such changes to Tenant.

26.          It is understood and agreed between Landlord and Tenant that all changes in or
      waiver to any part of this Agreement shall be in a writing executed by both parties.

27.                       This Agreement shall be construed and governed by the laws of the
      State of __________ [Instruction: Insert name of State]. Should any provision or


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      provisions of this Agreement and/or its conditions therein be illegal or not enforceable, it
      or they shall be considered separate and severable from the Agreement and its remaining
      provisions and conditions shall remain in force and be binding upon the parties hereto as
      though said provision or provisions or conditions had never been included.

28.          Whenever in this Agreement there is any mention of or references 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 as the case
      may be, and 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.


________________________
Landlord


________________________
Tenant




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                 RECEIPT OF RENTAL AGREEMENT:
                              I, the UNDERSIGNED, hereby acknowledge receiving a duplicate
original copy of the herein Rental Agreement this _______ day of ____________, 20______.
[Instruction: Insert date fully executed original duplicate provided to Tenant]



             ________________________
                                                    Tenant




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DOCUMENT INFO
Description: This document provides a template week to week rental agreement between a landlord and tenant and should be used for a private residence, a room within a private residence, or a weekly vacation rental. The agreement sets forth the key terms and policies governing the rental of the premises and contains provisions common to other rental agreements, such as the term of the lease, the amount of rent, and covenants made by both the tenant and landlord. This document is intended for use by landlords or property owners and can be modified to fit the landlord’s individual needs.
This document is also part of a package Residential Landlord Toolkit 21 Documents Included