This document provides a template rental agreement between a landlord and tenant and should be used for residential properties. 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 numerous covenants made by both the tenant and landlord. This form contains both standard clauses and opportunities for the use of optional terms and conditions making it fully customizable to fit the needs of the contracting parties.
Residential Rental Agreement Template This document provides a template rental agreement between a landlord and tenant for a residential property. 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 numerous covenants made by both the tenant and landlord. This form contains both standard clauses and opportunities for the use of optional terms and conditions making it fully customizable to fit the needs of the contracting parties. RENTAL AGREEMENT This Rental Agreement (the “Agreement”), made on this _____ day of ______, ______ by and between ______________________ [Instruction: Insert Tenant’s Name] (“Tenant”) and _________ [Instruction: Insert Landlord’s Name] (“Landlord”), provides that for consideration of the covenants, mutual promises, and conditions hereinafter set forth, Landlord and Tenant agree to the following terms and conditions as regards the property described as _______________________ (the “Premises”): 1. To have and to hold the Premises for and during the term of __________ (____) months/years [Instruction: Insert term, delete inapplicable language] to be computed from the _____ day of _____________, 20____, [Instruction: Insert term start date] (the "Term"). 2. Paying Landlord during the said Term the sum of ________________ dollars ($__________) [Instruction: Insert rent] (“Rent”) to be payable in equal consecutive monthly installments, in advance, on the ______ (___) [Instruction: date rent due] day of each and every month during the said Term. 3. Tenant covenants and agrees to deliver Rent to Landlord by the date due. If Rent is not received by the date due, a collection charge of ________ dollars ($_____) [Instruction: Insert collection charge amount], in addition to the Rent, will immediately become due and payable. Further, for each check not honored by the financial institution upon which it is drawn, a collection charge of __________ dollars ($_______) [Instruction: Insert collection charge amount], in addition to the Rent, will become immediately due and payable. 4. Landlord and Tenant mutually covenant and agree that whenever, pursuant to this Agreement, notice is required to be given by either Landlord or Tenant to the other, such notice 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: _____________________ or as otherwise stated in the future in writing by Landlord [Instruction: Insert Landlord’s address]. Notice so given shall be deemed been received by the addressee on the ______ (__) 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 willful or negligent conduct or that of persons who are permitted on the Premises by Tenant. 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, electric, water gas, cable, and telephone charge required for the Premises and Tenant further covenants and agrees to hold Landlord harmless for all accounts aforesaid including arrears and penalties thereof. [Option: This language can be changed to have Landlord pay some or all of these items. Landlord should ensure state law permits Tenant to be charged for each of these utilities] At the end of the Term of this Agreement, Tenant shall notify each and all of the utility companies and follow all “shut off” procedures including, but not limited to, having utilities turned over to Landlord’s name and paying any and all amounts due each respective utility. 7. Tenant covenants and agrees that he/she shall promptly notify Landlord of any repairs required to be made by Landlord and that Landlord shall be permitted to enter the Premises for purposes of viewing and making any such necessary repairs. Landlord shall attempt to schedule a mutually convenient time to perform such repairs. Except in cases of emergency, Landlord shall provide a minimum of _____ (___) hours’ notice before making repairs. In cases of emergency, Landlord shall have no obligation to provide notice. Landlord shall be permitted a reasonable time within which to make any such necessary repairs. 8. Tenant covenants and agrees not to assign or sublet this Agreement without Landlord’s written consent. 9. Landlord covenants with Tenant for quiet enjoyment. 10. Tenant covenants and agrees that he/she 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 his/her own residential use and will not permit a nuisance to occur with respect to the use of the Premises. 11. Tenant covenants and agrees that, in the event that the Premises are abandoned or vacated by Tenant, Landlord, in addition to any applicable statutory rights and all other rights hereby reserved, shall have the right to: (a) enter the Premises as the agent of Tenant, either by force or otherwise, without being liable for prosecution therefore and (b) re-let the Premises as agent of Tenant and receive rent therefore, provided that, if the rent hereunder is overdue and the Premises are vacant, it shall be presumed that the Tenants have vacated or abandoned the Premises and the Landlord shall be entitled to take immediate possession thereof. Notwithstanding any entry, Tenant shall remain liable for any Rent, and any applicable collection charges, if any, due under the term of this Agreement, except to the extent Landlord re-lets the Premises. 12. Tenant covenants and agrees that the Landlord is not in any event liable or responsible in any way for: (a) Any personal injury or death 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 therein, which may be in or about the Premises; without limiting the generality of the foregoing, such damage may include any damage caused to 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 © Copyright 2013 Docstoc Inc. 3 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. 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 the 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, permit to be done, or bring or keep 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 statute or municipal by-law. Tenant shall take out and keep in force during the Term, or any extension or renewal thereof, insurance upon his/her contents and property damage and public liability insurance in an amount equal to or greater than ______________ dollars ($_____) [Instruction: Insert minimum insurance amount] and shall provide proof thereof to the 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 thereto from misuse or from 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 or window to the Premises except by mutual consent. Altering the locking system includes the installation of additional locks 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 © Copyright 2013 Docstoc Inc. 4 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 at the sole expense of Tenant, and become the property of Landlord as part of the reversion upon termination of this Agreement. 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 Premises with the consent of Landlord, Tenant will, at his/her own expense, upon 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, and agents from all liability for damages to persons or property resulting from the erection, maintenance, or removal thereof. 19. Tenant covenants and agrees that if it is his/her intention to terminate this Agreement at the end of the Term, written notice of such termination shall be given by Tenant to Landlord not later than _____ (___) days prior to the expiration of said Term, provided that, if Tenant remains in occupancy of the Premises after the expiration of the Term without a written agreement and no such notice has been given, he/she shall not be deemed to be a tenant from year to year, but shall be a monthly tenant at a rent equivalent to the monthly payment of rent herein provided for, plus any increases permitted by law, payable in advance, and all the terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy. 20. Tenant covenants and agrees that, upon giving written notice of termination of this Agreement, Landlord shall: (a) have the right, at reasonable times, to enter and show the Premises to prospective tenants; (b) should Landlord list 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 tenants. 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 which shall be specified in the notice. If, at any time during the Term thereof, Landlord wishes to show the Premises to prospective tenants who wish to lease the Premises and assume the position of Landlord under this Agreement, Tenant will allow Landlord to show the Premises to such prospective tenants upon ______ (___) hour’s written notice to Tenant. 21. 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 an agreement 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. 22. The 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. [Option: Can © Copyright 2013 Docstoc Inc. 5 also state that no sign, advertisement or notice shall be inscribed, painted or affixed in any way on any portion of the inside to be visible from the outside of the Premises] 23. 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. Tenant covenants and agrees that he/she will be responsible for any damage to the Premises caused by moving furniture in or out of same. 25. 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. 26. Landlord shall have the right to make reasonable rules and regulations as in his /her judgment that may from time to time be necessary for the safety, care, and cleanliness of the Premises and for the preservation of good order therein. Such rules and regulations shall be kept and observed by Tenant, his/her family, visitors, guests, servants, and agents. Any rules and regulations adopted by Landlord 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. Landlord shall, within a reasonable time, notify Tenant in writing of any modification or addition to the rules and regulations. 27. It is understood and agreed between Landlord and Tenant that no assent or consent to changes in or waiver of any part of this Agreement in spirit or letter shall be deemed or taken as made, unless the same be done in writing and attached to or endorsed hereon by Landlord. 28. Landlord covenants with Tenant that Landlord will pay all taxes on the Premises during the Term. 29. Tenant hereby agrees that only those parties listed in this Agreement, and any minor children thereof, are permitted to reside at the Premises. Tenant may allow no persons other than Tenant (which for purposes of this paragraph shall only include any minor children of Tenant), other than transient relatives and friends whom are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use. For purposes herein, such transient occupancy shall not exceed ____ (___) calendar days for any such guest in any one instance unless applicable state law defines such transient occupancy as less than the time defined herein. 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. 30. This Agreement is subject in all respects to the applicable provisions of state Landlord- Tenant Law. © Copyright 2013 Docstoc Inc. 6 31. This Agreement shall be construed and governed by the laws of the _______________________. [Instruction: Insert state] Should any provision or provisions of the Agreement and/or its conditions be illegal or not enforceable, 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. 32. Any mention or references to Landlord or Tenant shall be deemed to extend to and include the heirs, executors, administrators, successors, and assigns of Landlord, Tenant, and sub-tenants, if any, 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. IN WITNESS THEREOF, the said parties hereto have executed this Agreement as of the date first here above written. SIGNED ) in the presence of ) ) ) __________________________________ Witness: ) Tenant ) ) __________________________________ Witness: ) Landlord ) © Copyright 2013 Docstoc Inc. 7 RECEIPT OF RENTAL AGREEMENT: THE UNDERSIGNED hereby acknowledges receiving a duplicate original copy of the herein Agreement this _______ day of ____________, 20______. Tenant © Copyright 2013 Docstoc Inc. 8
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