Rental Agreement

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									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



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              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


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       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


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       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.


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 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
                                                    )




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                        RECEIPT OF RENTAL AGREEMENT:

               THE UNDERSIGNED hereby acknowledges receiving a duplicate original copy
of the herein Agreement this _______ day of ____________, 20______.



                                                  Tenant




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