Residential Lease Agreement - Sublease Allowed

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Residential Lease Agreement - Sublease Allowed 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, security deposit, and various tenant and landlord covenants.
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 that permits subleasing.
                   RESIDENTIAL LEASE AGREEMENT
THIS INDENTURE made in duplicate as of the ___ day of _________, 20____. [Instruction:
Insert date Residential Lease Agreement is fully signed unless alternative date agreed to
between parties.]

BETWEEN:

          ___________________________, [Instruction: Insert Landlord’s Name.]

                             (Hereinafter called the “Landlord”),

                                                               OF THE FIRST PART,

                                                And

          _____________________________, [Instruction: Insert Tenant’s Name.]

                               (Hereinafter called the “Tenant”),

                                                            OF THE SECOND PART.


WHEREAS in consideration of the rents, covenants and agreements hereinafter reserved and
contained on the part of the Tenant, his/her heirs, executors, administrators, successors and
assigns to be paid, observed and performed, the Landlord hereby leases unto the 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 to be rented. If only a
portion of an address is to be rented, give a brief description of that portion (for example,
“the entire first floor of that certain property located at 1 Yawkey Way, Boston,
Massachusetts 11111”).] (hereinafter called the “Premises”) upon the following terms and
conditions:

WHEREAS Landlord is the fee owner of the Premises [Comment: If only a portion of an
address is being rented, this sentence should be revised to state that Landlord is the fee
owner of the entire address, if same is true.]

1. To have and to hold the Premises for and during the term of __________ (____)
   months/years [Instruction: Insert length of time lease will be in effect, then choose if
   same is measured in months or years.] commencing on the _____ day of _____________,
   20____, [Instruction: Insert lease start date.] (hereinafter called the “Term”).

2. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to
   Landlord by Tenant in accordance with this Agreement. However, the Security Deposit shall
   not be considered Rent. Tenant shall pay to Landlord _______ ($_______) Dollars
   [Instruction: Insert written amount of rent followed by the numerical amount in
   parentheses.] per month as Rent for the Term of the Agreement. Acceptable forms of
   payment of Rent to Landlord shall be by Tenant’s good check, subject to collection or
   official check issued by any bank, savings bank, trust company or savings and loan
   association, unendorsed and payable to Landlord at Landlord’s address as set forth in this
   Lease. Landlord will apply all funds received from Tenant first to any non-rent obligations
   of Tenant including late charges, returned check charges, charge-backs for repairs, brokerage
   fees, and periodic utilities, then to Rent, regardless of any notations on a check.

3. The Tenant covenants and agrees to deliver Rent to the Landlord by the date due. Due date
   for Rent payment shall be the 1st day of each calendar month and shall be considered
   advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue
   and delinquent on the 2nd day of each calendar month. In the event that the Commencement
   Date is not the 1st of the calendar month, Rent payment remitted on the Commencement
   Date shall be prorated based on a 30-day period. If rental payments are not received by the
   date due, a late charge of ________ ($_____) [Instruction: Insert written dollar amount of
   late charge to be charged followed by numerical amount in parentheses.] Dollars in
   addition to the monthly rent will immediately become due and payable. In the event that any
   payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant stops payment,
   Tenant will pay __________ ($__) [Instruction and Comment: Insert numerical dollar
   amount to be charged in event of returned check; Amount should be reasonable and
   Landlord may want to have such dollar amount be reasonably related to the amount to
   be charged by Landlord’s bank for such checks.] 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 3 months, and that all future Rent
   payments shall be remitted by Tenant to Landlord by money order or cashier's check.

4. The Landlord and the Tenant mutually covenant and agree that whenever notice is required
   to be given by either the Landlord or the Tenant to the other pursuant to this Lease, 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 the Tenant at the Premises and notice to the
   Landlord shall be addressed to ______________________. [Instruction: Insert Landlord’s
   address for notice.] Notice so given shall be deemed to have been received by the addressee
   on the fourth postal delivery day following the date on which it is so mailed.

5. The 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 him. The Tenant further
   covenants to leave the Premises in an ordinary state of cleanliness upon termination of this
   Lease in the same condition as now exists, reasonable wear and tear excepted.

6. The Tenant covenants and agrees that it shall be his/her sole responsibility to pay for all heat,
   electric, water gas, cable, internet and telephone charge required for the Premises and the
   Tenant further covenants and agrees to hold the Landlord harmless for all accounts aforesaid
   including arrears and penalties thereof. [Option: This provision can be changed to reflect
   any utilities Tenant is not paying for. Landlords should be aware that their state may
   require the Landlord pay for certain utilities and may wish to contact an experienced



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   landlord-tenant attorney licensed in their state for clarification regarding such
   obligations.]

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

8. The Tenant covenants and agrees not to assign this Lease, except by express, written consent
   of Landlord. Tenant shall be permitted to sublease the Premises. Any sublease requires
   approval of Landlord and Tenant, as well as a written contract between Landlord, Tenant,
   and Sub-Tenant, signed at least thirty (30) days prior to the effective date of the sub-lease.
   Consent by Landlord to any such sub-letting shall not be deemed to be a consent to any
   subsequent sub-letting. An assignment or sub-letting without the prior written consent of
   Landlord or an assignment or sub-letting by operation of law shall be absolutely null and
   void and shall, at Landlord's option, terminate this Lease Agreement. In the event of any
   sublease, Tenant shall at all times remain liable for all obligations contained hereunder,
   including the payment of Rent in the event sublessor does not pay in full at any time.
   Landlord retains the right to pursue all legal and equitable remedies against Tenant for non-
   performance by Lessor of any obligation under this Lease.

9. The Landlord covenants with the Tenant for quiet enjoyment.

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

11. The Tenant covenants and agrees that, in case the Premises shall be abandoned or vacated by
    the Tenant, the Landlord, in addition to all other rights hereby reserved, shall have the right
    to enter the Premises as the agent of the Tenant, either by force or otherwise, without being
    liable for any prosecution therefore, and to re-let the Premises as agent of the Tenant and to
    receive the rent therefore. Tenant acknowledges, understands and agrees 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. Nothing in this Lease and no entry made by the Landlord hereunder shall
    in any way release the Tenant for payment of the rent hereby reserved during the Term
    hereof beyond such sum as may be realized by the Landlord by the re-letting hereinbefore
    allowed.

12. Except as otherwise provided by applicable law, the Tenant covenants and agrees that
    Landlord is not in any event liable or responsible in for:




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   (a) any personal injury or death that may be sustained by the 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 or 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 which may
       issue or flow from any part of the Premises or the Landlord's property or from 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 the Landlord; or

   (e) any loss or spoilage of food on account of the failure or impairment of the electrical
       system,

   and the Tenant hereby releases and forever discharges the 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. The Tenant further covenants and agrees to give the 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 the Tenant is aware or ought to have
    been aware of by reason of his/her use and occupation of the Premises.

14. The 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 which will 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. The 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 damage and public liability insurance in an
    amount equal to or greater than ______________ ($_____) [Instruction: Insert written
    dollar amount of insurance to be maintained, followed by numerical amount in
    parentheses.] United States Dollars and shall provide proof thereof to the Landlord if
    requested.

15. The 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.
    The 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



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   resulting to them from misuse or from unusual or unreasonable use shall be borne by the
   Tenant. The Tenant further covenants and agrees that he/she shall be liable for any misuse of
   the heating, plumbing or electrical systems situate in or on the Premises.

16. The Tenant and the Landlord covenant and agree that neither of them shall, during the
    occupancy of the Premises by the 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 any electronic security device to any door
    giving entry to the Premises.

17. The 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 the Landlord, and any addition or improvement made or fixtures
    installed with the prior written consent of the Landlord shall be of first class quality, installed
    and maintained at the sole expense of the Tenant and become the property of the 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. The Tenant covenants and agrees that he/she will not, without the prior written consent of the
    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. The 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 the
    Landlord, the Tenant will, at his/her own expense, upon the termination of this Lease 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 the 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. The Tenant covenants and agrees that if it is his/her intention to terminate this Lease at the
    end of the Term hereby created, notice of such intention shall be given in writing by the
    Tenant to the Landlord not later than sixty (60) days prior to the expiration of the said Term;
    PROVIDED that, if the Tenant remains in occupation of the Premises after the expiration of
    the Term hereby granted 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, as applicable,
    shall apply to such monthly tenancy.

20. The Tenant covenants and agrees that, upon written notice of termination of this Lease being
    given, the Landlord shall have the right, at reasonable times, to enter and 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 the Tenant is given at the time of entry, the Landlord shall



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   not exercise a right to enter the Premises unless it has first given written notice to the Tenant
   at least twenty-four (24) hours before the time of entry which shall be specified in the notice.

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

22. The Tenant covenants and agrees that Tenant shall not inscribe, paint or affix any sign,
    advertisement or notice in any way on any part of the outside of the Premises.

23. The 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 the Tenant under the
    direction and to the satisfaction of the Landlord; and the cost of such replacements and
    repairs shall be borne by the Tenant.

24. The 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.

25. The 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 the Landlord,
    which consent may be arbitrarily withheld.

26. The 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 the same shall be kept and
    observed by the Tenant, his/her family, visitors, guests, servants and agents. Such rules and
    regulations adopted by the Landlord from time to time are hereby made a part of this Lease
    and the Tenant's failure to keep and observe such rules and regulations shall constitute
    default under this Lease in such manner as if the same were contained herein as covenants of
    the 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.

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


28. This lease is subject in all respects to the applicable provisions of the Landlord and Tenant
    Act, as amended.

29. This Lease shall be construed and governed by the laws of the State of __________.
    [Instruction: Insert name of State.] Should any provision or provisions of the Lease and/or
    its conditions be illegal or not enforceable, it or they shall be considered separate and



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   severable from the Lease and its remaining provisions and conditions shall remain in force
   and be binding upon the parties hereto as though the said provision or provisions or
   conditions had never been included.

30. Whenever in this Lease there is any mention of or references to the Landlord or the Tenant,
    such mention or reference shall be deemed to extend to and include the heirs, executors,
    administrators, successors and assigns of the Landlord and of the Tenant an sub-tenants of
    the Tenant as the case may be, and if the 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 TENANCY AGREEMENT
              THE UNDERSIGNED hereby acknowledges receiving a duplicate original copy
of the herein Lease this _______ day of ____________, 20______. [Instruction: Insert date
fully executed original duplicate provided to Tenant.]




                                                    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, security deposit, and various tenant and landlord covenants. 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 that permits subleasing.
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