VIEWS: 1,405 PAGES: 7 CATEGORY: Renting a Home POSTED ON: 11/10/2009
This is an agreement that establishes a periodic tenancy between a landlord and a tenant. The periodic tenancy can be from week-to-week, month-to-month, or year-to-year. The tenancy will perpetually continue until proper termination notice is furnished by either party. In addition, this agreement specifies the rent amount and whether a security deposit is required. This agreement can be used by property owners, landlords, or property management companies that want to enter into a periodic tenancy with a particular tenant.
This is an agreement that establishes a periodic tenancy between a landlord and a tenant. The periodic tenancy can be from week-to-week, month-to-month, or year-to- year. The tenancy will perpetually continue until proper termination notice is furnished by either party. In addition, this agreement specifies the rent amount and whether a security deposit is required. This agreement can be used by property owners, landlords, or property management companies that want to enter into a periodic tenancy with a particular tenant. TENANCY AGREEMENT THIS TENANCY AGREEMENT (the “Agreement”), dated the ______ day of ______________________, 20_______, between ________________________ (the “Landlord”) and ______________________________ (the “Tenant”). IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1.00 PREMISES 1.01 The Landlord hereby agrees to rent to the Tenant, and the Tenant hereby agrees to rent from the Landlord, the premises located at ____________________________ (the “Premises”). 2.00 TERM OF TENANCY 2.01 The Landlord and the Tenant hereby agree that the tenancy will commence on the ______ day of ______________, ____ and will be a ________________ (week to week, month to month or year to year) tenancy. 3.00 RENT 3.01 The Tenant shall pay Rent (“Rent”) to the Landlord in the amount of ____________________ ($__________) Dollars per ___________(week/month) by way of cash, check or direct deposit to the bank account of the Landlord, or by such other means as the Landlord and Tenant may in writing agree. 3.02 The Landlord and the Tenant agree that the first payment of Rent due will be on the ______ day of ________________, ______, and thereafter, Rent shall be due and payable on the ________ (____) day of each and every ___________(week/month). The Landlord hereby agrees to provide to the Tenant receipts for all sums of Rent which have been paid by the Tenant to the Landlord t within ________ (___) days of the request of the Tenant. 3.03 The Landlord and the Tenant hereby agree that the Rent ________ (shall/shall not) include the following services and facilities: (i) electricity; (ii) heat; (iii) water; (iv) cable television; (v) refrigerator and stove; (vi) washer and dryer; and (vii) parking © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 3.04 The Landlord and the Tenant hereby agree that the Tenant shall be solely responsible for the hook-up and payment of the following services: (i) ________________________________ (ii) ________________________________ (iii) ________________________________ 3.05 The Landlord is entitled to increase the rent on the anniversary date of this Agreement and each anniversary date thereafter, except that the Landlord shall not be entitled to increase the Rent during the first (1st) year of the tenancy. The Landlord hereby agrees to provide at least sixty (60) days written notice to the Tenant of any rent increase. The Tenant, upon receiving such notice of rent increase, may terminate the tenancy before such increase of Rent takes effect. 3.06 The Landlord and the Tenant hereby agree that the Tenant shall pay a deposit (the “Security Deposit”) to the Landlord in the amount of _________________ ($________) Dollars on the execution of this Agreement. 4.00 CONDITIONS OF TENANCY 4.01 The Landlord hereby agrees to keep the Premises free and clear of debris and shall keep the Premises in working order and in a good state of repair that is fit for habitation during the term of the tenancy. 4.02 The Landlord hereby agrees to comply with any and all statutory, state or federal laws in respect of standards of health, safety and housing. 4.03 Should the Landlord provide a service or services to the Tenant for the Tenant’s continued use and enjoyment, the Landlord hereby agrees that it/ will not discontinue providing such service. 4.04 The Tenant hereby agrees that as a condition of the tenancy, the Tenant must maintain adequate content insurance. 5.00 OBLIGATIONS OF THE TENANT 5.01 The Tenant hereby agrees to conduct (himself/herself) in such a manner as not to interfere with the possession or occupancy of other tenants. 5.02 The Tenant hereby agrees that (he/she) will keep the Premises clean and free from debris and will repair or pay to repair any damage to the Premises caused by the Tenant due to wilful or negligent acts by the Tenant or by any other person the Tenant permits on the Premises. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 5.03 The Tenant hereby agrees not to, without the prior written consent of the Landlord, alter, improve or enlarge the Premises, add new fixtures, install external satellite dishes, erect any type of sign or advertisement visible from the outside of the Premises or change any of the locks in the Premises or add new locks. 5.04 The Landlord and the Tenant hereby agree that the Tenant (may/may not) assign, sublet or otherwise part with possession of the Premises, subject to the written consent of the Landlord. 5.05 The Tenant hereby agrees that should the Tenant abandon the Premises or terminate the tenancy otherwise than in the manner permitted, the Landlord shall mitigate any damages that may be caused by the abandonment or termination, to the extent that a party to a contract is required by law to mitigate damages. 5.06 The Landlord hereby agrees not to enter the Premises without prior written notice to the Tenant, save and except in the case of an emergency or in the event of: (i) notice of termination of the tenancy has been given by the Tenant and entry by the Landlord is at a reasonable hour for the purposes of having the Premises viewed by potential tenants; (ii) the entry is made during daylight hours and written notice of the time of entry has been given to the Tenant at least twenty four (24) hours in advance of such entry. 5.07 The Tenant hereby agrees to comply with any and all rules of the Landlord with respect to the Premises concerning the Tenant’s use, occupancy and maintenance of the Premises and the services provided by the Landlord to the Tenant. 5.08 The Landlord hereby agrees to provide a copy of all rules and regulations in respect to the Premises and the services to be provided to the Tenant, prior to the commencement of the tenancy. 6.00 TERMINATION OF TENANCY 6.01 The Landlord and the Tenant hereby agree that should either party wish to terminate this Agreement, the party wishing to terminate this Agreement shall provide to the other party notice of such termination in writing. 6.02 The Landlord and the Tenant hereby agree that a notice in writing: (i) shall be signed by the party giving such notice of termination; (ii) shall identify the Premises for which the notice of termination is being given ; and (iii) shall state the date on which the tenancy is to terminate. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 6.03 The Landlord and the Tenant hereby agree that a notice to terminate tenancy shall be provided by the party wishing to end such tenancy on or before the last day of one month of the tenancy to be effective on the last day of the immediately following months of the tenancy. 7.00 JOINT AND SEVERAL LIABILITY 7.01 Should more than one Tenant sign this Agreement, then each Tenant will be liable together and individually for all obligations of the tenancy. 8.00 GENERAL 8.01 This Agreement shall be governed by and construed in accordance with the laws of the State of _________________ 8.02 Entire Agreement. This Tenancy Agreement, and all exhibits hereto, along with any other documents or agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes all previous agreements between the parties with respect to the subject matter hereof. There are no agreements, representations or warranties between or among the parties other than those set forth in this Agreement or in the documents or agreements referred to herein. 8.03 Amendments. No amendment, modification, or supplement to this Tenancy Agreement shall be binding on any of the parties unless it is in writing and signed by the parties in interest at the time of the modification. 8.04 Severability. If any term or provision of this Agreement is determined to be illegal or unenforceable, such illegal or unenforceable provision shall be stricken from this Agreement, and shall not affect the legality or unenforceability of this Agreement. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 8.05 Attorneys' Fees. If either party to this Agreement shall bring any action, suit, arbitration, or other proceeding against the other, declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder, the party prevailing in such action or proceeding shall be entitled to recover attorneys' fees and costs incurred in prosecuting or defending the action or proceeding, and in enforcing any judgment, ruling or award granted therein. As used herein, the term "attorney's fees" shall include, without limitation, fees and costs incurred in (i) post- judgment motions and collection actions, (ii) garnishment, levy and debtor and third party examinations, (iii) appeals and related proceedings, and (iv) discovery. 8.06 Interpretation. The terms of this Agreement have been negotiated by the parties hereto and all language herein shall be deemed to be the language mutually selected by the parties to express their intent. This Agreement shall be construed without respect to any presumption requiring construction against the party causing the instrument to be drafted. 8.07 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. IN WITNESS WHEREOF the parties have hereunto set their respective hands and seals as at the date written above. Witness: Tenant Witness: Landlord or if Landlord is a Company: (LANDLORD) Per: Name: Title: I have authority to bind the Corporation. © Docstoc®, Inc. 2011 – All Rights Reserved
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