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Residential Rental Agreement

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Residential Rental Agreement Powered By Docstoc
					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,
responsibilities of the tenant, parking available, and 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
landlord.
                       RESIDENTIAL RENTAL AGREEMENT
       This Rental Agreement is entered into by and between the Landlord and Tenant (as
described herein and referred to in the singular whether one or more) on the following terms and
conditions:

PARTIES:               TENANT:           _____________________________________
                       [Instruction: Insert tenant name]
                       CURRENT ADDRESS
                       ______________________________________
                       ______________________________________
                       [Instruction: Insert the address of the subject premises if the
                       tenant shall occupy the premises as the tenant’s primary
                       residence. If the subject premises will not be occupied as the
                       tenant’s primary residence, then insert tenant’s current mailing
                       address as this address will be used to serve notices under this
                       Rental Agreement.]

                       [Note: Insert additional tenant name and address blocks as necessary]

                       Landlord:               _____________________________________
                                               [Instruction: Insert Landlord name]
                       Premises:               _______________________________________
                                               _______________________________________
                                               Hereinafter the “Premises”
                                               [Instruction: insert description of premises, including the
                                               address; if only a portion of an address is to be rented,
                                               include a brief description of unit (i.e., that certain
                                               portion of 100 ABC Boulevard, New Town, New State
                                               11111 consisting of approximately 600 square feet and
                                               containing 1 bedroom, 1 bathroom, kitchen and living
                                               area)]

NOTICE: Any notice required or permitted under this Rental Agreement or under state law
shall be deemed sufficiently given or served if sent by United States certified mail, return receipt
requested to the parties at the addresses listed above, unless otherwise changed by either party.

    1.      Term: The term of this Rental Agreement shall be _____________ [Instruction:
    Insert length of term]. The first day of the Rental Agreement term shall be
    _____________. [Instruction: Insert first date of rental] The termination date
    (“Termination Date”) shall be _____ [Instruction: Insert termination date] at 11:59 PM,
    except as otherwise set forth herein.

    2.     Rentals: Rent for the Premises shall be ______ [Instruction: Insert per month
    rental amount] per month. Rent is due on or before the first day of each month during the
    term of this Rental Agreement. If not remitted on the 1st, Rent shall be considered overdue


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    and delinquent on the 2nd day of each calendar month. Rent shall be paid to Landlord at the
    address listed above. 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.

    In the event that any payment by Tenant is returned for insufficient funds (“NSF”) or if
    Tenant stops payment, Tenant will pay $_____ [Instruction: Insert amount to be charged
    for insufficient check fee; note, amount should be reasonable and related to bank fees
    Landlord would incur in such instance] 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 (3) months, and that all future Rent
    payments shall be remitted by Tenant to Landlord by money order or cashier's check.

    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.

    In the event that any payment required to be paid by Tenant is not made in full within 3 days
    of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due,
    a "late fee" in the amount of Twenty-Five United States Dollars ($25.00) per day until such
    payment is paid in full. If Rent is paid by the 3rd day of the month for the month in which it
    is due, Landlord will waive the late fee for that month. Any waiver of late fees under this
    paragraph will not affect or diminish any other right or remedy Landlord may exercise for
    Tenant’s failure to timely pay rent. Further, any waiver of late fees under this paragraph
    shall not constitute a waiver of any future or past late charge.
    3.     Tenant Responsibilities: Tenant shall be responsible for
    ___________________________________________________________________________
    ___________________________________________________________________________
    ____________________________
    [Instruction: List if Tenant will be responsible for shoveling driveway or walkways,
    lawn care, changing furnace filters monthly, ensuring rock salt is added, etc.]

    4.     Utilities: Tenant shall be responsible for and shall pay promptly all utility charges, in
    addition to rent, except the following: __________________________________.
    [Instruction: List “None” if Tenant is responsible for all utilities, such as, but not
    limited to, gas, electricity, water and sewer.]

    5.     Parking: Only ___ [Instruction: insert number of permitted vehicles] passenger
    vehicle(s) per unit [is/are] permitted to be parked on the premises, unless otherwise agreed by
    Landlord in writing. Recreational vehicles, trucks, boats, trailers, etc. Are prohibited. Repair
    work, including routine car maintenance on any vehicles is not allowed. Car washing of any
    vehicle is not allowed. Parking is allowed in permitted parking spaces only. [Note: if
    Tenant is permitted only to park in certain assigned space, revise the last sentence to
    identify the assigned space.]




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    6.      Renewal of Lease Term: This rental agreement shall be automatically renewed,
    without notice from either party, on identical terms, except that the rental amount will be
    increased by ________ percent (__%) [Instruction: insert written rental increase
    percentage, followed by numerical percentage in parenthesis], for a like successive term
    unless either party shall, at least 45 days before the expiration of the lease, notify the other in
    writing of the termination of the rental agreement. However, Landlord will, at least 15 days
    but not more than 30 days prior to the time specified for giving the notice as herein set forth,
    notify Tenant in writing of the above provision for automatic renewal or extension.

    7.      Assignment and Subletting: Tenant shall not assign this rental agreement nor sublet
    the premises or any part thereof. An assignment, sub-letting or license 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 agreement. Landlord
    may assign this rental agreement.

    8.       Security Deposit: Tenant shall pay Landlord, upon execution of this agreement, the
    receipt and sufficiency of which is hereby acknowledged, a security deposit in the amount of
    ____ [Instruction: insert security deposit amount] to be held by Landlord. The reasonable
    cost of repairing any damages caused by Tenant and/or cleaning the apartment, beyond
    reasonable wear and tear, may be deducted from the security deposit at any time during the
    term or after Tenant vacates the premises. Landlord may also deduct reasonable charges
    from the security deposit for unpaid rent, late charges, unpaid utilities, pet violation charges,
    if any, replacing unreturned keys or other security devices, removal of unauthorized locks or
    fixtures installed by Tenant, insufficient light bulbs, packing, storing and removing
    abandoned property and/or vehicles (including those illegally parked), attorney fees and court
    costs incurred in any proceeding against Tenant and any other items Tenant is responsible to
    pay under this rental agreement. The premises are clean and free of all defects except those
    Tenant notifies Landlord in writing of within 7 days after the beginning of the tenancy.
    Tenant may, within 7 days after the beginning of the tenancy, request in writing a list of
    physical damages or defects, if any, charged to the previous tenant’s security deposit.

    Such security deposit shall be returned to Tenant, without interest [Comment and
    instruction: although many states do not, your state may require that interest be paid
    for tenant security deposits. You should verify whether or not your state requires the
    payment of interest and modify the previous sentence accordingly] and less any set off
    for damages to the premises upon the termination of this agreement. The security deposit
    will be applied first to any non-rent items, including late charges, returned check charges,
    repairs, brokerage fees, and periodic utilities, then to any unpaid rent. In the event that
    Landlord shall at any time apply any of such security deposit to cover unpaid rent, the late
    fee, or to repair damage caused to the premises, then, upon the request of Landlord to Tenant
    specifying the amount so applied, Tenant shall immediately deposit with Landlord, as an
    additional security deposit, the amount so applied, so that the security deposit held by
    Landlord shall at all times during the term hereof be equal to the aforementioned amount
    specified in this section.

    Tenant initials: ______ Landlord initials: ______ [Comment: Tenant and Landlord should


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    initial here to acknowledge understanding of security deposit provisions.]

    If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10
    days after Landlord makes written demand.

    Tenant initials: ______ Landlord initials: ______
    [Comment: Tenant and Landlord should initial here to acknowledge understanding of
    security deposit provisions.]

    9.       Vacating of Premises: Tenant agrees to vacate the premises immediately at the end of
    the rental agreement term unless one of the following circumstances occur: (i) Landlord and
    Tenant formally extend this agreement pursuant to the provisions contained in paragraph 6;
    (ii) local rent control law mandates extension of the tenancy; or (iii) Landlord willingly
    accepts new rent from Tenant, which does not constitute past due rent. In the event that
    Landlord accepts from Tenant new rent, a month-to-month tenancy shall be created.

    10.     Abandonment by Tenant: If Tenant shall abandon the premises before the expiration of
    the rental agreement term, Landlord shall make reasonable efforts to re-lease the premises and
    shall apply any rent received, less costs of re-leasing, to the rent due or to become due on this
    rental agreement, and Tenant shall remain liable for any deficiency.

    11.    Tenant's obligations: During the rental agreement term, as a condition to Tenant's
    continuing right to use and occupy the premises, Tenant agrees and promises:

               (a)  To use the premises for residential purposes only by Tenant and Tenant's
               immediate family and occasional transient guests as permitted in this Rental
               Agreement;

               (b)     Not to smoke within the Premises;

               (c)     To keep the common areas, including the yard, walkways, parking lot and
               laundry room, free from all litter, to not obstruct the driveways, sidewalks, courts,
               entry ways, stairs and/or halls, which shall be used for the purposes of ingress and
               egress only and to not obstruct or cover the windows or doors. Tenant shall deposit
               all trash, garbage, rubbish or refuse (and for purposes of this paragraph, same shall
               include recycling, as necessary) in the locations provided therefor and shall not
               allow any trash, garbage, rubbish or refuse to be deposited in any common area or
               outside the building;

               (d) Not to make or permit use of the premises for any unlawful purpose or any
               purpose that will injure the reputation of the Premises or the building of which they are
               a part;

               (e)    Not to use or keep in or about the premises anything which would adversely
               affect coverage of the premises, or the building of which they are a part, under a
               standard fire and extended insurance policy;




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               (f)    Not to make noise or engage in activities which unreasonably disturb neighbors
               or other tenants in the building in which the Premises are located;

               (g) Not to keep in or about the premises any pet unless otherwise agreed to in
               writing by Landlord;

               (h) To keep the premises in clean and tenantable condition and in as good repair as
               at the beginning of the Rental Agreement term, normal wear and tear excepted,
               including the obligation to keep all lavatories, sinks, toilets, and all other water and
               plumbing apparatus in good order and repair and shall use same only for the
               purposes for which they were constructed. Tenant shall not allow any sweepings,
               rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any
               damage to any such apparatus and the cost of clearing stopped plumbing resulting
               from misuse shall be borne by Tenant;

               (i)     To maintain the appropriate temperature and humidity within the Premises in
               order to avoid causing damage to any portion of the Premises or the building in which
               it is located, and if damage results from Tenant's failure to maintain an appropriate
               temperature and humidity, Tenant shall be liable for this damage;

               (j)   Unless Tenant has received specific written consent of Landlord, not to do or
               permit any of the following:

                           (1) Paint upon, attach, exhibit or display in or about the premises any sign
                           or placard;

                           (2) Alter or redecorate the premises;

                           (3) Drive nails, tacks, screws or apply other fasteners on or into any wall,
                           ceiling, floor or woodwork of the premises;

                           (4) Attach or affix anything to the exterior of the premises or the building in
                           which it is located;

               (k) Not to permit any guest or invitee to reside in the premises for any period
               exceeding 2 days without prior written consent of Landlord;

               (l)    To not change any locks or add any additional locks without the prior written
               consent of Landlord. In the event Tenant is permitted to change and/or add any
               additional lock, Tenant shall provide Landlord with a copy of an operable key to any
               such lock within 3 calendar days of any such installation;

               (m) To be liable for all acts of negligence or breaches of this Rental Agreement by
               Tenant and Tenant's guests and invitees;

               (n)     To not place or keep a waterbed on the premises; and




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               (o) To not keep or store on the Premises any item of a dangerous, flammable or
               explosive character that might unreasonably increase the danger of fire or explosion
               on the Premises or that might be considered hazardous or extra hazardous by any
               responsible insurance company.

    12.    Breach of Rental Agreement: Should Tenant fail to perform any of the terms of this
    Agreement, Landlord shall give Tenant written notice of such breach requiring Tenant to
    remedy the breach or vacate the premises on or before a date at least 5 days after the giving of
    such notice, and if Tenant fails to comply with such notice, Landlord may declare this tenancy
    terminated and institute action to expel Tenant from the premises without limiting the liability
    of Tenant for the rent due or to become due under this Rental Agreement. If Tenant has been
    given such a notice and has remedied the breach or been permitted to remain in the premises,
    and within 1 year of such previous breach, Tenant commits a similar breach, this Rental
    Agreement may be terminated if, before the breach has been remedied, Landlord gives notice
    to Tenant to vacate on or before a date at least 14 days after the giving of the notice. Further,
    any waiver under this paragraph shall not constitute a waiver of any future breach, and
    Landlord shall retain all rights and remedies with respect to any such future breach, if any.

    13.    Rules: Landlord may make such reasonable rules of tenancy, as Landlord deems
    necessary. Tenant agrees to observe and comply with all such rules and any violation shall be
    deemed a breach of this Agreement. Landlord may make reasonable changes in the rules of
    tenancy and shall give written notice of any such changes to Tenant.

    14.     Liability of Multiple Tenants: All Tenants, if more than 1, shall be jointly and
    severally liable for the full amount of any payments due under this Rental Agreement.

    15.     Insurance: Landlord does not insure personal belongings of Tenant. Tenant agrees
    to take out a tenant form insurance policy Tenant hereby waives its subrogation rights and
    agrees to provide Landlord with Certificate of Insurance. Failure of Tenant to provide
    insurance or to allow said insurance coverage to lapse would be a breach of this Agreement.

    16.     Sale of Property. In the event Landlord accepts an Offer to Purchase the building of
    which Premises is a part, Landlord may, upon 45 days’ advance written notice to Tenant,
    terminate this Rental Agreement. Landlord and its agents shall further have the right to
    exhibit the Premises and to display the usual “for sale” signs on the Premises at any time
    during the Term hereof.

    17.     Inspection of Premises: Landlord and Landlord's agents shall have the right at all
    reasonable times during the term of this Rental Agreement and any renewal thereof to enter
    the Premises for the purpose of inspecting the Premises and all buildings and improvements
    thereon, and for the purposes of making any repairs, additions or alterations as may be
    deemed appropriate by Landlord for the preservation of the Premises or the building, show
    the Premises to prospective tenants, prospective purchasers, inspectors, fire marshals,
    lenders, appraisers, or insurance agents, to exercise a contractual or statutory lien or to leave
    written notice or to seize nonexempt property after a default. Landlord and its agents shall
    further have the right to exhibit the Premises and to display the usual "for rent" or "vacancy"
    signs on the Premises at any time within 45 days before the expiration of this Lease. The


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    right of entry shall likewise exist for the purpose of removing placards, signs, fixtures,
    alterations or additions that do not conform to this Agreement or to any restrictions, rules or
    regulations affecting the Premises. If Tenant fails to permit access pursuant to this
    Paragraph, Tenant shall be in default.

    18.   Quiet Enjoyment: Tenant, upon payment of all of the sums, performance of all
    agreements and observance of all rules and regulations in this Rental Agreement, shall and
    may peacefully and quietly have, hold and enjoy said Premises for the term hereof.

    19.     Indemnification: Landlord shall not be liable for any damage or injury of or to the
    Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the
    Premises or the building of which the Premises are a part or to goods or equipment, or in the
    structure or equipment of the structure of which the Premises are a part, and Tenant hereby
    agrees to indemnify, defend and hold Landlord harmless from any and all claims or
    assertions of every kind and nature.

    20.    Governing Law: This Agreement shall be governed, construed and interpreted by,
    through and under the laws of the State in which the Premises are located.

    21.     Severability:. If any provision of this Agreement or the application thereof shall, for
    any reason and to any extent, be invalid or unenforceable, neither the remainder of this
    Agreement nor the application of the provision to other persons, entities or circumstances
    shall be affected thereby, but instead shall be enforced to the maximum extent permitted by
    law.

    22.     Binding Effect: The covenants, obligations and conditions herein contained shall be
    binding on and inure to the benefit of the heirs, legal representatives, and assigns of the
    parties hereto.

    23.     Descriptive Headings: The descriptive headings used herein are for convenience of
    reference only and they are not intended to have any effect whatsoever in determining the
    rights or obligations of the Landlord or Tenant

    24.     Entire Agreement: This Rental Agreement, the Nonstandard Rental Provisions and the
    Rules of Tenancy shall constitute the entire agreement between the parties. There are no
    covenants, promises, agreements, conditions or understandings, either oral or written between
    the parties other than set forth in said documents. No modification, alteration, amendment,
    change or addition to this Rental Agreement shall be binding unless contained in a writing
    signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Rental Agreement on the _______ day
of ______________, 201_ [Instruction: Insert date, month and year of Rental Agreement
signing.]




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LANDLORD:                                                             TENANT(s)


_______________________________                                       ________________________________

_______________________________                                       ________________________________




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DOCUMENT INFO
Description: 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, responsibilities of the tenant, parking available, and 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 landlord.
This document is also part of a package Real Estate Business Templates 153 Documents Included