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Residential Lease Agreement

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Residential Lease 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, 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.
                                    RENTAL AGREEMENT

       WITNESS that 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
______________________ (hereinafter called the "Premises") upon the following terms and
conditions:
   1. To have and to hold the Premises for and during the term of (         ) months/years to be
      computed from the ____________ and ending on the ___________ day of _______,
      20__ , (hereinafter called the "Term").
   2. Tenant shall pay to Landlord during the said Term the sum of _________ ($__ ) Dollars
      in lawful money of United States/Canada to be payable in equal consecutive monthly
      installments of ____________ ($__ ) Dollars each payable in advance on the
      ____________ (__) day of each and every month during the said Term.
   3. The Tenant covenants and agrees to deliver rental payments to the Landlord by the date
      due. If rental payments are not received by the date due, a collection charge of
      __________ ($___) Dollars in addition to the monthly rent will immediately become due
      and payable. In addition, for each check not honored by the Bank or Trust Company upon
      which it is drawn, a collection charge of ($__) Dollars in addition to the monthly rent will
      become immediately due and payable.
   4. The Landlord and the Tenant mutually covenant and agree that whenever in this lease
      notice is required to be given by either the Landlord or the Tenant to the other, 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 _____________________. 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, hydro, water gas, cable 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.
   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 the applicable provisions of

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       the Act, 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 or sublet this Lease.
   9. The Landlord covenant 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 o vacated
       by the Tenant, the Landlord, in addition to all other rights provided under the Act and 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;
       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 premise and the Landlord shall
       be entitled to take immediate possession thereof. Nothing in this Lease contained and no
       entry made b y 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. The Tenant covenants and agrees that the Landlord is not in any event whatsoever liable
       or responsible in any way howsoever caused for:
           (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 situate 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.
   13. 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



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       or punitive damages, loss or injury, however arising, which may hereafter be sustained by
       the Tenant or his/her personal property.
   14. 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.
   15. 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 _____________ ($___) Dollars and shall
       provide proof thereof to the Landlord if requested.
   16. 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 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.
   17. 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 to any door giving entry to the
       Premises.
   18. 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 at the sole expense of the Tenant and become the property of the
       Landlord as part of the reversion upon termination of this Lease.
   19. 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


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       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.
   20. 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) da ys 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, so far as applicable, shall apply to such monthly tenancy.
   21. 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 and should the 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 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 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. If at any time during the Term thereof, the
       Landlord wishes to show the Premises to prospective purchasers who wish to purchase
       the Premises and assume the position of Landlord under this Lease, the Tenant will allow
       the Landlord to show the Premises to such prospective purchasers upon twenty-four (24)
       hours written notice to the Tenant.
   22. 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 there under, the Tenant indemnify the Landlord
       for all losses suffered by reason of his/her failure to vacate.
   23. 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 whatever.
   24. 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.
   25. 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.


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   26. 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.
   27. 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, case 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 an 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.
   28. It is understood and agreed between the Landlord and the Tenant that no assent or
       consent to changes in or waiver of any part of this Lease 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 the Landlord.
   29. The Landlord covenants with the Tenant that the Landlord will pay all taxes which during
       the herein said Term may be charged upon the Premises. This Lease is made on the
       understanding that the Tenant is a public school supporter and it is agreed that if the
       Tenant should designate that the taxes in respect of the Premises should go to the support
       of separate schools, any increase of taxes occasioned thereby shall be borne by the
       Tenant and if the Tenant refuses or neglects to pay the amount of such increase to the
       Landlord, the Landlord shall have the same remedies to enforce payment of same by the
       Tenant as the Landlord has in respect of the rent reserved by this Lease.
   30. This lease is subject in all respects to the applicable provisions of the Landlord and
       Tenant Act, as amended.
   31. This Lease shall be construed and governed by the laws of the ________________.
       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 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.
   32. Whenever throughout these presents 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.

IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals as of
the date first here above written.



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SIGNED, SEALED AND DELIVERED

_________________________________________

Tenant

In the presence of:

_________________________________________

Witness: _____________________



________________________________________

Landlord

In the presence of:

_________________________________________

Witness: _____________________



RECEIPT OF TENANCY AGREEMENT:

THE UNDERSIGNED hereby acknowledges receiving a duplicate original copy of the herein
Lease this __________ day of ____, 20__.



____________________________________________________




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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, 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.
Customize This Document Instantly download your personalized document Guided Fill-in-the-Blank Process
This document is also part of a package Residential Landlord Toolkit 21 Documents Included