Docstoc

Tenant At Will Agreement for Residential

Document Sample
Tenant At Will Agreement for Residential Powered By Docstoc
					This is an agreement between a landlord and a tenant for an at will tenancy. Generally,
at will tenancy can be terminated by either party at any time upon thirty (30) day notice.
This particular agreement requires the tenant to pay a fixed amount of rent on a monthly
basis. This document contains numerous standard provisions that are commonly
included in these types of agreements, and may be customized to fit the specific needs
of the contracting parties. This agreement can be used by landlords, property owners,
or property management companies that want tenants on an at will basis.
                                                          Tenant at Will Agreement - Residential


         TENANT AT WILL AGREEMENT – RESIDENTIAL

      THIS TENANT AT WILL AGREEMENT (the “Agreement”), is made this ___ day of
______________, 2_______, by and between ________________ (the “Landlord”) and
___________________ (the “Tenant”).

       NOW THEREFORE THIS AGREEMENT WITNESSES, that for good and valuable
consideration of the mutual covenants and agreements contained herein, the receipt and
adequacy of which is hereby acknowledged, the Landlord and the Tenant hereto covenant and
agree as follows:

1.     The Tenant will rent from the Landlord and the Landlord will rent to the Tenant the
Premises municipally known as _______________________ (the “Premises”).

2.    The Tenant will commence rental of the Premises on the ____ day of _____________,
2_____.

3.     The Tenant will pay to the Landlord on the _____ (___) day of each and every month the
sum of ____________ ($______) Dollars (the “Rent”) for the rental of the Premises. The Tenant
will supply to the Landlord on the ______ (___) day of each and every month, a check in the
amount of the Rent to be delivered to the Landlord at the Landlord’s address referred to herein.

4.     In the event the Tenant’s check for the Rent is returned due to insufficient funds, the
Landlord shall charge the Tenant the sum of _________ ($_____) Dollars in addition to the
monthly Rent due and owing.

5.      The tenancy may be terminated by either party by written notice to the other party before
the first day of any rental period and shall be effective on the last day of that rental period, or
thirty (30) days after such notice has been given, whichever is longer; provided, however, that in
the event of any breach by the Tenant of this Agreement, the Landlord will be entitled to pursue
any and all remedies provided by the laws of the applicable jurisdiction. Upon termination of
this Agreement by either party, the Tenant shall deliver all keys to the Premises directly to the
Landlord.

6.      The Tenant is not permitted to paint or otherwise alter the Premises without the prior
written consent of the Landlord.

7.     The Tenant will at all times keep and maintain the Premises in a clean condition and a
good state of repair free and clear of debris.

8.     The Tenant shall not at any time or permit any party who may be in the Premises to cause
unnecessary noise and disturbance to others and shall not use the Premises at any time for any
lawful purpose.
                                                 3


9.     The Tenant shall prior to commencing the tenancy at the Premises, obtain and maintain
content insurance on the Tenant’s personal items and effects and shall furnish to the Landlord a
copy of such insurance coverage.

10.     The Tenant shall promptly pay and any all utility bills, including but not limited to, bills
for electricity, gas, water and hydro, as they become due. The Tenant shall be solely responsible
for the payment of any cable, telephone or internet connections, costs and bills for the Premises.

11.     The Landlord agrees that it shall repair or replace any damaged or defective locks on the
Premises following receipt of a notice from the Tenant that locks are in need of repair. The
Tenant shall not at any time, change, replace or alter the existing locks on the Premises without
the prior written consent of the Landlord. In the event the Landlord grants permission to the
Tenant to change, replace or alter the existing locks on the Premises, the Tenant shall provide to
the Landlord a key for such new locks within _____ (___) days of the Tenant changing,
replacing or altering same. In the event the Landlord changes, replaces or repairs the locks on
the Premises, the Landlord shall provide to the Tenant a key for such new locks immediately.

12.      The Tenant hereby agrees to indemnify and save the Landlord harmless from and against
all liability, loss and damage which may arise as a result of any nuisance made or suffered on the
Premises by the Tenant or any of the Tenant’s family members, friends or visitors, from any
carelessness, neglect or improper conduct of any such person. The Landlord shall not be liable
for any and all damage caused to the Premises which may result in loss of property nor for any
personal injury.

13.    The Tenant hereby agrees that it shall maintain the Premises in a good state of repair,
reasonable wear and tear excepted.

14.    The Tenant acknowledges and agrees that the Landlord may enter the Premises in any
case of emergency or in the event the Landlord has reasonable belief the Tenant has abandoned
the Premises.

15.     The Tenant acknowledges and agrees that it is not permitted at any time to assign or
sublet the Premises to any other party without the prior written consent of the Landlord.

16.    Any notice, certificate, consent, determination or other communication required or
permitted to be given or made under this Agreement shall be in writing and shall be effectively
given and made if (i) delivered personally, (ii) sent by prepaid courier service or mail, or (iii)
sent prepaid by fax or other similar means of electronic communication, in each case to the
following addresses:
                                             4


to the Landlord at:

                      ________________________

                      ________________________

                      Facsimile: (_____) ________


to the Tenant at:

                      ________________________

                      ________________________

                      Facsimile: (___) __________


Any such communication so given or made shall be deemed to have been given or made and to
have been received on the day of delivery if delivered, or on the day of faxing or sending by
other means of recorded electronic communication, provided that such day in either event is a
Business Day and the communication is so delivered, faxed or sent prior to 4:30 p.m. on such
day. Otherwise, such communication shall be deemed to have been given and made and to have
been received on the next following Business Day. Any such communication sent by mail shall
be deemed to have been given and made and to have been received on the fifth Business Day
following the mailing thereof; provided however that no such communication shall be mailed
during any actual or apprehended disruption of postal services. Any such communication given
or made in any other manner shall be deemed to have been given or made and to have been
received only upon actual receipt.

Any party may from time to time change its address by notice to the other party given in the
manner provided by this Section.

17.     Pursuant to the laws of the applicable jurisdiction, the Tenant hereby acknowledges
receipt from the Landlord the following:

       (i)     Tenant Lead Notification;
       (ii)    Risk Assessment Report;
       (iii)   Lead Inspection Report; and
       (iv)    Letter of Compliance.
                                                  5


18.    Any provision of this Agreement which, as it may relate to a party, is prohibited or
unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such
prohibition or unenforceability and shall be severed from the balance of this Agreement, all
without affecting the remaining provisions of this Agreement or affecting the validity or
enforceability of such provision in any other jurisdiction.

19.     This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original and all of which taken together shall be deemed to constitute one and
the same instrument. Counterparts may be executed either in original or faxed form and the
parties adopt any signatures received by a receiving fax machine as original signatures of the
parties; provided, however, that any party providing its signature in such manner shall promptly
forward to the other parties an original of the signed copy of this Agreement which was so faxed.

20.     This Agreement shall be governed by and construed in accordance with the laws of the
State of ________________ applicable therein.

        IN WITNESS WHEREOF the Landlord and the Tenant have executed this Agreement
as of the day and year first written above.




Witness:                                              Landlord



Witness:                                              Tenant
                                                6




“All forms and documents from DocStoc are provided “as is” without warranty of any kind,
express or implied. DocStoc does not provide any legal advice, and assumes no responsibility
for the enforceability or effectiveness of its documents. Users should consult with a lawyer if
there is any question as to the appropriateness of the documents for their particular situation.”
                                                                     7


				
DOCUMENT INFO
Description: This is an agreement between a landlord and a tenant for an at will tenancy. Generally, at will tenancy can be terminated by either party at any time upon thirty (30) day notice. This particular agreement requires the tenant to pay a fixed amount of rent on a monthly basis. This document contains numerous standard provisions that are commonly included in these types of agreements, and may be customized to fit the specific needs of the contracting parties. This agreement can be used by landlords, property owners, or property management companies that want tenants on an at will basis.
This document is also part of a package Tenant Toolkit 9 Documents Included