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This is an agreement to form a residential lease between a landlord and tenant. The tenant agrees to lease certain residential premises from the landlord pursuant to the terms and conditions contained in the lease agreement. 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 contracting parties. This agreement is useful to landlords or tenants seeking to lease residential property.
This is an agreement to form a residential lease between a landlord and tenant. The tenant agrees to lease certain residential premises from the landlord pursuant to the terms and conditions contained in the lease agreement. 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 contracting parties. This agreement is useful to landlords or tenants seeking to lease residential property. AGREEMENT TO LEASE (RESIDENTIAL LEASE) THIS INDENTURE made in duplicate as of the ___ day of __________, 2____. [Instruction: Insert date.] 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. WITNESS that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant, his heirs, executors, administrators, successors and assigns to be paid, observed and performed, the Landlord hereby leases unto the Tenant, his 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 property address, including unit number, if any. If only a portion of the address is being rented, so indicate.] (hereinafter called the “Premises”) upon the following terms and conditions: 1. To have and to hold the Premises for and during the term of _________ (___) month/year to be computed from the _____ day of ____________, 2_____ and ending on the ______ day of _________, 2______, (hereinafter called the “Term”). [Instruction: Insert applicable term information.] 2. Rent to be paid to Landlord during the said Term in the sum of ____________ ($_______) [Instruction: Insert rent amount.] United States Dollars in lawful money to be payable in equal consecutive monthly installments, each payable in advance on the 1st/15th [Instruction: Choose date.] day of each and every month during the said Term. 3. The Tenant covenants and agrees to deliver rental payments to the Landlord by the date due. If rental payments are not received by the date due, a collection charge of ___________ ($_______) [Instruction: Insert amount of collection charge.] United © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 States 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 or for any check for which a stop payment order is issued, a collection charge of __________ ($______) [Instruction: Insert amount of collection charge.] United States Dollars in addition to the monthly rent will become immediately due and payable. [Comment: All collection charges should be reasonable, and shall not be more than the maximum allowable by law.] 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 ________________________________. [Instruction: Insert Landlord’s notice information.] 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 that it shall be his sole responsibility to pay for all heat, electric, water, gas, cable, internet and telephone charges 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. [Comment: This language can be revised to have the Landlord pay certain responsibilities. Landlord should review applicable state statute regarding landlord obligations with respect to utilities, as some states require the Landlord to be responsible for certain basic needs.] 6. 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 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. 7. The Tenant covenants and agrees that he shall promptly notify the Landlord of any repairs required to be made by the Landlord and, subject to the applicable law, 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. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 9. The Landlord covenants with the Tenant for quiet enjoyment. 10. The Tenant covenants and agrees that he 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 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 provided under the applicable statute 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 Premises and the Landlord shall be entitled to take immediate possession thereof. Nothing in this Lease contained 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. The Tenant covenants and agrees that the Landlord is not in any event whatsoever liable or responsible in any way for: (a) any personal injury or death that may be sustained by the Tenant, members of his family, his 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; © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 (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 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 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 use and occupation of the Premises. 14. The Tenant covenants and agrees that he 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 contents and property damage and public liability insurance in an amount equal to or greater than One Million ($1,000,000.00) [Comment: This number may be increased if desired.] United States Dollars and shall provide proof thereof to the Landlord if requested. 15. The Tenant covenants and agrees that he 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 shall be liable for any misuse of the heating, plumbing or electrical systems situated 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 or window giving entry to the Premises except by mutual consent. Altering the locking system includes the installation of additional locks to any door or window © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5 giving entry to the Premises. 17. The Tenant covenants and agrees that he 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 shall become the property of the Landlord as part of the reversion upon termination of this Lease. 18. The Tenant covenants and agrees that he 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 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 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 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 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. 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 and should the Landlord list the property for sale, he 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 © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 6 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. 21. The Tenant covenants and agrees that if he 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 failure to vacate. 22. 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. 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 inside of the Premises whatever, if such sign, advertisement or notice shall be visible on 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 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 it 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 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 family, visitors, guests, servants an agents. Landlord shall notify Tenant of any such changes or additions to the rules and regulations. 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 © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 7 covenants of the Tenant. 27. 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. Any modifications to this Lease must be in writing. 28. 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. 29. This lease is subject in all respects to the applicable statutes of the governing jurisdiction, as amended from time to time. 30. This Lease shall be construed and governed by the laws of the State of ______________. [Instruction: Insert 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 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. 31. 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. 32. This Lease may be executed in several counterparts, each of which when so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and shall be effective as of the formal date hereof. This Lease may be executed and transmitted via e-mail and/or facsimile transmission and in such event shall be effective and binding on the parties hereto and their successors and assigns as if originally executed. 33. This Lease shall inure to the benefit of the parties hereto and shall be binding upon the parties hereto and their respective heirs, executors, representatives, successors, and assigns. Except as otherwise set forth herein, nothing in this Lease, expressed or implied, is intended to confer on any person other than the parties hereto or their respective heirs, executors, representatives, successors, and assigns any rights, remedies, obligations, or © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 8 other liabilities under or by reason of this Lease. IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals as of the date first here above written. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ___________________________________ ) ________________________________ ) Tenant (LANDLORD) Per: Name: Title: I have authority to bind the Company. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 9
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