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.]
_____________________________, [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
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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.
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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
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
(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;
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(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
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
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
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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
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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
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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
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
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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 )
___________________________________ ) ________________________________
I have authority to bind the Company.
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