Temporary Residential Lease Occupied by Purchaser

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									This agreement authorizes a purchaser of residential real estate to occupy the property
earlier than the closing date of the purchase. Delays in closing the real estate
transaction can prompt the purchaser to take possession of the property earlier than
possible. This agreement establishes the relationship between the purchaser, as a
tenant, and the seller, as a landlord, for a short term lease of the property until the real
estate sale is finalized. This agreement can be used by individuals or entities pursuant
to a sale of property when the purchaser wants to take possession of the property as a
tenant before closing.
         TEMPORARY RESIDENTIAL LEASE (OCCUPIED BY
                       PURCHASER)
               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. If only a portion of the
property is to be leased, provide a brief description, including apartment number, if any.]
(hereinafter called the “Premises”) upon the following terms and conditions:

The Landlord hereby leases to the Tenant the Premises more particularly described in the
Agreement of Purchase and Sale made between the Landlord as Vendor and the Tenant as
Purchaser, a copy of which is annexed hereto as




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1. SCHEDULE “A”.

2. To have and to hold the Premises for and during the term of __________ (___)
   days/weeks/months/years commencing on the ___ day of _________, 2____ and ending on
   the _____ day of ___________, 2_____ [Instruction: Insert applicable term information.]
   (hereinafter called the “Term”).

3. The Tenant shall pay to the Landlord during the said Term the sum of _______________
   ($________) [Instruction: Insert rental amount.] United States Dollars per month. Upon
   execution of this Lease Agreement, the Tenant shall pay to the Landlord the full
   amount of the rent due for the Term of this Lease Agreement to be paid by the Tenant
   to the Landlord [Comment: Parties may wish to consider a monthly payment rather
   than a lump sum.] by way of cash, check, bank draft, wire transfer or money order. In the
   event the Term of this Lease Agreement differs from the anticipated Term, the rent payable
   by the Tenant to the Landlord shall be prorated and shall be paid on the closing date pursuant
   to the anticipated closing date contained in the Agreement of Purchase and Sale. In the event
   the closing date for the Agreement of Purchase and Sale occurs prior to the anticipated
   closing date set forth in the Agreement of Purchase and Sale, the excess rent paid by the
   Tenant to the Landlord shall be prorated and shall be a credit against the purchase price.

4. Upon execution of this Lease Agreement by the Tenant and the Landlord, the Tenant shall
   pay to the Landlord in addition to the entire amount of rent payable, a security deposit in the
   amount of ____________ ($_________) [Instruction: Insert security deposit amount.]
   United States Dollars to secure the performance of all of the obligations of the Tenant
   contained herein. In the event this Lease Agreement is terminated before the closing date
   contemplated in the Agreement of Purchase and Sale, the Landlord shall have the right to
   apply the entire amount of the security deposit for the purposes of satisfying the Tenant’s
   obligations contained herein, except that if this Lease Agreement is terminated early as a
   result of the closing occurring earlier than that date contemplated in the Agreement of
   Purchase and Sale, the Landlord shall have no such right. In the event this Lease Agreement
   is terminated due to the closing of the sale contemplated by the Agreement of Purchase and
   Sale, any unused amount of the security deposit by the Landlord shall be refunded to the
   Tenant on the closing date.

5. 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 address.]. 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.

6. The Tenant covenants and agrees that it shall be his sole responsibility to pay for all heat,
   water, gas, cable and telephone charges required for the Property and the Tenant further
   covenants and agrees to hold the Landlord harmless for all accounts aforesaid including
   arrears and penalties thereof. [Instruction: Revise as necessary to reflect which utilities
   Tenant is responsible for.]
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7. The Tenant covenants and agrees that he/she will not at any time during the Term, use, or
   permit the use of the Property 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. Tenant may allow no persons other than Tenant (which for purposes of this
   paragraph only shall include any minor children of Tenant), other than transient relatives and
   friends who are guests of Tenant, to use or occupy the Premises without first obtaining
   Landlord’s written consent to such use. For purposes hereof, such transient occupancy shall
   not exceed seven (7) calendar days for any such guest in any one instance unless applicable
   law defines such transient occupancy as less than such time defined herein. Tenant shall
   comply with any and all laws, ordinances, rules and orders of any and all governmental or
   quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of
   the Premises.

8. The Tenant covenants and agrees not to assign or sublet this Lease Agreement. 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.

9. The Landlord covenants with the Tenant for quiet enjoyment.

10. The Landlord shall/shall not [Instruction: Choose applicable.] permit the Tenant to keep
    pets on the Property. [Comment: If Landlord is going to permit pets, the parties can
    include any additional restrictions here, for example weight or breed restrictions on
    dogs, or certain types of animals which will not be permitted.]

11. 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 the
    laws of the governing jurisdiction, the Landlord shall be permitted to enter the Property 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.

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 Property;

              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 Property; without limiting
                 the generality of the foregoing, such damage shall include any damage caused to
                 any property situated in or about the Property from gas, water, steam, water
                 works, rain or snow which may issue or flow from any part of the Property or the
                 Landlord's property or from the pipes or plumbing works of the same or from any
                 other place or quarter;

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              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,

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/her personal property.

13. The Tenant covenants and agrees that he shall not do, nor permit anything to be done, in the
    said Property or bring or keep anything therein which will in any way increase the risk of fire
    or the rate of fire insurance on the Property 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) Dollars and shall provide proof thereof to the Landlord if
    requested.

14. 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 Property 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 Property.

15. The Tenant and the Landlord covenant and agree that neither of them shall, during the
    occupancy of the Property by the Tenant, alter or cause to be altered the locking system of
    any door or window giving entry to the Property except by mutual consent. Altering the
    locking system includes the installation of additional locks to any door or window giving
    entry to the Property.

16. 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 Agreement.

17. Tenant shall not keep 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

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    that might be considered hazardous or extra hazardous by any responsible insurance
    company.

18. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm,
    earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall
    terminate from such time except for the purpose of enforcing rights that may have then
    accrued hereunder. The rental provided for herein shall then be accounted for by and
    between Landlord and Tenant up to the time of such injury or destruction of the Premises,
    Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such
    date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall
    have the option of either repairing such injured or damaged portion or terminating this Lease.
    In the event that Landlord exercises its right to repair such uninhabitable portion, the rental
    shall abate in the proportion that the injured parts bears to the whole Premises, and such part
    so injured shall be restored by Landlord as speedily as practicable, after which the full rent
    shall recommence and the Agreement continue according to its terms.

19. The Landlord covenants with the Tenant that the Landlord will pay all taxes which during the
    herein said Term may be charged upon the Property.

20. Should it become necessary for Landlord to employ an attorney to enforce any of the
    conditions or covenants hereof, including the collection of rentals or gaining possession of
    the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys'
    fees. Tenants hereby understand and agree specifically that such attorney may be Landlord,
    and in such instance, Tenants would remain responsible for all expenses so incurred,
    including such reasonable attorneys’ fees as Landlord would normally charge in such
    matters.

21. This Lease Agreement shall be construed and governed by the laws of the State of
    _______________. [Instruction: Insert state.]

22. Should any provision or provisions of the Lease Agreement and/or its conditions be illegal or
    not enforceable, it or they shall be considered separate and severable from the Lease
    Agreement 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.

23. 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 and 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.

24. The parties hereby agree that this document contains the entire agreement between the parties
    and this Agreement shall not be modified, changed, altered or amended in any way except
    through a written amendment signed by all of the parties hereto


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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                                              )
                                                                 )
                                                                 )
                                                                 )
Witness:                                                         )        Tenant
                                                                 )
                                                                 )
                                                                 )
Witness:                                                         )        Landlord




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                                                 SCHEDULE “A”

                              AGREEMENT OF PURCHASE AND SALE




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