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.
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 © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 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.] © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 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; © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 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 © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5 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 © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 6 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 © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 7 SCHEDULE “A” AGREEMENT OF PURCHASE AND SALE © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 8
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