Residential Apartment Lease - DOC by biglawman


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This is an apartment lease made this ____ day of _______________ 19__ by and between ____________________________ (hereinafter collectively referred to as "Landlord") and ______________________________ (hereinafter individually or collectively, as the case may be, referred to as "Tenant"). WITNESSETH: For and in consideration of the mutual promises and covenants herein contained the parties agree as follows: 1. Location of apartment. Landlord hereby rents to Tenant and Tenant hereby rents from Landlord the apartment located at ______________________________ (hereinafter referred to as "the apartment"). 2. Use. Tenant agrees to use and occupy the apartment as a private residence, and for no other purpose whatsoever. 3. Term. The term of this lease shall be for months beginning on the ____ day of ______________, 20__ and ending at midnight on the ____ day of _____________, 20__. 4. Rental. Tenant agrees to pay to Landlord on or before the first day of the month, in advance, during the term of this lease, a monthly rental of $___________. If the term of this lease commences on a day other than the first day of a calendar month, Tenant shall pay, in advance, the sum of $_____________ for the period from ________ to the end of such calendar month, and thereafter shall pay, in advance, the regular monthly rentals on the first day of each month. 5. Additional rental. Tenant expressly understands and agrees that all rental payments required to be made hereunder by Tenant shall be made promptly, in advance, on or

before the due date thereof. Time is of the essence of this provision. In the event Tenant fails to make any such rental payments within 5 days after the same shall become due, Landlord shall have the right, at its option, to collect and Tenant hereby agrees to pay as additional rental, a late charge in an amount equal to ________ per day thereafter that Tenant is late in making such payment. The right hereby granted to Landlord to collect such late charge as additional rental is in addition to any and all other rights and remedies available to Landlord upon such failure to make timely payments. 6. Security deposits. Tenant agrees to maintain the apartment and return the same to Landlord at the expiration or termination of this lease in the same condition and repair as exist at the commencement of the term of this lease, normal wear and tear excepted. Tenant has inspected the apartment and the condition of the apartment, including the condition of all appliances, furnishings, equipment, fixtures, floors, walls, ceilings, doors, hardware and other items in the apartment. The apartment is rented "as is." To secure Tenant's obligations under this paragraph, Tenant has herewith deposited and Landlord herewith acknowledges receipt of a security deposit in the amount of $____________. Landlord shall hold said security deposit in the manner provided by law. Said security deposit shall be returned to Tenant within 30 days after Tenant has vacated the apartment, provided that (i) Tenant has paid to Landlord all amounts due and owing hereunder and (ii) the apartment is not damaged and is returned to Landlord in the same or better condition as exist at the commencement of the term of this lease, normal wear and tear excepted. Said security deposit may be applied by Landlord to satisfy all or part of Tenant's obligations hereunder; it being expressly understood that nothing hereunder shall prevent Landlord from claiming damages in excess of the amount of said security deposit. Tenant further expressly understands and agrees that said security deposit may never be used for any portion of any rental payment hereunder.

7. Pets. No pets, birds or animals of any kind shall be permitted in the apartment without the written consent of Landlord. Tenant expressly acknowledges and agrees that any violation of this paragraph shall be a default under the terms hereof and shall entitle Landlord to those remedies provided in paragraph 13 hereof and any other applicable remedies at law or in equity. 8. Utilities. Landlord agrees to provide, at its expense, water to the apartment; provided, however, Landlord shall not be liable for any failure to provide such utilities caused by an act of God, casualty, or failure of the utility company to provide service for any reason, other than nonpayment on the part of landlord or failure of landlord to comply with applicable rules and regulations. The cost of any other utilities serving the apartment shall be paid by Tenant. 9. Tenant's Covenants. Tenant covenants and agrees that Tenant shall: (a) at his own expense, keep the apartment in good repair and tenantable condition and repair or replace any and all broken glass or other damage in and to the apartment caused by Tenant, his guests, invitees or licensees with the same quality and size of materials; (b) make no alterations or additions in or to the apartment, nor paint nor place any wall cover on any part thereof, without first obtaining Landlord's written consent. All such alterations and additions, all fixtures and carpet placed within the apartment by Tenant and all leasehold improvements to the apartment made by Landlord or Tenant, whether temporary or permanent in character, except only the movable furniture and other personalty of Tenant, shall be Landlord's property and shall remain upon and in the apartment at the termination of this lease, whether by lapse of time or otherwise, and without compensation or payment to Tenant; (c) not use the apartment for any illegal purpose; nor violate any statute, regulation, rule or order of any governmental body; or create or allow to exist any nuisance or trespass; nor do any act in or about the apartment or bring anything onto or in the apartment which might vitiate or increase the rate of insurance on the

apartment; nor deface or injure the apartment; (d) report immediately in writing to Landlord any defective condition in or about the apartment known to Tenant and a failure so to report shall make Tenant liable to Landlord for any expense of, or damage to Landlord resulting from such defective condition; and (e) in the use of electricity, not exceed the capacity of existing feeders, risers, circuitry or wiring for the apartment. 10. Reentry by Landlord. Tenant acknowledges that Landlord shall have, and Tenant hereby expressly grants unto Landlord, its agents, employees and representatives, the right to enter the apartment at all reasonable hours for the purpose of examining and inspecting the apartment, making all repairs, additions or alterations as Landlord shall be required to make under the terms of this lease or as Landlord may deem necessary or desirable, exterminating the apartment to control bugs and insects and showing the apartment to prospective tenants, purchasers or lenders. Tenant assumes personal liability for any damages to the apartment as a result of Tenant's refusal to grant Landlord or its agents access to Tenant's apartment immediately upon request. Whenever under the terms of this lease Landlord is entitled to possession of the apartment, landlord may forthwith reenter the apartment and repossess itself thereof and take necessary actions to remove all persons and effects therefrom, using such force as may be necessary without being guilty of forcible detainer, trespass or other torts. 11. Assignment or subletting. Tenant may not sublet the apartment or assign this lease without the written consent of the Landlord. 12. Vacating upon Termination. Tenant covenants and agrees that upon the expiration of the term of this lease or upon termination of the lease for any reason, he shall at once peacefully surrender and vacate the apartment and remove all personalty within the apartment belonging to Tenant; it being understood that all fixtures and improvements to the

apartment whether placed therein by landlord or Tenant become the sole property of Landlord and shall remain with the apartment upon termination or expiration of the lease or upon abandonment by Tenant. 13. Remedies. In the event Tenant fails to pay on or before the due date thereof any payment owing to Landlord under the terms of this lease, whether the same constitute rent, late charge, payment for damage to property, reimbursement or indemnity for claim of damage to property, or otherwise, or in the event Tenant or his spouse or any other member of Tenant's family or any guest, invitee or licensee of Tenant, or other person in the employ or under the control of Tenant shall in any respect violate any provision of this lease, as amended from time to time, then, in such event, landlord shall have the right, without notice, immediately to terminate this lease and the right of Tenant and those claiming under Tenant to occupy the apartment; provided, however, that no such termination shall relieve Tenant to Tenant's obligations hereunder. In the event Landlord exercised the foregoing right to terminate this lease and the right of Tenant to occupy the apartment, Tenant shall immediately vacate the apartment and deliver possession of the same to Landlord, and shall pay landlord all sums owing by Tenant to Landlord provided in this lease. In addition to the foregoing, in the event landlord shall determine that for any reasons it no longer desires to have Tenant occupy the apartment, then landlord shall have the right upon giving Tenant three days written notice, to terminate this lease and the right of Tenant and those claiming under Tenant to occupy the apartment, in which case Tenant shall vacate the apartment prior to the expiration of said 3-day period, deliver Possession of the same to Landlord, pay the Landlord all sums owing by Tenant to Landlord as provided in this lease, including rental through the day of which Tenant is required to vacate the apartments in addition to the rights of Landlord specifically granted herein, Landlord shall have the right to exercise any and all remedies available at law or in equity in any court of competent jurisdiction.

Tenant agrees to pay any and all cost of collection of monies due and owing hereunder and the cost of collection of any and all awards of damages, including specifically but not limited to all court costs and reasonable attorney's fees. 14. Repairs. Landlord shall make all necessary repairs to the apartment, within a reasonable time of receipt of written notice from Tenant identifying any defect or condition rendering the apartment unsafe or untenantable. Tenant shall be liable and shall hold Landlord harmless on account of any damage or injury to persons or property, if such damage or injury is due to the willful or intentional act or negligence of Tenant or his employees, guests, invitees or licensees, or if such injury or damage is caused by any such defective condition which Tenant had failed to report promptly in writing to Landlord. In the event the air conditioning or heating equipment, or the stove or refrigerator or any other appliance or fixture in the apartment shall need repairs or become unserviceable, Tenant shall promptly notify Landlord of such fact and Landlord shall have a reasonable time thereafter within which to determine the responsibility therefore and to cause the same to be repaired. Landlord shall not be liable to Tenant for any loss, damage or inconvenience sustained by Tenant as a result of Landlord's failure to maintain or repair such equipment or fixtures, provided Landlord uses its best efforts to make necessary repairs within a reasonable time period. 15. Damage or destruction. If the apartment is rendered untenantable by an act of God or other casualty, this lease shall terminate as of the date of such damage or destruction and rental payments shall be prorated as of such date. All personal property placed in the apartment or in any place in the apartment complex shall be at the risk of Tenant, and landlord shall not be liable for any damages to said personalty as a result of any act of God or other casualty; nor shall Landlord be liable to Tenant for any damage or destruction to the apartment or to Tenant's personalty caused by the negligent or intentional acts of any person other than Landlord or

Landlord's agents acting within the scope of their authority as agents of Landlord and on its behalf. 16. Subordination. Tenant's rights hereunder are subordinate and subject to any mortgages, deeds of trust, deeds to secure debt or other security interests now or hereafter encumbering the apartment complex. 17. Holding Over. There shall be no renewal of this lease by operation of law; if Tenant remains in possession after expiration of the term of this lease or after termination of this lease, without renewing this lease, Tenant shall be a tenant at will. As a tenant at will, Tenant shall be required to give 30 days notice, in writing, to Landlord prior to vacating the apartment. 18. Entire Agreement. This lease contains the entire agreement of the parties and supersedes any and all prior agreements and understandings, if any, relating to the apartment, and may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 19. Time of the essence. Time is of the essence in this lease. 20. Use of terms. As used herein the term Landlord shall include its respective heirs, legal representatives, successors, successors-in-interest Tenant shall include its respective heirs and legal IN WITNESS WHEREOF, the parties have executed this lease the day and year first above written.

LANDLORD: ________________________ TENANT: ________________________

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