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Important
Note:
Forms are to be used as a guide only to assist you. No liability is assumed for errors in substance or form. It is your responsibility to revise the forms to meet current law
requirements and your particular situation. No liability is assumed for improper use of these forms.
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LEASE
AGREEMENT
THIS LEASE
AGREEMENT (hereinafter referred to as the "Agreement") made and
entered into
this ____ day of ___________, 19____, by and between
________________________________________,
whose address is
________________________________
(hereinafter referred to as "Lessor") and
___________________________________
(hereinafter referred to as "Lessee").
W I T N E S S E
T H :
WHEREAS, Lessor
is the fee owner of certain real property being, lying and situate in
______________
County, ____________, such real property having a street address of
___________________________________________________.
WHEREAS, Lessor
is desirous of leasing the Premises to Lessee upon the terms and
conditions as
contained herein; and
WHEREAS, Lessee
is desirous of leasing the Premises from Lessor on the terms and
conditions as
contained herein;
NOW, THEREFORE,
for and in consideration of the sum of TEN DOLLARS ($10.00), the
covenants and
obligations contained herein and other good and valuable consideration, the
receipt
and sufficiency
of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. TERM. Lessor
leases to Lessee and Lessee leases from Lessor the above described
Premises
together with any and all appurtenances thereto, for a term of ____ year(s),
such term
beginning on
________________, and ending at 12 o'clock midnight on ____________________.
2. RENT. The
total rent for the term hereof is the sum of
______________________________
DOLLARS ($____________) payable on the ____ day of
each month of
the term, in equal installments of ____________________________ DOLLARS
($_____________)
first and last installments to be paid upon the due execution of this
Agreement, the
second installment to be paid on _____________________. All such payments
shall be made to
Lessor at Lessor's address as set forth in the preamble to this Agreement on or
before the due
date and without demand.
3. DAMAGE
DEPOSIT. Upon the due execution of this Agreement, Lessee shall deposit
with Lessor the
sum of _________________________ DOLLARS ($________) receipt of which is
hereby
acknowledged by Lessor, as security for any damage caused to the Premises during
the
term hereof.
Such deposit shall be returned to Lessee, without interest, and less any set off
for
damages to the
Premises upon the termination of this Agreement.
4. USE OF
PREMISES. The Premises shall be used and occupied by Lessee and Lessee's
immediate
family, consisting of ____________________ __________________________
____________,
exclusively, as a private single family dwelling, and no part of the Premises
shall be
used at any time
during the term of this Agreement by Lessee for the purpose of carrying on any
business,
profession, or trade of any kind, or for any purpose other than as a private
single family
dwelling. Lessee
shall not allow any other person, other than Lessee's immediate family or
transient
relatives and friends who are guests of Lessee, to use or occupy the Premises
without first
obtaining
Lessor's written consent to such use.
Lessee 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.
5. CONDITION OF
PREMISES. Lessee stipulates, represents and warrants that Lessee
has examined the
Premises, and that they are at the time of this Lease in good order, repair, and
in
a safe, clean
and tenantable condition.
6. ASSIGNMENT
AND SUB-LETTING. Lessee shall not assign this Agreement, or sub-let
or grant any
license to use the Premises or any part thereof without the prior written
consent of
Lessor. A
consent by Lessor to one such assignment, sub-letting or license shall not be
deemed to
be a consent to
any subsequent assignment, sub-letting or license. An assignment, sub-letting or
license without
the prior written consent of Lessor or an assignment or sub-letting by operation
of
law shall be
absolutely null and void and shall, at Lessor's option, terminate this
Agreement.
7. ALTERATIONS
AND IMPROVEMENTS. Lessee shall make no alterations to the
buildings or
improvements on the Premises or construct any building or make any other
improvements on
the Premises without the prior written consent of Lessor. Any and all
alterations,
changes, and/or
improvements built, constructed or placed on the Premises by Lessee shall,
unless otherwise
provided by written agreement between Lessor and Lessee, be and become the
property of
Lessor and remain on the Premises at the expiration or earlier termination of
this
Agreement.
8. NON-DELIVERY
OF POSSESSION. In the event Lessor cannot deliver possession of
the Premises to
Lessee upon the commencement of the Lease term, through no fault of Lessor or
its agents, then
Lessor or its agents shall have no liability, but the rental herein provided
shall abate
until possession
is given. Lessor or its agents shall have thirty (30) days in which to give
possession,
and if
possession is tendered within such time, Lessee agrees to accept the demised
Premises and
pay the rental
herein provided from that date. In the event possession cannot be delivered
within
such time,
through no fault of Lessor or its agents, then this Agreement and all rights
hereunder
shall terminate.
9. HAZARDOUS
MATERIALS. Lessee 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 that might be considered hazardous or extra hazardous by any
responsible
insurance company.
10. UTILITIES.
Lessee shall be responsible for arranging for and paying for all utility
services
required on the Premises.
11. MAINTENANCE
AND REPAIR; RULES. Lessee will, at its sole expense, keep and
maintain the
Premises and appurtenances in good and sanitary condition and repair during the
term of this
Agreement and any renewal thereof. Without limiting the generality of the
foregoing,
Lessee shall:
(a) Not obstruct
the driveways, sidewalks, courts, entry ways, stairs and/or halls, which
shall be used
for the purposes of ingress and egress only;
(b) Keep all
windows, glass, window coverings, doors, locks and hardware in good, clean
order and
repair;
(c) Not obstruct
or cover the windows or doors;
(d) Not leave
windows or doors in an open position during any inclement weather;
(e) Not hang any
laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor
air or dry any
of same within any yard area or space;
(f) Not cause or
permit any locks or hooks to be placed upon any door or window without
the prior
written consent of Lessor;
(g) Keep all air
conditioning filters clean and free from dirt;
(h) Keep all
lavatories, sinks, toilets, and all other water and plumbing apparatus in good
order and repair
and shall use same only for the purposes for which they were constructed. Lessee
shall not allow
any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or
deposited
therein. Any damage to any such apparatus and the cost of clearing stopped
plumbing
resulting from
misuse shall be borne by Lessee;
(i) And Lessee's
family and guests shall at all times maintain order in the Premises and at
all places on
the Premises, and shall not make or permit any loud or improper noises, or
otherwise
disturb other residents;
(j) Keep all
radios, television sets, stereos, phonographs, etc., turned down to a level of
sound that does
not annoy or interfere with other residents;
(k) Deposit all
trash, garbage, rubbish or refuse in the locations provided therefor and shall
not allow any
trash, garbage, rubbish or refuse to be deposited or permitted to stand on the
exterior of any
building or within the common elements;
(l) Abide by and
be bound by any and all rules and regulations affecting the Premises or
the common area
appurtenant thereto which may be adopted or promulgated by the Condominium
or Homeowners'
Association having control over them.
12. DAMAGE TO
PREMISES. In the event the Premises are destroyed or rendered wholly
untenantable by
fire, storm, earthquake, or other casualty not caused by the negligence of
Lessee, 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
Lessor and Lessee up to the time of such injury or destruction of the Premises,
Lessee paying
rentals up to such date and Lessor refunding rentals collected beyond such date.
Should a portion
of the Premises thereby be rendered untenantable, the Lessor shall have the
option of either
repairing such injured or damaged portion or terminating this Lease. In the
event
that Lessor
exercises its right to repair such untenantable 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
Lessor as speedily as practicable, after which the full rent shall recommence
and the
Agreement
continue according to its terms.
13. INSPECTION
OF PREMISES. Lessor and Lessor's agents shall have the right at all
reasonable times
during the term of this Agreement and any renewal thereof to enter the Premises
for the purpose
of inspecting the Premises and all buildings and improvements thereon. And for
the
purposes of
making any repairs, additions or alterations as may be deemed appropriate by
Lessor
for the
preservation of the Premises or the building. Lessor and its agents shall
further have the
right to exhibit
the Premises and to display the usual "for sale", "for rent"
or "vacancy" signs on the
Premises at any
time within forty-five (45) days before the expiration of this Lease. The right
of
entry shall
likewise exist for the purpose of removing placards, signs, fixtures,
alterations or
additions, but
do not conform to this Agreement or to any restrictions, rules or regulations
affecting
the Premises.
14.
SUBORDINATION OF LEASE. This Agreement and Lessee's interest hereunder are
and shall be
subordinate, junior and inferior to any and all mortgages, liens or encumbrances
now
or hereafter
placed on the Premises by Lessor, all advances made under any such mortgages,
liens or
encumbrances (including, but not limited to, future advances), the interest
payable on such
mortgages, liens
or encumbrances and any and all renewals, extensions or modifications of such
mortgages, liens
or encumbrances.
15. LESSEE'S
HOLD OVER. If Lessee remains in possession of the Premises with the
consent of
Lessor after the natural expiration of this Agreement, a new tenancy from
month-to-month
shall be created between Lessor and Lessee which shall be subject to all of the
terms and
conditions hereof except that rent shall then be due and owing at
________________
DOLLARS
($___________) per month and except that such tenancy shall be terminable upon
fifteen (15)
days written notice served by either party.
16. SURRENDER OF
PREMISES. Upon the expiration of the term hereof, Lessee shall
surrender the
Premises in as good a state and condition as they were at the commencement of
this
Agreement,
reasonable use and wear and tear thereof and damages by the elements excepted.
17. ANIMALS.
Lessee shall be entitled to keep no more than ____ (___) domestic dogs,
cats or birds;
however, at such time as Lessee shall actually keep any such animal on the
Premises,
Lessee shall pay
to Lessor a pet deposit of _____________________ DOLLARS ($_______),
_________________
DOLLARS ($_________) of which shall be non-refundable and shall be used
upon the
termination or expiration of this Agreement for the purposes of cleaning the
carpets of the
building.
18. QUIET
ENJOYMENT. Lessee, upon payment of all of the sums referred to herein as
being payable by
Lessee and Lessee's performance of all Lessee's agreements contained herein
and Lessee's
observance of all rules and regulations, shall and may peacefully and quietly
have,
hold and enjoy
said Premises for the term hereof.
19.
INDEMNIFICATION. Lessor shall not be liable for any damage or injury of or to
the
Lessee, Lessee's
family, guests, invitees, agents or employees or to any person entering the
Premises or the
building of which the Premises are a part or to goods or equipment, or in the
structure or
equipment of the structure of which the Premises are a part, and Lessee hereby
agrees
to indemnify,
defend and hold Lessor harmless from any and all claims or assertions of every
kind
and nature.
20. DEFAULT. If
Lessee fails to comply with any of the material provisions of this
Agreement, other
than the covenant to pay rent, or of any present rules and regulations or any
that
may be hereafter
prescribed by Lessor, or materially fails to comply with any duties imposed on
Lessee by
statute, within seven (7) days after delivery of written notice by Lessor
specifying the
non-compliance
and indicating the intention of Lessor to terminate the Lease by reason thereof,
Lessor may
terminate this Agreement.
If Lessee fails
to pay rent when due and the default continues for seven (7) days thereafter,
Lessor may, at
Lessor's option, declare the entire balance of rent payable hereunder to be
immediately due
and payable and may exercise any and all rights and remedies available to Lessor
at law or in
equity or may immediately terminate this Agreement.
21. LATE CHARGE.
In the event that any payment required to be paid by Lessee
hereunder is not
made within three (3) days of when due, Lessee shall pay to Lessor, in addition
to
such payment or
other charges due hereunder, a "late fee" in the amount of
_______________________
($__________).
22. ABANDONMENT.
If at any time during the term of this Agreement Lessee abandons
the Premises or
any part thereof, Lessor may, at Lessor's option, obtain possession of the
Premises in the
manner provided by law, and without becoming liable to Lessee for damages or for
any payment of
any kind whatever. Lessor may, at Lessor's discretion, as agent for Lessee,
relet
the Premises, or
any part thereof, for the whole or any part thereof, for the whole or any part
of the
then unexpired
term, and may receive and collect all rent payable by virtue of such reletting,
and, at
Lessor's option,
hold Lessee liable for any difference between the rent that would have been
payable under
this Agreement during the balance of the unexpired term, if this Agreement had
continued in
force, and the net rent for such period realized by Lessor by means of such
reletting. If
Lessor's right
of reentry is exercised following abandonment of the Premises by Lessee, then
Lessor shall
consider any personal property belonging to Lessee and left on the Premises to
also
have been
abandoned, in which case Lessor may dispose of all such personal property in any
manner Lessor
shall deem proper and Lessor is hereby relieved of all liability for doing so.
23. ATTORNEYS'
FEES. Should it become necessary for Lessor to employ an attorney to
enforce any of
the conditions or covenants hereof, including the collection of rentals or
gaining
possession of
the Premises, Lessee agrees to pay all expenses so incurred, including a
reasonable
attorneys' fee.
24. RECORDING OF
AGREEMENT. Lessee shall not record this Agreement on the Public
Records of any
public office. In the event that Lessee shall record this Agreement, this
Agreement
shall, at
Lessor's option, terminate immediately and Lessor shall be entitled to all
rights and
remedies that it
has at law or in equity.
25. GOVERNING
LAW. This Agreement shall be governed, construed and interpreted by,
through and
under the Laws of the State of ____________________.
26. SEVERABILITY.
If any provision of this Agreement or the application thereof shall, for
any reason and
to any extent, be invalid or unenforceable, neither the remainder of this
Agreement
nor the
application of the provision to other persons, entities or circumstances shall
be affected
thereby, but
instead shall be enforced to the maximum extent permitted by law.
27. BINDING
EFFECT. The covenants, obligations and conditions herein contained shall
be binding on
and inure to the benefit of the heirs, legal representatives, and assigns of the
parties
hereto.
28. DESCRIPTIVE
HEADINGS. The descriptive headings used herein are for convenience
of reference
only and they are not intended to have any effect whatsoever in determining the
rights
or obligations
of the Lessor or Lessee.
29.
CONSTRUCTION. The pronouns used herein shall include, where appropriate, either
gender or both,
singular and plural.
30. NON-WAIVER.
No indulgence, waiver, election or non-election by Lessor under this
Agreement shall
affect Lessee's duties and liabilities hereunder.
31.
MODIFICATION. 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.
IN WITNESS
WHEREOF, the parties have caused these presents to be duly executed:
As to Lessor
this ____ day of ____________, 19____.
Witnesses:
"Lessor"
__________________________
____________________________
__________________________
__________________________
As to Lessee
this ____ day of ____________, 19____.
Witnesses:
"Lessee"
_______________________
__________________________
_______________________
__________________________
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