THIS LEASE AGREEMENT (hereinafter referred to as the “Agreement”)
is made and entered into this ________ day of _________________, 20____,
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 ($10.00), the covenants and obligations
contained herein and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,
the parties hereto hereby agree as follows:
TERM. Lessor leases to Lessee and Lessee leases from Lessor the above
described Premises together with any and all appurtenances thereto, for
a term of ______ year(s), such term beginning on __________________, and
ending at 12 o’clock midnight on ______________________.
RENT. The total rent for the term hereof is the sum of ______ DOLLARS
($____________) payable on the ______ day of each month of the term, in
equal installments of ______________________________ DOLLARS
($_____________) first and last installments to be paid upon the due
execution of this Agreement, the second installment to be paid on
_______________________. All such payments shall be made to Lessor at
Lessor’s address as set forth in the preamble to this Agreement on or
before the due date and without demand.
DAMAGE DEPOSIT. Upon the due execution of this Agreement, Lessee shall
deposit with Lessor the sum of ___________________________ DOLLARS
($________) 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.
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.
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.
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.
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.
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.
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.
UTILITIES. Lessee shall be responsible for arranging for and paying for
all utility services required on the Premises.
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.
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.
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.
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.
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
($___________) per month and except that such tenancy shall be terminable
upon fifteen (15) days written notice served by either party.
SURRENDER OF PREMISES. Upon the expiration of the term hereof, Lessee
shall surrender the Premises in as good a state and condition as they
were at the commencement of this Agreement, reasonable use and wear and
tear thereof and damages by the elements excepted.
ANIMALS. Lessee shall be entitled to keep no more than ______ (___)
domestic dogs, cats or birds; however, at such time as Lessee shall
actually keep any such animal on the Premises, Lessee shall pay to Lessor
a pet deposit of _______________________ DOLLARS ($_________),
___________________ 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.
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.
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.
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.
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 _________________________
($__________).
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.
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.
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.
GOVERNING LAW. This Agreement shall be governed, construed and
interpreted by, through and under the Laws of the State of
__________________.
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.
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.
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.
CONSTRUCTION. The pronouns used herein shall include, where
appropriate, either gender or both, singular and plural.
NON-WAIVER. No indulgence, waiver, election or non-election by Lessor
under this Agreement shall affect Lessee’s duties and liabilities
hereunder.
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.
As to Lessor this ______ day of ________________________, 20_____.
Witnesses:
“Lessor”
______________________________________
______________________________________
______________________________________
______________________________________
As to Lessee, this ______ day of ________________________, 20_____.
Witnesses:
“Lessee”
______________________________________
______________________________________
______________________________________
______________________________________
______________________________________