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Rental & Lease Agreement Draft
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RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter "Agreement") is entered into, this , by and between:
_________________ of _________________
and the Lessees:
_________________ of _________________
In regards to the Property:
The Landlord and Tenants do hereby agree to abide by the terms set out in this Agreement. The terms of this Agreement are as follows:
In consideration of the rent payment to be paid by Tenants and of the other covenants and agreements herein contained, the Landlord rents to Tenants the .
Tenants shall use the only for residential purposes. Tenants shall not use or allow the use of the in any way that interferes with other tenants' use and enjoyment of the or neighboring property. Tenants shall not use the for any illegal or improper use. Additionally, the Tenants shall comply with all Zoning Ordinances, Protective Covenants and Deed Restrictions.
The Tenants agree while pets are permitted in the they are subject to the following: ___________________________________________________. The Tenants acknowledge that they are exclusively responsible for any and all damage caused to the by any pet residing in, or visiting the .
PAYMENT SCHEDULE AND DETAILS
The Tenants agree to pay a rate of _________________ Dollars ($_______ USD). Payment shall be made in the form of , on or before: _________________ during the entire length of this Agreement. Payments shall be made at: _________________, _________________ , _________________, or at such other place as the Landlord and Tenants agree upon.
LENGTH OF AGREEMENT
This Agreement shall begin ___________ ____, _____. Unless terminated, this Agreement shall be automatically renewed . Either party may terminate this Agreement by giving written notice to the other at least _________________ days prior to the end of the calendar month.
The Tenants shall comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes; maintain the in good condition during the entire length of this Agreement and shall neither cause nor allow any abuse of the facilities therein.
The Tenants shall inform the Landlord of any condition that may cause damage to the . If the , or any part of the , is partially damaged by fire or other casualty not due to the negligence or willful act of the Tenants or an agent of the Tenants, the will be immediately repaired by the Landlord and there will be an abatement of rent corresponding with the time during which the was untreatable.
Upon the termination or expiration of this Agreement the Tenants shall redeliver the property, amenities, furniture, appliances and any other applicable aspects of the , in as good condition as at the commencement of the Agreement or as may be put in during the Agreement. Reasonable wear and tear from use and obsolescence to the shall be accepted. Furthermore, the Landlord retains a Landlords Lien on all personal property placed upon the premises to secure the payment of rent and any damages to the .
Tenants shall make no alterations, additions or improvements to the (including the application of paints, stains, nails or screws to the woodwork, walls, floors or furnishings) without first obtaining the express written consent of the Landlord.
Tenant acknowledges that Landlord's insurance does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall Landlord be held liable for such losses. Tenant is hereby advised to obtain his own insurance policy to cover any personal losses.
ENTRY FOR REPAIRS OR SHOW
In addition to the rights provided by the laws applicable to the State of _________________, the Landlord shall have the right to enter the at all reasonable times for the purpose of inspecting the and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by the Landlord for the preservation of the or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Agreement. The Landlord shall give reasonable notice of intent to enter except in the case of an emergency.
The Tenants shall be entitled to quiet enjoyment of the for the term of this Agreement provided that the Tenants pays rent in a timely manner and performs all covenants and obligations under this Agreement.
POSSESSION AND SURRENDER OF THE
At the expiration of the Agreement Term, Tenants shall immediately surrender the to the Landlord in the same condition as at the start of the Agreement, reasonable wear and tear elements excepted. The Tenants shall return a complete set of keys to the Landlord and provide in writing, the Tenants forwarding address. If any Tenant remains in the after the expiration or termination of this Agreement without the Landlords written permission, the Landlord may recover possession of the in the manner provided for by law.
Abandonment is defined as absence of the Tenants from the premises for a period of seven (7) or more consecutive days while rent or any owing monies remain unpaid - whereupon Tenants will be considered in breach of this Agreement. If Tenants abandons the during the term of this Agreement, the Landlord may enter the by any legal means, without being liable for such entering, and without becoming liable to the Tenants for damages caused upon entering. Landlord may consider any personal property belonging to the Tenants and left on the property to also have been abandoned, in which case the Landlord may dispose of all such personal property in any manner the Landlord deems proper without becoming liable to the Tenants for doing so.
The Landlord may at its option terminate the Agreement and re-let the , and may receive and collect all rent payable by virtue of such re-letting. Had this Agreement continued in force, the Landlord may hold the Tenants liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term and the net rent for such period realized by the Landlord by means of the re-letting.
If the Tenants is in breach of this Agreement, and the Landlord finds it necessary to enforce this Agreement, or collect rental or other damages, through an attorney or in a legal action, the Landlord shall be indemnified by the Tenants for any reasonable attorneys' fees and out-of-pocket costs which in any way relate to, or were precipitated by, the breach of this Agreement by the Tenants.
The Landlord's failure to enforce or insist on compliance with any provisions of this Agreement shall not be deemed a waiver nor a limitation of the Landlord's right to enforce or insist on compliance with the provisions of this Agreement.
Except as otherwise provided in this Agreement, all of the covenants, conditions, and provisions of this Agreement shall apply to and bind the parties and the heirs, personal representatives, successors, and assigns of the parties.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
AMENDMENT OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by both parties.
This Agreement constitutes the entire agreement between the parties and supercedes any prior written or oral covenants or representations relating thereto and not set forth herein shall be binding on either party hereto. This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by the Landlord and Tenants. The Landlord has made no representation or warranty to Tenants except as herein expressly set forth.
Should any conflicts arise between any party of this Agreement and the applicable legislation of the State of _________________, the State Laws will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the State Laws. Furthermore, any provisions that are required by State Laws may be subsequently incorporated into this Agreement.
In the event any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
This Agreement shall be governed and construed in accordance with the laws of the State of _________________.
The parties hereby indicate by their signatures below that they have read and agree with the terms and conditions of this Agreement in its entirety.
Dated: , .