Lease Agreement
THIS LEASE AGREEMENT (hereinafter referred to as the
"Agreement") made and entered into this _(1)_ day of
____(2)_____, 20_(3)_, by and between
______________(4)________________________, whose address is
____________(5)__________________ (hereinafter referred to as
"Lessor") and ________________(6)_________________
(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 _____(7)_______ County,
_____(8)_____, such real property having a street address of
_______(9)_______.
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 ($10.00), the covenants and obligations contained
herein and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties
hereto hereby agree as follows:
1. TERM. Lessor leases to Lessee and Lessee leases from Lessor
the above described Premises together with any and all
appurtenances thereto, for a term of _(10)_ year(s), such term
beginning on _____(11)______, and ending at 12 o'clock
midnight on __________(12)________.
2. RENT. The total rent for the term hereof is the sum of
_____________(13)_______________ DOLLARS ($____________)
payable on the _(14)_ day of each month of the term, in equal
installments of _______________(15)___________ DOLLARS
($_____________) first and last installments to be paid upon
the due execution of this Agreement, the second installment to
be paid on _________(16)__________. All such payments shall be
made to Lessor at Lessor's address as set forth in the
preamble to this Agreement on or before the due date and
without demand.
3. DAMAGE DEPOSIT. Upon the due execution of this Agreement,
Lessee shall deposit with Lessor the sum of
__________(17)_____________ DOLLARS ($________) 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
________(18)__________ __________________________
____________, 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
______(19)________ DOLLARS ($___________) per month and except
that such tenancy shall be terminable upon fifteen (15) days
written notice served by either party.
16. SURRENDER OF PREMISES. Upon the expiration of the term
hereof, Lessee shall surrender the Premises in as good a state
and condition as they were at the commencement of this
Agreement, reasonable use and wear and tear thereof and
damages by the elements excepted.
17. ANIMALS. Lessee shall be entitled to keep no more than
_(20)_ (___) domestic dogs, cats or birds; however, at such
time as Lessee shall actually keep any such animal on the
Premises, Lessee shall pay to Lessor a pet deposit of
_________(21)__________ DOLLARS ($_______),
_______(22)________ 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 _________(23)____________ ($__________).
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
_______(24)___________.
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 _(25)_ day of _____(26)_____, 20_(27)_.
Witnesses: "Lessor"
_________(28)____________ ____________(29)____________
_________(30)____________
_________(28)____________
As to Lessee this _(31)_ day of ______(32)____, 20_(33)_.
Witnesses: "Lessee"
_________(28)____________ _____________(34)___________
_________(28)____________ _____________(35)___________
Notice
The information in this document is designed to provide an outline that you can follow when formulating business or personal plans. Due to the variances by many local, city, county and state laws, we recommend that you seek professional legal counseling before entering into any contract or agreement.
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