RESIDENTIAL
LEASE AGREEMENT
This Agreement
is made between [Full name and address of landlord] ("Landlord") and
[Full name and address of Tenant] ("Tenant"). In consideration of the
mutual promises, and for good and valuable consideration, Landlord and Tenant
agree as follows:
Terms
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1.
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Description of
Premises. Landlord leases to Tenant, and Tenant leases from Landlord, the
property described in this Agreement for the term and in accordance with the
conditions of this lease. The real estate is located at the following
address: ______________________________________________ and is described as
follows:
_________________________________________________________
("Premises").
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2.
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Term. The term
shall be for the period commencing on [date] and ending on [date].
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3.
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Rent; Security.
The rent for the term is tk.___________, payable in advance without any
demand or notice, deduction, set-off, or recoupment, in equal monthly
installments of tk.________. Monthly installments shall be paid by check
payable to the Landlord on the first day of each month during the term (the
"Rent Due Date"). Landlord acknowledges receipt from Tenant of the
sum of tk.______ as security deposit. This deposit ____________ [insert
either: shall or shall not] bear interest and __________ [insert either: may
or may not] be commingled with Landlord's other funds. The security deposit
shall be returned to Tenant within _____ days of the termination of the full
term of this lease and surrender of possession, less the cost of any repairs
that are made necessary by Tenant's actions. If Tenant fails to pay rent
within days after the Rent Due Date, Tenant shall pay, as a late charge, a
sum equal to percent (%) of the amount delinquent in rent.
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4.
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Tenant's
Occupancy and Use. The Premises shall be used solely as a residential
dwelling for Tenant and Tenant's immediate family. Tenant agrees to promptly
pay all charges for________ [insert items, such as telephone, gas,
electricity, sewage, and water] incurred by Tenant's use of the Premises. Tenant
shall not use or permit the use of the Premises in such a way as to violate
any applicable laws rules or regulations. Tenant will promptly advise
Landlord of any situation or condition that requires repair or maintenance.
Tenant will not make any renovation or modification, including decorative
improvements such as painting or paneling, in the Premises without first
obtaining Landlord's approval, or Landlord may require Tenant to remove any
or all of such additions, improvements or fixtures. Tenant will permit
Landlord to regularly enter the Premises during normal working hours for the
purpose of maintaining or making repairs or alterations to the building. Upon
termination of this Lease, or upon request of Landlord, Tenant will return
all furniture and personal property provided to Tenant by Landlord in the
same condition that it was received by Tenant (less reasonable wear and
tear).
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5.
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Transfer of
Tenancy; Insurance. Tenant will not assign this Agreement or sublease the
Premises without the express written consent of Landlord, and in the event of
such consent this Agreement shall be binding upon and inure to the benefit of
the heirs, personal representatives, and permitted assigns or subtenants.
Tenant will carry and maintain in full force and effect during the term of
this Lease and any lease extension or renewal, at Tenant's expense, the
following insurance coverage with respect to the Premises and the personal
property on the Premises: liability insurance coverage of at least million
dollars for death or injury to any one person, million dollars per occurrence
for death or bodily injury, and million dollars for property damage
liability. Tenant shall carry such fire and extended coverage insurance upon
its personal property as Tenant deems appropriate, and shall not look to
Landlord to insure Tenant's personal property. The insurance shall be for the
benefit of both Landlord and Tenant as protection against all liability
claims arising from the Premises, causing Landlord to be named as an additional-named
insured on such policies of insurance.
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6.
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Landlord's
Covenants. Landlord agrees (1) to maintain the Premises in condition fit for
their intended use and to make all necessary repairs of which Landlord is
aware, including providing adequate heat and water, and a sound physical
structure; (2) to maintain the grounds and remove the rubbish; [If Premises
is rented furnished add "and (3) to provide, at Landlord's sole
discretion, the use of certain furniture and personal property placed by Landlord
in the Premises during the course of this Lease for the benefit of Tenant.
Landlord shall furnish an itemized inventory of any furniture and personal
property provided to Tenant. "]
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7.
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Covenants of
Both Landlord and Tenant. Landlord and Tenant agree that:
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8.
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Breach and
Remedies.
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9.
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Quiet
Possession. Landlord and its agents shall not interfere with Tenant's right
of quiet and peaceful enjoyment.
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10.
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Delivery of
Possession. If Landlord shall be unable for any reason to deliver possession
of the Premises on the commencement date of the term, Landlord shall not be
liable to Tenant for any damage caused thereby, nor shall this lease become
void or voidable, nor shall the lease term in any way be extended, In such
event Tenant shall not be liable for any rent until Landlord delivers
possession. If possession is delayed for ____ days, Tenant may terminate this
lease.
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11.
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Surrender. At
the end of the lease term, or termination of this lease, all buildings,
fixtures and structures on these Premises shall become the property of
Landlord. Tenant shall then promptly surrender and deliver up the Premises in
good condition, damages from normal wear and tear excepted.
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12.
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Holding Over.
Holding over by Tenant after the expiration of this Lease, or any lease
renewal or extension, whether with or without the consent of Landlord, shall
not operate to extend or renew this Lease; and any such holding over shall be
construed as a tenancy from month to month at the monthly rental which shall
have been payable at the time immediately prior to when such holding over
shall have commenced; and such tenancy shall be subject to all the terms,
conditions, covenants and agreements of this Lease.
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13.
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Indemnification.
Tenant agrees to hold Landlord, its governing board, officers, agents and
employees harmless for any liability for utility payments or other expenses
or damages, and harmless from any claim, suit, or proceeding arising out of
this Lease or Tenant's use of the Premises, including indemnifying Landlord
for reasonable expenses incurred in defending such claims.
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14.
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Destruction.
If at any time during the lease term, or any extension or renewal, the
Premises shall be totally or partially destroyed by fire, earthquake, or
other calamity, then Landlord shall have the option to rebuild or repair the
same in as good condition as they were before the calamity. Landlord shall
send written notice of this intent to Tenant within ____ days after the
calamity. In such case, a just and proportionate part of the rental specified
in this Agreement shall be abated until the Premises have been rebuilt and
repaired. In case, however, Landlord elects not to rebuild or repair said
Premises, or such repairs are not completed within ___ days, Tenant or
Landlord may, upon ___ days written notice, terminate the lease and rent
shall only be payable up to the time of the calamity. In the event of
termination, Tenant shall have a reasonable period of time to vacate the
Premises.
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15.
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Entire
Agreement and Modification. This Agreement constitutes the entire understanding between the parties with
respect to its subject matter and supersedes any and all prior understandings
and agreements, oral and written, relating to the subject matter. Any
Agreement amendment must be in writing signed by an authorized representative
of both parties.
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16.
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Force Majeure.
Neither Landlord nor Tenant shall be required to perform any term, condition,
or covenant in this lease so long as such performance is delayed or prevented
by any acts of God, strikes, lockouts, material or labor restrictions, by any
government authority, civil riot, floods, and any similar cause not
reasonably within the control of Landlord or Tenant and which by the exercise
of due diligence Landlord or Tenant is unable, wholly or in part, to prevent
or overcome.
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17.
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Notice. Any
notice to either party must be in writing signed by the party giving it, and
shall be delivered either personally or by registered or certified mail
addressed as follows:
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18.
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Governing Law;
Forum. This Agreement shall be governed by and construed under the laws of
the State of , which shall be the forum for any lawsuit arising from or
incident to this Agreement.
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19.
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Severability.
The terms of this Agreement are severable. If any term or provision is
declared by a court of competent jurisdiction to be illegal, void, or
unenforceable, the remainder of the provisions shall continue to be valid and
enforceable.
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20.
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Non-Waiver.
The failure of either party to exercise any of its rights under this
Agreement for a breach shall not be deemed to be a waiver of rights, nor
shall it be deemed to be a waiver of any subsequent breach, either of the
same provision or otherwise.
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