RESIDENTIAL HOUSE LEASE AGREEMENT
This Residential House Lease
Agreement ("Lease") is made and effective this [Date] by and
between [Landlord] ("Landlord") and [Tenant One] and [Tenant
Two] ("Tenant," whether one or more). This Lease creates joint and several
liability in the case of multiple Tenants.
1. PREMISES.
Landlord hereby rents to
Tenant and Tenant accepts in its present condition the house at following
address: [Complete Address of House] (the "House").
2. TERM.
The term of this Lease shall
start on [Move-in Date], and end on [Lease End Date]. In the event that Landlord is unable to
provide the House on the exact start date, then Landlord shall provide the
House as soon as possible, and Tenant's obligation to pay rent shall abate
during such period. Tenant shall not be
entitled to any other remedy for any delay in providing the House.
3. RENT.
Tenant agrees to pay, without
demand, to Landlord as rent for the House the sum of [Monthly Rental Amount]
per month in advance on the first day of each calendar month, at [Address
for Rent Payments], or at such other place as Landlord may designate. Landlord may impose a late payment charge of [Late
Pay Charge] per day for any amount that is more than five (5) days
late. Rent will be prorated if the term
does not start on the first day of the month or for any other partial month of
the term.
4. SECURITY DEPOSIT.
Upon execution of this Lease,
Tenant deposits with Landlord [Security Deposit Amount], as security for
the performance by Tenant of the terms of this Lease to be returned to Tenant, [With
or Without Interest], following the full and faithful performance by Tenant
of this Lease. In the event of damage to
the House caused by Tenant or Tenant's family, agents or visitors, Landlord may
use funds from the deposit to repair, but is not limited to this fund and
Tenant remains liable.
5. QUIET ENJOYMENT.
Landlord agrees that if
Tenant timely pays the rent and performs the other obligations in this Lease,
Landlord will not interfere with Tenant's peaceful use and enjoyment of the
House.
6. USE OF PREMISES.
A. The House shall be used and occupied by
Tenant exclusively as a private single-family residence. Neither the
House nor any part of the House or yard shall be used at any time during the
term of this Lease 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
residence.
B. Tenant shall comply with all the health and
sanitary laws, ordinances, rules, and orders of appropriate governmental
authorities and homes associations, if any, with respect to the House.
Tenant agrees that the House
shall be occupied by no more than [Total Number of Occupants] persons,
including no more than [Maximum Number of Children] under the age of
eighteen (18) years, without the prior written consent of Landlord.
8. CONDITION OF PREMISES.
A. Tenant agrees that Tenant has examined the
House, including the grounds and all buildings and improvements, and that they
are, at the time of this Lease, in good order, good repair, safe, clean, and
tenantable condition.
B. Landlord and Tenant agree that a copy of the
"Joint Inspection," the original of which is maintained by Landlord
and a copy provided to Tenant, attached hereto reflects the condition of the
House at the commencement of Tenant's occupancy.
9. ASSIGNMENT AND SUBLETTING.
A. Tenant shall not assign this Lease, or sublet
or grant any concession or license to use the House or any part of the House
without Landlord's prior written consent.
B. Any assignment, subletting, concession, or
license without the prior written consent of Landlord, or an assignment or
subletting by operation of law, shall be void and, at Landlord's option,
terminate this Lease.
10. ALTERATIONS AND IMPROVEMENTS.
A. Tenant shall make no alterations to the House
or construct any building or make other improvements without the prior written
consent of Landlord.
B. All alterations, changes, and improvements
built, constructed, or placed on or around the House by Tenant, with the
exception of fixtures properly removable without damage to the House and
movable personal property, shall, unless otherwise provided by written
agreement between Landlord and Tenant, be the property of Landlord and remain
at the expiration or earlier termination of this Lease.
11. DAMAGE TO PREMISES.
If the House, or any part of
the House, shall be partially damaged by fire or other casualty not due to
Tenant's negligence or willful act, or that of Tenant's family, agent, or
visitor, there shall be an abatement of rent corresponding with the time during
which, and the extent to which, the House is untenantable. If Landlord
shall decide not to rebuild or repair, the term of this Lease shall end and the
rent shall be prorated up to the time of the damage.
12. DANGEROUS MATERIALS.
Tenant shall not keep or have
on or around the House any article or thing of a dangerous, inflammable, or
explosive character that might unreasonably increase the danger of fire on or
around the House or that might be considered hazardous.
Tenant shall be responsible
for arranging and paying for all utility services required on the premises,
except Landlord will provide: [Services Provided by Landlord].
Tenant shall not default on any obligation to a utility provider for utility
services at the House.
14. MAINTENANCE AND REPAIR.
A. Tenant will, at Tenant's sole expense, keep
and maintain the House and appurtenances in good and sanitary condition and
repair during the term of this Lease. In particular, Tenant shall keep
the fixtures in the House in good order and repair; keep the furnace clean; and
keep the walks free from dirt and debris. Tenant shall, at Tenant's sole
expense, make all required repairs to the plumbing, range, oven heating
apparatus, electric and gas fixtures, other mechanical devices and systems,
floors, ceilings and walls whenever damage to such items shall have resulted
from Tenant's misuse, waste, or neglect, or that of the Tenant's family, agent,
or visitor.
B. Tenant agrees that no signs shall be placed
or painting done on or about the House by Tenant without the prior written
consent of Landlord.
C. Tenant agrees to promptly notify Landlord in
the event of any damage, defect or destruction of the House, or the failure of
any of Landlord's appliances or mechanical systems, and except for repairs or
replacements that are the obligation of Tenant pursuant to Subsection A above,
Landlord shall use its best efforts to repair or replace such damaged or defective
area, appliance or mechanical system.
15. ANIMALS.
Tenant shall keep no domestic
or other animals in or about the House without the prior written consent of
Landlord.
16. RIGHT OF INSPECTION.
Landlord and Landlord's
agents shall have the right at all reasonable times during the term of this
Lease and any renewal of this Lease to enter the House for the purpose of
inspecting the premises and/or making any repairs to the premises or other item
as required under this Lease.
17. DISPLAY OF SIGNS.
During the last thirty (30)
days of this Lease, Landlord or Landlord's agent may display "For
Sale" or "For Rent" or "Vacancy" or similar signs on
or about the House and enter to show the House to prospective purchasers or
tenants.
18. HOLDOVER BY TENANT.
Should Tenant remain in
possession of the House with the consent of Landlord after the expiration of
the Term of this Lease, a new tenancy from month to month shall be created
which shall be subject to all the terms and conditions of this Lease, but shall
be terminable on thirty (30) days by either party or longer notice if required
by law. If Tenant holds over without Landlord's consent, Landlord is
entitled to double rent, pro-rated per each day of the holdover, lasting until
Tenant leaves the House.
At the expiration of the
Lease, Tenant shall quit and surrender the House in as good a condition as it
was at the commencement of this Lease, reasonable wear and tear and damages by
the elements excepted.
20. FORFEITURE OF SECURITY DEPOSIT -
DEFAULT.
It is understood and agreed
that Tenant shall not attempt to apply or deduct any portion of any security
deposit from the last or any month's rent or use or apply any such security
deposit at any time in lieu of payment of rent.
If Tenant fails to comply, such security deposit shall be forfeited and
Landlord may recover the rent due as if any such deposit had not been applied
or deducted from the rent due. For the
purposes of this paragraph, it shall be conclusively presumed that a Tenant
leaving the Premises while owing rent is making an attempted deduction of
deposits. Furthermore, any deposit shall
be held as a guarantee that Tenant shall perform the obligations of the Lease
and shall be forfeited by the Tenant should Tenant breach any of the terms and
conditions of this Lease. In the event
of default, by Tenant, of any obligation in this Lease which is not cured by
Tenant within fifteen (15) days notice from Landlord, then in addition to
forfeiture of the Security Deposit, Landlord may pursue any other remedy
available at law, equity or otherwise.
21. ABANDONMENT.
If at any time during the
term of this Lease, Tenant abandons the House or any of Tenant's personal
property in or about the House, Landlord shall have the following rights:
Landlord may, at Landlord's option, enter the House by any means without
liability to Tenant for damages and may relet the House, for the whole or any
part of the then unexpired term, and may receive and collect all rent payable
by virtue of such reletting; Also, at Landlord's option, Landlord may hold
Tenant liable for any difference between the rent that would have been payable
under this Lease during the balance of the unexpired term, if this Lease had
continued in force, and the net rent for such period realized by Landlord by
means of such reletting. Landlord may
also dispose of any of Tenant's abandoned personal property as Landlord deems
appropriate, without liability to Tenant.
Landlord is entitled to presume that Tenant has abandoned the House if
Tenant removes substantially all of Tenant's furnishings from the House, if the
House is unoccupied for a period of two (2) consecutive weeks, or if it would
otherwise be reasonable for Landlord to presume under the circumstances that
the Tenant has abandoned the House.
22. SECURITY.
Tenant acknowledges that
Landlord does not provide a security alarm system or any security for the House
or for Tenant and that any such alarm system or security service, if provided,
is not represented or warranted to be complete in all respects or to protect
Tenant from all harm. Tenant hereby releases Landlord from any loss,
suit, claim, charge, damage or injury resulting from lack of security or
failure of security.
23. SEVERABILITY.
If any part or parts of this
Lease shall be held unenforceable for any reason, the remainder of this
Agreement shall continue in full force and effect.
24. INSURANCE.
Tenant acknowledges that
Landlord will not provide insurance coverage for Tenant's property, nor shall
Landlord be responsible for any loss of Tenant's property, whether by theft,
fire, acts of God, or otherwise.
25. BINDING EFFECT.
The covenants and conditions
contained in the Lease shall apply to and bind the heirs, legal
representatives, and permitted assigns of the parties.
26. GOVERNING LAW.
It is agreed that this Lease
shall be governed by, construed, and enforced in accordance with the laws of
the State of [State of Governing Law].
27. ENTIRE AGREEMENT.
This Lease shall constitute
the entire agreement between the parties. Any prior understanding or
representation of any kind preceding the date of this Lease is hereby
superseded. This Lease may be modified
only by a writing signed by both Landlord and Tenant.
28. NOTICES.
Any notice required or
otherwise given pursuant to this Lease shall be in writing; hand delivered,
mailed certified return receipt requested, postage prepaid, or delivered by
overnight delivery service, if to Tenant, at the House and if to Landlord, at
the address for payment of rent.
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