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Rental Lease Agreement
LEASE made on [Date] by and between [Name] of [Address], hereinafter referred to as "Landlord", and [Name], of [Address], hereinafter referred to as "Tenant", do hereby agree:
Landlord rents the following premises to Tenant under the terms and conditions stated herein:
on a month-to-month tenancy. The tenancy may be terminated by either party giving notice no later than on the 15th day of the month, to be effective the first of the next month.
Tenant shall pay rental in the amount of [$------] on the 1st day of each month, in advance and without demand or set off. Tenant shall deposit [$------] as a security deposit which shall be held and returned under the conditions provided in the law applicable to the same in [Enumerate]. The same shall not be applied to rental.
The Tenant has examined the premises, and that they are in good order and condition.
The premises shall be solely used by Tenant as a residence and Tenant shall not engage in any business, or in any hazardous activity which may increase the fire hazard on the premises.
Tenant shall not assign or sublease the premises unless prior written approval is granted by the Landlord.
Tenant further agrees not to make any alterations to the building or premises without the prior written consent of the Landlord.
Tenant shall not abandon the premises. In the event that the Tenant is absent from the premises for more than [--] days, or in the event that Tenant explicitly abandons the premises the Landlord shall have the option to re-rent the premises or deem the action to be an anticipatory repudiation of the contract and bring an action for any rental unpaid, or for the entire term.
All necessary utility services shall be the responsibility of the Tenant. The Tenant shall occupy the premises in accordance with all laws and regulations pertaining thereto. Tenant shall return the premises to the Landlord at the termination of tenancy in the same condition as received, ordinary wear and tear excepted.
PETS & ANIMALS
Unless with the prior consent of the Landlord Tenant shall not keep any pets or animals.
This Month to Month lease shall terminate in the event that the premises are destroyed, other than negligence of the Tenant, or upon taking of the property under legal authority of eminent domain.
In all other regards, this lease shall be subject to the terms of the landlord and tenant law related to unfurnished dwellings of the state of [State].
This Month to Month Lease may be modified or amended, if the amendment is made in writing and is signed by both parties.
If any provision of this Month to Month Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.
Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
This Lease will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Month to Month Lease. The headings, captions, and titles in this legal Lease are merely for reference and do not define, limit, extend, or describe the scope of this Lease or any provision herein. Unless the context requires otherwise,
(a) the gender (or lack of gender) of all words used in this Lease includes the masculine, feminine, and neuter, and
(b) the word including means including without limitation.
ADVICE OF LEGAL COUNSEL
Each individual party to this Lease represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Lease with legal counsel, and has executed this Lease based upon such party's own judgment and advice of independent legal counsel.
If any provision of this Month to Month Lease is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Lease will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Lease, and the remaining provisions of this Lease will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Lease. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Lease, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
Any notice to be given or to be served upon any party hereto must be in writing and may be given by certified or registered mail, but shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited in the United States Postal Service. If notice is given in some manner other than by U.S. certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed, Such notices shall be given to the parties hereto at the following addresses:
If to the Landlord:
[city, state, zip]
If to the Tenant:
[city, state, zip]
Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
In connection with this Lease and the transactions contemplated hereby, each party to this Lease will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Lease and the transactions contemplated hereby.
This Month to Month Lease, in its entirety, contains the full understanding of the parties. It may not be changed orally but only by an instrument in writing signed by the party against whom enforcement of any change, extension, modification, waiver or discharge is sought.
*** If Required By State Law ***
This Section for Notary:
STATE OF -------)
) ss: [Date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]