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[Comprehensive -- Long Form]
This lease Agreement made this ________ day of ________ [Month] 20 __, between ________ [Name] of ________ [Address], hereinafter referred to as "Lessor", and ________ [Name] of ________ [Address] hereinafter referred to as "Tenant", agree:
In consideration of the mutual agreements and covenants set forth on the reverse side hereof (they being fully included as part of this Lease), Lessor leases to Tenant and Tenant leases from Lessor for use in accordance with Paragraph 8, the Apartment described above, together with the fixtures and accessories belonging to the Apartment, for the Term described. All parties listed as Lessor and Tenant are referred to individually and collectively as Lessor and Tenant, respectively.
1. Rent. Tenant shall pay to Lessor at the above address (or any other address as Lessor may designate in writing) the monthly rent set forth above on or before the first day of each month in advance. The time of each and every payment of rent is of the essence of this Lease. To cover Lessor's added costs for late payments, the monthly rent shall be increased ---------- dollars ($----------) if paid after the fifth of the month and ---------- dollars ($----------) if paid after the tenth of the month. Rent payments mailed to Lessor shall be deemed paid on date of postmark.
2. Possession. At the commencement of the Term of this Lease, Lessor shall deliver possession of the Apartment to Tenant. If Lessor fails to do so within [number] days from the commencement of the Term, this Lease shall terminate unless reaffirmed in writing by Tenant within an additional [number] days. Upon termination, Lessor will refund all prepaid rent and security, which shall be Tenant's sole remedy. It is understood that decorating, if any, to be performed by Lessor shall not be a condition precedent to possession or rent.
3. Representations in Application for Lease. The application for this Lease and all representations and promises contained in the application are a part of this Lease. Tenant warrants that the information given by Tenant in the application is true. If the information is false, Lessor may at Lessor's option terminate this Lease by giving Tenant not less than [number] days' prior written notice, which shall be Lessor's sole remedy.
4. Promises of the Parties. The terms and conditions of this Lease shall be conclusively deemed the agreement between Tenant and Lessor, and no modification, waiver, or amendment of this Lease or any of its terms, conditions, or covenants shall be binding upon the parties unless made in writing and signed by the party to be bound.
5. Security Deposit. Tenant has deposited with Lessor the Security Deposit in the amount set forth above for the performance of each and every covenant and agreement to be performed by Tenant under this Lease. Lessor shall have the right, but not the obligation, to apply the Security Deposit in whole or in part to remedy Tenant's defaults in the payment of rent or in the performance of the covenants or agreements contained in this Lease. Lessor's right to possession of the Apartment for nonpayment of rent or any other reason shall not be affected by the fact that Lessor holds security. Tenant's liability is not limited to the amount of the Security Deposit.
Lessor shall give Tenant written notice of the application of all or any part of the Security Deposit within [number] days after the application. If the application is on account of maintenance, repairs, or replacements necessitated by Tenant's acts, the notice shall include the estimated or actual cost of the same, attaching estimates or paid receipts. Upon receipt of the notice, Tenant shall immediately pay to Lessor an amount sufficient to restore the Security Deposit in full. Upon termination of this Lease, full payment of all amounts due, and performance of all Tenant's covenants and agreements (including surrender of the Apartment in accordance with Paragraph 12), the Security Deposit or any portion of it remaining unapplied shall be returned to Tenant within [number] days after the termination, without interest except as provided by law. If Lessor fails to return all or any portion of Tenant's Security Deposit, Lessor shall pay to Tenant an amount equal to [number] months' rent as liquidated damages.
If the Building is sold, leased, or otherwise transferred, Lessor may transfer or assign the Security Deposit to Lessor's Grantee, Lessee, or Assignee. Provided Grantee, Lessee, or Assignee by written undertaking addressed to Lessor assumes Lessor's obligations under this Lease, Tenant agrees to look to Grantee, Lessee, or Assignee solely for the return of the Security Deposit. These provisions shall apply to each and every sale, lease, or other transfer of the Building.
The Security Deposit shall not be deemed or construed as advance payment of rent for any month of the Lease Term.
6. Maintenance of Premises.
a. Tenant Has Inspected. Tenant declares that Tenant has inspected the Apartment, the Building, and all related areas and grounds and that Tenant is satisfied with their physical condition. Tenant agrees that no representations, warranties (expressed or implied), or covenants with respect to the condition, maintenance, or improvements of the Apartment, Building, or other areas have been made to Tenant except those contained in this Lease, the application, or otherwise in writing signed by Lessor.
b. Work Described in Lease. Lessor agrees that Lessor will perform any work set forth in this Lease within a reasonable time not to exceed [number] days from the commencement of the Term unless otherwise agreed.
c. Lessor's Obligation to Maintain. Lessor covenants that at all times during the Term, Lessor will maintain the Apartment and the Building to the following minimum standards:
i. Effective weather protection, including
unbroken windows and doors;
ii. Plumbing facilities in good working order;
iii. A water supply that either under the control
of Tenant is capable of producing hot and cold
running water, or under the control of Lessor
produces hot and cold running water, furnished
to appropriate fixtures, and connected to a
iv. Heating (and, if furnished, air-conditioning
and ventilation) facilities in good working
order that, if under the control of Tenant,
are capable of producing, or, if under the
control of Lessor, produce heat (and, if
furnished, air-conditioning and ventilation)
in fixtures provided (and no other) within
reasonable accepted tolerances and during
reasonable hours (in the case of heat, minimum
tolerances shall be those established by
v. Gas and/or electrical appliances that are
supplied by Lessor in good working order, and
appropriate gas-piping and electrical-wiring
system to the extent existing in the Building
maintained in good working order and safe
vi. Building, grounds, and areas under the
control of Lessor in clean, sanitary, and safe
condition free from all accumulations of
debris, filth, rubbish, garbage, rodents, and
vii. Adequate and appropriate receptacle(s) for
garbage and rubbish, and, if under the control
of Lessor, in clean condition and good repair;
viii. Floors, stairways, railings, and common
areas in good repair;
ix. Apartment floors, walls, and ceilings in
good repair and safe condition; and
x. Elevators (if existing) in good repair and
d. Lessor's Delay in Making Repairs. It is, however, understood and agreed that buildings are physical structures subject to aging, wear, tear, abuse, inherent defects, and numerous forces causing disrepair or breakdown beyond Lessor's reasonable control, and that components and skilled workers are not always immediately available. It is further understood and agreed that for the most part Lessor's costs of operation are fixed and unavoidable and to permit rent abatement or damages to Tenant would create an intolerable burden on Lessor and other tenants. It is, therefore, understood and agreed that Lessor's delay in performing the agreements set forth in Paragraph c, interruptions in services provided by Lessor, breakdowns of equipment or disrepair caused by:
i. Conditions created by Tenant, members of
Tenant's household, guests or other persons on
the premises with Tenant's consent, or other
ii. Tenant's unreasonable refusal of or other
interference with the entry of Lessor or
Lessor's workers or contractors into the
Apartment or Building for purposes of
correcting defective conditions;
iii. Lack of reasonable opportunity to correct
iv. Conditions beyond Lessor's reasonable
control, including strikes or lockouts;
v. Lessor's lack of actual knowledge of
defective conditions; or
vi. Continuing persistence of the defective
conditions despite Lessor's having exercised
shall be an absolute defense in any action by Tenant against Lessor for breach of covenant based upon Lessor's duties to maintain the Apartment or Building. Lessor's failure or inability to make repairs or provide services in any of the described circumstances shall in no event form the basis of any claim or setoff for damages against Lessor or a basis for an abatement of rent or a cause for termination of the Lease.
e. Fire, Explosion, or Casualty. In the event of fire, explosion, or other casualty, nothing in this Paragraph shall impose upon Lessor any obligation to make repairs that are more extensive or different from those required by the provisions of Paragraph 14 of this Lease (Fire and Casualty).
7. Utilities. Unless otherwise agreed in writing, if the Apartment is individually metered, payment to the utility company or authorized metering agency of the applicable charges for gas, electricity, or water consumed by Tenant in the Apartment, including, if applicable, current used for electric heating, ventilation,
air-conditioning, hot water, etc., shall be Tenant's sole responsibility.
8. Tenant's Use of Apartment. The Apartment shall be occupied solely for residential purposes by Tenant, those other persons specifically listed in the Application for this Lease, and any children who may be born to or legally adopted by Tenant during the Term. Unless otherwise agreed in writing, guests of Tenant may occupy the Apartment in reasonable numbers for no more than [number] weeks each during each year of the Term. Neither Tenant nor any of these persons shall perform nor permit any practice that may damage the reputation of or otherwise be injurious to the Building or neighborhood, or be disturbing to other tenants, be illegal, or increase the rate of insurance on the Building.
9. Tenant's Upkeep. Tenant covenants to do the following during the Term:
a. Maintain the Apartment and appurtenances in a
clean, sanitary, and safe condition;
b. Dispose all rubbish, garbage, and other waste in a
clean and sanitary manner in the provided refuse
c. Properly use and operate all appliances,
electrical, gas, and plumbing fixtures;
d. Not place in the Apartment or Building any
furniture, plants, animals, or any other things that
harbor insects, rodents, or other pests;
e. Keep out of the Apartment and Building materials
that constitute a fire hazard or safety hazard and
comply with reasonable requirements of Lessor's fire
f. Not destroy, deface, damage, impair, or remove any
part of the Building or Apartment or facilities,
equipment, or appurtenances thereto; and
g. Not permit any person in the Apartment or Building
to violate any of Tenant's obligations under this
Tenant shall not suffer or commit any waste in or about the Apartment or Building and shall at Tenant's expense keep the Apartment in good order and repair (except to the extent Lessor has in this Lease agreed to do so). On termination of this Lease, Tenant shall return the Apartment to Lessor in like condition, reasonable wear expected.
10. Alterations, Additions, Fixtures, Appliances, Personal Property. Tenant shall make no alterations or additions to the Apartment nor install, attach, connect, or maintain in the Apartment or any part of the Building, interior or exterior, major appliances or devices of any kind without in each and every case the written consent of Lessor and then, if granted, only upon the terms and conditions specified in the written consent. All alterations, additions, and fixtures (including security devices) whether temporary or permanent in character, made by Lessor or Tenant, in or upon the Apartment shall, unless otherwise agreed or unless Lessor requests their removal, become Lessor's property and shall remain in the Apartment at the termination of the Lease without compensation to Tenant. Despite this, neither Lessor nor Lessor's insurance carrier shall be liable to Tenant for the replacement of any alteration, addition, or fixture in the event of casualty loss unless Tenant notifies Lessor of the replacement value and pays, as additional rent, the resultant premium increase. If Lessor shall permit or demand removal, Tenant shall put that part of the Apartment into the same condition as existed before the installation of the alteration, addition, or fixture.
11. Access. Lessor reserves the right to enter the Apartment to inspect it, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the Apartment to prospective or actual purchasers, mortgagees, or lessees of the Building, workers, or contractors, or as is otherwise necessary in the operation and protection of the Building, its components or persons therein. At Lessor's discretion, Lessor shall be given and may retain and use copies of any keys necessary for access to the Apartment. In the event of apparent or actual emergency, Lessor may enter the Apartment at any time without notice. At any time within [number] days before the end of the Term, after a single general notice, Lessor may as often as necessary show the Apartment for rental between the hours of [hour] AM [time zone] and [hour] PM [time zone] on not less than [number] minutes' specific notice if Tenant or other person is in the Apartment, without limitation as to days. At other times, entry shall be in accordance with agreement with Tenant or if that is impractical or refused, after [number] hours' notice and only during the period of [hour] AM [time zone] to [hour] PM [time zone] Monday through Saturday. In the event of the willful or negligent breach of this provision, the nonbreaching party shall at once be entitled to actual damages or liquidated damages in the amount of [number] months rent and an injunction, if necessary, to prevent continuation of the breach.
12. Assignment, Subletting, and Reletting. Tenant may substitute a new tenant for the balance of the Term, provided
a. Lessor consents to the prospective new tenant; and
b. Tenant upon demand pays (i) in advance, the
deficiency if the aggregate rent from the reletting
for the balance of the Term is less than the
aggregate rent then remaining to be paid under this
Lease and (ii) all expenses of reletting (if any)
including decorating, repairs, replacements,
commissions and/or an administrative fee for
performing the details attendant to the transaction.
Lessor, at Lessor's option, may determine whether
the transaction shall be in the form of a
subletting, assignment, or reletting.
Lessor may at any time and for any reason reject any prospective new tenant offered by Tenant or by others, provided, however, that if Lessor does so without cause, Tenant shall be liable to Lessor only for the deficiency and/or actual or estimated expenses described in (b) (i) and (b) (ii) of this Paragraph that would have been due from Tenant had the prospective new tenant been accepted. Cause shall be deemed to be the failure, based on information and data made available to Lessor, of the prospective new tenant to meet the criteria customarily employed by Lessor to evaluate the acceptability of prospects as tenants for similar apartments in the Building. During the last [number] months of the Term, Lessor shall be obligated to accept an otherwise qualified prospective new tenant only if the prospective new tenant enters into a lease for a term for which leases are customarily offered for similar apartments in the Building. Unless otherwise agreed by Lessor in writing, Lessor has no duty to procure prospective new tenants for Tenant or otherwise mitigate damages. Lessor's attempt to procure prospective new tenants shall in no event constitute a new agreement by Lessor to assume this duty. Lessor may lease other vacant apartments in the Building first before reletting or subletting or attempting to relet or sublet the Apartment.
Tenant shall neither sublet the Apartment nor any part of it nor assign this Lease nor permit by Tenant's act or default, or that of any person, any transfer of Tenant's interest by operation of law, nor offer the Apartment or any part of it for lease or sublease except in accordance with this Paragraph.
13. Abandonment. Abandonment by Tenant of the Apartment shall be deemed conclusively to be [number] days' physical absence by Tenant with rent being unpaid, or removal of a substantial portion of Tenant's personal property with rent being paid, and, in either case, reason to believe Tenant has vacated the Apartment with no intent again to reside in it. In that event, and in addition to Lessor's remedies set forth in Paragraphs 15 and 25, Lessor may, but need not, enter into the Apartment and act as Tenant's agent to perform necessary decorating and repairs and to relet the Apartment in accordance with the terms and conditions of Paragraph 12. Tenant shall be deemed conclusively to have abandoned any personal property remaining in the Apartment, and Tenant's title to such personal property shall pass under this Lease as a bill of sale to Lessor without additional payment or credit by Lessor to Tenant.
14. Fire and Casualty. If the Apartment is damaged or destroyed by fire or casualty and:
a. The Apartment is only partially damaged and is inhabitable and Lessor makes full repairs within [number] days, this Lease shall continue without abatement or apportionment of rent; and
b. It the Apartment is rendered uninhabitable, continued occupancy would be illegal, or Lessor cannot or does not repair within [number] days, Tenant may immediately vacate the Apartment and notify Lessor in writing within [number] days after vacating of Tenant's intent to terminate, in which case this Lease shall terminate as of the date of vacating and all prepaid rent and unapplied Security Deposit shall be returned to Tenant.
15. Termination and Return of Possession. Upon the termination of this Lease, whether by lapse of time or otherwise, or upon termination of Tenant's right of possession without termination of this Lease, Tenant shall yield up immediate possession to Lessor and deliver all keys to Lessor at the place where rent is payable, or as otherwise directed by Lessor. The mere retention of possession thereafter shall constitute a forcible detainer. Lessor shall have the right and license with process of law (and if Tenant abandons the Apartment, Tenant grants Lessor the right and license with or without process of law) to enter into the Apartment and to take possession of the Apartment and to expel and remove Tenant and any others who may be occupying or be within the Apartment together with any personal property in the Apartment, without relinquishing Lessor's right to receive rent or any other right given to Lessor in this Lease or by operation of law. If Tenant abandons the Apartment and Lessor exercises the right and license to enter without process of law, Lessor may use such force as may be necessary without being deemed in any manner guilty of trespass, eviction, or forcible entry or detainer.
If Tenant does not vacate the Apartment upon termination of this Lease or of Tenant's right of possession:
a. Tenant shall pay as liquidated damages for the
entire time that possession is withheld a sum equal
to [number] times the amount of rent reserved,
prorated for each day of withholding, or Lessor's
actual damages if they are ascertainable; or
b. Lessor, at Lessor's sole option, may, upon giving
Tenant written notice, extend the term of this Lease
for a period not to exceed [number] years at such
rent as Lessor has stated prior to the termination
c. If Lessor fails to notify Tenant within [number]
days after the termination date of Lessor's election
under either (a) or (b), Tenant's continued
occupancy shall be for a month-to-month term.
No action or nonaction by Lessor except as provided in this Lease shall operate as a waiver of Lessor's right to terminate this Lease or Tenant's right of possession, or operate to extend the Term.
16. Eminent Domain (Condemnation). If all or any substantial part of the Building is taken or condemned by any competent authority for any public use or purpose, or if any adjacent property or street shall be condemned or improved in a manner that requires the use of any part of the Building, the Term of this Lease shall, at the option of Lessor or the condemning authority, be terminated upon, and not before, the date when possession of the part taken shall be required for such use or purpose, and Lessor shall be entitled to receive the entire award without apportionment with Tenant. Rent shall be apportioned as of the date of Tenant's vacating as the result of the termination.
17. Lessor's Mortgage. This Lease is not to be recorded and is subordinated to any present or future mortgages on the real estate (or any part of it) upon which the Building is situated and to all advances upon the security of such mortgages.
18. Lease Binding on Heirs, Etc. All the covenants and agreements of this Lease shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of Lessor and Tenant, subject to the restrictions set forth in Paragraph 12 except that where there are only one or two persons named or remaining as Tenants, then, in the event of the death or one or both of them, surviving Tenant and/or the heirs or legal representatives of deceased Tenant may terminate this Lease at the end of any calendar month within [number] days of the death by giving Lessor not less than [number] days' prior written notice.
19. Notices. Notices, including those provided by statute, shall be in writing and served by delivery in person or by certified or registered mail, postage prepaid, at the addresses shown for Lessor and Tenant at the beginning of this Lease or at such other addresses as either party may designate to the other party by written notice. If service is by mail, the mailing shall be deemed delivery and the date of mailing the date of delivery. Notices served in person on Tenant are deemed served if left with some person residing in or in possession of the Apartment above the age of twelve (12) years, and, in the event of an apparent abandonment, then notice may be served by posting the notice on the door to the Apartment in addition to mailing it as provided above. Notices served in person on Lessor may be served on any office employee of Lessor, or, if Lessor receives rent at Lessor's home, in the same manner as on Tenant.
20. Rules and Regulations. The rules and regulations at the end of this Lease are a part of this Lease. Tenant covenants and agrees to keep and observe these rules and regulations. Tenant also covenants and agrees to keep and observe all other reasonable rules and regulations that may later be promulgated by Lessor or Lessor's agent for the necessary, proper, and orderly care of the Building (provided these later rules do not materially change the terms of this Lease).
21. Resident to Insure Possessions. Lessor is not an insurer of Tenant's person or possessions. Tenant agrees that Tenant's property in the Apartment or elsewhere in the Building shall be at Tenant's risk only, and that Tenant will carry such insurance as Tenant deems necessary. Tenant further agrees that except for instances of negligence or willful misconduct, Lessor, Lessor's agents, or employees shall not be liable for any damage to the person or property of Tenant or any other person occupying or visiting the Apartment or Building, sustained by reason of the Apartment or Building or any part of them or any appurtenance thereof becoming out of repair (as example and not by way of limitation, damage caused by water, snow, ice, frost, steam, sewerage, sewer gas or odors, heating, cooling, and ventilating equipment, bursting or leaking pipes, faucets and plumbing fixtures, mechanical breakdown or failure, electrical failure, security services or devices or mailboxes being misused or becoming temporarily out of order, and fire), or due to the occurrence of any accident in or about the Building, or due to any act or neglect of any other tenant or occupant of the Building or of any other person.
22. Remedies Cumulative; Nonwaiver.
a. All rights and remedies given to Tenant or to Lessor
shall be distinct, separate, and cumulative, and the
use of one or more shall not exclude or waive any
other right or remedy allowed by law, unless
specifically limited or waived in this Lease.
b. No waiver of any breach or default of either party
shall be implied from any omission by the other party
to take any action on account of any similar or
different breach or default.
c. The payment or acceptance of money after it falls
due and after knowledge of any breach of this Lease by
Lessor or Tenant, or after the termination in any way
of the Term or of Tenant's right of possession, or
after the service of any notice, or after commencement
of any suit, or after final judgment for possession of
the Apartment shall not reinstate, continue, or extend
the Term of this Lease nor affect any notice, demand,
or suit or any right not expressly waived.
d. No express waiver shall affect any breach other than
the breach specified in the express waiver and that
only for the time and to the extent stated in the
Tenant's obligation to pay rent during the Term or any extension of the Term or any holdover tenancy shall not be waived, released, or terminated by the service of any five-day notice, demand for possession, notice of termination of tenancy, institution of any action for forcible detainer, ejectment or for any judgment for possession, or any other act or acts resulting in termination of Tenant's right of possession.
23. Tenant's Remedies. If Lessor:
a. Defaults in Lessor's duty to maintain the Apartment
or Building or in Lessor's agreements to perform
repairs, remodeling, or decorating as set forth in
Paragraph 6 (Maintenance of Premises), and the default
is not cured by Lessor within [number] days after
notice from Tenant to Lessor (unless the default
involves a hazardous condition or failure to furnish
heat, hot water, or essential services, which shall be
cured forthwith); and provided Lessor's failure to
cure is not excused on account of one or more of the
defenses set forth in Paragraph 6(C) (Lessor's
Obligation to Maintain), in which case Lessor shall
notify Tenant of specific facts constituting such
excuse within the [number]-day period (or in the
case of a hazardous condition, or failure to furnish
heat, hot water, or essential services, within
[number] days of Tenant's notice); or
b. Defaults in the performance of any other covenant or
agreement and the default is not cured by Lessor
within [number] days after written notice from
Tenant to Lessor,
Tenant may treat such event as a breach of this Lease and, in addition to all other rights and remedies provided at law or in equity, may, by giving Lessor not less than [number] days' prior written notice, terminate this Lease by setting forth the date of termination in the [number] days' notice and vacating on or before that date, with rent paid to the termination date. Prepaid rent and Security Deposit, if any, shall be promptly refunded to Tenant.
24. Tenant Not to Withhold Rent. Tenant's covenant to pay rent is and shall remain independent of each and every other covenant of this Lease. Tenant agrees that Tenant's damages for Lessor's breach shall in no case be deducted from rent nor set off for purposes of determining whether any rent is due in a forcible detainer action brought on the basis of unpaid rent.
25. Lessor's Remedies. If Tenant:
a. Defaults in the payment of any single installment of
rent or in the payment of any other sum required to be
paid under this Lease or under the terms of any other
agreement between Tenant and Lessor and the default is
not cured within [number] days of written notice; or
b. Defaults in the performance of any other covenant or
agreement of this Lease, and the default is not cured
by Tenant within [number] days after written notice
to Tenant from Lessor (unless the default involves a
hazardous condition that shall be cured immediately),
Lessor may treat such event as a breach of this Lease,
and Lessor shall have any one or more of the following
described remedies in addition to all other rights and
remedies provided at law or in equity:
i. Lessor may terminate this Lease, in which
event Lessor may forthwith repossess the
Apartment in accordance with Paragraph 15
(Termination and Return of Possession), and
Tenant agrees to pay to Lessor damages in an
amount equal to the amount of rent provided in
this Lease to be paid by Tenant for the balance
of the Term, less the fair rental value of the
Apartment for that period and, in addition, and
other sum of money and damages owed by Tenant to
ii. Lessor may terminate Tenant's right of
possession and may repossess the Apartment in
accordance with Paragraph 15 (Termination and
Return of Possession), without further demand or
notice of any kind to Tenant and without the
entry and possession terminating this Lease or
releasing Tenant in whole or in part from
Tenant's obligation to pay rent for the full
Term. Upon and after such entry into possession
without termination of this Lease, Lessor may,
but need not, relet the Apartment as Tenant's
agent and may, but need not, make repairs,
alterations, and additions in or to the
Apartment and redecorate, all under the same
terms and conditions as set forth in Paragraph
12 (Assignment, Subletting, and Reletting).
Tenant shall, on demand, pay to Lessor damages
and all Lessor's expenses of reletting as set
forth and described in Paragraph 12 (Assignment,
Subletting, and Reletting). If the
consideration collected by Lessor from any
reletting for Tenant's account is not sufficient
to pay the amount provided in this Lease to be
paid monthly by Tenant together with all such
expenses, Tenant shall pay to Lessor, as
damages, the amount of each monthly deficiency.
Tenant agrees that Lessor may from time to time
file suit to recover any sums falling due under
the terms of this Paragraph and that no suit or
recovery of any portion due Lessor shall be a
defense to any subsequent action brought for any
amount not reduced to judgment in favor of
Lessor except that Lessor shall not be permitted
more than one recovery in the aggregate amount
If Tenant is the subject of an involuntary proceeding under any section of any bankruptcy act and any court or tribunal shall adjudge Tenant insolvent or unable to pay Tenant's debts and the order is not vacated within [number] days after its entry, or if Tenant files any voluntary petition or commences similar proceedings under any section of any bankruptcy act in any court or tribunal to delay or reduce or modify Tenant's debts or obligations, or if Tenant is declared insolvent according to law, or if any assignment of Tenant's property shall be made for the benefit of creditors, or if any receiver or trustee is appointed for Tenant or Tenant's property, this Lease shall automatically terminate without need of an election by Lessor, and Lessor's remedy shall be as set forth in this Paragraph.
Tenant shall reimburse Lessor for all of Lessor's costs, expenses, and attorney fees incurred in the enforcement of the covenants and agreements of this Lease.
26. Other Conditions of Lease. These other agreements enter into the terms of the Lease:
a. Headings and Captions. The headings or captions of paragraphs are for identification purposes only and do not limit or construe the contents of the paragraphs.
b. Identity of Lessor. "Lessor" as used in this Lease refers to the person, partnership, corporation, or trust set forth in that capacity. If such party is designated an agent, Lessor shall also refer to and include the principal. Obligations and duties to be performed by Lessor may be performed by Lessor, Lessor's agents, employees, or independent contractors. Only Lessor or Lessor's designated agent may amend or modify this Lease or Lessor's obligations thereunder.
c. Powers of Lessor's Agent. All rights and remedies of Lessor under this Lease, or that may be provided by law, may be exercised by Lessor in Lessor's own name individually, or in Lessor's name by Lessor's agent, and all legal proceedings for the enforcement of any such rights or remedies, including distress for rent, forcible detainer, and any other legal or equitable proceedings, may be commenced and prosecuted to final judgment and execution by Lessor in Lessor's own name individually, or by an agent of Lessor.
d. Lessor's Right to Assign Lease. Tenant agrees that Lessor may at any time and as often as desired assign or reassign all of Lessor's rights as Lessor under this Lease.
e. Plurals and Genders of Parties. The words "Lessor" and "Tenant" as used in this Lease shall be construed to mean the plural where necessary, and the necessary grammatical changes required to make the provisions of this Lease apply to corporations or persons, women or men, shall in all cases be assumed as though fully expressed.
f. Obligations of Tenant Joint and Severable. The obligations of two or more persons designated Tenant in this Lease shall be joint and severable. If there is more than one party named as Tenant, other than children in a family, all must execute this Lease and any modification or amendment of it.
g. Definition of Apartment. "Apartment" refers to the dwelling unit leased to Tenant.
h. License to Use Other Areas of Building. Tenant's occupancy of any storeroom, storage area, or garage space in or about Building shall be as a licensee only. Tenant understands that due to the construction, location, and use of storeroom, storage area, or garage spaces, Lessor cannot and shall not be liable for any loss or
damage of or to any property placed therein. (Do not store valuable items in these areas.) The termination of this Lease for any reason shall also terminate Tenant's right to use the storeroom, storage area, or garage space.
i. Definition of Building. "Building" includes the entire physical structure located at and about the address stated, including machinery, equipment, and appurtenances that are part of the physical structure, grounds, recreational areas and facilities, garages, and outbuildings, and other apartment buildings that form a complex owned and operated as a single entity.
j. Severability of Provisions. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision.
27. Governing Law. The parties hereby expressly acknowledge and agree that this Agreement is entered into in the State of [STATE] and, to the extent permitted by law, this Agreement shall be construed, and enforced in accordance with the laws of the State of [STATE].
28. Executed on the day and date first above written, at City ________ State of _________.