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Agreement between [name] of [address] (Landlord), and [name] of
[address] (Tenant), made [date].
1. Agreement to Lease. Landlord agrees to lease to Tenant,
and Tenant agrees to lease from Landlord, the Premises on the terms and
conditions stated in this Lease.
2. Premises. The premises leased are located at [address]
3. Term. The term of this Lease begins on [date] and ends
4. Rent. Tenant will pay Landlord, without demand, an annual
rent of ---------- dollars ($----------). Such rent is payable monthly
in advance on the first day of each month during the Term, in monthly
installments of ---------- dollars ($----------), at Landlord's address
stated above (or at such other address as Landlord may require).
However, the first month's rent is payable when Tenant signs this Lease.
5. Additional Rent. Tenant may be required, under this Lease,
to pay additional sums to Landlord. Any such sums are additional rent
under this Lease. All additional rent is to be paid together with the
next monthly installment of rent payable under this Lease. If Tenant
does not pay additional rent when due, Landlord has the same rights
against Tenant as if Tenant had failed to pay the rent.
6. Use of Premises. The Premises may be used as a single
family residence only. Only Tenant and Tenant's immediate family may
occupy the Premises.
7. Landlord's Failure to Give Possession. Landlord is not
liable to Tenant if Landlord fails to give Tenant possession of the
Premises on the commencement date of this Lease. However, if Landlord
is unable to give Tenant possession, rent shall begin to be payable only
from and after the date Tenant is given possession of the Premises. In
such event, the end of the Term will not change.
8. Security. Tenant has deposited ---------- dollars
($----------) with Landlord as security for Tenant's obligations in this
Lease. If Tenant does not comply with all the terms of this Lease,
Landlord may use the Security Deposit to pay any sum payable by Tenant
and to reimburse Landlord for any damages and costs arising by Tenant's
default, under this Lease. Landlord will give Tenant written notice of
such use of all or any part of the Security Deposit. On receipt of such
notice, Tenant will immediately pay to Landlord an amount sufficient to
restore the Security Deposit in full.
After the end of the Term or earlier termination of this Lease, if
Tenant has performed all of the terms and conditions of this Lease,
Landlord will return such Security Deposit (or any remaining portion not
used by Landlord in accordance with this Paragraph 8) to Tenant, without
If Landlord sells the Premises, Landlord may transfer the Security
Deposit to the purchaser. Thereafter, only such purchaser will be
liable to return the Security Deposit to Tenant, under the terms of this
9. Utilities. Tenant is responsible for making arrangements
for, and paying when billed, all utility and other services for the
Premises, including electricity, gas, fuel oil, water, and gardening,
except [utilities], for which Landlord will be responsible for
10. Condition of Furniture and Furnishings. The furniture and
other furnishing, appliances, equipment, and other personal property
located on the Premises are accepted by Tenant "as is."
11. Condition of the Premises. Tenant has inspected the
Premises, including the grounds and building, acknowledges that it is in
good order and repair, and accepts it "as is."
12. Repairs. Tenant must keep the Premises, including the
grounds, and all appliances, equipment, furniture, furnishings, and
other personal property clean and in good repair. In the event of a
default by Tenant, Landlord may make the necessary repairs and charge
the cost of such repairs to Tenant as additional rent under this Lease.
13. Alterations. Tenant may not alter or decorate the
Premises without the prior written consent of Landlord in each instance.
All alterations made by Tenant shall, unless Landlord requests removal,
become Landlord's property and remain on the Premises at the termination
of this Lease without any compensation to Tenant. If Landlord demands
or permits removal, Tenant will put that part of the Premises into the
same condition as existed prior to the alteration.
14. Fire and Casualty. In the event of fire or other damage
to the Premises, Tenant will immediately notify Landlord.
a. If the Premises are only partially damaged and are
inhabitable and Landlord makes full repairs within [number] days, this
Lease shall continue without abatement or apportionment of rent; but
b. If the Premises are rendered uninhabitable, continued
occupancy would be illegal, or Landlord cannot or does not repair within
[number] days, Tenant may immediately vacate the Premises and notify
Landlord 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. Liability. Landlord is not liable for any loss, damage,
or expense suffered by any person on or about the Premises, except that
which is caused by Landlord's negligence. If Landlord incurs any damage
or expense due to any such claim, other than a claim arising from
Landlord's negligence, Tenant will reimburse Landlord for such damage or
expense, as additional rent under this Lease.
16. Assignment and Subleasing. Tenant may not assign this
Lease, sublet all or any part of the Premises, or allow any other person
to occupy the Premises.
17. Insurance Requirements. Tenant agrees not to do anything
that will increase the insurance premiums payable with respect to the
Premises, and, if any insurance company insuring the Premises does
increase its premium due to Tenant's actions or use, Tenant will pay
such additional premium, as additional rent under this Lease.
18. Right of Entry. Landlord may enter the Premises at
reasonable times in order to examine the Premises or make repairs or
alterations. In the event of an actual or apparent emergency, Landlord
may enter the Premises at any time without notice. Tenant will not
change any lock or install additional locks without Landlord's prior
written consent and without providing Landlord a copy of all keys.
19. Future Tenants and Purchasers. During the last [number]
months of the Term, Landlord may enter the Premises at reasonable times
to show the Premises to possible tenants, purchasers, and lenders, and
may display "FOR SALE" or "FOR RENT" signs on the Premises.
20. Subordination. This Lease and Tenant's rights under it
are subject and subordinate to all existing and future (a) mortgages on
the Premises and (b) leases of the land underlying the Premises, if any
(including any renewals, extensions, and modifications of such mortgages
and leases). Tenant will execute and deliver immediately upon demand
any certificate(s) Landlord may require to evidence such subordination.
21. Eminent Domain Proceedings.
a. Entire Premises. If all or almost all of the Premises
are condemned by any governmental authority, this Lease and Tenant's
rights and obligations under it will terminate as of the date such
governmental authority takes title.
b. Part of Premises. If part of the Premises is condemned
by any governmental authority, Landlord may, at Landlord's option (to be
exercised with reasonable promptness), terminate this Lease on
[number] days' prior written notice to Tenant. If Landlord cancels
this Lease, Tenant's rights and obligations under it will terminate as
of the termination date contained in Landlord's notice. Tenant will pay
all rent due under this Lease until such termination date, without
reduction or abatement. If Landlord does not cancel this Lease, the
rent payable from and after the date title vests in such governmental
authority will be prorated to encompass the portion of the Premises not
taken or condemned.
c. Award. The entire award for any condemnation of the
Premises is the sole property of Landlord. Tenant will have no interest
in such award and will make no claim for the unexpired Term of this
22. Notices. All notices under this Lease must be in writing
and either delivered personally or mailed by certified or registered
mail, return receipt requested, to the address of Landlord, or if sent
to Tenant to the address of the Premises (or at such other address as
Landlord may designate by notice to Tenant).
23. Default and Remedies.
a. Notice of Default. Landlord agrees to provide [number]
days' written notice to Tenant to correct any default under this Lease,
other than a failure to pay rent or additional rent.
b. Termination of Lease. If Tenant fails to correct any
default, other than a failure to pay rent or additional rent, within
such [number]-day period, or if Tenant fails to pay rent or additional
rent provided for in this Lease on its due date plus a grace period of
[number] days, then Landlord may cancel this Lease by [number] days'
prior written notice to Tenant. On the date stated in Landlord's
notice, this Lease and Tenant's rights under this Lease will terminate,
and Tenant must surrender the Premises. Tenant remains liable, after
such termination, for rent, additional rent, costs, and damages provided
in this Lease.
c. Rent for Unexpired Term. If this Lease is terminated due
to Tenant's default, all rent and additional rent payable by Tenant
during the entire Term as provided in this Lease becomes immediately due
and fully payable. Landlord may thereafter lease the Premises to
another tenant for any term and at any rent. Tenant is responsible for
all costs incurred by Landlord in reletting the Premises (including
attorney fees, advertising expenses, and repairs). Any rent received by
Landlord from a new tenant will reduce Tenant's liability for unpaid
d. Other Remedies. If this Lease is terminated due to
Tenant's default, Landlord may, in addition to any other rights and
remedies available to Landlord, (i) enter the Premises and have Tenant
and Tenant's property removed and (ii) use any dispossess, eviction, and
similar legal proceedings available.
24. Curing Tenant's Defaults. If Tenant does not correct a
default after [number] days' notice by Landlord, Landlord may remedy
such default on behalf of Tenant, and any costs incurred by Landlord
will be payable by Tenant, as additional rent under this Lease.
25. Surrender. At the end of the Term or earlier termination
of this Lease, Tenant will quit and surrender the Premises in as good
order and condition as on the commencement date of this Lease, except
for ordinary wear and tear and damage by the elements.
26. Rules. Attached to this Lease are written rules
[omitted] regarding Tenant's use and care of the Premises and
appliances, equipment, furniture, furnishings, and other personal
property located on the Premises. Tenant agrees to comply strictly with
27. Quiet Enjoyment. If Tenant is not in default under this
Lease, Tenant may peaceably and quietly enjoy the Premises during the
28. No Waiver. If Landlord fails to enforce any provision of
this Lease, Landlord is not deemed to waive such provision and is not
prevented from enforcing such provision thereafter.
29. Separability. If any part of this Lease is invalid or
unenforceable, the balance of this Lease shall remain effective, absent
30. Successors. This Lease is binding on all persons who may
succeed to the rights of Landlord or Tenant, including heirs, executors,
and purchasers, as applicable.
31. Merger. This Lease represents the entire agreement
between Landlord and Tenant. Landlord has made no representations other
than those contained in this Lease.
32. Amendments. No change in this Lease shall be effective
unless it is in writing and signed by both Landlord and Tenant.
33. Powers of Landlord's Agent. All rights and remedies of
Landlord under this Lease or at law may be exercised by Landlord or by
Landlord's agent in Landlord's name.