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Residential Rental Agreement
AGREEMENT made on [Date] by and between [Name] of [Address], hereinafter referred to as "Landlord", and [Name] of [Address], hereinafter referred to as "Tenant", the parties mutually agree as follows:
1. Duration. This rental agreement begins as 00.00 A.M./P.M., on [Date] and continues as follows: [Enumerate.
2. When there is more than one landlord or tenant, the parties will be referred to in the singular.
3. Description. Landlord agrees to rent to tenant, and tenant agrees to rent from landlord, the residence described as: [Enumerate].
4. Rent. The total amount of the rent for this rental agreement shall be [$------] payable as follows: [Terms of Payment] Rent is payable to the landlord at [Address].
5. Liens and encumbrances. Tenant agrees not to allow any liens or encumbrances to attach to the property during the term of this agreement.
6. Occupants and pets. No more than [Number] of adults, and [Number] of children shall occupy the property. No more than [--] pets shall occupy the property. The tenant shall use the rented property as a residence only.
7. Violation of laws. Tenant shall not violate any city ordinance, state law, or other law in or about the property.
8. Subletting. Any attempt by tenant to sublet, assign, or in any way transfer the property, any part of the property, or the tenant's rights in this agreement without the landlord's prior written consent is void.
9. Termination. Either party may terminate this agreement as follows: [Specific Terms of Termination]. If however, either party breaches any provision of this agreement, the non breaching party shall have all the rights allowed by state law, including the right to terminate this rental agreement if allowed by state law, and pursue any remedies allowed by law. Upon termination of this tenancy, the tenant agrees to promptly and peacefully surrender the premises to landlord.
10. Maintenance. Tenant shall maintain the property in a clean and sanitary condition at all times. Tenant shall not do anything on the property that will make voidable, or increase the premium for, landlord's insurance on the property. Tenant shall not make any alterations to the property or change the locks on the property without the prior written consent of the landlord. At the termination of the tenancy, tenant shall surrender the property to landlord in as good a condition as when received, except for ordinary wear and tear.
11. Representations and utilities. Landlord represents to tenant that landlord owns the property being rented and has the right to rent this property to tenant. Landlord also represents that tenant shall have the quiet enjoyment of the property during the period of this rental agreement, and that the property is habitable. Landlord further agrees to supply utilities capable of producing hot and cold running water and adequate heating for the property. The parties will pay for utilities and repairs as follows:
12. Liability for damages. Tenant agrees to assume all liability for, and hold landlord harmless from, all damages to people or property caused by tenant, tenant's family, or tenant's guests on any part of the property. Damages includes any costs and attorney's fees that the landlord incurs in defending any lawsuit or other action.
13. Expenses. If either party incurs any expenses to enforce any provision of this agreement, including reasonable attorney's fees, either before or after either party begins an action in a court, the losing party in the suit or action, or the party defaulting on this agreement if there is no suit or action, shall pay the other party's expenses and reasonable attorney's fees, including attorney's fees at trial and on any appeal of any suit or action.
14. Owner. The owner of this property is [Name] whose address is [Address] and whose telephone number is [Number].
The address to be used for sending notices to the landlord required by this agreement is [Address].
The manager of the property is [Name] and whose address is [Address] and whose telephone number is [Number]. Tenant can call the following telephone number in case of an emergency: [Number].
The address to which the landlord should send notices to the tenant is [Address].
15. Mortgages. Tenant agrees that this rental agreement is subordinate to all existing mortgages and other encumbrances on this property at the time of signing this rental agreement. The tenant also agrees that during the term of this rental agreement the landlord may place mortgages or other encumbrances on the property, as long as they do not interfere with tenant's use of the property.
16. Access. Tenant shall allow landlord reasonable access to the rented property to inspect the property or to repair any portion of the property. Landlord must exercise this right of access reasonably, and shall not use it to harass the tenant in any way. Landlord shall give the tenant reasonable notice before inspecting or repairing the property.
17. Insurance on personal property. Tenant acknowledges that landlord is not responsible for insuring any of tenant's personal property.
18. Destruction - Eminent domain. Landlord and tenant agree that in the event more than half of the property being rented is destroyed by fire or other loss, or is taken by eminent domain, this rental agreement shall become void at the option of either the landlord or the tenant.
19. Complete agreement. This is the complete and final agreement of the parties regarding rental of the property described in this agreement. This agreement replaces any prior written or oral agreements regarding this property.
20.Security deposit. Landlord and tenant make the following agreement regarding a security deposit of: [$------].
21. Additional Provisions. [Insert Additional Provisions].
22. Satisfaction with property. Tenant agrees that tenant has personally inspected the property and finds it satisfactory at the time of signing this agreement. The parties agree that they have both read all the provisions contained in this agreement. The parties agree that they have not made any promises that this agreement does not contain.
23. Execution of rental agreement. The parties have signed two originals of this agreement on [Date] at [City], of [State].
24. By signing this agreement, each party acknowledges receipt of one original agreement.
25. Entire Agreement. This Agreement including any attachments is the entire agreement between the parties and there are no other promises or conditions in any other written agreement.
This Agreement supersedes any prior oral agreements between the parties.
26. Agreement Binding. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
27. No Assignment. Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.
28. Exclusion of Oral Statements. This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.
29. Applicable Law. This Agreement shall be governed by the laws of the State of [State].
30. Time of The Essence. Time is the essence of this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
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]