THIS LEASE AGREEMENT (hereinafter referred to as
the "Agreement") made and entered into this
_____ day of ____________, 20_____, by and between
_________________________________________, whose address
is _________________________________ (hereinafter
referred to as "Lessor") and ____________________________________
(hereinafter referred to as "Lessee").
W I T N E S S E T H :
WHEREAS, Lessor is the fee owner of certain real
property being, lying and situate in _______________
County, _____________, such real property having a
street address of
____________________________________________________.
WHEREAS, Lessor is desirous of leasing the Premises
to Lessee upon the terms and conditions as contained
herein; and
WHEREAS, Lessee is desirous of leasing the Premises
from Lessor on the terms and conditions as contained
herein;
NOW, THEREFORE, for and in consideration of the
sum of TEN DOLLARS ($10.00), the covenants and obligations
contained herein and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,
the parties hereto hereby agree as follows:
1. TERM. Lessor leases to Lessee and Lessee leases
from Lessor the above described Premises together
with any and all appurtenances thereto, for a term
of ______ year(s), such term beginning on __________________,
and ending at 12 o'clock midnight on ______________________.
2. RENT. The total rent for the term hereof is the
sum of ________________)_______________ DOLLARS ($____________)
payable on the ______ day of each month of the term,
in equal installments of ______________________________
DOLLARS ($_____________) first and last installments
to be paid upon the due execution of this
Agreement, the second installment to be paid on _______________________.
All such payments shall be made to Lessor at Lessor's
address as set forth in the preamble to this Agreement
on or before the due date and without demand.
3. DAMAGE DEPOSIT. Upon the due execution of this
Agreement, Lessee shall deposit with Lessor the sum
of ___________________________ DOLLARS ($________)
receipt of which is hereby acknowledged by Lessor,
as security for any damage caused to the Premises
during the term hereof. Such deposit shall be returned
to Lessee, without interest, and less any set off
for damages to the Premises upon the termination of
this Agreement.
4. USE OF PREMISES. The Premises shall be used and
occupied by Lessee and Lessee's immediate family,
consisting of ______________________ __________________________
____________, exclusively, as a private single family
dwelling, and no part of the Premises shall be used
at any time during the term of this Agreement by Lessee
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 dwelling. Lessee shall
not allow any other person, other than Lessee's immediate
family or transient relatives and friends who are
guests of Lessee, to use or occupy the Premises without
first obtaining Lessor's written consent to such use.
Lessee shall comply with any and all laws, ordinances,
rules and orders of any and all governmental or quasi-governmental
authorities affecting the cleanliness, use, occupancy
and preservation of the Premises.
5. CONDITION OF PREMISES. Lessee stipulates, represents
and warrants that Lessee has examined the Premises,
and that they are at the time of this Lease in good
order, repair, and in a safe, clean and tenantable
condition.
6. ASSIGNMENT AND SUB-LETTING. Lessee shall not
assign this Agreement, or sub-let or grant any license
to use the Premises or any part thereof without the
prior written consent of Lessor. A consent by Lessor
to one such assignment, sub-letting or license shall
not be deemed to be a consent to any subsequent assignment,
sub-letting or license. An assignment, sub-letting
or license without the prior written consent of Lessor
or an assignment or sub-letting by operation of law
shall be absolutely null and void and shall, at Lessor's
option, terminate this Agreement.
7. ALTERATIONS AND IMPROVEMENTS. Lessee shall make
no alterations to the buildings or improvements on
the Premises or construct any building or make any
other improvements on the Premises without the prior
written consent of Lessor. Any and all alterations,
changes, and/or improvements built, constructed or
placed on the Premises by Lessee shall, unless otherwise
provided by written agreement between Lessor and Lessee,
be and become the property of Lessor and remain on
the Premises at the expiration or earlier termination
of this Agreement.
8. NON-DELIVERY OF POSSESSION. In the event Lessor
cannot deliver possession of the Premises to Lessee
upon the commencement of the Lease term, through no
fault of Lessor or its agents, then Lessor or its
agents shall have no liability, but the rental herein
provided shall abate until possession is given. Lessor
or its agents shall have thirty (30) days in which
to give possession, and if possession is tendered
within such time, Lessee agrees to accept the demised
Premises and pay the rental herein provided from that
date. In the event possession cannot be delivered
within such time, through no fault of Lessor or its
agents, then this Agreement and all rights hereunder
shall terminate.
9. HAZARDOUS MATERIALS. Lessee shall not keep on
the Premises any item of a dangerous, flammable or
explosive character that might unreasonably increase
the danger of fire or explosion on the Premises or
that might be considered hazardous or extra hazardous
by any responsible insurance company.
10. UTILITIES. Lessee shall be responsible for arranging
for and paying for all utility services required on
the Premises.
11. MAINTENANCE AND REPAIR; RULES. Lessee will,
at its sole expense, keep and maintain the Premises
and appurtenances in good and sanitary condition and
repair during the term of this Agreement and any renewal
thereof. Without limiting the generality of the foregoing,
Lessee shall:
(a) Not obstruct the driveways, sidewalks, courts,
entry ways, stairs and/or halls, which shall be used
for the purposes of ingress and egress only;
(b) Keep all windows, glass, window coverings, doors,
locks and hardware in good, clean order and repair;
(c) Not obstruct or cover the windows or doors;
(d) Not leave windows or doors in an open position
during any inclement weather;
(e) Not hang any laundry, clothing, sheets, etc.
from any window, rail, porch or balcony nor air or
dry any of same within any yard area or space;
(f) Not cause or permit any locks or hooks to be
placed upon any door or window without the prior written
consent of Lessor;
(g) Keep all air conditioning filters clean and
free from dirt;
(h) Keep all lavatories, sinks, toilets, and all
other water and plumbing apparatus in good order and
repair and shall use same only for the purposes for
which they were constructed. Lessee shall not allow
any sweepings, rubbish, sand, rags, ashes or other
substances to be thrown or deposited therein. Any
damage to any such apparatus and the cost of clearing
stopped plumbing resulting from misuse shall be borne
by Lessee;
(i) And Lessee's family and guests shall at all
times maintain order in the Premises and at all places
on the Premises, and shall not make or permit any
loud or improper noises, or
otherwise disturb other residents;
(j) Keep all radios, television sets, stereos, phonographs,
etc., turned down to a level of sound that does not
annoy or interfere with other residents;
(k) Deposit all trash, garbage, rubbish or refuse
in the locations provided therefor and shall not allow
any trash, garbage, rubbish or refuse to be deposited
or permitted to stand on the
exterior of any building or within the common elements;
(l) Abide by and be bound by any and all rules and
regulations affecting the Premises or the common area
appurtenant thereto which may be adopted or promulgated
by the Condominium or Homeowners' Association having
control over them.
12. DAMAGE TO PREMISES. In the event the Premises
are destroyed or rendered wholly untenantable by fire,
storm, earthquake, or other casualty not caused by
the negligence of
Lessee, this Agreement shall terminate from such time
except for the purpose of enforcing rights that may
have then accrued hereunder. The rental provided for
herein shall then be accounted for by and between
Lessor and Lessee up to the time of such injury or
destruction of the Premises, Lessee paying rentals
up to such date and Lessor refunding rentals collected
beyond such date. Should a portion of the Premises
thereby be rendered untenantable, the Lessor shall
have the option of either repairing such injured or
damaged portion or terminating this Lease. In the
event that Lessor exercises its right to repair such
untenantable portion, the rental shall abate in the
proportion that the injured parts bears to the whole
Premises, and such part so injured shall be restored
by Lessor as speedily as practicable, after which
the full rent shall recommence and the Agreement continue
according to its terms.
13. INSPECTION OF PREMISES. Lessor and Lessor's
agents shall have the right at all reasonable times
during the term of this Agreement and any renewal
thereof to enter the Premises for the purpose of inspecting
the Premises and all buildings and improvements thereon.
And for the purposes of making any repairs, additions
or alterations as may be deemed appropriate by Lessor
for the preservation of the Premises or the building.
Lessor and its agents shall further have the right
to exhibit the Premises and to display the usual "for
sale", "for rent" or "vacancy"
signs on the Premises at any time within forty-five
(45) days before the expiration of this Lease. The
right of entry shall likewise exist for the purpose
of removing placards, signs, fixtures, alterations
or additions, but do not conform to this Agreement
or to any restrictions, rules or regulations affecting
the Premises.
14. SUBORDINATION OF LEASE. This Agreement and Lessee's
interest hereunder are and shall be subordinate, junior
and inferior to any and all mortgages, liens or encumbrances
now or hereafter placed on the Premises by Lessor,
all advances made under any such mortgages, liens
or encumbrances (including, but not limited to, future
advances), the interest payable on such mortgages,
liens or encumbrances and any and all renewals, extensions
or modifications of such mortgages, liens or encumbrances.
15. LESSEE'S HOLD OVER. If Lessee remains in possession
of the Premises with the consent of Lessor after the
natural expiration of this Agreement, a new tenancy
from month-to-month shall be created between Lessor
and Lessee which shall be subject to all of the terms
and conditions hereof except that rent shall then
be due and owing at __________________ DOLLARS ($___________)
per month and except that such tenancy shall be terminable
upon fifteen (15) days written notice served by either
party.
16. SURRENDER OF PREMISES. Upon the expiration of
the term hereof, Lessee shall surrender the Premises
in as good a state and condition as they were at the
commencement of this Agreement, reasonable use and
wear and tear thereof and damages by the elements
excepted.
17. ANIMALS. Lessee shall be entitled to keep no
more than ______ (___) domestic dogs, cats or birds;
however, at such time as Lessee shall actually keep
any such animal on the Premises, Lessee shall pay
to Lessor a pet deposit of _______________________
DOLLARS ($_______), ___________________ DOLLARS ($_________)
of which shall be non-refundable and shall be used
upon the termination or expiration of this Agreement
for the purposes of cleaning the carpets of the building.
18. QUIET ENJOYMENT. Lessee, upon payment of all
of the sums referred to herein as being payable by
Lessee and Lessee's performance of all Lessee's agreements
contained herein and Lessee's observance of all rules
and regulations, shall and may peacefully and quietly
have, hold and enjoy said Premises for the term hereof.
19. INDEMNIFICATION. Lessor shall not be liable
for any damage or injury of or to the Lessee, Lessee's
family, guests, invitees, agents or employees or to
any person entering the Premises or the building of
which the Premises are a part or to goods or equipment,
or in the structure or equipment of the structure
of which the Premises are a part, and Lessee hereby
agrees to indemnify, defend and hold Lessor harmless
from any and all claims or assertions of every kind
and nature.
20. DEFAULT. If Lessee fails to comply with any
of the material provisions of this Agreement, other
than the covenant to pay rent, or of any present rules
and regulations or any that may be hereafter prescribed
by Lessor, or materially fails to comply with any
duties imposed on Lessee by statute, within seven
(7) days after delivery of written notice by Lessor
specifying the non-compliance and indicating the intention
of Lessor to terminate the Lease by reason thereof,
Lessor may terminate this Agreement.
If Lessee fails to pay rent when due and the default
continues for seven (7) days thereafter, Lessor may,
at Lessor's option, declare the entire balance of
rent payable hereunder to be immediately due and payable
and may exercise any and all rights and remedies available
to Lessor at law or in equity or may immediately terminate
this Agreement.
21. LATE CHARGE. In the event that any payment required
to be paid by Lessee hereunder is not made within
three (3) days of when due, Lessee shall pay to Lessor,
in addition to such payment or other charges due hereunder,
a "late fee" in the amount of _________________________
($__________).
22. ABANDONMENT. If at any time during the term
of this Agreement Lessee abandons the Premises or
any part thereof, Lessor may, at Lessor's option,
obtain possession of the Premises in the manner provided
by law, and without becoming liable to Lessee for
damages or for any payment of any kind whatever. Lessor
may, at Lessor's discretion, as agent for Lessee,
relet the Premises, or any part thereof, for the whole
or any part thereof, for the whole or any part of
the then unexpired term, and may receive and collect
all rent payable by virtue of such reletting, and,
at Lessor's option, hold Lessee liable for any difference
between the rent that would have been payable under
this Agreement during the balance of the unexpired
term, if this Agreement had continued in force, and
the net rent for such period realized by Lessor by
means of such reletting. If Lessor's right of reentry
is exercised following abandonment of the Premises
by Lessee, then Lessor shall consider any personal
property belonging to Lessee and left on the Premises
to also have been abandoned, in which case Lessor
may dispose of all such personal property in any manner
Lessor shall deem proper and Lessor is hereby relieved
of all liability for doing so.
23. ATTORNEYS' FEES. Should it become necessary
for Lessor to employ an attorney to enforce any of
the conditions or covenants hereof, including the
collection of rentals or gaining possession of the
Premises, Lessee agrees to pay all expenses so incurred,
including a reasonable attorneys' fee.
24. RECORDING OF AGREEMENT. Lessee shall not record
this Agreement on the Public Records of any public
office. In the event that Lessee shall record this
Agreement, this Agreement shall, at Lessor's option,
terminate immediately and Lessor shall be entitled
to all rights and remedies that it has at law or in
equity.
25. GOVERNING LAW. This Agreement shall be governed,
construed and interpreted by, through and under the
Laws of the State of ______________________.
26. SEVERABILITY. If any provision of this Agreement
or the application thereof shall, for any reason and
to any extent, be invalid or unenforceable, neither
the remainder of this Agreement nor the application
of the provision to other persons, entities or circumstances
shall be affected thereby, but instead shall be enforced
to the maximum extent permitted by law.
27. BINDING EFFECT. The covenants, obligations and
conditions herein contained shall be binding on and
inure to the benefit of the heirs, legal representatives,
and assigns of the parties hereto.
28. DESCRIPTIVE HEADINGS. The descriptive headings
used herein are for convenience of reference only
and they are not intended to have any effect whatsoever
in determining the rights or obligations of the Lessor
or Lessee.
29. CONSTRUCTION. The pronouns used herein shall
include, where appropriate, either gender or both,
singular and plural.
30. NON-WAIVER. No indulgence, waiver, election
or non-election by Lessor under this Agreement shall
affect Lessee's duties and liabilities hereunder.
31. MODIFICATION. The parties hereby agree that
this document contains the entire agreement between
the parties and this Agreement shall not be modified,
changed, altered or amended in any way except through
a written amendment signed by all of the parties hereto.
IN WITNESS WHEREOF, the parties have caused these
presents to be duly executed:
As to Lessor this ______ day of ______________, 20______.
Witnesses: "Lessor"
____________________________ ______________________________
____________________________
____________________________
As to Lessee this ______ day of ______________, 20______.
Witnesses: "Lessee"
_________________________ ____________________________
_________________________ ____________________________
NOTICE
The information in this document is designed to
provide an outline that you can follow when formulating
business or personal plans. Due to the variances by
many local, city, county and state laws, we recommend
that you seek professional legal counseling before
entering into any contract or agreement.
