Information for Tenants

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• Sample Lease

Residential Lease

THIS RESIDENTIAL LEASE AGREEMENT ("Lease") is made between the following parties:

NAME:_____________                NAME:________________

Address of Premises:                       Business Address:

"Lessee"                                          "Lessor"             

                                         SECTION ONE. RENT

1. Lessee will pay Lessor (or Lessor's authorized agent) the amount of        _____Dollars ($______) per month, in advance, as monthly rental for the Premises for the term of this Lease. Total rental for the initial term of this Lease shall be_________Dollars. Lessee's first monthly rental payment is due on or before____________1 9___, and each subsequent payment will be due on the _____ day of each month following for the term of this Lease. Payments will be made at the Lessor's address as stated in this Lease, or at any other address Lessor may specify in writing to Lessee.

2. Installments of rent that are not received by lessor as required by this Lease are considered late. Late payment of rent constitutes default under the terms of this lease. If full payment is not received by the Lessor within ____ days of the date of default, Lessee agrees to pay to Lessor an administrative fee of________Dollars ($_______). Lessee will pay Lessor a charge of________Dollars ($_______) for any check returned to Lessor for insufficient funds. Lessor may require that any rent payment be made in the form of a certified check, money order or cashier's check.

  3. Failure by Lessee to make any payment of rent, or any other fee or charge, under this Lease constitutes a default In the event that Lessee fails to make any payment within_____days after receiving written notice of Lessor's intention to terminate this Lease, Lessor may terminate this Lease and any and all unpaid rent for the full remaining term of this

Lease shall then become due and payable. In the event of termination, Lessor shall be entitled to:

A.  Immediate possession of the Premises.

B.   Immediate payment of any unpaid rent or other charges.

C. Recovery of any damages incurred due to Lessee's default, including but not limited to the cost of reletting the Premises, lost rental under this Lease and the cost of collections.

D. Court costs and reasonable attorney's fees as permitted by law, arising due to Lessee's default.

E. Any other remedy as provided by the law of the State of____________.

  4. Lessor's rights and duties under the terms of this Lease are cumulative, and the exercise of any one or  more of them does not prohibit Lessor from the exercise or use of any other right or remedy provided by this Lease or by law.

SECTION TWO. SECURITY DEPOSIT

1. Lessee has paid Lessor a Security Deposit in the amount of________Dollars ($_______) as set forth above, to secure his or her performance of all the covenants, agreements and terms of this Lease. The Security Deposit is subject to the following conditions:

  A. Lessor may use, apply or retain any or all of the amount of die Security Deposit for the payment of any rent due from Lessee; for any administrative, maintenance or other charges set forth in this Lease; any damages or expenses incurred by Lessor arising from Lessee's failure to comply with any of the terms of this Lease (including but not limited to expenses incurred in reletting the Premises).

  B. If, during the term (or any extension of the term) of this Lease, Lessor is obligated to use all or any of the Security Deposit in accordance with the terms and conditions of this Lease or any other law or agreement, Lessor shall notify Lessor of the expenditure, in writing, within______ days of its being incurred, and provide along with such notice an itemized list of the charges and expenses, including the reasonable cost of Lessor's own time and labor. Lessee shall have______days in which to deposit with Lessor a sum equal to the amount   used, to ensure that the full amount of Security Deposit is maintained with the Lessor at all times during the term of this Lease.

C. The use of all or any part of the Security Deposit by Lessor shall not be Lessor's sole remedy in the event of Lessee's default If the costs of Lessor's expenses and/or damages incurred exceed the toed amount of the Security Deposit, Lessee shall pay any excess. LESSEE MAY NOT APPLY THE SECURITY DEPOSIT AS RENT.

E. During the term of this Lease, and during any extensions of this Lease agreement, the Security Deposit shall be held in a/an: ___interest-bearing___ non-interest_bearing  [check one] account Parties initial here: _____    _____

F. When Lessee has performed all obligations required under this Lease, has - all rent and any other charges. and has surrendered the Premises, its keys, passes and any other documents or fixtures in the same condition as they were provided at the beginning of the term of this Lease, reasonable wear and tear excepted, Lessor shall return to Lessee any remaining amount of the Security Deposit, together with a fully itemized list of all charges deducted from it, with documentation, within - days of the termination of this Lease aid the surrender of the Premises.

G. In the event Lessor's interest in the Premises are sold, transferred or assigned, Lessor shall notify Lessee of  the change in ownership and the name and business address of thow~.½esor. Lessor shall transfer the Security Deposit to the new lessor or owner and be released from all liability to Lessee.

  SECTION THREE. TERM OF LEASE AND EXTENSIONS

The term of this Lease shall be ____ year(s). This Lease will be automatically extended on a month to month basis, on the same terms and conditions as agreed to in this Lease, unless either party gives the other_____days written notice of his or her intent not to extend the Lease at the end of the term. In the event that this Lease is extended, _______days prior notice shall be required to terminate it. Such notice must be received by the non-terminating party no later than the______day of the month and Lessee's tenancy shall terminate on the last day of that month.

     SECTION FOUR. CONDITION OF PREMISES

Lessee has examined the condition of the Premises, and acknowledges that the Premises are received in good condition and repair except as otherwise specified in this Lease. Lessee is responsible for all day-to-day maintenance of the Premises as defined in the Rules and Regulations, including maintaining all devices and appliances in working order.

     SECTION FIVE. USE OF PREMISES

1.   The Premises are leased to Lessee exclusively, and shall be used strictly as a residence and for no other purpose. The Premises shall be occupied only by Lessee and any children born to, adopted by or placed under Lessee's legal care and/or guardianship. A violation of any condition of this lease by any guest of Lessee shall be construed as a violation by Lessee.

2.   The Premises may not be assigned or sublet by Lessee without the prior written consent of Lessor. Lessee shall not undertake any modification or structural change to the Premises without the written consent of Lessor.

  3.   Lessee shall not use or allow the Premises to be used for any unlawful or disorderly purpose. The Premises may not be used in any way that represents a material detriment to the health or safety of others. Lessee shall comply with all applicable laws and any Rules and Regulations established by Lessor. Lessee shall be provided with a printed copy of the applicable Rules and Regulations at the time this Lease is signed. Lessor has the right to immediately terminate this lease based on any such violation.

             SECTION SIX. ACCESS

Lessee shall permit Lessor, or Lessor's duly authorized agent or representatives, unrestricted access to the Premises at all reasonable times for any necessary purpose, including but not limited to inspection, maintenance and exhibition.

               SECTION SEVEN. PETS

No pets of any kind may be kept in or around the Premises for any purpose. This provision does not apply to companion animals trained and certified to assist a person with a disability.

  SECTION EIGHT. UTILITIES AND MAINTENANCE

I.    Lessor will ensure that hot and cold running water are supplied to the Premises for Lessee's use at all times. Lessor will provide reasonable heating of the Premises at all times between the months of_________and_________, as required by law. Lessor shall provide reasonable air conditioning to the Premises between the months of______ and_______, or as provided by law. Lessor shall not be responsible to Lessee for any failure to provide water, heat or air conditioning due to causes beyond Lessor's control or for periods when any necessary systems are under

repair.

2.   Lessor covenants to maintain the Premises and all grounds and public areas appurtenant to the Premises, in good repair and tenantable condition. Lessor certifies that the Premises contain all smoke detectors and other devices required by law, and that all such detectors or other devices are in good working order. Lessee is responsible for maintaining such systems.

3.   Should the Premises be damaged by fire or other casualty, Lessor may either (A) repair the damage within a reasonable time, not to exceed ____ days from the date Lessor is notified in writing of such damage, or (B) terminate this Lease by providing Lessee with written notice. Should such fire or other casualty impair Lessee's occupancy, Lessee may vacate the premises and provide Lessor with written notice, within days of so vacating, of the intent to terminate this Lease. Such termination will be without penalty to Lessee. If such damage is caused by Lessee's own fault or negligence, or that of Lessee's agents, guests, visitors, servants or licensees, Lessee shall continue to be liable for all rent and charges during the remaining unexpired term of this Lease unless specifically released by Lessor.

SECTION NINE. SUBORDINATION, SEVERABILITY AND LAW

1.   This Lease is subordinate to all mortgages, deeds of trust or other instruments now or later affecting the Premises.

  2.   If any provision of this Lease is or should become prohibited under any law, that provision shall be made ineffective, without invalidating any remaining provisions. The governing law of the jurisdiction in which the Premises are located is incorporated into and supersedes this Lease by reference, and the parties agree to be bound by such law.

            SECTION TEN. MISCELLANEOUS

The words "Lessor" and "Lessee," as used in this Lease are construed as including more than one lessor. AU terms and conditions of this Lease are binding on and may be enforced by the parties, their heirs, assigns, executors, administrators and successors. This Lease represents the entire agreement between Lessor and Lessee. Neither party is bound by any representations made by any party that are not included in this Lease, except that the Rules and Regulations of the Premises and Lessee's Application are included by reference.

ADDITION COVENANTS, TERMS, CONDITIONS AND AGREEMENTS: [if none, write "NONE"]

LESSEE: __________________________(sale) 

LESSOR: __________________________(sale)