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Create a Residential Lease Agreement

A residential lease agreement outlines both tenant responsibilities and landlord duties. This agreement must be signed before the tenant moves into the premises. States and cities have their own requirements, but generally a lease must contain details related to rent amounts, security deposits, and other rules.

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This Rental Lease Agreement is entered into on __________________________ , between__________________________ , __________________________ , whose address and telephone number are__________________________ (“Landlord”), and __________________________ ,__________________________ (“Tenant”).
The tenant(s) named in this agreement is/are the only permitted tenants. Rent will not be accepted from any person not named as an original tenant.
1. Landlord agrees to rent to Tenant the premises commonly known as __________________________ , in__________________________ , __________________________ (“the premises”).
2. Landlord acknowledges receipt of the sum of $ __________________________ as a deposit pending Landlord’s approval of this Rental Lease Agreement. Landlord has __________________________ days to approve this Rental Lease Agreement, and will refund the entire deposit to Tenant if acceptance is not made within that time. If Landlord accepts this Rental Lease Agreement, the deposit will be applied to__________________________ .
3. Tenant will pay $ __________________________ rent per month, in advance, on the__________________________ day of each month to __________________________ , whose address and telephone number are __________________________ . Payments made in person may be delivered to__________________________ between the hours of __________________________ , on the following days of the week __________________________ .
4. Acceptable methods of payment:
__________________________ Personal Check
__________________________ Cashier’s Check
__________________________ Money Order
5. Tenant agrees to pay a late charge of $ __________________________ , if the rent is not received__________________________ . Tenant and Landlord agree that Landlord will sustain damage on account of any late payment of rent, including but not limited to added accounting, administrative, and management expenses and costs, but that it will be impracticable and extremely difficult to specify the actual amount of such damage. The parties agree that this late charge represents a fair and reasonable estimate of the damages that Landlord will incur by reason of the late payment of rent. Tenant bears the risk of loss or delay of any payment made by mail.
This late charge, which shall be considered to be “additional rent,” does not establish a grace period; Landlord may serve a Three-Day Notice to Pay Rent or Quit if rent is not paid on its due date.
6. Tenant agrees to pay a service charge of $ __________________________ if Tenant’s bank returns a rent check for insufficient funds or Tenant instructs the bank to stop payment of said funds. If the bank returns Tenant’s check, Landlord may serve written notice to Tenant that the next rental payments, for a period of up to three (3) months, shall be in cash. In addition, Landlord may serve, in accordance with __________________________ , a 30-day written notice that all future payments must be in the form of electronic funds transfer, cashier’s check, or money order. As required by law, Tenant is hereby notified that a negative credit report reflecting on Tenant’s credit record may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of credit obligations by failing to pay rent on time.
MONTH TO MONTH OR TERM LEASE.
7. __________________________ The term of this lease will commence on __________________________ , and continue until __________________________ . If Tenant holds over after expiration of the term, and Landlord accepts rent from __________________________ at the above-specified monthly rent, the tenancy will then continue on a month-to-month basis.
__________________________ The term of this rental agreement will commence on__________________________ , and will continue on a month-to-month basis until terminated after either party gives __________________________ days’ written notice to the other party or other notice provided by law.
8. The premises will be occupied only by the following named persons, each of whom has executed this Rental Lease Agreement __________________________ and by __________________________ minor children, who need not execute this Rental Lease Agreement. Each such occupant is an original occupant and is entitled to the benefit of any local rent control ordinance, if applicable.
9. This agreement is between Landlord and each named Tenant, individually and severally. The named Tenant(s)__________________________ jointly and severally responsible for performance of__________________________ obligations under this Rental Lease Agreement, including the payment of rent.
10. Tenant may have guests on the premises for not more than __________________________ consecutive days or __________________________ days in a calendar year, and no more than __________________________guests at any one time. Tenant may not take in any boarders, lodgers, or roommates without Landlord’s prior written consent, which shall not unreasonably be withheld. Any guest whose stay exceeds the specified limits, or any boarder, lodger, or roommate to whom Landlord has not consented, is not a tenant of the premises, and will be subject to eviction by Landlord under legal process without prior service of notice to quit or other termination notice.
11. Tenant(s) agree(s) to indemnify Landlord for any liability arising before termination of this Rental Lease Agreement for personal injuries or property damage caused by the negligent, willful, or intentional conduct of Tenant(s), and/or guests or invitees. This indemnification agreement does not waive Landlord’s duty of care to prevent personal injury or property damage when that duty is imposed by law.
12. Tenant will deposit with Landlord the sum of $ ____________________________________________________ of the Rental Lease Agreement and the sum of $__________________________ as a security deposit. Landlord will hold the security deposit for the faithful performance by Tenant the obligations under this Rental Lease Agreement, including payment of rent, repair of damages to the premises, exclusive of ordinary wear and tear, caused by Tenant or Tenant’s guest or licensee, and cleaning of the premises on termination of the tenancy, and to remedy any default in Tenant’s obligation under the Rental Lease Agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear. Within three weeks after Tenant has vacated the premises, Landlord will furnish Tenant(s) with an itemized written statement of the basis for, and amount of, the security received and its expenditure (or good faith estimate as allowed by law), including all supporting documentation required by law, and will return any remaining portion of the security deposit to Tenant.
13. No trust relationship between Landlord and Tenant is created on account of the security deposit and Landlord may commingle the deposit with other funds of Landlord.
14. Tenant agrees to participate in a move-out inspection with Landlord at the time of vacating. If Tenant fails or refuses to participate in a move-out inspection, Landlord’s written inspection report will be conclusively presumed to be correct.
15. If one or more Tenants vacates and receives a proportionate refund (less lawful deductions) of the deposit, the remaining Tenants will immediately on demand by Landlord replace the portion of the deposit refunded to or otherwise accounted to the departing individual. The remaining Tenants will not have the right to contest the amount of any deductions assessed against the departing Tenants.
16. At the sole and exclusive option of the landlord, the security deposit shall not be returned nor an accounting be due until the last of the named occupants vacates the premises. Any tenant vacating the premises shall receive a reimbursement for his or her share of the security deposit from the tenants remaining in possession of the premises.
17. If all or any portion of Tenant’s security deposit is properly applied by Landlord during the term of this Rental Lease Agreement to make necessary repairs to the premises, Landlord may demand that Tenant replenish the full amount so applied. Tenant’s failure to replenish such amount within __________________________ after written demand by Landlord will constitute a material breach of this Rental Lease Agreement. Landlord’s written demand for replenishment will include an itemized statement describing the disposition of the security.
18. At any time during the term of this Rental Lease Agreement and after 30 days’ prior written notice to Tenant, Landlord may increase the security deposit to the maximum amount then permitted by law. Tenant’s failure to deposit such increase in accordance with Landlord’s notice will constitute a material breach of this Rental Lease Agreement.
19. __________________________ Any “screening fee” charged to process tenant’s rental application is nonrefundable, and has not and will not be credited to tenant’s security deposit or deemed to be a security deposit.
20. __________________________ Landlord will provide and maintain the premises, including common areas, in a decent, safe, and sanitary condition, and will comply with all state and local laws, ordinances, and regulations concerning the condition of the dwelling units.
21. Landlord and Tenant have jointly inspected the premises and noted the condition of the premises and of all fixtures, appliances, and furnishings. Attached is an itemized statement of that inspection, including all deficiencies noted and corrective action to be taken, if any. Except as noted in the statement, Tenant agrees that the premises, fixtures, appliances, and furnishings are in satisfactory condition.
22. The rented premises include the following fixtures, furnishings, and appliances:__________________________ . The fixtures, furnishings, and appliances are in good condition except for the following defects, which Landlord agrees to repair as indicated: __________________________ .
23. Tenant may not assign the interests under this Rental Lease Agreement or sublet any portion of the premises, without Landlord’s prior written consent, which may not be unreasonably withheld.
24. The premises are rented to Tenant for residential purposes only, and may not be used by Tenant for any other purpose.
25. Tenant shall pay all utilities, service charges, and costs related to occupancy of the premises, except for__________________________ , which Landlord will pay.
26. Tenant agrees to perform the following obligations:
a. To keep the premises as clean and sanitary as their condition permits;
b. To dispose of all rubbish, garbage, and other waste in a clean and sanitary manner;
c. To use and operate properly all electrical, gas, and plumbing fixtures and pipes, and to keep them as clean and sanitary as their condition permits;
d. To refrain from willfully or wantonly destroying, defacing, damaging, impairing, or removing any part of the premises or the facilities, equipment, or appurtenances, or permitting any person on the premises to commit such acts; and
e. To occupy the premises as a primary abode, utilizing designated portions of the premises for living, sleeping, cooking, and dining purposes.
27. Tenant may not disturb, annoy, endanger, or interfere with other tenants of the building or occupants of neighboring buildings. Tenant may not use the premises for any unlawful purpose, violate any law or ordinance, or permit waste or nuisance on the premises.
28. __________________________ Tenant agrees to comply with the building rules and regulations, a copy of which is attached to this Rental Lease Agreement and incorporated by reference. Landlord may amend or modify the rules and regulations by serving a copy of the amendments or modifications on Tenant 30 days before their effective date.
29. Tenant may not make alterations to the premises by __________________________ without first obtaining Landlord’s written consent, which may not be unreasonably withheld.
30. In the event of an emergency, or if Tenant is present and consents to entry at the time of entry, or after Tenant has abandoned or surrendered the premises, Landlord or Landlord’s agent may enter the premises without giving Tenant prior notice.
31. For any breach of a covenant or condition of this Rental Lease Agreement, Landlord may, at Landlord’s option, serve a 3-day notice (1) specifying the nature of the breach, and (2) demanding that Tenant cure the breach if the breach can be cured. The notice may further declare that, if Tenant fails to cure a curable breach within the 3-day period or if the breach is not curable, the tenancy is terminated and Tenant forfeits all rights under this Rental Lease Agreement.
32. In any legal action brought by either party to enforce the terms of this Rental Lease Agreement, the prevailing party is entitled to all costs incurred in connection with such an action, including reasonable attorney fees.
33. Waiver by either party of a breach of any covenant of this Rental Lease Agreement will not constitute a continuing waiver of any subsequent breach. Landlord’s receipt of rent with knowledge of Tenant’s violation of a covenant does not waive Landlord’s right to enforce any covenant of this Rental Lease Agreement. No waiver by either party of a provision of this Rental Lease Agreement will be considered to have been made unless expressed in writing and signed by all parties.
This Rental Lease Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement.
Owner


__________________________
Name:
__________________________
Tenant


__________________________
Name:
__________________________

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