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THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and
entered into this __________(1)________ day of ____(2)_____, _________(3)_________, by
and between ______________(4)________________________, whose address is
____________(5)__________________ (hereinafter referred to as "Lessor") and
________________(6)_________________ (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
_____(7)_______ County, _____(8)_____, 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 ($10.00), the
covenants and obligations contained herein and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as
1. TERM. Lessor leases to Lessee and Lessee leases from Lessor the above described
Premises together with any and all appurtenances thereto, for a term of _________(10)________
year(s), such term beginning on _____(11)_________, and ending at 12 o'clock midnight on
2. RENT. The total rent for the term hereof is the sum of _____________(13)
_______________ DOLLARS ($___________________________) payable on the ________
(14)______ day of each month of the term, in equal installments of _______________(15)
___________ DOLLARS ($_____________) first and last installments to be paid upon the due
execution of this
Agreement, the second installment to be paid on _________(16)__________. All such payments
shall be made to Lessor at Lessor's address as set forth in the preamble to this Agreement on or
before the due date and without demand.
3. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Lessee shall deposit
with Lessor the sum of ________________(17)_____________ DOLLARS ($_______________)
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 ________(18)__________
__________________________ ____________, 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 sublet
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
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,
(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-tomonth
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 ______(19)________
DOLLARS ($___________) per month and except that such tenancy shall be terminable upon
fifteen (15) days written notice served by either party.
16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Lessee shall
surrender the Premises in as good a state and condition as they were at the commencement of
this Agreement, reasonable use and wear and tear thereof and damages by the elements
17. ANIMALS. Lessee shall be entitled to keep no more than ___________(20)________
(____________) domestic dogs, cats or birds; however, at such time as Lessee shall actually
keep any such animal on the Premises, Lessee shall pay to Lessor a pet deposit of _________
(21)_________________ DOLLARS ($_______), _______(22)________ 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 _________(23)
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
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 _______(24)___________.
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
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 _________(25)___________ day of _____________(26)_____, _______(27)_.
As to Lessee this __________(31)____________day of ______(32)____, _______(33)_.
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.