Rental Lease Agreement

 

THIS RENTAL AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of {{current_date}}, by and between {{sender_full_name}} (hereinafter referred to as "Lessor") and {{recipient_full_name}} (hereinafter referred to as "Tenant").

W I T N E S S E T H:

WHEREAS, Lessor is the landlord of certain real property located at  address: {{property_address}} (hereinafter referred to as "Premises").

WHEREAS, Lessor is desirous of leasing the Premises to Tenant upon the terms and conditions as contained herein; and

WHEREAS, Tenant is desirous of leasing the Premises from Lessor on the terms and conditions as contained herein;

NOW, THEREFORE, 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:

TERM. The lease term begins on {{lease_start_date}}, (hereinafter referred to as "Commencement Date") and shall terminate at 12 o'clock midnight on {{lease_end_date}}.  Tenant shall vacate the premises upon termination of the Agreement, unless (i) Lessor and Tenant have extended this agreement or signed a new agreement; (ii) Lessor accepts rent from Tenant (other than past due rent), in which case a month-to-month tenancy shall be created which either party may terminate by a thirty (30) day written notice.  In the event a month-to-month tenancy results, rent shall be at a rate agreed to by Lessor and Tenant, or as allowed by law; all other terms and conditions of this Agreement shall remain in full force and effect.

RENT. Rent shall mean all monetary obligations owed from Tenant to Lessor under the terms of this Agreement, except for security deposit, if any.

(1) Amount. The total rent for the term hereof is the sum of {{monthly_rent_amount}} per month for the term of the Agreement. 

(2) Due Date. Rent is payable on day {{day_of_month_rent_due}} of each month of the term and can be late {{day_of_month_rent_late}} days after aforementioned date.

(3) Commencement Date.  Rent for the period beginning on the Commencement Date is due no later than seven (7) days prior to the commencement date.  All other payments are to be paid as set forth in the Rent Section, paragraphs (1) and (2) above.

(4) Early Termination.  In the event of early termination, Tenant is required to pay {{early_termination_amount_due}}, or the remaining balance of the lease agreement, whichever is less, as an early termination fee.

(5) Payment Information.  All such payments shall be made to Lessor at Lessor's address listed here: {{address_to_send_payment_to}} or any other location subsequently specified by Lessor in writing to Tenant, on or before the due date and without demand.  If any payment is returned for non-sufficient funds, stop payment, or account closure by Tenant's bank, the Lessor may charge appropriate fees, as detailed in the Late Charge Section below.

DAMAGE TO PREMISES.  If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, flood, storm, accident, civil commotion, or other unavoidable cause so as to render the Premises totally or partially uninhabitable, either Lessor or Tenant may terminate this Agreement by giving the other written notice.  Rent shall be prorated on the date the premises became totally or partially uninhabitable. The prorated amount shall be the current monthly Rent prorated on a thirty (30) day period. If the Agreement is not terminated, Lessor shall promptly repair the damage, and Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of the Premises.  If damage occurs as a result of an act of Tenant or Tenant's guests, only Lessor shall have the right of termination, and no reduction in Rent shall be made.

INSURANCE: Tenant's or guests' personal property and vehicles are not insured by Lessor against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause.  Tenant is advised to carry Tenant's own insurance (Renter's Insurance) to protect Tenant from any such loss or damage. Tenant shall comply with any requirement imposed on Tenant by Lessor's insurer to avoid: (i) an increase in Lessor's insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

LATE CHARGE. Tenant acknowledges that late payment of Rent may cause Lessor to incur costs and expenses, the exact amount of which is extremely difficult and impractical to determine.  These costs may include but are not limited to: processing, enforcement, accounting expenses and late charges imposed on the Lessor. Partial payments are not accepted. In the event that any payment required to be paid by Tenant hereunder is not made within {{day_of_month_rent_late}} days, Tenant shall pay to Lessor, in addition to such payment or other charges due hereunder, a "late fee" in the amount of {{late_fee_amount}}.  Late fees are deemed additional Rent.

USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's immediate family exclusively, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private dwelling.  Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Lessor's written consent to such use. Tenant 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.

CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and leasable condition.  Tenant has examined and determined that all appliances and fixtures, if any, including smoke detector(s), are clean and in operable condition, within one month of move-in.

ASSIGNMENT AND SUB-LETTING. Tenant 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.  Unless such consent is obtained, any assignment, transfer or subletting of Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law or otherwise, shall, at the option of Lessor, terminate this Agreement.  Any proposed assignee, transferee or sub-Tenant shall submit to Lessor an application and credit information for Lessor's approval and, if approved, sign a separate written agreement with Lessor and Tenant. Lessor's consent one such assignment, sub-letting or license shall not be construed as consent to any subsequent assignment, transfer or sublease and does not release Tenant or Tenant's obligations under this Agreement.  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.

ALTERATIONS AND IMPROVEMENTS. Tenant 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 Tenant shall, unless otherwise provided by written agreement between Lessor and Tenant, be and become the property of Lessor and remain on the Premises at the expiration or earlier termination of this Agreement.  Lessor may charge Tenant for restoration of the Premises to the condition it was in prior to any alterations/improvements. Tenant shall not make any repairs, alternations, or improvements in or about the Premises including: painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials. Lessor shall not be responsible for costs of alterations or repairs made by Tenant. Tenant shall not deduct from Rent the costs of any repairs, alterations or improvements and any deduction made by Tenant shall be considered unpaid Rent.

HAZARDOUS MATERIALS.  Tenant 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.

LEAD-BASED PAINT DISCLOSURE.  This property built before 1978. Housing built before 1978 may contain lead-based paint. Lead paint, paint chips and dust can cause health hazards if not managed properly.  Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must disclose the presence of lead-based paint hazards in the dwelling.  Renters must also receive a federally-approved pamphlet on lead poisoning prevention.

UTILITIES.  {{recipient_full_name}} shall be responsible for arranging and paying for all utility services required on the Premises.

STORAGE.  Storage is permitted as follows: Tenant shall store only personal property Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest.  Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances.

VEHICLES/PARKING.  Parking is permitted as follows: Parking is to be used only for properly licensed and operable motor vehicle.  NO trailers, boats, campers, recreational vehicles, busses, trucks or unregistered vehicles are to be brought on the premises.  NO parking or driving on the property lawn or neighbor's lawns or driveway is permitted.  Any cars found parked on the lawn will be towed at Tenant's expense. Parking space is to be kept clean and cars must be parked in an orderly fashion.  Mechanical work or storage of inoperable vehicles in not permitted in garage or parking space or elsewhere on the Premises. The Lessor, at the Tenants expense, may remove disabled vehicles and unregistered vehicles at any time.  NO vehicle maintenance may be performed on the property (i.e. oil changes, brake changes, etc.). Town parking restrictions must be followed.

NEIGHBORHOOD CONDITIONS.  Tenant is advised to satisfy Tenant's self as to neighborhood or area conditions, including: schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other governmental services, availability, adequacy and cost of any speed-wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Tenant.

TEMPORARY RELOCATION.  Subject to local law, Tenant agrees, upon demand of Lessor, to temporarily vacate Premises for a reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to Premises.  Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables. 

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 necessary or agreed repairs, decorations, 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.

(1)       Notice.  Lessor and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice except as follows: 48-hour written notice to conduct an inspection of the Premises prior to the Tenant moving out, unless the Tenant waives the right to such notice.  Notice may be given orally to show the Premises to actual or prospective purchasers provided Tenant has been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral notice may be given to show the Premises. No notice is required: (i) to enter in case of an emergency; (ii) if the Tenant is present and consents at the time of entry; or (iii) if the Tenant has abandoned or surrendered the Premises.  No written notice is required if Lessor and Tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of the oral agreement.

EARLY TERMINATION OF LEASE.

The lease terminates early if:

(1)       During the initial term of the lease or any extension thereof, the Lessor may terminate the tenancy on the following grounds:

(a) Serious or repeated violations of the terms and conditions of the lease;

(b) Violation of Federal, State, or local law that imposes obligations on the Tenant in connection with the occupancy or use of the contract unit and the premises;

(c) Criminal activity (as provided in Criminal Activity Section described below);

(d) Non-payment of rent or repeated failure to pay rent in a timely manner;

(e) Any misrepresentation or false statement of information on Tenant's application regardless of whether intentional or negligent;

(f) Interfering with the management of the property;

(g) Causing an undue financial burden on the property; or

(h) Other good cause (as provided in Other Good Cause for Terminating Tenancy Section as described below).

(2)       The Tenant terminates the lease with a minimum of 30 calendar days written notice after the initial term; or

(3)       The Lessor and the Tenant mutually agree to terminate the lease, and subject to any agreed upon terms of a subsequent "Release Agreement".

In addition to any obligations established by Rent Section (4) as described above, in the event of termination by Tenant prior to completion of the original term of this Agreement, Tenant shall also be responsible for lost Rent, rental commissions, advertising expenses, cleaning and painting costs necessary to ready Premises for re-rental.

CRIMINAL ACTIVITY. Any of the following types of criminal activity by the Tenant, any member of the household, a guest or another person under the Tenant's control shall be cause for termination of tenancy.

(1)       Any activity including criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises by other residents (including conduct/actions against the Lessor and/or property management staff and/or any agents of Lessor);

(2)       Any activity including criminal activity that threatens the health, safety or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises;

(3)       Any violent criminal activity on or off the premises;

(4)       Any drug-related criminal activity on or off the premises;

(5)       Any other activity which impairs the physical or social environment of the premises;

(6)       Illegal use or possession of a controlled substance;

(7)       Abuse of alcohol that threatens the health, safety or right to peaceful enjoyment of the premises by other residents;

(8)       Interference with management of property.

(9)       Criminal activity directly relating to domestic violence, dating violence, sexual assault or stalking engaged in by a member of a Tenant's household or any guest or other person under the Tenant's control shall not be cause for eviction for the Tenant or immediate family member of the Tenant's household who is a victim of domestic violence, dating violence, sexual assault or stalking and as a result Tenant victim could not control or prevent the criminal activity. This exception for victims of domestic violence does not apply to the eviction of a family member who is the perpetrator of the domestic violence or if there is an actual or imminent threat to other residents, the larger community, Lessor/Lessor's agents or persons providing service to the property if the Tenant is not evicted. 

The Lessor may terminate the tenancy for criminal activity in accordance with this section if the Lessor determines that the household member/guest has committed the criminal activity, regardless of whether the household member/guest has been arrested or convicted for such activity.  In addition, the Lessor may terminate the tenancy if any member of the household is:

(1)       Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees; or

(2)       Violating a condition of probation or parole under Federal or State law.

OTHER GOOD CAUSE FOR TERMINATION OF TENANCY.  During the first year of the initial lease term or anytime during the tenancy, other good cause for termination of tenancy must be something the family did or failed to do.  Other good cause includes, but is not limited to:

(1)       Disturbance of neighbors;

(2)       Destruction of property;

(3)       Failure to maintain utilities or wasting utilities provided by the Lessor;

(4)       Allowing persons not named on the lease to reside in the unit without Lessor's prior written consent;

(5)       Living or housekeeping habits that cause damage or present safety concerns to the Tenant, other residents or to the unit or premises or that may otherwise result in minimum housing violations; or

(6)       An incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking will not be construed as serious or repeated violations of the lease by the victim or threatened victim of that violence and will not be good cause for terminating a lease held by the victim of such violence.

EVICTION BY COURT ACTION.  The Lessor may only evict the Tenant from the contract unit by instituting a court action.

LESSOR TERMINATION NOTICE.  The Lessor must give the Tenant a notice that specifies the grounds for termination of tenancy. The notice of grounds must be given at or before commencement of the eviction action.  The notice of grounds may be included in, or may be combined with, any Lessor eviction notice to the Tenant. Lessor eviction notice means a notice to vacate, or a complaint used under State or local law to commence an eviction action.

TENANT'S OBLIGATIONS UPON VACATING PREMISES.  Upon the termination of the Agreement, Tenant 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 accepted.

(1)       Upon the termination of the Agreement, Tenant shall: (i) give Lessor all copies of all keys or opening devices to Premises, including any common areas; (ii) vacate and surrender the Premises to Lessor, empty of all persons; (iii) vacate any/all parking and/or storage space; (iv) clean and deliver Premises as specified in Tenant's Obligations Upon Vacating Premises Section (2) below, to Lessor in the same condition as referenced in Maintenance and Repair; Rules Section above; (v) remove all debris; (vi) give written notice to Lessor of Tenant's forwarding address.

(2)       Right to Pre-Move-Out Inspection and Repairs as follows: (i) After giving or receiving notice of termination of a tenancy, or before the end of a lease, Tenant has the right to request an inspection on Premises take place prior to termination of the lease or rental.  If Tenant requests such an inspection, Tenant shall be given an opportunity to remedy identified deficiencies prior to termination, consistent with the terms of this Agreement. (ii) Any repairs or alternations made to the premises as a result of this inspection (collectively "Repairs") shall be made at Tenant's expense.  Repairs may be performed by Tenant or through others, who have adequate insurance and licenses and are approved by Tenant. The work shall comply with applicable law, including governmental permit inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials.  It is understood that exact restoration of appearance or cosmetic items following all repairs may not be possible. (iii) Tenant shall: (a) obtain receipts for Repairs performed by others; (b) prepare a written statement indicating the Repairs performed by Tenant and the date of such Repairs; and (c) provide copies of receipts and statements to Lessor prior to termination.  

PETS.  Pets are not allowed at the Premises without the express written consent of Lessor. No animal that is undomesticated or that is considered illegal according to federal, state or local law will be tolerated at the Premises. Tenant will be responsible for any possible damage caused by an authorized or unauthorized pet, including but not limited to: damage to house (and yard) caused by urination/defecation, pests brought into the property on or by the animal, damage to the house, yard or third parties caused by actions of the pet (scratching, clawing, biting, etc.), or any claims brought by a third party due to the animal.

QUIET ENJOYMENT.  Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.

INDEMNIFICATION.  Lessor shall not be liable for any damage or injury of or to the Tenant, Tenant'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 Tenant hereby agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of every kind and nature.

DEFAULT.  If Tenant 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 Tenant 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.

(1) Acceleration.  If Tenant 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.​

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, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee.

WAIVER.  The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.

RECORDING OF AGREEMENT.  Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant 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.

TENANT REPRESENTATIONS; CREDIT.  Tenant warrants that all statements in Tenant's rental application are accurate.  Tenant authorizes Lessor and Broker(s) to obtain Tenant's credit report periodically during the tenancy in connection with the modification or enforcement of this Agreement.  Lessor may cancel this Agreement: (i) before occupancy begins; (ii) upon disapproval of the credit report(s); or (iii) at any time upon discovering that information in Tenant's application is false.  A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of payment and other obligations under this Agreement.

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.

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.

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 Tenant.

CONSTRUCTION.  The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

NON-WAIVER.  No indulgence, waiver, election or non-election by Lessor under this Agreement shall affect Tenant's duties and liabilities hereunder.

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.