RESIDENTIAL HOUSE LEASE AGREEMENT
This Residential House Lease
Agreement ("Lease") is made and effective this [Date] by and
between [Landlord] ("Landlord") and [Tenant One] and [Tenant
Two] ("Tenant," whether one or more). This Lease creates joint and several liability in the case of
multiple Tenants.
1. PREMISES.
Landlord hereby rents to Tenant and Tenant accepts in its
present condition the house at following address: [Complete Address of
House] (the "House").
2. TERM.
The term of this Lease shall start on [Move-in Date],
and end on [Lease End Date]. In
the event that Landlord is unable to provide the House on the exact start date,
then Landlord shall provide the House as soon as possible, and Tenant's
obligation to pay rent shall abate during such period. Tenant shall not be entitled to any other
remedy for any delay in providing the House.
3. RENT.
Tenant agrees to pay, without demand, to Landlord as rent
for the House the sum of [Monthly Rental Amount] per month in advance on
the first day of each calendar month, at [Address for Rent Payments], or
at such other place as Landlord may designate.
Landlord may impose a late payment charge of [Late Pay Charge]
per day for any amount that is more than five (5) days late. Rent will be prorated if the term does not
start on the first day of the month or for any other partial month of the term.
4. SECURITY
DEPOSIT.
Upon execution of this Lease, Tenant deposits with Landlord
[Security Deposit Amount], as security for the performance by Tenant of
the terms of this Lease to be returned to Tenant, [With or Without Interest],
following the full and faithful performance by Tenant of this Lease. In the event of damage to the House caused
by Tenant or Tenant's family, agents or visitors, Landlord may use funds from
the deposit to repair, but is not limited to this fund and Tenant remains
liable.
5. QUIET
ENJOYMENT.
Landlord agrees that if Tenant timely pays the rent and
performs the other obligations in this Lease, Landlord will not interfere with
Tenant's peaceful use and enjoyment of the House.
6. USE OF
PREMISES.
A. The House shall
be used and occupied by Tenant exclusively as a private single-family
residence. Neither the House nor any
part of the House or yard shall be used at any time during the term of this
Lease 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 residence.
B. Tenant shall
comply with all the health and sanitary laws, ordinances, rules, and orders of
appropriate governmental authorities and homes associations, if any, with
respect to the House.
7. NUMBER OF
OCCUPANTS.
Tenant agrees that the House shall be occupied by no more
than [Total Number of Occupants] persons, including no more than [Maximum
Number of Children] under the age of eighteen (18) years, without the prior
written consent of Landlord.
8. CONDITION
OF PREMISES.
A. Tenant agrees
that Tenant has examined the House, including the grounds and all buildings and
improvements, and that they are, at the time of this Lease, in good order, good
repair, safe, clean, and tenantable condition.
B. Landlord and
Tenant agree that a copy of the "Joint Inspection," the original of
which is maintained by Landlord and a copy provided to Tenant, attached hereto
reflects the condition of the House at the commencement of Tenant's occupancy.
9. ASSIGNMENT
AND SUBLETTING.
A. Tenant shall not
assign this Lease, or sublet or grant any concession or license to use the
House or any part of the House without Landlord's prior written consent.
B. Any assignment,
subletting, concession, or license without the prior written consent of
Landlord, or an assignment or subletting by operation of law, shall be void
and, at Landlord's option, terminate this Lease.
10. ALTERATIONS
AND IMPROVEMENTS.
A. Tenant shall
make no alterations to the House or construct any building or make other
improvements without the prior written consent of Landlord.
B. All alterations,
changes, and improvements built, constructed, or placed on or around the House
by Tenant, with the exception of fixtures properly removable without damage to
the House and movable personal property, shall, unless otherwise provided by
written agreement between Landlord and Tenant, be the property of Landlord and
remain at the expiration or earlier termination of this Lease.
11. DAMAGE TO
PREMISES.
If the House, or any part of the House, shall be partially
damaged by fire or other casualty not due to Tenant's negligence or willful
act, or that of Tenant's family, agent, or visitor, there shall be an abatement
of rent corresponding with the time during which, and the extent to which, the
House is untenantable. If Landlord
shall decide not to rebuild or repair, the term of this Lease shall end and the
rent shall be prorated up to the time of the damage.
12. DANGEROUS
MATERIALS.
Tenant shall not keep or have on or around the House any
article or thing of a dangerous, inflammable, or explosive character that might
unreasonably increase the danger of fire on or around the House or that might
be considered hazardous.
13. UTILITIES.
Tenant shall be responsible for arranging and paying for
all utility services required on the premises, except Landlord will
provide: [Services Provided by
Landlord]. Tenant shall not default
on any obligation to a utility provider for utility services at the House.
14. MAINTENANCE
AND REPAIR.
A. Tenant will, at
Tenant's sole expense, keep and maintain the House and appurtenances in good
and sanitary condition and repair during the term of this Lease. In particular, Tenant shall keep the
fixtures in the House in good order and repair; keep the furnace clean; and
keep the walks free from dirt and debris.
Tenant shall, at Tenant's sole expense, make all required repairs to the
plumbing, range, oven heating apparatus, electric and gas fixtures, other
mechanical devices and systems, floors, ceilings and walls whenever damage to
such items shall have resulted from Tenant's misuse, waste, or neglect, or that
of the Tenant's family, agent, or visitor.
B. Tenant agrees
that no signs shall be placed or painting done on or about the House by Tenant
without the prior written consent of Landlord.
C. Tenant agrees to
promptly notify Landlord in the event of any damage, defect or destruction of
the House, or the failure of any of Landlord's appliances or mechanical
systems, and except for repairs or replacements that are the obligation of
Tenant pursuant to Subsection A above, Landlord shall use its best efforts to
repair or replace such damaged or defective area, appliance or mechanical
system.
15. ANIMALS.
Tenant shall keep no domestic or other animals in or about
the House without the prior written consent of Landlord.
16. RIGHT OF
INSPECTION.
Landlord and Landlord's agents shall have the right at all
reasonable times during the term of this Lease and any renewal of this Lease to
enter the House for the purpose of inspecting the premises and/or making any
repairs to the premises or other item as required under this Lease.
17. DISPLAY
OF SIGNS.
During the last thirty (30) days of this Lease, Landlord or
Landlord's agent may display "For Sale" or "For Rent" or
"Vacancy" or similar signs on or about the House and enter to show
the House to prospective purchasers or tenants.
18. HOLDOVER
BY TENANT.
Should Tenant remain in possession of the House with the
consent of Landlord after the expiration of the Term of this Lease, a new
tenancy from month to month shall be created which shall be subject to all the
terms and conditions of this Lease, but shall be terminable on thirty (30) days
by either party or longer notice if required by law. If Tenant holds over without Landlord's consent, Landlord is
entitled to double rent, pro-rated per each day of the holdover, lasting until
Tenant leaves the House.
19. SURRENDER
OF PREMISES.
At the
expiration of the Lease, Tenant shall quit and surrender the House in as good a
condition as it was at the commencement of this Lease, reasonable wear and tear
and damages by the elements excepted.
20. FORFEITURE
OF SECURITY DEPOSIT - DEFAULT.
It is understood and agreed that Tenant shall not attempt
to apply or deduct any portion of any security deposit from the last or any
month's rent or use or apply any such security deposit at any time in lieu of
payment of rent. If Tenant fails to
comply, such security deposit shall be forfeited and Landlord may recover the
rent due as if any such deposit had not been applied or deducted from the rent
due. For the purposes of this
paragraph, it shall be conclusively presumed that a Tenant leaving the Premises
while owing rent is making an attempted deduction of deposits. Furthermore, any deposit shall be held as a
guarantee that Tenant shall perform the obligations of the Lease and shall be
forfeited by the Tenant should Tenant breach any of the terms and conditions of
this Lease. In the event of default, by
Tenant, of any obligation in this Lease which is not cured by Tenant within
fifteen (15) days notice from Landlord, then in addition to forfeiture of the
Security Deposit, Landlord may pursue any other remedy available at law, equity
or otherwise.
21. ABANDONMENT.
If at any time during the term of this Lease, Tenant
abandons the House or any of Tenant's personal property in or about the House,
Landlord shall have the following rights: Landlord may, at Landlord's option,
enter the House by any means without liability to Tenant for damages and may
relet the House, for the whole or any part of the then unexpired term, and may
receive and collect all rent payable by virtue of such reletting; Also, at
Landlord's option, Landlord may hold Tenant liable for any difference between
the rent that would have been payable under this Lease during the balance of
the unexpired term, if this Lease had continued in force, and the net rent for
such period realized by Landlord by means of such reletting. Landlord may also dispose of any of Tenant's
abandoned personal property as Landlord deems appropriate, without liability to
Tenant. Landlord is entitled to presume
that Tenant has abandoned the House if Tenant removes substantially all of
Tenant's furnishings from the House, if the House is unoccupied for a period of
two (2) consecutive weeks, or if it would otherwise be reasonable for Landlord
to presume under the circumstances that the Tenant has abandoned the House.
22. SECURITY.
Tenant acknowledges that Landlord does not provide a
security alarm system or any security for the House or for Tenant and that any
such alarm system or security service, if provided, is not represented or
warranted to be complete in all respects or to protect Tenant from all
harm. Tenant hereby releases Landlord
from any loss, suit, claim, charge, damage or injury resulting from lack of
security or failure of security.
23. SEVERABILITY.
If any part or parts of this Lease shall be held
unenforceable for any reason, the remainder of this Agreement shall continue in
full force and effect.
24. INSURANCE.
Tenant acknowledges that Landlord will not provide
insurance coverage for Tenant's property, nor shall Landlord be responsible for
any loss of Tenant's property, whether by theft, fire, acts of God, or
otherwise.
25. BINDING
EFFECT.
The covenants and conditions contained in the Lease shall
apply to and bind the heirs, legal representatives, and permitted assigns of
the parties.
26. GOVERNING
LAW.
It is agreed that this Lease shall be governed by,
construed, and enforced in accordance with the laws of the State of [State
of Governing Law].
27. ENTIRE
AGREEMENT.
This Lease shall constitute the entire agreement between
the parties. Any prior understanding or
representation of any kind preceding the date of this Lease is hereby
superseded. This Lease may be modified
only by a writing signed by both Landlord and Tenant.
28. NOTICES.
Any notice required or otherwise given pursuant to this
Lease shall be in writing; hand delivered, mailed certified return receipt
requested, postage prepaid, or delivered by overnight delivery service, if to
Tenant, at the House and if to Landlord, at the address for payment of rent.
IN WITNESS WHEREOF, the parties have caused this Lease to
be executed the day and year first above written.
[Signature]
JOINT INSPECTION
THIS INSPECTION SHOULD BE COMPLETED PROMPTLY FOLLOWING
INITIAL OCCUPANCY OR UPON DELIVERY OF POSSESSION
LANDLORD: [Landlord] TENANT:
[Tenant]
TENANT:
[Tenant]
PREMISES: [Complete Address of House]
DATE OF POSSESSION: [Move-in Date]
CONDITION OF PREMISES:
CL - Clean ND - No Damage ENB - Exception Noted Below C - Checkout
LIVING ROOM CL ND ENB C BATHROOM - 1 CL ND ENB
C
Walls & Baseboard ( ) ( ) ( ) ( ) Walls
& Baseboard Sink ( ) ( ) ( ) ( )
Carpet ( ) ( ) ( ) ( ) Counter ( ) ( ) ( ) ( )
Drapes, Rods, Hooks ( ) ( ) ( ) ( ) Cabinets/Mirror ( ) ( ) ( ) ( )
Door & Lock ( ) ( ) ( ) ( ) Toilet ( ) ( ) ( ) ( )
Coat Closet ( ) ( ) ( ) ( ) Bath
Tub/Shower ( ) ( ) ( ) ( )
Light
Fixture ( ) ( ) ( ) ( )
DINING AREA Floor ( ) ( ) ( ) ( )
Walls & Baseboard ( ) ( ) ( ) ( ) Tissue
Holder/Towel Bars ( ) ( ) ( ) ( )
Carpet ( ) ( ) ( ) ( )
Light Fixture ( ) ( ) ( ) ( ) BATHROOM
- 2
Windows & Screens ( ) ( ) ( ) ( ) Walls
& Baseboard Sink ( ) ( ) ( ) ( )
Counter ( ) ( ) ( ) ( )
KITCHEN Cabinets/Mirror (
) ( ) ( ) ( )
Walls & Baseboards ( ) ( ) ( ) ( ) Toilet ( ) ( ) ( ) ( )
Light Fixture ( ) ( ) ( ) ( ) Bath
Tub/Shower ( ) ( ) ( ) ( )
Stove Light
Fixture ( ) ( ) ( ) ( )
Drip Pans ( ) ( ) ( ) ( ) Floor ( ) ( ) ( ) ( )
Oven ( ) ( ) ( ) ( ) Tissue
Holder/Towel Bars ( ) ( ) ( ) ( )
Broiler Pan ( ) ( ) ( ) ( )
Hood, Fan & Light ( ) ( ) ( ) ( ) BEDROOM
- 1
Refrigerator Walls
& Baseboards ( ) ( ) ( ) ( )
Defrosted ( ) ( ) ( ) ( ) Windows
& Screens ( ) ( ) ( ) ( )
Ice Trays (2) ( ) ( ) ( ) ( ) Drapes,
Rods & Hooks ( ) ( ) ( ) ( )
Hydrator Cover ( ) ( ) ( ) ( ) Light
Fixtures ( ) ( ) ( ) ( )
Dishwasher ( ) ( ) ( ) ( ) Carpet ( ) ( ) ( ) ( )
Cupboards ( ) ( ) ( ) ( ) Closet ( ) ( ) ( ) ( )
Drawers ( ) ( ) ( ) ( )
Counter ( ) ( ) ( ) ( ) BEDROOM
- 2
Sink ( ) ( ) ( ) ( ) Walls
and Baseboards ( ) ( ) ( ) ( )
Disposal & Stopper ( ) ( ) ( ) ( ) Windows
& Screens ( ) ( ) ( ) ( )
Floor ( ) ( ) ( ) ( ) Drapes,
Rods & Hooks ( ) ( ) ( ) ( )
Light
Fixtures ( ) ( ) ( ) ( )
HALL Carpet ( ) ( ) ( ) ( )
Walls & Baseboards ( ) ( ) ( ) ( ) Closet (
) ( ) ( ) ( )
Carpet ( ) ( ) ( ) ( )
Light Fixture ( ) ( ) ( ) ( ) DEN
OR BEDROOM - 3
Linen Closet ( ) ( ) ( ) ( ) Walls
& Baseboards ( ) ( ) ( ) ( )
Furnace Closet ( ) ( ) ( ) ( ) Windows
& Screens ( ) ( ) ( ) ( )
Drapes,
Rods & Hooks ( ) ( ) ( ) ( )
Light
Fixtures ( ) ( ) ( ) ( )
Carpet ( ) ( ) ( ) ( )
Closet ( ) ( ) ( ) ( )
Mailbox Lock ( ) ( ) ( ) ( ) Balcony/Patio (
) ( ) ( ) ( )
Other ( ) ( ) ( ) ( ) Storage
Area ( ) ( ) ( ) ( )
Exceptions:
_________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
JOINT INSPECTION - CONTINUED
FURNITURE INVENTORY (If the furniture is provided by
Landlord)
LIVING ROOM No. DINING AREA No. BEDROOMS No.
Couch ________ Table ________ Beds ________
Chairs ________ Chairs ________ Dressers ________
Lamps ________ Hutch ________ Mirrors ________
Coffee Table ________ Bookcases ________
End Table ________
OTHER KITCHEN No.
_____________________________________ Stove ________
_____________________________________ Oven ________
_____________________________________ Refrigerator ________
_____________________________________ Dishwasher ________
_____________________________________ Table ________
_____________________________________ Chairs ________
The parties acknowledge that the above inspection was made
on ___________________, and that the conditions of the premises and the
inventory of furnishings and appliances is as shown above. The parties further agree that a copy of
this Joint Inspection was provided to Tenant.
[Signature]