Residential Lease

Residential Lease

This Lease is made on [LEASE DATE] between [LANDLORD NAME], [whose principal place of residence is at/a [CORPORATE JURISDICTION] corporation with its principal place of business at [LANDLORD ADDRESS] (the "Landlord") and [TENANT NAME], whose principal place of residence is at [TENANT ADDRESS] ("you").

We agree as follows:

1. Grant of Lease. The Landlord hereby leases to you, and you hereby lease from the Landlord, the premises described below (the "Premises") upon the terms of this lease.

2. Key Terms:

2.1. Address: [RENTAL ADDRESS]

2.2. Term: [TERM] [months/years]

2.3. Lease Start Date: [LEASE START DATE]

2.4. Lease End Date: [LEASE END DATE]

2.5. Security Deposit: $[SECURITY DEPOSIT]

2.6. First and last months' rent required? Yes / No

2.7. "Stub Period" Amount: $[STUB PERIOD AMOUNT]

3. Use of Premises

3.1.   Restricted Use

(a) Single Family Dwelling. You will occupy the Premises exclusively for yourself and your immediate family, as a private single family dwelling. You may not use any part of the Premises to for any other purpose.

(b) Guests. You will not allow anyone else, other than friends and family who are your temporary guests, to use or occupy the Premises without the Landlord's prior written consent.

3.2. No Hazardous Materials. You will not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion or that a responsible insurance company might consider to be hazardous.

3.3. Pets. You may keep no more than [NUMBER OF PETS] domestic dogs, cats, or birds; you may not keep any other birds or animals on the Premises. If you intend to keep any permitted pet on the Premises, you will pay the Landlord a non-refundable pet deposit of $[PET DEPOSIT AMOUNT]. The Landlord will use this amount upon the termination or expiration of this lease to clean the Premises.

3.4. [Rules and Regulations. The current Rules and Regulations of the building are attached to this lease. The Landlord may amend the Rules and Regulations by posting the updated version in the building lobby.]

4. Keys. Upon signature of this lease, you will be given [two] keys to the apartment, one exterior key, and [two] mailbox keys. If you do not return them all at the end of the lease, you will pay the Landlord a replacement fee of $[KEY REPLACEMENT CHARGE].

5. Quiet Enjoyment. Upon payment of all amounts required and performing all your other obligations under this lease, you will peacefully and quietly have, hold, and enjoy the Premises for the term of this lease.

6. [Non-Delivery of Possession

6.1. No Possession on Lease Start Date. If the Landlord, through no fault of its own or of its agents, cannot deliver possession of the Premises on the Lease Start Date, the Landlord will have no liability to you, but your obligation to pay rent will be suspended until you obtain possession of the Premises.

6.2. Grace Period. The Landlord will have [30] days from the Lease Start Date in which to deliver possession. If the Landlord does so, you will accept the Premises and make the rental payments required under this lease from the date that you are delivered possession. If, however, possession cannot be delivered within that time through no fault of the Landlord or its agents, then this lease will immediately terminate without any liability of the Landlord.]

7. Maintenance and Repair

7.1. Tenant's Maintenance Obligations. You will, at your expense,

(a) keep the Premises in good condition and repair and in proper working condition, except for normal wear and tear, and

(b) carry out all routine maintenance that may be necessary.


Tenant's Maintenance Obligations. You will, at your expense, keep the Premises in good condition and repair and in proper working condition, except for normal wear and tear, and carry out all routine maintenance that may be necessary. This means, among other things:

(c) keeping all windows, glass, window coverings, doors, locks, and hardware clean and in good order and repair,

(d) keeping all air conditioning filters clean,

(e) keeping all sinks, toilets, and other water and plumbing apparatuses in good order and repair and using them only for their intended purposes,

(f) keeping the volume on all televisions and other electronic devices to a level of sound that does not annoy or interfere with other residents,

(g) depositing all garbage in the appropriate locations,

(h) abiding by the Landlord's rules and regulations for the building,

(i) not obstructing the driveways, entry ways, stairs, or halls,

(j) not obstructing or covering the windows or doors,

(k) not leaving windows or doors open during any inclement weather,

(l) not allowing any garbage to be deposited in the common areas or on the exterior of the building,

(m) not hanging any clothing or sheets from any window or balcony, and

(n) not placing any locks or hooks on any door or window.

7.2. Reimbursement of Expenses for Repairs. You will reimburse the Landlord for any expenses it incurs in dealing with any breach of your obligations under section 7.1 (Tenant's Maintenance Obligations).

7.3. Landlord's Maintenance Obligations. The Landlord will, at its expense, perform all repairs and replacements necessary to maintain the building in good repair and proper working order.

7.4. Notice of Maintenance Needs. You will give the Landlord prompt notice of any defective condition that the Landlord needs to repair.

8. Alterations

8.1. Need for Landlord's Consent. You may not, without the Landlord's prior written consent, make any alterations or improvements to the Premises or the building.

8.2. Title to Alterations. Any alterations or improvements that, with the Landlord's consent, you do make remain at the end of the lease and become the Landlord's property.

9. Surrender of Premises. When this lease expires, you will surrender the Premises in as good a state and condition as they were at the Lease Start Date, except for reasonable use and wear and tear and damage caused by the elements.

10. Security Deposit

10.1. Deposit for Damages. Upon signing this lease, you will pay the Landlord $[SECURITY DEPOSIT AMOUNT] as a Security Deposit for any damage caused to the Premises, for any reason, during the term of the lease.

10.2. Use of Security Deposit. If you default upon any obligation under this lease, the Landlord may apply as much of the Security Deposit as is necessary to cure your default and pay any expenses incurred as a result. You will remain liable for any shortfall.

10.3. Return of Security Deposit at End of Lease. At the end of the lease, the Landlord will return the Security Deposit to you, without interest, less any set-off for damages to the Premises.

11. Payment Obligations

11.1. Total Rent. You will pay the Landlord total rent for the term of this lease of $[TOTAL RENT], payable on the [DATE] of each month, in equal installments of $[MONTHLY RENT].

11.2. First[ and Last] Month's Rent. Upon your signature of this lease, you will pay to the Landlord the first[ and last] month's rent.

11.3. ["Stub Period" Payment. If the Lease Start Date is on a date that is different from the date of your monthly rental installments, you will also pay to the Landlord, upon signing this lease, $[STUB PERIOD AMOUNT] for that "stub period."]

11.4. Payment Address. You must make all payments to the Landlord at its address noted at the top of the first page.

11.5. Payment Net of Taxes. All payments owed under this lease are exclusive of taxes. You will pay, and the Landlord will collect and remit, any taxes that are payable.

11.6. Late Payments. Any amount not paid when due will bear interest from the due date until paid at a rate equal to [1]% per month ([12.68]% annually) or the maximum allowed by law, whichever is less.

12. Term

12.1. Initial Term. The initial term of this lease will begin on [LEASE START DATE] and end on [LEASE END DATE], unless terminated earlier.

12.2. Renewal Terms. Following the initial term, this lease will automatically renew for successive [RENEWAL TERM PERIODS] terms, unless terminated earlier. If either party elects not to renew this lease, that party will provide notice of that intention to the other party at least [NON-RENEWAL NOTICE PERIOD] days before the renewal date.

12.3. Hold-Over. If you remain in possession of the Premises with the Landlord's consent after the lease expires, a new month-to-month tenancy will be created, which will be subject to all of the terms of this lease except that

(a) the rent will then be increased by $[INCREASED RENT AMOUNT] per month, and

(b) the new tenancy will be terminable upon [15] days' notice served by either party.

13. Condition of Premises. You have examined the Premises; you acknowledge that they are in good order and repair, and in a safe, clean, and tenantable condition.

14. [Disclosures. The Landlord should make any disclosures that may be required under Federal or state law, such as known lead-based paint hazards in the Premises, flood hazards, etc.]

15. Liability for Loss. The Landlord is not responsible for the loss of any of your property, for any reason. The Landlord does not provide insurance coverage for your property.

16. Subordination of Lease. This lease and your interest under it are subordinate to

16.1. any mortgages, charges, or other liens that the Landlord has placed or will place on the Premises,

16.2. any advances (including future advances) made under any such liens, and

16.3. any amount payable under such liens.

17. [Rules and Regulations. The Landlord's Rules and Regulations for the building are attached as Schedule A. The Landlord may make subsequent changes to the Rules and Regulations, which will become effective two weeks after they are posted in the lobby.]

18. Compliance with Laws. You will comply with all applicable laws affecting the cleanliness, use, occupancy, and preservation of the Premises.

19. Utilities. You are responsible for arranging for and paying for all utility services used on the Premises.

20. Landlord's Rights

20.1. Inspection of Premises. The Landlord may enter upon the Premises for the purpose of

(a) inspecting the Premises, at reasonable times,

(b) making any repairs or alterations that the Landlord deems appropriate and removing any alterations that do not conform to this lease or to the building's rules and regulations, at reasonable times,

(c) showing the Premises to prospective purchasers, lenders, or tenants, upon [48] hours' oral notice, and

(d) in case of an emergency, at any time.

20.2. [Cooperation. You will cooperate with the Landlord in its entry upon the Premises in accordance with this section 20 (Landlord's Rights).]

21. Assignment and Subletting

21.1. No Assignment without Consent. You may not assign this lease, or sub-let or grant any license to use any or all of the Premises, without the Landlord's prior written consent, which consent it may withhold or deny as it deems fit. Any assignment, sub-letting, or license without the Landlord's consent and any assignment or sub-letting by operation of law will be void; the Landlord may in such a case immediately terminate this lease.

21.2. Effect of Actions without Consent. Any consent by the Landlord to an assignment, sub-letting, or license will not be deemed to constitute its consent to any subsequent assignment, sub-letting, or license.

21.3. Landlord's Assignment. The Landlord may assign this lease or any of its rights or obligations under this lease, effective upon notice to you.

22. Damage or Destruction

22.1. Termination due to Destruction. If the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by your negligence, this lease will terminate from that time. The rent owed under this lease will then be accounted for up to the termination date, with you owing rent up to that date and the Landlord refunding rent collected for any time beyond that date.

22.2. Minor Damage. In the event of minor damage to any part of the Premises that does not render the Premises unfit for occupancy or use, the Landlord will promptly repair the damage at its cost. The rent will be reduced in the proportion that the damaged part bears to the whole Premises. Rent and other amounts paid in advance for any period during which the rent is reduced will be credited towards the next rental payments, if any, but if there are no further rental payments owing, will be refunded to you. The Landlord will make repairs as speedily as practicable, but will not be liable for any delays resulting from strikes, governmental restrictions, or any other matters beyond its reasonable control. When the repairs are finished, the full rent will once again become owing and this lease will continue according to its terms.

23. Liability for Damage or Injury

23.1. Landlord's Liability. The Landlord will not be liable for any damage or injury to you or to your family members or guests.

23.2. Indemnification. You will indemnify the Landlord against all claims, liability, and expenses (including legal fees) arising from any claim or proceeding brought against the Landlord by any family member or guest for any damage or injury to any of them while on the Premises.

24. Abandonment

24.1. Effect of Abandonment. If at any time you abandon the Premises or any part of it, the Landlord may,

(a) obtain possession of the Premises in the manner provided by law, without becoming liable to you for damages or for any other payment. The Landlord may, as your agent, re-let all or any part of the Premises, for all or part of the then-unexpired term, and may collect all resulting rent, and,

(b) hold you liable for any difference between the rent that would have been payable during the balance of the unexpired term of this lease if it had continued in force, and the net rent that the Landlord realizes from re-letting the Premises.

24.2. Your Personal Possessions. If the Landlord re-enters the Premises following your abandonment, then any of your personal possessions left on the Premises will be considered to have been abandoned, in which case the Landlord may dispose of it in any manner the Landlord deems proper and the Landlord is relieved of all liability for doing so.

24.3. Definition of Abandonment. For the purposes of this section 24 (Abandonment), "abandonment" means your leaving the Premises unoccupied for [15] days either without paying rent in advance for that period or while owing any rent from previous months.

25. Default

25.1. Failure to Pay Rent. If you fail to pay rent when due and your default continues for [seven] days, the Landlord may

(a) declare the entire balance of rent payable under this lease to be immediately due and payable, and exercise any rights legally available to it, or

(b) immediately terminate this lease.

25.2. Any Other Material Breach. If you fail to comply with any material term of this lease other than the obligation to pay rent, or fail to comply with any material duties imposed on you by statute, within [seven] days after delivery of notice from the Landlord specifying your non-compliance and indicating its intention to terminate this lease as a result, the Landlord may terminate this lease.

25.3. Mitigation. Both parties agree to mitigate their damages upon default.

26. Termination. You may not terminate this lease before the Lease End Date. After the Lease End Date, you may terminate this lease by giving the Landlord at least [NOTICE PERIOD TO VACATE] days' notice stating your intention to terminate the lease and vacate the Premises.

27. General Provisions

27.1. Entire Agreement. This lease contains all the terms agreed to by the parties relating to its subject matter. It replaces all previous discussions, understandings, and agreements.

27.2. Amendment. This lease may only be amended by a written document signed by both parties.

27.3. Acknowledgement of Contract Terms. You acknowledge that you have

(a) read this lease,

(b) understands its terms,

(c) have had the opportunity to consult[ and has consulted] with independent legal counsel, and

(d) have signed this lease voluntarily.

27.4. Notices

(a) Form of Notice. All notices and other communications between the parties must be in writing.

(b) Method of Notice. Notices must be given by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, or (iii) first-class registered or certified mail, postage prepaid, to the party's address specified in this lease, or to the address that a party has notified to be that party's address for the purposes of this section.

(c) Receipt of Notice. A notice given in accordance with this lease will be effective upon receipt by the party to which it is given or, if mailed, upon the earlier of receipt and the fifth Business Day following mailing.

27.5. Remedies Cumulative. The rights and remedies available to a party under this lease are cumulative and in addition to, not exclusive of or in substitution for, any rights or remedies otherwise available to that party.

27.6. Survival. Sections 4 (Keys), 7.2 (Reimbursement of Expenses for Repairs), 8.2 (Title to Alterations), 10.3 (Return of Security Deposit at End of Lease), 11 (Payment Obligations), 12.3 (Hold-Over), 23 (Liability for Damage or Injury), 24 (Abandonment), and 25 (Default) survive the termination or expiration of this lease.

27.7. Severability. If any part of this lease is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

27.8. Waiver. A party's failure or neglect to enforce any of rights under this lease will not be deemed to be a waiver of that party's rights.

27.9. Governing Law. This lease will be governed by and construed in accordance with the laws of the State of [GOVERNING LAW STATE], without regard to its conflict of laws rules.

27.10. Dispute Resolution

(a) Arbitration. Any dispute or controversy arising under or in connection with this lease will be settled exclusively by arbitration in [STATE], in accordance with the rules of the American Arbitration Association then in effect by [NUMBER OF ARBITRATORS] arbitrator(s).

(b) No Punitive Damages. The arbitrator(s) will not have the power to award punitive damages.

(c) Judgment. The successful party may enter the arbitral judgment in any court having jurisdiction.

27.11. Waiver of Jury Trial. Each party irrevocably waives its rights to trial by jury in any action or proceeding arising out of or relating to this lease or the transactions relating to its subject matter.

27.12. Attorney Fees. If either party brings legal action to enforce its rights under this lease, the prevailing party will be entitled to recover its expenses (including reasonable attorneys' fees) incurred in connection with the action and any appeal.

This lease has been signed by the parties.