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Small
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Standard Legal Documents >>
Lease Agreement Business Form
THIS LEASE AGREEMENT (hereinafter referred
to as the "Agreement") made and entered into this
_(1)_ day of ____(2)_____, 19_(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 _______(9)__________________________________________.
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 ($10.00), the covenants and obligations contained
herein and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties
hereto hereby agree as follows:
1. TERM. Lessor leases to Lessee and Lessee leases from Lessor
the above described Premises together with any and all appurtenances
thereto, for a term of _(10)_ year(s), such term beginning
on _____(11)_________, and ending at 12 o'clock midnight on
__________(12)________.
2. RENT. The total rent for the term hereof is the sum of
_____________(13)_______________ DOLLARS ($____________) 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 sub-let 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 Agreement.
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, Lessee shall:
(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-to-month
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
($___________) per month and except that such tenancy shall
be terminable upon fifteen (15) days written notice served
by either party.
16. SURRENDER OF PREMISES. Upon the expiration of the term
hereof, Lessee shall surrender the Premises in as good a state
and condition as they were at the commencement of this Agreement,
reasonable use and wear and tear thereof and damages by the
elements excepted.
17. ANIMALS. Lessee shall be entitled to keep no more than
_(20)_ (___) domestic dogs, cats or birds; however, at such
time as Lessee shall actually keep any such animal on the
Premises, Lessee shall pay to Lessor a pet deposit of _________(21)__________
DOLLARS ($_______), _______(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
doing so.
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 parties
hereto.
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)_____, 19_(27)_.
Witnesses: "Lessor"
___________(28)_____________ _____________(29)_____________
___________(30)_____________
___________(28)_____________
As to Lessee this _(31)_ day of ______(32)____, 19_(33)_.
Witnesses: "Lessee"
_________(28)____________ _____________(34)___________
_________(28)____________ _____________(35)___________
NOTICE
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.
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