LEASE
THIS IS A RESIDENTIAL LEASE. EACH TENANT SHOULD READ THIS LEASE CAREFULLY. EACH TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE.
1. NAMES OF LANDLORD AND TENANT
Name of the Landlord : ______________________________
Name(s) of the Tenant(s) ______________________________
2. LEASED PROPERTY
The leased property is the place that landlord agrees to lease to tenant. The
leased property is:______________________________
This lease starts on ______________________________ at _______________.
This lease ends on ______________________________ at _______________.
The amount of rent is: $_______________.00
for the lease term, payable monthly in twelve equal installments of $__________ each. commencing on November 15, 20xx.
Tenant agrees to pay the monthly rent in advance on or before the _________ day of each month.
Landlord does not have to ask (
MAKE DEMAND UPON) tenant to pay the rent.
Tenant agrees to pay rent by first class mail postage prepaid or in person to
landlord at the place specified by
landlord.
Tenant agrees to pay a security deposit of $____________.
Tenant agrees to pay the security deposit to
landlord before the lease starts and before
landlord gives possession of the leased property to
tenant.
Landlord can take money from the security deposit to pay for any damages caused by
tenant,
tenant's family and
tenant's guests.
Landlord may take the security deposit to pay for any unpaid rent.
After taking out for damages and unpaid rent,
landlord agrees to send to
tenant any security deposit money left over.
Landlord will send the remaining security deposit money to
tenant no later than 30 days after the lease ends and
tenant leaves.
Landlord also agrees to send to
tenant a written list of damages and amounts of money taken from the security deposit.
Tenant agrees to give
landlord a written forwarding address when
tenant leaves and
the lease ends.
Tenant may not use the security deposit as payment of the last month's rent.
_____This is a
JOINT AND SEVERAL LEASE
_____This is not a joint and several lease and is an
INDIVIDUAL LEASE
_____This is a
JOINT AND SEVERAL LEASE WITH INDIVIDUAL RENT RESPONSIBILITY
If this is a JOINT AND SEVERAL LEASE, it means that all the tenants as a group and each tenant as an individual are responsible to landlord for all of the agreements of this lease. For example, if the rent is not paid, landlord can sue all of the tenants (jointly) for any unpaid rent. Or, landlord can bring a suit against any one tenant separately (severally) for all of the unpaid rent.
If this is an INDIVIDUAL LEASE, it means the landlord can only sue one tenant for that tenant’s violation of the lease.
If this is a JOINT AND SEVERAL LEASE WITH INDIVIDUAL RENT REPONSIBILITY, it means that
- each tenant is responsible for his or her own rent obligation;
AND
- each tenant is not responsible for the rent obligations of other tenants within the leased property;
AND
- all of the tenants as a group and each tenant as an individual are responsible to landlord for all other agreements of this lease.
7. LANDLORD'S DUTY AT THE START OF THE LEASE
Landlord agrees to give
tenant possession of the leased property on the starting date of the lease. The lease will start even if
landlord cannot give
tenant possession of the leased property because the prior
Tenant is still in the leased property or the leased property is damaged.
IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY LANDLORD GIVES POSSESSION OF THE LEASED PROPERTY TO TENANT.
8. DAMAGE TO LEASED PROPERTY
Tenant agrees to notify
landlord immediately if the leased property is damaged by fire or any other cause.
Tenant agrees to notify landlord if there is any condition in the leased property that could damage the leased property orharm tenant or others. If
tenant cannot live in the whole leased property because it is
damaged or destroyed,
tenant may:
1) live in the undamaged part of the leased property and pay less rent until the leased property is repaired.
OR
2) end the lease and leave the leased property.
Tenant agrees that if the leased property is damaged or destroyed and
tenant ends the lease,
landlord has no further responsibility to
tenant.
9. INSURANCE
Landlord agrees to have insurance on the building where the leased property is located.
Tenant's own property is not insured by landlord's insurance.
Tenant is responsible for
tenant's own property that is located in the leased property.
10. TRANSFERS BY TENANT
Tenant agrees not to transfer this lease to anyone else without the written permission of landlord.
Tenant agrees not to lease all or any part of the leased property to anyone else without the written consent of
landlord.
Tenant agrees that if
tenant transfers this lease or leases all or a part of the leased property to another,
tenant has broken this lease.
11. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE
Landlord is responsible for all damage to property or injury to people that is the fault of
landlord or people employed by
landlord at the leased property.
Tenant is responsible for all damage to the leased property and injury to people caused by
tenant,
tenant's family or guests.
Tenant agrees that
landlord is not responsible to
tenant,
tenant's family or guests for damage or injury caused by water, snow or ice that comes on the leased property unless
landlord was at fault.
12. USE OF LEASED PROPERTY
Tenant agrees to use the leased property only as a residence.
Tenant agrees to obey all federal, state and local laws and regulations when using the leased property.
Tenant agrees not to store any flammable or dangerous things in or around the leased property.
Tenant agrees not to do anything in or around the leased property which could harm anyone or damage any property.
Tenant agrees that
tenant will not allow more than __ people to live in the leased property without the written permission of
landlord.
Tenant agrees that
landlord has the right to put a mortgage on the leased property. If
landlord has a mortgage on the leased property now, or if
landlord gets a mortgage later,
tenant agrees that this lease is subordinate to the mortgage that the
landlord has put on the leased property.
14. GOVERNMENTAL TAKING OF LEASED PREMISES
The right of the government to take private property for public use is called eminent domain. If the government takes property by eminent domain, it must pay fair compensation to anyone who has any right in that property. If all or any part of the leased premises is taken by eminent domain, this lease will end. Landlord and tenant agree to release each other from any responsibility that may arise because leased premises are taken by eminent domai.
15. CARE OF LEASED PROPERTY
Tenant is responsible for, and will take good care of, the leased property and all of the property in and around the leased property.
Tenant agrees to pay for any damage which is the fault of
tenant,
tenant's family and
tenant's guests.
Tenant agrees to move out and give back the leased property to
landlord when the lease ends.
16. LANDLORD'S RIGHT TO ENTER LEASED PROPERTY
Tenant agrees that
landlord,
government officials, and people working for
landlord may go into the leased property at
reasonable times.
Landlord and people working for
landlord may inspect, make repairs, do maintenance, and show the leased property to others.
17. UTILITY SERVICES
Landlord and
tenant agree to pay for the charges for utilities and services supplied to the leased property as follows:
Charge or Service: | Paid by Tenant | Paid by Landlord |
Internet | _________________________ | _________________________ |
Television Cable | _________________________ | _________________________ |
Electric | _________________________ | _________________________ |
Water | _________________________ | _________________________ |
Sewer | _________________________ | _________________________ |
Natural Gas | _________________________ | _________________________ |
Refuse Collection | _________________________ | _________________________ |
Lawn Maintenance | _________________________ | _________________________ |
Snow and Leaf Removal | _________________________ | _________________________ |
Water Softener Charges | _________________________ | _________________________ |
Parking | _________________________ | _________________________ |
Pest Control | _________________________ | _________________________ |
Other : | _________________________ | _________________________ |
Landlord has the right to turn off service to the leased property in order to make repairs or to do maintenance.
18. MUNICIPAL PERMIT WORK
Tenant agrees not to do any work that requires a municipal permit without prior consent of the landlord.
Waiver of Notice to Quit
If tenant breaks the lease, each tenant agrees to give up the right to have a NOTICE TO LEAVE, also known as a NOTICE TO QUIT. This means that the landlord may file a lawsuit in court asking for a court order evicting each tenant from the leased property without giving each tenant NOTICE TO QUIT first. Landlord does not have the right to throw tenant out of the leased property.
The landlord can only evict tenant by court action.
The landlord does
not have the right to sue in court for eviction unless a tenant has broken the agreements in this lease. Even though each tenant is giving up NOTICE TO QUIT, each tenant will have a chance in court to have a judge decide on landlord’s claim for eviction.
What the Landlords May Do If Tenant Breaks the Lease
If a tenant breaks the lease agreement, the landlord may sue each tenant in court:
- To collect overdue rent, late charges and money damages caused by tenant’s breaking the agreements in the lease.
- To get the leased property back (eviction).
- To collect for unpaid rent until the end of the lease or until another person moves into the leased property as a new tenant.
If landlord wins a lawsuit against tenant, landlord can use the court process to take tenant’s personal goods, furniture, motor vehicles and money in banks.
Tenant agrees that landlord may receive reasonable attorney’s fees as part of a court ruling in a lawsuit against tenant for breaking the agreements of this lease.
19. SPECIAL CONDITIONS
The Attorney General has not pre-approved any special conditions/additional terms added by the
landlord or
tenant after the plain language pre-approval of this contract.
BY SIGNING THIS LEASE AGREEMENT, EACH TENANT AGREES THAT THE TENANT HAS READ AND UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE.
DATE:_______________LANDLORD:__________________________
DATE:_______________TENANT(S):__________________________
__________________________
__________________________
__________________________
This is the end of the document.