RESIDENTIAL LEASE – TENANT-FRIENDLY

THIS RESIDENTIAL LEASE (“Lease”) is made this ___ day of ________________, 20__, by and between _______________________ (“Landlord”) and _____________________________ (“Tenant”).

The parties agree as follows:

1. REAL PROPERTY. Landlord agrees to lease and Tenant agrees to rent that certain real property located at _______________________________, Apt. No _____________, located in the Town of ________________, in the State of _____________________________ (“Real Property”).

2. TERM. This Lease covers a period of _____ months, beginning on ______________, ___, 20__ and ending on _______________, ____, 20__(“Term”), subject to any renewals.

3. RENEWAL TERM. This Lease shall automatically renew for a period of one year at the option of the Tenant, pursuant to the execution of a Renewal Agreement by Tenant. In the event that Tenant does not execute a Renewal Agreement at the expiration of the Term or any extension thereof, Tenant becomes a holdover tenant under the covenants of this lease and a month-to-month term.

4. SUBLETTING & ASSIGNMENT. Tenant shall not sublet the entire Real Property or any portion thereof or assign this Lease, without first obtaining written consent from Landlord.

5. MONTHLY PAYMENT. On the first (1st) of each month, Tenant shall pay to Landlord $_________ (“Rent”). Payments shall be made to Landlord at the following address:
Attn:
_____________________________________
_____________________________________
_____________________, _____ _________

6. DEPOSIT. Tenant hereby pays to Landlord or Landlord’s agent a security deposit in the amount of $_____________(“Deposit”), to guaranty Tenant’s faithful performance of the conditions of this Lease. Upon Tenant’s faithful performance of the terms of this Lease, Landlord will refund the amount of the Deposit, less costs, to Tenant within thirty (30) days of the last of the following conditions being met:

a. the Term of the Lease has expired or Lease has been terminated by mutual agreement of both parties;

b. all payments due under the Lease have been paid;

c. Tenant has put the Real Property in to a clean, broom-swept condition, with all personal property not belonging to Landlord removed by Tenant at Tenant’s expense;

d. Tenant has given Landlord sixty (60) days’ notice of his intent to vacate;

e. Tenant has returned all keys to Landlord;

f. Tenant has given Landlord his forwarding address and phone number; and

g. Tenant has paid all bills and utilities relating to his tenancy under this Lease.

Costs to be subtracted from the Deposit shall include the following with respect to the Real Property: cost of repairing damage, other than normal wear and tear; cost of cleaning; cost of enforcing any of the Landlord’s rights and/or Tenant’s responsibilities under this Lease.

7. REAL PROPERTY MANAGER. The person or entity responsible for managing this Real Property is:

Attn:

_____________________________________

_____________________________________

_____________________, _____ _________

Business Phone: ______________________

Emergency Phone: ____________________

8. OCCUPANTS & GUESTS. In addition to Tenant, the following persons occupy the Real Property: __________________________________________________________________________________________ and ________ minor children.

9. POSSESSION. Landlord will endeavor to deliver possession at the beginning of the Term. Should Landlord be unable to do so, Rent shall be abated in the amount of 1/30th of the monthly Rent per day possession is delayed and Tenant shall begin payment of Rent upon possession. In the event that Landlord does not deliver possession to Tenant within ten (10) days of the beginning of this Lease, Tenant has the option to terminate this Lease.

10. UTILITIES. Landlord shall pay for all electricity, has, fuel and other services or utilities used on the property, except for the following, which Tenant shall pay: _______________________________________________________________________________________________________________________________________________________________________________.

11. APPLIANCES AND MAINTENANCE OF REAL PROPERTY. Landlord agrees to maintain all appliances, common areas and the Real Property in good working order. In the event of failure by Landlord to do so, Tenant may withhold Rent in the amount of the decrease to the value of the Real Property, until Landlord returns the Real Property and/or appliances to working order.

12. PETS. No pets are allowed at the Real Property, unless Tenant has obtained the prior written consent of Landlord and paid to Landlord a pet deposit in the amount of $___________.

___ Acknowledgement of pet deposit received at signing of lease. Tenant, in consideration for the Landlord allowing Tenant’s pet ____________ named ________________ at the Real Property, has paid to Landlord a pet deposit in the amount of $_________, returnable to Tenant only upon satisfactory completion of the terms of this Lease.

13. VEHICLES. Tenant shall park no more than _____ vehicles at the Real Property, shall park only in their assigned spaces, and shall keep the grounds free of all oil drippings. Tenant shall not park boats, recreational vehicles or utility trailers at the Real Property, without first obtaining the written consent of Landlord.

14. INSURANCE. Tenant shall maintain insurance to cover the damage or theft of its personal property, including fire insurance, and shall name Landlord as an additional insured. Landlord shall maintain, at Landlord’s expense, hazard and fire insurance on the Real Property, but not on Tenant’s personal property. A failure of Tenant to maintain its insurance will not be a default on the part of Tenant of this Lease, but a failure of Landlord to maintain its insurance will constitute a default on the part of Landlord.

15. ACCESS. Landlord and its agents may enter the Real Property for the purpose of repairs, inspections, maintenance or the showing of the Real Property to prospective tenants or purchasers, upon forty-eight (48) hours’ advance notice by Landlord.

16. HEIR, ASSIGNS AND SUCCESSORS. The provisions, covenants and conditions of this Lease shall bind and inure to the benefit of the heirs, legal representatives, successors and assigns of the parties to this Lease.

17. NO ILLEGAL ACTIVITIES. Tenant shall not engage in any illegal activities or allow others to engage in illegal activities on the Real Property.

18. SERVICE OF PROCESS. Tenant agrees to be the agent for any other person occupying, residing or staying at the Real Property, including guests and occupants, whether authorized or unauthorized.

19. CHANGES IN TERMS OF TENANCY. In the event that this tenancy becomes a month-to-month tenancy, Landlord shall provide to Tenant thirty (30) days’ notice of any change in tenancy, including notices of termination or rent adjustments.

20. NOTICE OF INTENTION TO VACATE. In the event that this tenancy becomes a month-to-month tenancy, Tenant shall provide thirty (30) days’ advance notice of its intention to vacate the Real Property.

21. SALE OF THE DWELLING. If the dwelling that includes the Real Property or any part thereof is sold, transferred or conveyed, Landlord may terminate this Lease upon sixty (60) days’ notice to Tenant.

22. DEFAULT AND ATTORNEY’S FEES. In the event that Tenant hires an attorney to enforce its rights under this Lease, including defending itself against an eviction, and is successful, Landlord agrees to pay Tenant’s reasonable attorney’s fees plus costs.

23. SEVERABILITY CLAUSE. In the event that any provision, covenant or term of this Lease is determined to be illegal, only that provision, covenant or term shall be considered null and void and shall not affect the validity of any other provision, covenant or term.

24. NON-WAIVER. Failure of Tenant to enforce its rights under this Lease shall not be considered a waiver of any of Tenant’s rights under this Lease, nor shall it be considered a continuing waiver of any later breach. Tenant may only waive its rights through a writing signed by both Landlord and Tenant.

25. ENTIRE AGREEMENT. Where the context so requires, all terms shall be deemed to include both masculine and feminine, as well as both singular and plural. There are no agreements, promises or understandings between Landlord and Tenant, other than those contained in this Agreement, and this Agreement represents the entire understanding between Landlord and Tenant. The terms of this Agreement shall be modified only by written agreement, signed by both Landlord and Tenant.

ACKNOWLEDGEMENT. Tenant hereby acknowledge that it has read this Lease, understands it, and has been given a copy.

Tenant: Date Landlord: Date