RESIDENTIAL LEASE – LANDLORD-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 at noon (12:00pm) 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 on or before thirty (30) days prior to the expiration of the term of this Lease or any extension thereof. In the event that Tenant has not executed 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:
    ______
    ______
    ______, ______

Unless otherwise notified in writing, the Rent shall increase annually by ten percent (10%), beginning the month following the initial term and adjusting annually thereafter.

  1. ADDITIONAL RENT & RETURNED CHECKS. In the event that any payment by Tenant is returned by the bank unpaid, Tenant will pay Landlord fifty dollars ($50) as additional rent. Any returned payment must be redeemed in the form of cashier’s check, certified bank check or money order. In the event that more than one payment by Tenant is returned by the bank, Tenant agrees to pay all future payments in the form of cashier’s check, certified bank check or money order. In the event that Landlord and/or its agents must collect payment of Rent at the Real Property, Tenant agrees to pay a thirty-dollar ($30) collection fee per occurrence as additional rent for the additional service.
  2. 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:
  3. the Term of the Lease has expired or Lease has been terminated by mutual agreement of both parties;
  4. all payments due under the Lease have been paid;
  5. Tenant has put the Real Property into a clean, broom-swept condition, with all personal property not belonging to Landlord removed by Tenant at Tenant’s expense;
  6. Tenant has given Landlord sixty (60) days’ notice of his intent to vacate;
  7. Tenant has returned all keys to Landlord;
  8. Tenant has given Landlord his forwarding address and phone number; and
  9. 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.

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

Attn:

______

______

______, ______

Business Phone: ______

Emergency Phone: ______

  1. OCCUPANTS & GUESTS. In addition to Tenant, the following persons occupy the Real Property: ______and ______minor children. No other persons may occupy the dwelling without Landlord’s prior written consent. Tenant may entertain guests for a period of no longer than fourteen (14) days every six months without Landlord’s prior written consent, or whatever other period applicable law allows. Tenant agrees to pay for all repairs of all damage created by Tenant and/or its guests or occupants. In the event that any guest stays for more than fourteen (14) days, consecutive or non-consecutive, Tenant shall pay to Landlord an additional rent in the amount of $100 per guest.
  2. POSSESSION. Landlord will endeavor to deliver possession at the beginning of the Term. Should Landlord be unable to do so, Landlord shall not be held liable for the suffering of any damages by Tenant. Upon the failure of the delivery of possession at the beginning of the Term, 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.
  3. UTILITIES. Tenant shall pay for all electricity, has, fuel and other services or utilities used on the property, except for the following, which Landlord shall pay: ______.
  4. APPLIANCES. All appliances included at the Real Property are provided as a convenience to Tenant and not as an obligation on the part of Landlord. Landlord assumes no responsibility for their continued operation, and no part of the Rent is attributable to the appliances. Any appliance at the Real Property shall be maintained by Tenant and, upon Tenant’s vacating the Real Property, shall be returned to Landlord in the same condition as of the signing of this Lease.
  5. 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.

  1. 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.
  2. 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.
  3. INDEMNIFICATION. Landlord shall not be liable for any damage or injury to Tenant and/or its guests, occupants, assigns and invitees, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant agrees to hold Landlord harmless for any claims for damages, except for injury or damages for which Landlord is legally held responsible. Landlord agrees to hold Tenant harmless for any damages caused by acts of nature.
  4. ALTERATIONS, IMPROVEMENTS AND DECORATIONS. Tenant agrees not to alter or decorate the Real Property or any common areas without first obtaining the written permission of Landlord, including painting, wallpapering or holiday decorations. Any alterations or decorations become property of Landlord upon Tenant’s vacating the Real Property.
  5. REPAIRS. Tenant agrees to notify Landlord in writing of any defect in the Real Property that is a concern for the life, health or safety of its occupants, within seventy-two (72) hours of Tenant’s becoming aware of such a problem. Examples of such defects include, but are not limited to, a crack in the foundation, a tilting porch, a crack in the plaster or stucco, moisture in the ceiling, buckling sheetrock or siding, a leaky roof, a spongy floor, a leaky water heater or termite activity. Should there be a delay of more than seventy-two (72) hours in making the repairs, Landlord agrees to keep Tenants informed as to the progress of the work.
  6. 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 twenty-four hours’ advance notice by Landlord. In the event of an emergency, Landlord will not be required to provide advance notice.
  7. TRASH. Tenant agrees to dispose of its household trash by placing it into a receptacle for periodic collection. Tenant further agrees to dispose of its extraordinary household or non-household trash, such as Christmas trees, furniture and broken appliances, at its own expense and efforts. Tenant agrees that the presence of extraordinary trash on the Real Property for a period of seven (7) days or longer will constitute a breach by Tenant of this Lease.
  8. LIMITATIONS ON TENANT’S USE. Tenant agrees to the following limitations on its use of the Real Property:
  9. Tenant agrees not to keep any liquid-filled furniture, including water beds on the Real Property.
  10. Tenant agrees not to use or keep any free-standing grills or barbecues on the Real Property.
  11. Tenant agrees to use the sewage drains and/or plumbing to dispose of only the normal household waste for which they were designed and not for things such as diapers, sanitary napkins, children’s toys, balls of hair, grease, oil, table scraps, sand, dirt, rocks or newspapers. Tenant agrees to pay for the clearing of all drains of any and all stoppages.
  12. Tenant may not change the locks to the Real Property without first obtaining Landlord’s written consent, and Tenant agrees to pay the cost of changing the locks.
  13. Tenant agrees to refrain from making loud noises and disturbances to other occupants or neighbors.
  14. Tenant agrees to comply with all statutes, ordinances and requirements of all municipal, state and federal authorities, and a violation of any such statute, ordinance or requirement will constitute a breach of this Lease.
  15. SALE OF THE DWELLING. In the event that the building within which the Real Property is located is sold to a third-party, Landlord has the option to terminate this Lease, by giving Tenant sixty (60) days’ written notice.
  16. RESIDENTIAL USE ONLY. Tenant shall use the Real Property for its residential purpose only and will not conduct business at the Real Property without first obtaining Landlord’s written consent.
  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, whetherauthorized 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 ten (10) 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 sixty (60) 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 thirty (30) days’ notice to Tenant.
  22. RENTAL APPLICATION PART OF THIS LEASE. Any rental application completed by Tenant at the request of Landlord shall be considered part of this Lease, and any falsified information on the rental application shall be considered a breach of this Lease.
  23. DEFAULT AND ATTORNEY’S FEES. In the event that Landlord hires an attorney to enforce its rights under this Lease, Tenant agrees to pay reasonable attorney’s fees plus costs.
  24. 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.
  25. NON-WAIVER. Failure of Landlord to enforce its rights under this Lease shall not be considered a waiver of any of Landlord’s rights under this Lease, nor shall it be considered a continuing waiver of any later breach. In the event that Landlord and/or its agents accepts payment by Tenant while Tenant is in breach of this Agreement, Landlord is accepting payment only as use and occupancy and not as Rent, and Landlord is by no means waiving its rights to enforce the breach. Landlord may only waive its rights through a writing signed by both Landlord and Tenant.
  26. 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:DateLandlord:Date