Apartment Lease

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This form allows a Landlord to rent an apartment to a Tenant.

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If you are a Landlord and wish to rent an apartment to a Tenant, you should make sure you have an Apartment Lease. This document should be in writing and must be signed by the Landlord and the Tenant(s). The Apartment Lease should clearly state everyone's responsibilities and rights. It should also set forth all the terms and conditions that have been agreed on by all the parties such as rental amounts, rental periods, deposits, defaults and more.

A joint inspection form is useful to document the inspection and can help avoid problems or misunderstandings at the end of the lease term. It helps protect both the Landlord as well as the Tenant.

This Apartment Lease packet includes everything necessary for a Landlord to rent an apartment to a Tenant, including the Lease, the Inspection Checklist and much more.

These are just some of the important provisions included in this Apartment Lease Agreement:
  • Leased Premises and Lease Term: Describes the location of the apartment and the term of the lease;
  • Lease Payments and Late Charges: Amount of the rent, the manner and timing of rental payments, and penalties for late payments or insufficient funds;
  • Security Deposit: Amount of the security deposit, and conditions for the return of the deposit;
  • Default: Explains the events of default and both financial as well as physical remedies available;
  • Covenant of Quiet Enjoyment: The tenant may peaceably and quietly enjoy the apartment by fulfilling his or her obligations;
  • Possession of Property, Utilities, Pets: Describes when Tenant may take possession of the apartment, who is responsible for utilities and whether pets are allowed;
  • Assignment and Subletting: Sets forth the conditions under which the tenant may assign or sublet the apartment;
  • Maintenance and Repair:The tenant will keep and maintain the apartment in good condition and repair during the term of the lease;
  • Abandonment: Sets forth when the apartment may be considered abandoned;
  • Insurance: Sets forth the insurance requirements;
  • Additional Terms: Additional optional terms include parking, balconies, bicycles, liquid-filled furniture, building rules and more;

Protect Your Rights, Your Property and Yourself, with these accurate and easy to use forms.

This lawyer-prepared packet includes:
  1. Instructions and Checklist for Apartment Lease Agreement;
  2. Information about Apartment Lease Agreements;
  3. Apartment Lease Agreement;
  4. Move in-out Inspection Checklist;
  5. Lead Paint Disclosure; and
  6. "Exhibit A Building Rules and Regulations" cover sheet.
State Law Compliant: This form complies with the laws of your state
Number of Pages19
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#29468
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.








Apartment Lease Agreement










This Packet Includes:
1.   Instructions and Checklist
2.   General Information
3.   Step-by-Step Instructions
4.   Apartment Lease Agreement
















Instructions and Checklist


Apartment Lease Agreement

q   The Landlord must sign the Lease.

q   The Tenant(s) must sign the Lease.  If there is more than one adult Tenant, each Tenant should sign the Lease.

q   Generally, the Landlord and the Tenant(s) will each retain an original signed Lease. Therefore, if there is one Landlord and two Tenants, three original leases must be executed (i.e., signed and dated).

q   If a Lease contemplates a long rental term, some states require that that Lease be recorded. Recording a Lease often also requires notarization. The parties should investigate the circumstances under which a Lease will need to be recorded, and the requirements of that recording.

q   Certain states require that Landlord and Tenant(s) conduct an inspection of the premises to be rented, either before physical occupancy of the property by the Tenant(s) or before the Lease is signed by either party. Even if a state does not specifically require a joint inspection, it is nonetheless a good idea to conduct one for the protection of both parties.  Additional information about the security deposit requirements for each state, and whether an inspection is required prior to funding or returning a security deposit, may be found at the following link: http://www.findlegalforms.com/public/RENT/DEPCHRT.doc

q   For additional information about specific state laws governing Landlord and Tenant relationships in your state, please click on the following link:



q   If the property was built before 1978 (i.e., pre-1978 property), federal law requires that the Landlord and Tenant(s) (and their agents) sign the Disclosure of Information on Lead-Based Paint.”  Federal law requires the Landlord to keep the signed copy of the Disclosure of Information on Lead-Based Paint for a minimum of three years as proof of compliance with the rules. A copy of the Disclosure of Information On Lead-Based Paint and/or Lead-Based Paint Hazards form is included in this packet.

q   These forms contain the basic terms and language that should be included in lease agreements for furnished apartments. The laws in some states require a lessor (i.e., the person who is renting out his property) to make additional written disclosures, including disclosures about the condition of the unit, the building, the neighborhood, the environment and any other known problems. Certain cities and municipalities may have additional disclosure requirements that will need to be included. You should consult with a real estate agent or attorney in your area to determine what additional disclosures, if any, are required in your state or locality.  Even if these disclosures are not required by law, a Tenant may still request that they be made, and may negotiate to make them part of his agreement.



q   Laws vary from time to time and from state to state. These forms are not a substitute for legal advice. These forms should be considered only a starting point, and should not be used or signed before first consulting with an attorney to ensure that they address your particular situation. An attorney should be consulted before negotiating any document with another party.

q   

The purchase and use of these forms is subject to the “Terms and Conditions” detailed at www.findlegalforms.com .


General Information
Apartment Lease Agreement

Whenever a landlord (who may be the owner of an apartment building, condominium or residence) rents a unit to a tenant, an agreement should be written and signed by both landlord and tenant and should set forth the terms to which the parties have agreed. Such a document is generally called a lease or rental agreement. Many states consider oral agreements regarding the rental of real property to be invalid; these states require a written agreement.  

Some states require that the landlord and tenant conduct an inspection of the premises to be rented either before physical occupancy of the property by the tenant or before the lease is signed by either party. A joint inspection form, in which landlord and tenant agree as to the presence and condition of items in the apartment and the apartment itself, is useful to document the inspection and can help avoid problems or misunderstandings at the end of the lease term. Even if a state does not require a joint inspection, it is a good idea to complete one for the protection of both parties: a joint inspection can help the landlord justify any security deposit deductions, if warranted, or can demonstrate that certain property damage predated the tenants occupancy.

The best time to do a walk-through of the property is just before the tenants move in, while the rooms are completely empty.  On the Joint Inspection Form or other written record, make detailed notes as to the condition of the premises.  If there is any damage, make sure it is noted as to type and its exact location.  Another good idea is for the parties to bring along a camera, taking detailed pictures of every room, exterior of the home and surrounding property.  Pictures and detailed notes can go a long way should an issue arise later.

Throughout the term of the Lease the Landlord should take care to make sure the property is adequately maintained and any needed repairs are made.  Landlords are required to comply with a rule called the “implied warranty of habitability.” This means that the property is, and will be through the lease term, maintained for the tenants.  A landlord should familiarize themselves with state and local health, safety and building codes to make sure they are in compliance.



Most states have specific laws relating to residential leases, primarily directed at protecting tenants from dishonest landlords.   In addition, states have detailed laws addressing the amount and maintenance of security deposits. For example, some states require that a security deposit be held in an interest bearing account and that any accrued interest be given to the tenant at the termination of the lease. States also vary in regulating how quickly a landlord must return a security deposit to a tenant (e.g., within 30 days after the termination of the lease). Landlords should be familiar with the laws of their state.  The chart at the link below provides detailed information about the rules relating to security deposits for each state, as well as explaining the time lines and other requirements for keeping and or returning a security deposit.  See http://www.findlegalforms.com/public/RENT/DEPCHRT.doc



If more than one tenant signs the lease, each tenant may be held responsible for all of the obligations under the lease if the other tenants dont perform their obligations.  In other words, a tenant may be held responsible for the entire rental amount if his co-tenants do not pay their share.

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also
receive a federally approved pamphlet on lead poisoning prevention. The Environmental Protection Agency's pamphlet entitled "Protect Your Family From Lead In Your Home" can be found at: http://www.epa.gov/lead/pubs/leadprot.htm. Additional information can also be found on the EPA site at: http://www.epa.gov.




























Step-by-Step Instructions
Apartment Lease Agreement

The following instructions will walk the reader through each provision of the above referenced documents to help them fully understand the terms of the Agreements.

 Introduction: Enter the full name of Landlord, full name of Tenant(s), and the date the Lease is being entered into (usually the move-in date).  Keep in mind that the Tenants must have legal capacity to enter into a contractual agreement (they must be on “sound mind” and over 18 years of age).  This Lease creates joint and several liability in the case of multiple tenants, which means that each tenant is entirely responsible for the provisions of this Lease, regardless of each tenants individual degree of wrongdoing.

Section 1: Leased Premises; Terms of Lease; etc.

 Section 1.1:  Leased Premises. Enter the complete geographic address of the premises. Be as specific as possible. In certain states, failure to adequately describe the property, or the length or amount of the Lease can render the document invalid.

 Section 1.2: Original Term. Enter the beginning and expiration date of the term for this Lease. Note that in some states if the term is unusually long, it may be required to record the Lease after signing.  Please refer to your own states rules on this.

Section 1.3: Renewal Term. This provision allows the Tenant to extend the Lease term for one year after the expiration of the initial term. Note the tenant must give 30 days notice prior to the expiration of the initial term.

Section 1.4: Use of Premises. This section defines the property for residential use only unless prior written notice is given.  This sounds straight forward, however a tenant starting up a business on the property without the landlords knowledge could mean property damage, complaints from neighbors, etc.

Section 1.5: Inspection of Premises. This provision confirms that the premises have been inspected and are in good condition. Tenant agrees to notify Landlord of any need for repairs that arise during the lease period. Note that a Premises Inspection Sheet is included in this packet to assist the parties in conducting a proper inspection.







 Section 1.6: Occupants of Premises. Fill in the maximum amount of tenants allowed to reside in the premises.

Section 2: Rent Payments; Late Fees.

 Section 2.: Rent. Fill in the amount of monthly rent to be paid by the Tenant(s).

 Section 2.2: Manner of Payment. Fill in the address where the rent should be mailed every month.

 Section 2.3: If the rent is over (fill in the amount of days) late, a late fee will be charged.  This is an important clause in the Lease for the landlord.  Having a late fee policy will deter the Tenant from paying the rent late, and causing repeated inconvenience to the landlord. It is not legally required for the Landlord to provide for a grace period at all, although most do as a courtesy.  The length of the grace period is up to the discretion of the Landlord, but usually is 5 or 10 days.  As for the amount of the late fee, what is legal varies state to state, so the Landlord should check his/her landlord-tenant statutes in their state. The general rule of thumb is that a late fee is legal if it is considered reasonable.

 Section 2.4: Insufficient Funds. Enter the charge that will be incurred if a rent check is returned for insufficient funds from the bank.  The amount of the charge should be reasonable.

Section 3: Security Deposit.

 Section 3.1: Security Deposit. This is an area that is governed by state rules. The parties should check the rules regarding security deposits for their particular state.  The amount that can be legally charged, how the money is handled, and the time that the security deposit must be returned vary considerably from state to state. This section states the amount of the deposit (fill in), and says that the Landlord may use this money to cure any breach of the Lease Agreement.  If the amount of damage is more than the amount of the deposit, the Landlord is entitled to charge the difference as well. For more information on security deposits, see http://www.findlegalforms.com/public/RENT/DEPCHRT.doc

Section 3.2: Return of Deposit. This provision states that the Landlord will return the deposit to the Tenant at the end of the lease period. The amount of time that the Landlord has to return the money varies from state to state so check your local rules.


Section 4: Default.



Section 4.1: Event of Default. If the Tenant defaults on any provision of this Lease, the Landlord will send the Tenant a 7-day written notice to cure the default. If the Tenant does not do so, the Landlord has the option to cure the default and charge the Tenant for the costs associated with that, or terminate the Lease.  If the Landlord finds it necessary to serve the Tenant with a 7-day notice, the Landlord should send the notice certified return receipt to prove that the notice was sent, and that Tenant received the notice. Landlord should retain a copy of whatever is sent to the Tenant.  Please note that certain states have very strict regulations regarding the default notice process.  Please check your states statutes before completing this section.

Section 4.2: Physical Remedies. If the Landlord has sent a 7-day notice and the term has expired, or if the Tenant fails to pay rent, the Landlord is entitled to regain possession of the property. Tenant waives notice that notice will be given is Landlord takes measures to regain possession.  Regaining possession is another heavily regulated area, please check your state laws before commencing this type of remedy.

Section 4.3: Financial Remedies. In the event the Tenant defaults on the Lease, or the Landlord finds it necessary to regain possession of the premises, rent becomes due upon re-entry of the Landlord, together with legal/attorney fees and costs associated with restoring the premises to good order. Landlord can put the premises back up for rent, and the Tenant will be liable for liquidated damages. Landlord can still hold Tenant liable for the rent to be paid under the original Lease.

Section 5: Quiet Enjoyment.

Section 5.1: Quiet Enjoyment. This provision assures the Tenant that if they perform all of their obligations under the Lease, they are entitled to enjoy the property undisturbed.

Section 6: Assignment and Subletting.

Section 6.1 Assignment. The Tenant is prohibited from assigning the Lease to another or sub-letting the premises without the Landlords written consent.

Section 7. The Premises: Possession; Treatment: etc.

Section 7.1: Possession and Surrender. Tenant will take possession on the first day of the Lease Term, and shall surrender the premises in good condition at the end of the term.





Section 7.2 Utilities and Services. List the utilities that will be paid by the Landlord.
 
Section 7.3: Pets. Pets are not allowed unless written consent has been given by the Landlord.

Section 7.4: Dangerous Materials.  No dangerous materials shall be kept on the premises (e.g. flammable liquids, explosives, etc.)

Section 7.5: Alterations and Improvements. Tenant is not permitted to make any improvements or alterations to the property without the written consent of the landlord. If the Tenant does make an improvement that is fixed to the property, it becomes the property of the Landlord.

Section 7.6: Maintenance and Repair.  Tenant agrees to keep the premises in good condition.  Landlord agrees to make necessary repairs unless the damage was caused by the Tenant.  This provision is standard to Lease Agreements. It is important for the Landlord to make repairs in a timely manner to avoid problems with their Tenants.  

Section 7.7: Damage to Premises.  If there is major damage to the premises that renders it uninhabitable and it is not the fault of the Tenant, the Lease is terminated, except as to enforcing the rights of the parties that have accrued.  Rent will be apportioned up to the date the property was damaged.

Section 8: Inspection

Section 8.1: Inspection of Premises. Landlord has a right to enter and inspect premises. Tenant agrees to make the property available to Landlord for inspection and repairs. Twenty four hour notice will be given is Landlord needs to enter the premises.

Section 9: Abandonment

Section 9.1: Abandonment.  This clause sets forth what will happen if the Tenant abandons the premises.  Fill in the amount of days that constitute abandonment. Should the Tenant abandon the property, the Landlord has the right to terminate the Lease and regain possession of the premises. Any personal property left by the Tenant will be considered abandoned as well, and will be disposed of by the Landlord.

Section 10:  Extended Absences.



Section 10.1: Extended Absences.  If the Tenant is away for an extended period of time, the Tenant must notify the Landlord. Fill in the amount of time that requires notice.  During that time Landlord will be authorized to enter the premises. 



Section 11: Security System.  This provision states that there is no security system for the premises. If Tenant chooses to install one, the Landlord is not liable for any damage or loss that could result.

Section 12: Insurance.

Section 12.1: Insurance. Both Landlord and Tenant are responsible for maintaining proper insurance on the premises.  Landlords insurance protection is similar to homeowners insurance, and will protect the Landlord against any damage to the property, loss of rental income, and the Landlords physical property that may be left at the premises for use by the Tenant.  The insurance policy should also cover legal fees and liability protection should a Tenant become injured on the premises.  The Landlord should take care that his insurance provides adequate protection in all of these areas.  For the Tenant, renters insurance is equally as important. If there is a fire for instance, the Landlord would not be responsible for replacing the contents in the home. Renters insurance will protect the Tenant from loss of personal belongings. The Tenant is also responsible for any injuries that occur within the premises itself.  If someone trips and falls in the Tenants home, the Tenant is responsible, not the Landlord.  So both parties need to do their homework and obtain an insurance policy that adequately protects their interests.

Section 13: No other Representations, Construction; Governing Law; Consents.

Section 13.1 No Other Representations. Tenant is acknowledging that the Landlord is not making any other representations or warranties that are not otherwise in this Agreement.

Section 13.2: Construction and Severability. This clause states that if any provision of this Lease shall be held invalid, it does not affect the rest of the Agreement.  Every other provision of the Agreement will remain in full force and effect.

 Section 13.3: Governing Law. Fill in the state that you are leasing the property in.

Section 14: Parties Bound.



Section 14: Binding Effect.  The provisions of this Lease apply to all the heirs, legal representatives, successors and assigns of both the Landlord and the Tenant.



Section 14.2: Exception. If the Landlord transfers his/her interest in the property being leased, he will no longer be bound by the provisions of this Lease.  

Section 15: Miscellaneous.

Section 15.1: Entire Agreement.  All of the understandings and obligations of both parties are contained in this Lease.  

Section 15.2: No Waiver. Failing to enforce a particular provision of an agreement could be interpreted as waiver by conduct.  In other words, failure to enforce a provision could be interpreted as giving up the right to enforce the provision in the future.  This clause protects against this, stating that failure to enforce a provision at one point in time does not prevent a party from enforcing the provision in the future.

Section 15.3: Cumulative Rights.  This clause states that all the provisions work together as a cohesive agreement.  One provision cannot be separated from the other.

 Section 15.4: Notice.  Any notice to either party must be in writing and mailed to the addresses that you will fill in here.  When sending legal notice to the other party, always keep a copy of what is being sent.  

Section 15.5: Headings. The headings in this document are for organization of the document only and cannot be used to interpret the provisions themselves.

Section 15.6: Holdover.  A holdover tenant is where a tenant continues to occupy the premises after the Lease has expired.  Fill in the amount of the monthly rent that the Tenant will be responsible for should this occur. The landlord is allowed to accept the monthly rent without admitting the legality of the occupancy. A month-to-month tenancy is created.

Section 15.7: Indemnification. This clause means that the Tenant agrees to not hold the Landlord responsible for any loss that the Tenant may experience during their occupation of the premises, unless the loss was due to the actions of the Landlord.

Section 15.8: Legal Fees.  In the event there is ever legal action as a result of this Agreement, the losing party will be responsible for legal fees.

 Section 15.9: Keys. Fill in the number of house and mailbox keys provided to the Tenant. Fill in the amount the Landlord will charge if replacement keys are ever necessary.


Additional Terms and Conditions: Check which provisions apply from the list below:



Display of Signs: Landlord is able to post real estate signs and show the property the last 60 days of the tenancy. Tenant may not post signs without written consent of the Landlord.

Noise: Tenants shall not cause any unreasonable noise or disturbance. Fill in the hours where there is no visiting in the common areas. Furniture delivery will only be allowed at specified times.

 Parking: Designate how many parking spaces will be provided to the Tenant.

Balconies: Tenant will not hang clothes or store items on the balcony.

Bicycles: Bicycles can only be stored in areas specified by the Landlord.

Locking of Entrance Doors: Landlord reserves the right to keep entrance doors locked for safety.

Liquid Filled Furniture: The Tenant will not be allowed to have liquid filled furniture (a waterbed, for example), without prior written consent by the Landlord.

 Manager: Fill in the name, address and telephone number of the manager.

Building Rules: Landlord can publish rules, and after 30 days written notice are incorporated into the Lease Agreement. Attach Exhibit A, a copy of the current premises rules.

 Additional Provisions: Fill in any additional provisions here.

 Signature Block: Both Landlord and Tenant(s) sign the document.  The Landlord and Tenant(s) should retain an original for their records, so prepare as many originals for signature as needed.

 Premises Inspection Sheet:  This sheet is extremely helpful during the inspection process at the beginning or end of a Lease.  Having detailed notes of damage at the onset of a Lease is important so that the Tenants arent blamed for damage they did not cause. At the end of the Lease assessing the damage will help the Landlord determine the amount of the security deposit that will be returned. Remember that the security deposit money can only be used for damage that is a direct result of the Tenant. It cannot be used for general upgrades and repairs that can not be attributed to the Tenants stay on the






premises.  Keeping accurate records of damages and subsequent repairs are important if Tenants ever contend the charges and take the Landlord to court.

After the Inspection Sheet is completed and reviewed with the Tenant, the parties sign the document at the bottom. The Landlord and the Tenant should both keep an original.

Disclosure of Information on Lead Based Paint:  In 1992 Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, which requires the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.  This form should also be accompanied by a federally approved pamphlet on lead poisoning as well.  Landlord (Lessor) should indicate on the form whether to their knowledge there is lead-based paint used on the premises.  If there are any records indicating the presence of lead-based paint indicate this as well.  Lessee (Tenant) should mark both that he/she has received any applicable copies of reports, as well as the above mentioned pamphlet.  If a real estate agent has been involved in the transaction they would indicate that they have complied with the responsibilities regarding disclosure.  All parties should sign where indicated.  Originals should be provided to all parties.







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APARTMENT LEASE AGREEMENT


This Lease Agreement (“Lease”) is entered by and between ____________________________ (“Landlord”) and _____________________ ________________________________________ (“Tenant”) on ____________ [Date]. Landlord and Tenant may collectively be referred to as the “Parties.” This Lease creates joint and several liability in the case of multiple Tenants.

W I T N E S S E T H:

            That in consideration of the mutual agreements herein contained, Landlord and Tenant hereby agree and covenant to and with each other as follows:


1.   Leased Premises; Term of Lease; etc.

1.1   Leased Premises.   Landlord leases to Tenant, and Tenant rents from Landlord, the premises located at: ___________________________ ___________________________________________  (the “Premises”) [complete address of Premises] to Tenant.

   1.2   Original Term.  This Lease shall commence on _____________ [start date] and, unless sooner terminated pursuant to law or pursuant to any of the terms hereof, shall expire on ___________ [end date] (the “Lease Term”).

1.3   Renewal Term.  Tenant shall have the right, exercisable as hereinafter provided, to extend the term of this Lease for one successive period of one year (the “Renewal Term”) upon the same covenants, terms and conditions as those provided in the Lease for the Lease Term.  If Tenant desires to preserve the right to extend the Lease Term for a Renewal Term, Tenant shall give Landlord a notice no later than 30 days before the end of the Lease Term.

1.4   Use of Premises.  Tenant shall use the Premises as a residence only, and for no other purpose. The Premises shall not be used to carry on any type of business or trade, unless Tenant has received the prior written consent of the Landlord.  Tenant will comply with all laws, rules, ordinances, statutes and orders regarding the use of the Premises.

1.5   Inspection of Premises.  Tenant or Tenants agent has inspected the Premises, the fixtures, the grounds, building and improvements and acknowledges that the Premises are in good and acceptable condition and are habitable.  If, in Tenants opinion, the condition of the Premises has changed at any time during the Lease Term, Tenant shall promptly provide reasonable notice to Landlord.

1.6   Occupants of Premises.  Tenant agrees that no more than ____ persons may reside on the Premises, unless Tenant has received the prior written consent of the Landlord.

2.   Rent Payments; Late Fees.

2.1   Rent.  Tenant shall pay to Landlord during the Lease Term as rent for the Premises the amount of $_________ (“Rent”) each month in advance on the first day of each month.  If the Lease Term does not start on the first day of the month or end on the last day of a month, the Rent for the relevant month will be prorated accordingly.

2.2   Manner of Payment.  The Rent, and all other sums payable by Tenant to Landlord under this Lease, shall be payable in lawful money of the United States of America and shall be paid to Landlord and Landlords address, at _____________ __________________________________________________ [address for rent payment] ,or at any other address designated by Landlord.

2.3   Late Fees.  If any amounts due under the Lease are more than _____ days late, Tenant agrees to pay a late fee of $________.

2.4   Insufficient Funds. Tenant agrees to pay the charge of $_____ for each check provided by Tenant to Landlord that is returned to Landlord for lack of sufficient funds.

3.     Security Deposit.

3.1   Security Deposit. On execution of this Lease, Tenant shall deposit with Landlord, in trust, a security deposit of $__________ (the “Deposit”), as security for the performance of Tenants obligations under this Lease.  Landlord may (but shall have no obligation to) use the Deposit or any part thereof to cure any breach or default of Tenant under this Lease, or to compensate Landlord for any damage as it incurs as a result of Tenants failure to perform any of Tenants obligations hereunder.  Landlord is not limited to the Deposit to recoup damage costs, and Tenant remains liable for any balance. Tenant shall not apply or deduct any portion of the Deposit from any months rent, including the last month of the rental term. Tenant shall not use or apply the Deposit in lieu of payment of Rent. If Tenant breaches any terms or conditions of this Lease, Tenant shall forfeit the Deposit, as permitted by law.

3.2   Return of Deposit.  In the event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease, the Deposit shall be returned to Tenant after the date fixed as the end of the Lease and after delivery of entire possession of the Premises to Landlord.

4.   Default.
4.1   Event of Default.  If Tenant defaults in fulfilling any of the covenants of this Lease, Tenant shall be in default of this Lease.  Then, in any one or more of such events, subject to any statute, ordinance or law to the contrary, and upon Landlord serving a written seven (7) days notice upon Tenant specifying the nature of said default and upon the expiration of said seven (7) days, if Tenant does not cure a default of which he has been notified, or if the default cannot be completely cured or remedied in seven days, Landlord may at Landlords option: (i) cure such default and add the cost of such cure to Tenants financial obligations under the Lease; or (ii) declare Tenant in default and terminate the Lease.  

4.2   Physical Remedies.  If the notice provided for in Section 4.1 has been given, and the term shall expire as noted, or if Tenant shall make default in the payment of Rent, then Landlord may without notice, as permitted by law, re-enter the Premises either by force or otherwise, dispossess Tenant by summary proceedings or otherwise, and retake possession of the Premises.  Tenant hereby waives the service of notice of intention to re-enter or institute legal proceedings to that end.  

4.3   Financial Remedies.  In the event of any default, re-entry, expiration and/or dispossession by summary proceedings or otherwise, (i) the Rent shall become due thereupon and be paid up to the time of such re-entry, dispossession or expiration, together with such expenses Landlord may incur for legal expenses, attorneys fees, brokerage, and/or putting the Premises in good order; (ii) Landlord may re-let the Premises or any part or parts thereof; and/or (iii) Tenant shall also pay Landlord liquidated damages for his failure to observe and perform the covenants in this Lease.  Landlord may, at his sole option, hold Tenant liable for any difference between the Rent payable under this Lease during the balance of the Lease Term, and any rent paid by a successive Tenant if the Premises are re-let.  In the event that after default by Tenant Landlord is unable to re-let the Premises during any remaining term of this Lease , Landlord may at his option hold Tenant liable for the balance of the unpaid Rent under the Lease for the remainder of the Lease Term.
 
5.   Quiet Enjoyment.

5.1    Quiet Enjoyment.  Landlord covenants and agrees with Tenant that upon Tenant paying Rent, and observing and performing all of the terms, covenants and conditions on Tenants part to be observed and performed under this Lease, Tenant may peaceably and quietly enjoy the Premises, subject nonetheless to the terms and conditions of this Lease. 

6.   Assignment and Subletting.

6.1   Assignment.  Tenant expressly covenants that it shall not assign or sublease any interest in this Lease without prior written consent of the Landlord, which consent shall not be unreasonably withheld. Any assignment or sublease without Landlords written prior consent shall, at Landlords option, terminate this Lease.  No assignment, underletting, occupancy or collection shall be deemed a waiver of the provisions of this Lease, the acceptance of the assignee, undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant in this Lease.

7.   The Premises: Possession; Treatment; etc.

7.1   Possession and Surrender.  Tenant shall be entitled to possession of the Premises on the first day of the Lease Term, and Tenant shall not be obliged to accept possession of the Premises prior to the first day of the Lease Term. At the expiration of the Lease Term, Tenant shall peaceably surrender the Premises to Landlord or Landlords agent in good condition, as it was at the commencement of the Lease, subject to ordinary wear and tear.

7.2   Utilities and Services.  Tenant will be responsible for all utilities and services required on the Premises, except that Landlord will provide the following: _________________
_____________________________________________________________________________________________________________________________________________ [list services paid by Landlord or “none”].

   7.3   Pets.  Tenant is not permitted to keep any Pets on the Premises without the prior written consent of Landlord.  

7.4   Dangerous Materials.  Tenant shall not keep or have on or around the Premises any item of a dangerous, flammable or explosive nature that might unreasonably increase the risk of fire or explosion on or around the Premises or that might be considered hazardous by any responsible insurance company.

7.5   Alterations and Improvements.  Tenant agrees not to make any improvements or alterations to the Premises without the prior written consent of Landlord. If any alterations, improvements or changes are made to or built on or around the Premises, with the exception of fixtures and personal property that can be removed without damage to the Premises, they shall become the property of Landlord and shall remain at the expiration of the Lease, unless otherwise agreed in writing. 

7.6   Maintenance and Repair. Tenant will, at Tenant's sole expense, keep and maintain the Premises in good, clean and sanitary condition and repair during the term of this Lease and any renewal thereof. Tenant shall be responsible to make all repairs to the Premises and fixtures that may have been damaged by Tenant's misuse, waste or neglect, or that of the Tenant's family, agent or visitor. Tenant agrees that no painting will be done on or about the Premises without the prior written consent of Landlord. Tenant shall promptly notify Landlord of any damage, defect or destruction of the Premises, or in the event of the failure of any of the appliances or equipment. Landlord will use his best efforts to repair or replace any such damaged or defective area, appliance or equipment.
 
7.7   Damage to Premises.  In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake or other casualty not caused by the negligence of Tenant, this Lease shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder.  The Rent provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying Rent up to such date and Landlord refunding Rent collected beyond such date.  Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease.  In the event that Landlord exercises its right to repair such uninhabitable portion, the Rent shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full Rent shall recommence and the Lease continue according to its terms.

8.   Inspection.

8.1   Inspection of Premises.  Landlord and Landlords agents shall have the right at all reasonable times during the term of this Lease 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 Landlord for the preservation of the Premises or the building.  Tenant agrees to make the Premises available to Landlord or Landlords agents to inspect, to make repairs or improvements, to supply agreed services, to show the Premises to prospective buyers or tenants, or to address an emergency. Except in an emergency situation, Landlord shall give Tenant reasonable notice of intent to enter.  For these purposes, twenty-four (24) hour notice shall be deemed reasonable. Tenant shall not, without Landlords prior written consent, add, alter or re-key any locks to the Premises.  At all times Landlord shall be provided with a key or keys capable of unlocking all such locks and permitting entry. Tenant further agrees to notify Landlord in writing if Tenant installs any burglar alarm system, including instructions on how to disarm such alarm in case of emergency entry.

9.   Abandonment.

9.1   Abandonment.  If at any time during the term of this Lease Tenant abandons the Premises or any part thereof, Landlord may at his option obtain possession of the Premises by any legal means without liability to Tenant and may, at Landlords option, terminate the Lease. Abandonment is defined as absence of the Tenant from the Premises for at least ____ consecutive days without notice to Landlord. If Tenant abandons the Premises while the Rent is outstanding for more than 15 days and there is no reasonable evidence, other than the presence of Tenants personal property, that Tenant is occupying the unit, Landlord may at Landlords option terminate this Lease and regain possession of the Premises in the manner prescribed by law. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.

10.   Extended Absences.

10.1   Extended Absences.    In the event Tenant will be away from the Premises for more than ____ consecutive days, Tenant agrees to notify Landlord in writing of such absence. During such absence, Landlord may enter the Premises at times reasonably necessary to maintain the property and inspect for damages and needed repairs.

11.   Security System.

11.1   Security System. Tenant understands that Landlord does not provide any security alarm system or other security for Tenant or the Premises. In the event any alarm system is provided, Tenant understands that such alarm system is not warranted to be complete in all respects or to be sufficient to protect Tenant or the Premises. Tenant releases Landlord from any loss, damage, claim or injury resulting from the failure of any alarm system, security or from the lack of any alarm system or security.

12.   Insurance.

12.1   Insurance.  Landlord and Tenant shall each be responsible for maintaining appropriate insurance for their respective interests in the Premises and property located on the Premises. Tenant understands that Landlord will not provide any insurance coverage for Tenants property.  Landlord will not be responsible for any loss of Tenants property, whether by theft, fire, riots, strikes, acts of God or otherwise. Landlord encourages Tenant to obtain renters insurance or other similar coverage to protect against risk of loss.

13.   No Other Representations, Construction; Governing Law; Consents.

13.1   No Other Representations.  Tenant expressly acknowledges and agrees that Landlord has not made and is not making, and Tenant, in executing and delivering this Lease, is not relying upon, any warranties, representations, promises or statements, except to the extent that they are expressly set forth in this Lease.  It is understood and agreed that all understandings and agreements heretofore had between the parties are merged into this Lease, which alone fully and completely expresses their agreements.

   13.2   Construction and Severability.  If any of the provisions of this Lease, or the application thereof to any person or circumstances, shall, to any extent, be held invalid or unenforceable for any reason, the remainder of this Lease, or the application of such provision or provisions to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby, and every provision of this lease shall be valid and enforceable to the fullest extent permitted by law.  If any provision of this Lease is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

13.3   Governing Law.  This Lease shall be governed in all respects by, and construed in accordance, with the laws of the State of ___________________.

14.   Parties Bound.

14.1   Binding Effect.  The covenants and conditions contained in the Lease shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.  

14.2   Exception.  The obligations of Landlord under this Lease shall not be binding upon Landlord named herein with respect to any period subsequent to the transfer of his interest in the Premises as owner or lessee thereof, and in event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord.

15.   Miscellaneous.

15.1   Entire Agreement.  This Lease contains all of the understandings relating to the leasing of the Premises and the Landlords obligations in connection therewith and neither the Landlord nor any agent or representative of the Landlord has made or is making, and the Tenant in executing and delivering this Lease is not relying upon, any warranties, representations, promises or statements whatsoever, except to the extent expressly set forth in this Lease. All understandings and agreements, if any, heretofore had between the parties are merged in this Lease, which alone fully and completely expresses the agreement of the parties.  This Lease may be modified in writing and must be signed by both Landlord and Tenant.

15.2   No Waiver.  The failure of either party to insist in any instance upon the strict keeping, observance or performance of any provision of this Lease or to exercise any election in this Lease shall not be construed as a waiver or relinquishment for the future of such provision, but the same shall continue and remain in full force and effect. No waiver or modification by either party of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by the party to be charged. The receipt and retention by the Landlord of Rent with knowledge of the breach of any provision of this Lease shall not be deemed a waiver of such breach.

15.3   Cumulative Rights.  Landlords and Tenants rights under this Lease are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.

15.4   Notice.  Any notice required or otherwise given pursuant to this Lease shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, if to Tenant, at the Premises and if to Landlord, at the address for payment of Rent. Either party may change such addresses from time to time by providing notice as set forth above.

15.5   Headings.  The headings of the sections of this Lease are for convenience only and are not to be considered in construing said sections.

15.6   Holdover.  If the Tenant holds-over in the Premises after the expiration or termination of this Lease without the consent of the Landlord, the Tenant shall pay as hold-over rental a monthly rental rate of $______________________, unless otherwise agreed by the parties in writing; provided, however, that nothing in the foregoing provisions of this Section 15.6 shall be construed to limit or preclude any other rights or remedies available to the Landlord at law or in equity by reason of such holding-over by the Tenant, including, without limitation, the recovery by the Landlord against the Tenant of any sums or damages to which, in addition to the damages specified above, the Landlord may lawfully be entitled.  A month-to-month tenancy shall be created by the payment of this hold-over rental, subject to the same terms and conditions of this Lease, and shall be terminable on thirty (30) days notice by either party, or on longer notice if required by law.

15.7   Indemnification.  To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlords property, including the Premises, free and harmless from any and all liability for loss, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenants use and occupation of the Premises, or from the acts or omissions of any person or persons, including Tenant, in or about the Premises with Tenants express or implied consent, except Landlords act or negligence.

15.8   Legal Fees.  In the event of any legal action by the parties arising out of this Lease, the losing party shall pay the prevailing partys reasonable attorneys fees and costs in addition, to all other awarded relief.

15.9   Keys.  Tenant will be given ___ key(s) to the Premises, entrance doors and ____ mailbox key(s). Tenant shall be charged $_________ if all keys are not returned to Landlord following termination of the Lease.

ADDITIONAL TERMS AND CONDITIONS.  [check all that apply]:

[__]  DISPLAY OF SIGNS.  Landlord or Landlords agent may display “For Sale,” or “For Rent,“Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective tenants during the last sixty (60) days of this Lease. Tenant agrees that no signs shall be placed on the Premises without the prior written consent of Landlord.

[__]  NOISE. Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other persons.  No lounging or visiting will be allowed in the common areas between the hours of ________p.m. and _____a.m.  Furniture delivery and removal will take place at such times as designated by the Landlord.
[__]  PARKING. Tenant shall be entitled to use _____ parking space(s) for the parking of motor vehicle(s) located ___________________________________________________________.  The parking space will be used exclusively for the parking of passenger vehicles and is not to be used for washing, painting or servicing of vehicles. Tenants vehicle will occupy the parking space entirely at the risk of Tenant.  If Tenant shall dispose of his vehicle or not require parking accommodation for any other reason, Tenant shall not assign or sublet the parking space unless expressly granted prior permission by Landlord.

[__]  BALCONIES. Tenant shall not use the Premises balcony for the purpose of storage, drying clothes, cleaning rugs or grilling.

[__]  BICYCLES.  All bicycles owned by Tenant shall be stored only in the areas designated by the Landlord and not in any other parts of the building including the hallways, entrances and lobbies.

[__]  LOCKING OF ENTRANCE DOORS.  Landlord reserves the right to close and keep locked all entrance doors of the building during such hours as Landlord deems advisable for the safety and protection of the building and its occupants.  Tenant shall not prop open any entrance doors.

[__]  LIQUID-FILLED FURNITURE. Tenant shall not use or have any liquid-filled furniture, including but not limited to waterbeds, on the premises without Landlords prior written consent.

[__]  MANAGER.  The name, address and telephone number of the manager is: __________________________________________________________________________.

[__]  BUILDING RULES.  Landlord may publish building rules from time to time, which will become part of this Lease and incorporated herein after thirty (30) days written notice to Tenant.  Landlord will not be liable to Tenant for any individuals violation of these rules.  Attached hereto as Exhibit A are a copy of the Premises existing rules and regulations.

[__]  ADDITIONAL PROVISIONS. [Specify “none” if there are no additional provisions]









IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and year first above written.

LANDLORD:

___________________________________________________
___________________________________
[Name]


TENANT:
____________________________________________________
___________________________________
[Name]


TENANT:
____________________________________________________
___________________________________
[Name]






PREMISES INSPECTION
MOVE-IN / MOVE-OUT

The Premises should be inspected immediately before the Lease is signed or the premises are occupied

Address of Premises:
Move In date
Move out date
Inspected by (for Landlord)
Inspected by (for Tenant)



MOVE-IN
Comments
MOVE-OUT
Comments

OK
NO

OK
NO

Bedroom 1
?
?
________________________
?
?
________________________
Bedroom 2
?
?
________________________
?
?
________________________
Bedroom 3
?
?
________________________
?
?
________________________
Bathrooms
?
?
________________________
?
?
________________________
Entry Area
?
?
________________________
?
?
________________________
Living Areas
?
?
________________________
?
?
________________________
Balcony
?
?
________________________
?
?
________________________
Carpeting
?
?
________________________
?
?
________________________
Ceilings
?
?
________________________
?
?
________________________
Closets
?
?
________________________
?
?
________________________
Dishwasher
?
?
________________________
?
?
________________________
Disposal
?
?
________________________
?
?
________________________
Drapes / Blinds
?
?
________________________
?
?
________________________
Doors
?
?
________________________
?
?
________________________
Fireplace
?
?
________________________
?
?
________________________
Lights
?
?
________________________
?
?
________________________
Locks
?
?
________________________
?
?
________________________
Patio
?
?
________________________
?
?
________________________
Refrigerator
?
?
________________________
?
?
________________________
Screens
?
?
________________________
?
?
________________________
Storage
?
?
________________________
?
?
________________________
Stove
?
?
________________________
?
?
________________________
Walls
?
?
________________________
?
?
________________________
Windows
?
?
________________________
?
?
________________________
Window coverings
?
?
________________________
?
?
________________________
Yard
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________

NOTES: _________________________________________________________________________________________________________

_________________________________________________________________________________________________________

Landlord and Tenant have inspected the Premises on ________________ (Date). The move-in conditions are those noted on this inspection as shown above. The parties further agree that a copy of this Joint Inspection was provided to Tenant.

Tenant:
___________________________________
___________________________________
Acknowledged by Landlord:
___________________________________
___________________________________

RESIDENTIAL LEASE
DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT
OR LEAD-BASED PAINT HAZARDS

Lead Warning Statement

Housing built before 1978 may contain lead-based paint.  Lead from paint, paint chips and dust can pose health hazards if not managed properly.  Lead exposure is especially harmful to young children and pregnant women.  Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling.  Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Lessor's Disclosure

(a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below):
(i) _____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):  ______________________________________________

(ii) ____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

(b) Records and reports available to the lessor (Check (i) or (ii) below):
(i) _____ Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents): ______________________________________________  

(ii)____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Lessee's Acknowledgment (initial)

(c) _____ Lessee has received copies of all information listed above.

(d) _____ Lessee has received the pamphlet Protect Your Family From Lead In Your Home.

Agents Acknowledgment (initial)

(e)——— Agent has informed the lessor of the lessors obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

—————————
 —————————— —————————— —————————
Lessor            Date                          Lessor             Date
——————————
 —————————— —————————— ————————
Lessee             Date            Lessee             Date
——————————
 —————————— ———————— —————————
Agent             Date             Agent             Date

EXHIBT A

BUILDING RULES AND REGULATIONS
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