RENTAL AGREEMENT AND/OR LEASE
Agreement and/or Lease shall evidence the complete terms and conditions under
which the parties whose signatures appear below have agreed. Landlord/Lessor/Agent,
_____________________________, shall be referred to as "OWNER" and
Tenant(s)/Lessee, _____________________________, shall be referred to as
"RESIDENT." As consideration for this agreement, OWNER agrees to
rent/lease to RESIDENT and RESIDENT agrees to rent/lease from OWNER for use
solely as a private residence, the premises located at
_____________________________________________in the city of
RESIDENT agrees to pay in advance $______ per month on the ____ day of each
month. This agreement shall commence on _____,___ and continue; (check one)
A.__ until _______, ___ as a leasehold. Thereafter it shall become a month-to-month tenancy. If RESIDENT should move from the premises prior to the expiration of this time period, he shall be liable for all rent due until such time that the Residence is occupied by an OWNER approved paying RESIDENT and/or expiration of said time period, whichever is shorter.
B.__ until ____________, ______ on a month-to-month tenancy until either party shall terminate this agreement by giving a written notice of intention to terminate at least 30 days prior to the date of termination.
Rent and/or other charges are to be paid at such place or method designated by
the owner as follows _____________________________________. All payments are to
be made by check or money order and cash shall be acceptable. OWNER acknowledges
receipt of the First Month's rent of $__________, and a Security Deposit of
$__________, and additional charges/fees for ______________________________, for
a total payment of $__________. All payments are to be made payable to
DEPOSITS: The total of the above deposits shall secure compliance with the
terms and conditions of this agreement and shall be refunded to RESIDENT within
_____ days after the premises have been completely vacated less any amount
necessary to pay OWNER; a) any unpaid rent, b) cleaning costs, c) key
replacement costs, d) cost for repair of damages to premises and/or common areas
above ordinary wear and tear, and e) any other amount legally allowable under
the terms of this agreement. A written accounting of said charges shall be
presented to RESIDENT within _____ days of move-out. If deposits no not cover
such costs and damages, the RESIDENT shall immediately pay said additional costs
for damages to OWNER.
4. LATE CHARGE:
A late fee of $_____, said amount not to exceed ___% of the monthly rent, shall
be added to any payment of rent made before the ____ day(s) after the due date
or for which a deficient (bounced) check shall have been given.
RESIDENT agrees to pay all utilities and/or services based upon occupancy of the
premises except ____________________________________.
Guest(s) staying over 15 days without the written consent of OWNER shall be
considered a breach of this agreement. ONLY the following individuals and/or
animals, AND NO OTHERS shall occupy the subject residence for more than 15 days
unless the expressed written consent of OWNER obtained in advance
7. PETS: No
animal, fowl, fish, reptile, and/or pet of any kind shall be kept on or about
the premises, for any amount of time, without obtaining the prior written
consent and meeting the requirements of the OWNER. Such consent if granted,
shall be revocable at OWNER'S option upon giving a 30 day written notice. In the
event laws are passed or permission is granted to have a pet and/or animal of
any kind, an additional deposit in the amount of $_________ shall be required
along with additional monthly rent of $_______ along with the signing of OWNER'S
Pet Agreement. RESIDENT also agrees to carry insurance deemed appropriate by
OWNER to cover possible liability and damages that may be caused by such
8. LIQUID FILLED
FURNISHINGS: No liquid filled furniture, receptacle containing more than ten
gallons of liquid is permitted without prior written consent and meeting the
requirements of the OWNER. RESIDENT also agrees to carry insurance deemed
appropriate by OWNER to cover possible losses that may be caused by such items.
When and if RESIDENT is assigned a parking area/space on OWNER'S property, the
parking area/space shall be used exclusively for parking of passenger
automobiles and/or those approved vehicles listed on RESIDENT'S Application
attached hereto. RESIDENT is hereby assigned or permitted to park only in the
following area or space ____________________________. The parking fee for this
space (if applicable is $________ monthly. Said space shall not be used for the
washing, painting, or repair of vehicles. No other parking space shall be used
by RESIDENT or RESIDENT'S guest(s). RESIDENT is responsible for oil leaks and
other vehicle discharges for which RESIDENT shall be charged for cleaning if
deemed necessary by OWNER.
RESIDENT agrees not to cause or allow any noise or activity on the premises
which might disturb the peace and quiet of another RESIDENT and/or neighbor.
Said noise and/or activity shall be a breach of this agreement.
OF PREMISES: If the premises become totally or partially destroyed during
the term of this Agreement so that RESIDENT'S use is seriously impaired, OWNER
or RESIDENT may terminate this Agreement immediately upon three day written
notice to the other.
12. CONDITION OF
PREMISES: RESIDENT acknowledges that he has examined the premises and that
said premises, all furnishings, fixtures, furniture, plumbing, heating,
electrical facilities, all items listed on the attached property condition
checklist, if any, and/or all other items provided by OWNER are all clean, and
in good satisfactory condition except as may be indicated elsewhere in this
Agreement. RESIDENT agrees to keep the premises and all items in good order and
good condition and to immediately pay for costs to repair and/or replace any
portion of the above damaged by RESIDENT, his guests and/or invitees, except as
provided by law. At the termination of this Agreement, all of above items in
this provision shall be returned to OWNER in clean and good condition except for
reasonable wear and tear and the premises shall be free of all personal property
and trash not belonging to OWNER. It is agreed that all dirt, holes, tears,
burns, and stains of any size or amount in the carpets, drapes, walls, fixtures,
and/or any other part of the premises, do not constitute reasonable wear and
RESIDENT shall not paint, wallpaper, alter or redecorate, change or install
locks, install antenna or other equipment, screws, fastening devices, large
nails, or adhesive materials, place signs, displays, or other exhibits, on or in
any portion of the premises without the written consent of the OWNER except as
may be provided by law.
MAINTENANCE: RESIDENT shall deposit all garbage and waste in a clean and
sanitary manner into the proper receptacles and shall cooperate in keeping the
garbage area neat and clean. RESIDENT shall be responsible for disposing of
items of such size and nature as are not normally acceptable by the garbage
hauler. RESIDENT shall be responsible for keeping the kitchen and bathroom
drains free of things that may tend to cause clogging of the drains. RESIDENT
shall pay for the cleaning out of any plumbing fixture that may need to be
cleared of stoppage and for the expense or damage caused by stopping of waste
pipes or overflow from bathtubs, wash basins, or sinks.
15. HOUSE RULES:
RESIDENT shall comply with all house rules as stated on separate addendum, but
which are deemed part of this rental agreement, and a violation of any of the
house rules is considered a breach of this agreement.
16. CHANGE OF
TERMS: The terms and conditions of this agreement are subject to future
change by OWNER after the expiration of the agreed lease period upon 30-day
written notice setting forth such change and delivered to RESIDENT. Any changes
are subject to laws in existence at the time of the Notice of Change Of Terms.
After expiration of the leasing period, this agreement is automatically renewed
from month to month, but may be terminated by either party giving to the other a
30-day written notice of intention to terminate. Where laws require "just
cause", such just cause shall be so stated on said notice. The premises
shall be considered vacated only after all areas including storage areas are
clear of all RESIDENT'S belongings, and keys and other property furnished for
RESIDENT'S use are returned to OWNER. Should the RESIDENT hold over beyond the
termination date or fail to vacate all possessions on or before the termination
date, RESIDENT shall be liable for additional rent and damages which may include
damages due to OWNER'S loss of prospective new renters.
If OWNER is unable to deliver possession of the residence to RESIDENTS on the
agreed date, because of the loss or destruction of the residence or because of
the failure of the prior residents to vacate or for any other reason, the
RESIDENT and/or OWNER may immediately cancel and terminate this agreement upon
written notice to the other party at their last known address, whereupon neither
party shall have liability to the other, and any sums paid under this Agreement
shall be refunded in full. If neither party cancels, this Agreement shall be
prorated and begin on the date of actual possession.
RESIDENT acknowledges that OWNERS insurance does not cover personal property
damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any
other causes, nor shall OWNER be held liable for such losses. RESIDENT is hereby
advised to obtain his own insurance policy to cover any personal losses.
20. RIGHT OF
ENTRY AND INSPECTION: OWNER may enter, inspect, and/or repair the premises
at any time in case of emergency or suspected abandonment. OWNER shall give 24
hours advance notice and may enter for the purpose of showing the premises
during normal business hours to prospective renters, buyers, lenders, for smoke
alarm inspections, and/or for normal inspections and repairs. OWNER is permitted
to make all alterations, repairs and maintenance that in OWNER'S judgment is
necessary to perform.
RESIDENT agrees not to transfer, assign or sublet the premises or any part
INVALIDITY: Nothing contained in this Agreement shall be construed as
waiving any of the OWNER'S or RESIDENT'S rights under the law. If any part of
this Agreement shall be in conflict with the law, that part shall be void to the
extent that it is in conflict, but shall not invalidate this Agreement nor shall
it affect the validity or enforceability of any other provision of this
22. NO WAIVER:
OWNER'S acceptance of rent with knowledge of any default by RESIDENT or waiver
by OWNER of any breach of any term of this Agreement shall not constitute a
waiver of subsequent breaches. Failure to require compliance or to exercise any
right shall not be constituted as a waiver by OWNER of said term, condition,
and/or right, and shall not affect the validity or enforceability of any
provision of this Agreement.
FEES: If any legal action or proceedings be brought by either party of this
Agreement, the prevailing party shall be reimbursed for all reasonable
attorney's fees and costs in addition to other damages awarded.
24. JOINTLY AND
SEVERALLY: The undersigned RESIDENTS are jointly and severally responsible
and liable for all obligations under this agreement.
25. REPORT TO
CREDIT/TENANT AGENCIES: You are hereby notified that a nonpayment, late
payment or breach of any of the terms of this rental agreement may be
submitted/reported to a credit and/or tenant reporting agency, and may create a
negative credit record on your credit report.
NOTIFICATION REQUIREMENT: For rental dwellings built before 1978, RESIDENT
acknowledges receipt of the following: (Please check)
___ Lead Based Paint Disclosure Form
___ EPA Pamphlet
All notices to RESIDENT shall be served at RESIDENT'S premises and all notices
to OWNER shall be served at
The premises contains the following items, that the RESIDENT may use.
30. KEYS AND
ADDDENDUMS: RESIDENT acknowledges receipt of the following which shall be
deemed part of this Agreement: (Please check)
___ Keys #of keys and purposes ___________________________________________
___ House Rules ___ Pet Agreement ___ Other ________________________________
AGREEMENT: This Agreement constitutes the entire Agreement between OWNER and
RESIDENT. No oral agreements have been entered into, and all modifications or
notices shall be in writing to be valid.
32. RECEIPT OF
AGREEMENT: The undersigned RESIDENTS have read and understand this Agreement
and hereby acknowledge receipt of a copy of this Rental Agreement.
OWNER'S or Agent's
Signature ____________________________________________ Date__________________