Effective Date ____/____/______
Tenant [Legal Name], AKA (The Tenant)
Located at [Address]
[City], [State] [Zip Code]
Phone Number (000)000-0000
Owner [Legal Name], AKA (The Landlord)
Located at [Address]
[City], [State] [Zip Code]
Phone Number (000)000-0000
The Landlord leases to Tenant the following real property:
City: __________ State: ___ Zip: ____
Together with the following non-real property items:
The real property and the non-real property are hereby collectively called the "Property".
The term of this lease starts and ends as follows:
Start Date: ____/____/______
End Date: ____/____/______
The above mentioned tenant must occupy the Property within five days after the start date of this lease. If the Tenant is unable to occupy the Property by the fifth day after the start day due to construction on the Property or a prior tenant not vacating the Property Tenant may then terminate this lease by giving written notice to Landlord before the Property becomes available to the Tenant. The Landlord will then refund to Tenant the security deposit and any paid rent. The Landlord will reduce the rent on a daily basis for a delay that is caused by construction or a prior tenant not leaving the Property.
This lease will automatically renew on a month to month basis unless Tenant or Landlord provides the other party a written notice of termination of not less than thirty days before the expiration date.
If this lease does automatically renew on a month to month basis, it will continue to renew on a month to month basis until either party provides an written notice of termination to the other party and the notice of termination will be effective on the date that is designated in the notice but not sooner than thirty days after the notice has been received. If necessary the rent payment will be prorated on a daily basis.
Oral notice of Lease termination will not suffice under any conditions. Time is very important for providing notice of termination and strict compliance with the dates by which notice must be provided is required.
The Tenant will pay Landlord monthly rent in the amount of $ ________ for each full month during the lease. The first month's rent is due and payable no later than ____/____/______. Following the first month's rent Tenant will pay the monthly rent to the Landlord on or before the first day of each month during this lease.
On or before __/__/___ Tenant will pay Landlord $ ________ as prorated rent from the Lease start date through the last day of the month in which the Lease starts.
Tenant will remit all payment amounts to Landlord under this Lease to the following person or entity at the place stated and makes all payments payable to the named person or entity.
Tenant must pay all rent in a timely manner and without demand, deduction, or any offset, except that which is permitted by law or this Lease.
Time is of the essence regarding the payment of rent and strict compliance with rental due dates is hereby required.
Tenant will pay all rent payments by check, cashier's check, money order, or other means that is acceptable by the Landlord and not cash.
If the Tenant fails to pay rent in a timely fashion any amounts due under this Lease or if any check of Tenant is not honored by the banking institution by which it is drawn upon. The Landlord may require the Tenant to pay such due amount and any subsequent amounts under this Lease in certified funds only. This paragraph does not limit Landlord from seeking other remedies under this Lease for Tenant's failure to make rent payments in a timely manner with sufficient funds.
There will be no increases in the amount of rent paid during the initial period of this Lease. However, Landlord may increase the rent that will be paid during any month to month renewal period with at least a thirty day written notice given to the Tenant.
If the Landlord does not actually receive a rent payment in full at the designated place of payment by 11:59pm on the fifth day after the date on which it is due. Tenant will pay the Landlord an initial late charge of $25 and an additional $10 per day for each day thereafter until the rent and late charges are paid in full. Additional late charges for any one payment may not exceed more than thirty days.
The mailbox is not the agent for receipt for Landlord receiving rent and any late charges due. Also, the postmark is not the date the Landlord receives the payment. The Landlord's acceptance of a late charge does not waive Landlord's right to exercise additional remedies that are found in this Lease Agreement.
Tenant will pay Landlord $25 for each check Tenant writes to Landlord which is returned or not honored by the institution from which it is drawn for any reason, plus any late charges until the Landlord receives the full payment due. Tenant must make any returned check good by paying all amounts due with any associated charges in certified funds only.
Despite any notation on a check the Landlord may apply funds received from Tenant first to any non-rent obligations of Tenant, including by not limited to, late charges, returned check charges, repairs, brokerage fees, periodic utilities, pet charges, and then to rent due.
Unless the parties agree otherwise in writing the Tenant will not permit or even temporarily allow any pet on the Property. This includes but not limited to any mammal, reptile, bird, fish, rodent, and or insect).
If Tenant violates the above paragraph regarding pets the Landlord may take all or any of the following actions:
(1) Declare Tenant to be in default of this Lease and exercise the Landlord's right to terminate this Lease.
(2) Charge Tenant additional rent, with an initial payment of $200 and $25 for each day per pet that the Tenant violates pet restrictions.
(3) Remove or cause to be removed any unauthorized pet and deliver it to the appropriate local authorities by providing at least 24 hour written notice to Tenant of the Landlord's intention to remove the unauthorized pet(s).
(4) Charge to the Tenant the Landlord's cost to remove any unauthorized pet, exterminate the Property for fleas and other insects, clean and deodorize the Property's carpets and drapes, and repair any damage to the Property that was caused by the unauthorized pet.
When taking action regarding the removal of any unauthorized pet Landlord will not be held liable for any harm, injury, death and or sickness to any pet.
A Security Deposit will be due when this Lease Agreement is executed. The Tenant will pay a security deposit to Landlord in the amount of $_____________________.
No interest or income will be paid to Tenant on the security deposit. The Landlord may place the security deposit in an interest bearing or income producing account and any interest or income earned will be paid to the Landlord.
Tenant must give Landlord at least thirty days written notice of surrender before Landlord is obligated to refund or account for the security deposit.
Tenant may not withhold any portion of the last month's rent due on grounds that the security deposit is security for unpaid rent.
Landlord does not have to return or account for the security deposit until the Tenant surrenders the Property and gives the Landlord a written statement of the Tenant's forwarding address, after which the Landlord has thirty days in which to account for the security deposit.
The Landlord may deduct reasonable charges from the security deposit for the following causes:
Damages to the Property, this excludes normal wear and tear, and all other reasonable costs that are associated to repair the Property.
Costs, for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property.
Any unpaid or accelerated rent payments.
Any unpaid late charges.
Unpaid utilities and utility expenses the Landlord incurs due to maintaining the utilities to the Property as required by this Lease.
Unpaid pet charges.
Replacing unreturned keys, garage door openers, security devices, or other components.
The removal of unauthorized locks or fixtures that were installed by the Tenant.
Landlord's cost to access the Property if made inaccessible by the Tenant.
Missing or burned-out light bulbs and fluorescent tubes that are in the same location and of the same type and quality that were at the Property on the Start Date of Lease Agreement.
The packing, removing, storing any abandoned property.
Removing abandoned or illegally parked vehicles.
Costs of reletting if Tenant defaults on Lease Agreement
Attorney's fees, costs of court, costs of service, and other reasonable costs that incurred in any legal proceeding against above said Tenant.
Mailing costs associated with sending notices to Tenant for any violation of this Lease.
Any other unpaid charges or fees or other items for which the Tenant is responsible for under this Lease.
If deductions exceed the security deposit, the Tenant will pay the Landlord the excess within ten days after Landlord makes written demand to the Tenant.
Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property. Except the Landlord will pay for normal trash collection.
The Tenant must at minimum keep the following utilities on, if available, at all times this Lease is in effect: gas, electricity, water, wastewater, and garbage services.
Before signing this Lease, the Tenant should determine if all the necessary utilities are available to the Property and are adequate for the Tenant's use.
Tenant may use the Property as a private residence only. The only persons that the Tenant may permit to reside on the Property during the term of this Lease are the following (please include the names and ages of all the occupants):
Tenant must notify the Landlord promptly of any changes in the Tenant's phone numbers no later than five days after a change.
Tenant must comply with all home owner's association rules or restrictive covenants that affect the Property. The Tenant will reimburse Landlord for any fines or other charges that are assessed against the Landlord for violations by Tenant of any home owner's association rule or restrictive covenant.
Unless otherwise authorized by this Lease, the Tenant may not install or permit an of the following on the Property, even temporarily: a spa, hot tub, above ground pool, trampoline, or any item which causes a suspension or cancellation of insurance coverage or an increase in insurance premiums. The Tenant may not permit any part of the Property to be used for any activity which is a nuisance or offensive, noisy or dangerous, the repair of any vehicle, any business of any type, including but not limited to child care, any activity which violates any zoning ordinance, home owner's association rules, or restrictive covenants, any illegal or unlawful activity, or an activity that obstructs, interferes with or infringes on the rights of other persons near the Property.
Tenant may not permit any guest to stay on the Property longer than the amount of time permitted by any home owner's association rule or other restrictive covenant or fifteen days without the Landlord's written permission, whichever is less.
The Landlord is not obligated to pay any non-mandatory or user fees for the Tenant's use of any common area or facilities (i.e. pools or tennis courts)
The Tenant may not permit more than two vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, motorcycles, all terrain vehicles, jet skis, and boats, on the Property unless the additional vehicles are authorized by the Landlord in writing. The Tenant may not park or permit any person to park any vehicle in the yard. Tenant may permit vehicles to be parked only in the drives, garages, designated common parking areas or in the street if not prohibited by law or the home owner's association. Tenant may not store or permit any person to store any vehicles on or adjacent to the Property or on the street in front of the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant's expense any inoperative vehicle on or adjacent to the Property, any vehicle that is parked in violation of any of the rules stated in this Lease or any vehicle that is parked in violation of any law, local ordinance, or owner's association rule.
The Landlord or Landlord's contractor may take pictures of the interior or exterior or images of the Property and use the images in advertisements to lease or sell the Property. Also, the Landlord may prominently display a For Sale or For Lease signage on the Property during the term of this lease or any renewal period.
When accessing the Property, the Landlord or anyone that is authorized by the Landlord will attempt to first contact Tenant, but may enter the Property at times that are reasonable without notice to make repairs or to show the Property to prospective buyers or future tenants, inspectors, fire marshals, lenders, appraisers, or insurance agents. Also, the Landlord or anyone authorized by the Landlord may peacefully enter the Property at reasonable times without first attempting to contact the Tenant and without notice to survey or review the Property's condition and take photographs to document the condition, make emergency repairs, exercise a contractual or statutory lien, leave written notices, or seize nonexempt property if the Tenant is in default of any portion of this Lease.
If the Landlord or Landlord's agents have made prior arrangements with the Tenant to access the Property and are denied or are not able to access the Property because of the Tenant's failure to make the Property accessible. Then the Landlord may charge the Tenant a trip charge of $50.00.
During the last thirty days of this Lease or any renewal or extension and at any time the Landlord lists the Property for sale with a licensed real estate broker. The Tenant authorizes the Landlord or the Landlord's property manager and the Landlord's broker to place on the Property a keybox containing a key to the Property.
If the Landlord or Landlord's agents have notified the Tenant of their intent to access the Property to show it to a prospective tenant and are denied or are not able to access the Property because of the Tenant's failure to make the Property accessible. Then the Landlord may charge the Tenant a trip charge of $50.00.
The Landlord, the property manager, and the Landlord's broker are not responsible to the Tenant, the Tenant's family, guests, or other occupants for any damages, injuries, or losses arising from use of the keybox unless caused by the Landlord, the property manager, or the Landlord's broker.
The Landlord makes no express or implied warranties as to the Property's condition. The Tenant has inspected the Property and hereby accepts the Property as is.
The Tenant will complete an Inventory and Condition Form, noting any damages to the Property and deliver it to the Landlord within ten days after the start date of this Lease. If the Tenant fails to deliver the Inventory and Condition Form, the Property will be considered free of any damages, unless it is otherwise expressed in this Lease. Note: The Inventory and Condition Form is not a request for repairs. The Tenant must direct all requests for repairs in writing as described in this Lease.
When this Lease ends, the Tenant will surrender the Property in the same condition as when it was received except for normal wear and tear. The Tenant will leave the Property free of all trash and in an overall clean condition free from any debris and personal property. The Tenant may not just abandon the Property.
At the expense of the Tenant the Property must be kept clean and sanitary; dispose of all garbage in appropriate containers; supply and change heating and air conditioning filters at least once a month; supply and replace all light bulbs, fluorescent tubes, and batteries for smoke detectors, and carbon monoxide detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are in the Property on the start date of this Lease); maintain the appropriate levels of necessary chemicals or matter in any water softener; take action to promptly eliminate any dangerous condition on the Property; take all the necessary precautions to prevent broken water pipes due to freezing or other causes; replace any lost or misplaced keys; pay an periodic, preventive, or additional extermination costs that are desired by the Tenant; remove any standing water; know the location and operation of the main water cut off valve and all electric breakers and how to switch the valve or breakers off at the appropriate times to minimize any potential damage; and promptly notify the Landlord in writing or all needed repairs.
The Tenant at the Tenant's expense will maintain the yard.
If the Tenant installs any fixtures on the Property that are authorized or unauthorized such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by the Landlord, the Tenant may not remove any part of the Property or any of the Landlord's personal property from the Property; remove, change, add or rekey any lock; make holes in the woodwork, floors or walls, except that a reasonable number of small nails may be used to hang pictures in the sheetrock and grooves in paneling; permit any water furniture on the Property; install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; replace or remove flooring material, paint, or wallpaper; install, change or remove any fixture, appliance; keep or permit any hazardous material on the Property such as flammable or explosive materials; keep or permit any material or item which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; disposed of any environmentally detrimental substance such as motor oil on the Property; or cause or allow any lien to be filed agaist the Property.
All requests for repairs must be in writing and delivered to the Landlord. If the Tenant is delinquent in rent at the time a repair notice is given the Landlord is not obligated to make the repair. In the event of an emergency related to the condition of the Property that substantially affects the physical health or safety of the Tenant then call the Landlord immediately.
The Tenant may not repair or cause to be repaired any condition regardless of the cause without the Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item and the selection of contractors will be the Landlord's sole discretion.
The Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code.
The Tenant will pay the Landlord or any contractor the Landlord directs to the Tenant to pay the first $75 of the cost to repair each condition in need of repair and the Landlord will pay the remainder except for the following conditions which will be paid as follows:
The Landlord will pay the entire cost to repair a condition that was caused by the Landlord; wastewater stoppages or backups that is caused by the deterioration, breakage, roots, ground condition, faulty construction, or malfunctioning equipment; a condition that adversely affects the health or safety of an ordinary tenant which is not caused by the Tenant, an occupant, a member of the Tenant's family or a guest of the Tenant; and a condition in the following items which is not caused by the Tenant or caused by the Tenant's negligence: Heating and Air Conditioning systems; Water heaters; or Water penetration from structural defects.
The Tenant will pay the entire cost to repair a condition that is caused by the Tenant, an occupant, a member of the Tenant's family, or a guest of the Tenant; Any damage from wastewater stoppage that is caused by foreign or improper objects in the lines that exclusively service the Property; damage to doors, windows, or screens; and damage from windows or doors that are left open.
If a repair person is unable to access the Property after making arrangements with the Tenant to complete the repair, the Tenant will pay any trip charges the repair person may charge the Landlord and this amount may be different from the trip charges previously discussed.
The Landlord may require advance payment for repairs or payments for which the Tenant is responsible for and the Tenant must promptly reimburse the Landlord for any amount that the Tenant is responsible for.
The Property Code presumes that seven days is a reasonable period of time for the Landlord to repair a condition unless there are circumstances which create a situation where a different period of time is appropriate with regard to the severity and nature of the condition and the availability of materials, labor and utilities.
The Landlord has rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices within seven days after the Tenant moves in. All notices or requests by the Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in writing. Installation of additional security devices or additional rekeying or replacement of security devices that is desired by the Tenant will be paid by the Tenant in advance and may be installed only by contractors that are authorized by the Landlord.
Any requests for additional installation, inspection, or repair of smoke detectors must be in writing to the Landlord. Disconnecting or intentionally damaging a smoke detector or removing a battery without immediately replacing it with a battery may subject the Tenant to civil penalties and liability for damages and attorney fees under the Property Code.
The Tenant will promptly reimburse the Landlord for any loss, property damage, or cost of repairs or service to the Property that is caused by the Tenant, Tenant's guests, or any other occupants or pets. Unless directly caused by the Landlord the Landlord is not responsible to the Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property that is caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (i.e. carbon monoxide, asbestos, radon, lead-based paint, mold, fungus, etc.) or other occurrences or casualty losses.
If the Tenant fails to vacate the Property at the time this Lease ends then the Tenant will pay the Landlord rent for the holdover period and indemnify the Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney's fees. Rent for any holdover period will be three times the monthly rent and calculated on a daily basis, and will be due immediately and payable daily without notice or demand.
The Landlord will have a lien for unpaid rent against all of the Tenant's nonexempt personal property that is in the Property and may seize such nonexempt property if the Tenant fails to pay rent. The Landlord may collect an additional charge for packing, removing, or storing property seized in addition to any other amounts the Landlord is entitled to receive. The Landlord may sell or dispose of any seized property in accordance with the provisions of the Property Code.
This Lease and the Tenant's leasehold interest are and will be subordinate and inferior to any lien now or later placed on the Property by the Landlord; all advances made under any such lien; the interest that is payable on any such lien; any and all renewals and extensions of any such lien; any restrictive covenant; and the rights of any home owner's association affecting the Property.
The Property Code shall govern the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be the Landlord's sole property. For the purpose of this Lease, any condemnation of all or a part of the Property is and will be considered a casualty loss.
If the Landlord fails to comply with this Lease, the Tenant may seek any relief provided by law. If the Tenant fails to pay all amounts in a timely fashion that are due under this Lease or otherwise fails to comply with this Lease the Tenant will be in default and the Landlord may terminate the Tenant's right to occupy the Property by providing the Tenant with at least one day written notice to vacate the Property; all unpaid rents which are payable during the remainder of this Lease or any renewal period will be accelerated without notice or demand; the Landlord may exercise the Landlord's lien and any other rights under this Lease or the Property Code; and the Tenant will be liable for any lost rent; the Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees that are reasonable and necessary to relet the Property; repairs to the Property for use beyond normal wear and tear; all the Landlord's costs that are associated with the eviction of the Tenant, including but not limited to attorney's fees, court costs, costs of service, witness fees, and prejudgment interest; all the Landlord's costs associated with the collection of amounts due under this Lease, including but not limited to collection fees, late charges, and returned check charges; and any other recovery to which the Landlord may be entitled to by law.
Notice to vacate may be by any means permitted by the Property Code. The Landlord will try and attempt to minimize any damage or loss caused by the Tenant's breach of this Lease by attempting to relet the Property to acceptable tenants and reducing the Tenant's liability accordingly.
This Lease begins on the start date and ends on the end date unless extended by a written agreement of both parties or the Lease is terminated earlier by agreement of both parties and is applicable by law.
The Tenants may have special statutory rights to terminate the Lease early in certain situations involving family violence or a military deployment or military transfer.
If the Tenant is or becomes a service member or a dependent of a service member, the Tenant may then terminate this Lease by delivering to the Landlord a written notice of termination and a copy of an appropriate government document providing evidence of entrance into the military for service, military orders for a permanent change of station, or military orders to deploy with a military unit for not less than ninety days. Termination of the Lease will become effective on the thirtieth day after the first date on which the next rental payment is due after the date on which the written notice to the Landlord is delivered.
The Tenant may terminate this Lease if the Tenant obtains and provides to the Landlord a copy of a court order described in the Property Code protecting the Tenant or an occupant from family violence that was committed by an occupant of the Property.
Tenant may not assign this lease or sublet the Property without the Landlord's written consent.
If the Tenant requests an early termination of this Lease the Tenant may attempt to find a replacement tenant and may request the Landlord to do the same. The Landlord may, however is not obligated to, attempt to find a replacement tenant.
Any assignee or replacement tenant must with the Landlord's discretion be acceptable as a tenant and must sign a new lease with terms that are not less favorable to the Landlord than this current Lease or otherwise acceptable to the Landlord; a sublease with terms approved by the Landlord; or an assignment of this Lease in a form that is approved by the Landlord.
Unless expressly stated otherwise in an assignment or sublease, the Tenant will not be released from the Tenant's obligations under this Lease because of an assignment or sublease. An assignment of this Lease or a sublease of this lease without the Landlord's written consent is voidable by the Landlord.
Any person who is the prevailing party in any legal proceeding brought under related to the transaction that is described in this Lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all costs of the legal proceeding from the non-prevailing party.
Tenant's statements in this Lease and any application for rental are material representations. Each party to this Lease represents that he or she is of legal age to enter into this contract. If the Tenant makes any misrepresentation in this Lease or in an application for rental, the Tenant is in default of this Lease.
Incorporated into this Lease are the following exhibits and other information: Inventory and Condition Form; and Pet Agreement.
There are no oral agreements between the Landlord and the Tenant. This Lease contains the entire agreement between the Landlord and the Tenant and may not be changed except by written agreement. This Lease is binding upon to the parties to this Lease and their respective heirs, executors, administrators, successors, and permitted assigns. All the Tenants are jointly and severally liable for all provisions of this Lease. Any actor or notice to refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all the Tenants executing this Lease. The Landlord's past delay, waiver, or non-enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this Lease. Should a court find any clause in this Lease unenforceable, the remainder of this Lease will not be affected an all other provisions in this Lease will remain enforceable.
Any future inquiries about this Lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for the Landlord. It is the Tenant's responsibility to determine before signing this Lease if all services (i.e. utilities, connections, schools, and transportation) are accessible to or from the Property and those services are sufficient for the Tenant's needs and wishes and that the Tenant is satisfied with the Property's condition. The broker to this Lease has no current knowledge of whether the Landlord is delinquent in the payment of any lien against the Property. Any unpaid rent and any unpaid amount under this Lease are reportable to all credit reporting agencies. The Landlord is not obligated to respond to any requests for the Tenant's rental and payment history from a mortgage company or other prospective landlord until the Tenant has given notice of termination of this Lease and the Tenant is not in breach of this Lease. The Landlord or agent may charge a reasonable fee fro processing such information.
If all occupants over the age of eighteen die during this Lease the Landlord my then permit the person named below to access the Property at reasonable times in the Landlord's or agent's presence and permit the named person to remove the Tenant's personal property and refund the security deposit, less any deductions to the named person.
The Landlord's insurance does not cover the Tenant from loss of personal property. The Landlord recommends that the Tenant obtain insurance for casualties such as fire, flood, water damage, and theft.
This Lease is negotiable between the parties. This Lease is binding upon final acceptance. Please read it carefully. If you do not understand the effect of this Lease, then consult your attorney before signing.
This contract shall be governed by the laws of the State of _____ in _____ County and any applicable Federal Law.
Signature of the Tenant
Signature of the Owner