LANDLORD AND TENANT LEASE AGREEMENT TEMPLATE

This Agreement is entered into by [Landlord.FirstName][Landlord.LastName] (“Landlord”) and [Tenant.FirstName][Tenant.LastName] (“Tenant”) and outlines the rights and obligations of both parties relating to rental of property at the following address — property (“Rental Property”).

Landlord and Tenant are collectively referred to in this Residential Landlord-Tenant Agreement as the “Parties.” Both Parties have had an opportunity, before signing this document, to fully review it and consult with a lawyer, if desired. To the best of their understanding, this document accurately and fully describes the expectations and agreements between the Parties relating to the property for the duration of this Residential Landlord-Tenant Agreement.

1. IDENTIFICATION OF THE PREMISES

Landlord owns, or has authority to rent, the premises located at property which will be referred to in this Residential Landlord-Tenant Agreement as the “Rental Property.” The Rental Property is intended and/or zoned for residential use only.

2. AGREEMENT TO RENT

According to the terms of this Agreement, Tenant agrees to rent the Rental Property from the Landlord for residential use, together with the following furnishings and/or appliances listed herein. Rental of the premises also includes the following ancillary use (list other use(s) and access areas available to Tenant).

3. TERM OF TENANCY

The term of rental will start on (start date) and continue through (end date).

4. INABILITY TO TAKE OR DELIVER POSSESSION OF RENTAL PROPERTY

If the Tenant is unable to take possession of the Rental Property premises, or vacates the Rental Property before the end of the term of tenancy, Tenant will still be responsible for paying any outstanding amounts owed and/or the remainder of the rental payments in order to comply with the terms of this Agreement.

If Landlord is unable to deliver possession of the Rental Property premises for any reason outside of the control of the Landlord (for example, destruction of the building due to natural disaster), Tenant will have the right to terminate this Agreement upon written notice to the Landlord, and Landlord’s sole responsibility will be to return sums paid by Tenant for periods of time when Landlord is unable to deliver possession of the premises.

5. MONTHLY RENT PAYMENTS

Tenant will pay Landlord monthly rent of ($Amount), payable in advance no later than the first day of every month of the term of this Agreement. For the period from Tenant’s move-in date through the end of the month, Tenant will pay Landlord prorated monthly rent in the amount of prorated rent, which will be paid before Tenant moves in.

Payment of rent must be received by the Landlord at the following address [Landlord.StreetAddress][Landlord.Country][Landlord.State][Landlord.PostalCode]​, no later than the due date.

Rent payments may be made by personal check, money order, or cashier’s check, and made payable to [Landlord.FirstName][Landlord.LastName]. The details of the payment schedule are as follows:

6. LATE FEES

If Tenant fails to pay the rent in full before the end of the first day of the month, Tenant will also be required to pay the Landlord a late charge of ($Amount), plus a daily late charge of ($Amount) for each additional day that the rent remains unpaid. The total late charge for any one month will not exceed the maximum of ($Amount).

7. RETURNED CHECK FEES

If any check for rent payment is returned for insufficient funds, a “stop payment,” or any other reason, Tenant will pay Landlord a returned check charge of ($Amount), as well as any late fees that accrue., as well as any late fees that accrue.

8. LIMITATIONS ON USE OF THE PREMISES

The Rental Property is to be used only as a private residence for Tenant and the following minor children (list number of minor children). Occupancy by guests for more than one week is prohibited without Landlord’s written consent.

Tenant, minor children identified herein, and guests or invitees, will not use the Rental Property for any illegal or nuisance activity, including, though not limited to, disturbing the peace and quiet enjoyment of the neighbors, possession or use of illegal substances. Tenant shall be responsible to the Landlord for the actions of Tenant’s guests and invitees. Tenant bears full responsibility for any and all property damage caused by Tenant, minor children, and/or any of Tenant’s guests.

9. PETS

No pets of any kind, other than for assistance with a physical handicap of Tenant or the minor children identified above, are allowed without prior, written consent from the Landlord. The Landlord may deny consent for any reason, or require a pet security deposit in the amount of ($Pet.Deposit).

Landlord hereby consents to the following pet(s) being kept in the Rental Property (list number of pets and type(s)).

10. WATERBEDS

Waterbeds are not permitted without separate, written consent from the Landlord and providing proof of rental insurance covering any damages caused by said waterbed.

11. ALTERATIONS OR REPAIRS

Tenant is not permitted to make any repairs or alterations to the Rental Property, or any appliances or fixtures therein, without prior consent from the Landlord. This includes painting the premises or all other prohibited alterations.

12. KEYS

Keys to the Rental Property belong to the Landlord and will be returned by Tenant to Landlord at the end of the tenancy. The Tenant will not modify or rekey any locks to the Rental Property, nor make any duplicate keys. In the event of the need for replacement keys or new locks, Tenant will request them from the Landlord.

13. GROUNDS FOR TERMINATION

If the Tenant fails to comply with the terms of this Agreement, or misrepresents any material fact on Tenant’s rental application, this Agreement can be terminated by the Landlord, with appropriate notice to Tenant and procedures required by law.

14. ASSIGNMENT AND SUBLETTING

Tenant may not assign this Agreement or sublet the Rental Property to anyone else without the advance written consent of the Landlord.

15. SECURITY DEPOSIT

Upon signing this Agreement, Tenant will pay the Landlord a security deposit of ($Security.Deposit). This security deposit cannot be treated by Tenant as payment of the last month of rent or any other amounts due to the Landlord. Landlord shall keep security deposit funds in a trust account for the duration of the tenancy.

Within 30 days of the Tenant vacating the Rental Property, returning keys to the Landlord and providing a forwarding address, Landlord will refund to Tenant the security deposit, less any amounts due from Tenant to Landlord for any of the following items: unpaid rent, unpaid late charges, cost of repair or cleaning above and beyond the ordinary wear and tear on the Rental Property. Landlord will provide Tenant with an itemized written statement of any funds withheld within this same time period.

16. UTILITIES AND MAINTENANCE RESPONSIBILITIES

Tenant is responsible to pay all utility bills except (list any included utilities), which will be paid by the Landlord. Tenant is required to provide utility services necessary to maintain the premises under the terms of this Agreement.

Tenant and Landlord will conduct a walk-through of the Rental Property before Tenant moves in to examine the premises. Tenant will examine the Rental Property, including appliances, fixtures, carpets, paint, etc., and will sign off on Rental Property to be safe and in clean condition and without need of any repair unless otherwise noted in writing to the Landlord within the first week of moving into the premises.

Tenant is responsible to keep the Rental Property clean, sanitary, and in good condition, and other than ordinary wear and tear, return the Rental Property to Landlord in the same condition as at the beginning of the lease.

Tenant is required to promptly notify Landlord of any dangerous conditions or defects found in the Rental Property, or arising during the term of this Agreement, whether pre-existing, caused by Tenant, minor children (if any), or guests, and whether negligently or intentionally caused.

17. INSURANSE

Tenant is required to obtain and maintain, at Tenant’s expense, renter’s insurance that will cover bodily injury, personal injury, and property damage, occurring on the Rental Property. Tenant will provide proof of this insurance coverage to Landlord.

18. RIGHTS OF ACCESS

Landlord and Landlord’s agents are permitted to access the Rental Property in the event of an emergency without prior notice. Otherwise, Landlord and Landlord’s agents are permitted to access the Rental Property with at least (number of days) advance notice for access at reasonable times during the day for the following purposes: an annual inspection to check for safety or maintenance problems and evaluate the overall condition of the Rental Property, to make repairs and/or improvements, or to show the Rental Property to prospective buyers or tenants when the lease is set to expire.

Notice of intent to access the Rental Property will be given in writing posted on or under the front door of the Rental Property.

19. EXTENDED ABSENCE

Tenant will notify Landlord if Tenant will be away from the Rental Property for an extended period of time (for more than one week at a time), and Landlord may enter the Rental Property from time to time to perform necessary maintenance or upgrades to the Rental Property during that time.

20. NOTICES

If not specified otherwise above, any notices required under this Agreement will be served on the other party at the following:

21. TERMINATION OF TENANCY

When the tenancy under this Agreement ends, Tenant will be required to do the following: empty and clean the Rental Property such that it is clean, sanitary, and good condition, subject only to ordinary wear and tear, return all keys to Landlord, and provide Landlord with a forwarding address for purposes of return of security deposit or other necessary communications.

22. ADDITIONAL PROVISIONS

Additional provisions to this Agreement are the following:

23. DISCLOSURES

According to law, Landlord is required to provide Tenant with the following disclosures: These disclosures are attached to this Agreement and must be signed at the same time as executing this Agreement.

24. APPLICABLE LAW

This Agreement will be interpreted and governed by the laws of (Rental.Property.County), (Rental.Property.State), and the court location for any dispute over this Agreement to be adjudicated will be the same.

In the event of a dispute between the Parties arising under this Agreement, the Parties will first make good faith efforts to discuss the dispute in person and attempt to reach resolution before taking the dispute to court.

25. SEVERABILITY OF PROVISIONS

Should any portion of this Agreement be held to be illegal, invalid, or unenforceable under the laws of the (Rental.Property.County), (Rental.Property.State), or any other applicable jurisdiction, that provision will be considered ineffective only to that extent, and without invalidating the entire contract.

26. NO WAIVER

No waiver of any term or condition or breach of this Agreement will be binding on either party unless agreed to in writing by the waiving party. The failure of either party to enforce the provisions of the Agreement will not affect the validity of either party’s right to enforce each and every provision at any and all times thereafter.

27. DISPUTES AND RESOLUTIONS

For any disputes occurring between both parties, they may either go through mediation, arbitration, or court litigation to resolve the issue. As highlighted above under APPLICABLE LAW, both parties agree that they will try to settle the dispute amicably amongst themselves before using the help of an arbitrator, or a third party agent, a judge, or a jury.

In case the dispute reaches the court, the judgment of the court will be considered as the final agreement on the matter of the dispute, unless either party goes to a court of a higher authority.

28. CONFIDENTIALITY

Both parties agree to maintain strict confidentiality for any given information that is exchanged, either on-record or off-record, that may or may not come to negatively impact the other party. Confidential information is not information that is readily available to the general public, it is information that has been shared in confidence. Both parties may share confidential information if they have the permission of the other party, or if the information is about any illegal activities.

29. PARKING

The Landlord, with this agreement, also guarantees the Tenant two (2) parking spaces within the apartment building’s premises. The parking space may only be used to park vehicles, as opposed to any other activity, such as working on cars. Guests of the visitor may not use the parking space (however, they can use the visitor parking spaces freely available to the visitors of all tenants). The monthly cost of the parking spaces, if applicable, is listed in the payment schedule.

30. RETURN OF ALL ITEMS

The Tenant agrees to return all items that they have taken from the Landlord, unintentionally or otherwise. Such items shall be returned no more than thirty (30) days from when the lease expires. Items that were given with the permission of the Landlord, sample items, or complimentary food items are also not included in this provision. Vice versa, if the Landlord has taken any items from the Tenant, they too must be returned no more than thirty (30) days from when the lease expires. Failing to do so, the grieving party is liable to compensation of no more than ($Amount), which will be billed to the party at fault.

31. VACATION AND HOLIDAYS

The Tenant agrees that the rent will continue as usual, even if the Tenant is on vacation. The Landlord may, however, at their own discretion, choose to offset amounts of the rent owed for the time period when the Tenant is on vacation.

32. NO MODIFICATIONS UNLESS IN WRITING

If either Party wishes to change any part of this contract, either in part or full, they must let the other Party know in writing. Only if the other Party expressly states their approval of this modification (in writing), then the new provision will be deemed enforceable. No provisions will be deemed valid and enforceable if they do not have the permission of both Parties.

33. RENT-TO-OWN PROVISION

Both Parties agree and understand that this property is not being rented with the intent of renting to own. If both Parties wish to re-evaluate this Agreement to include a rent-to-own provision, the contract shall be modified, or a new contract may need to be created. The Agreement, as is, should not be interpreted as a rent-to-own agreement.

34. UNLAWFUL ACTIVITIES

The Tenant hereby guarantees and assures the Landlord that they will not undertake any unlawful activities, and no activities that may disrupt the peace and health of themselves, their cohabitants, or any of the other property residents. If the Tenant is found engaging in any unlawful activities, the Landlord, depending upon the severity of the illegal activity, and at their own discretion, will either provide a written notice or terminate the contract immediately.

35. BEST EFFORT

The Tenant agrees that they will try their best to keep the peace and harmony inside the Rental Property, with their cohabitants and guests visiting the premises, and other people residing in the building. If there are any issues with any of the aforementioned parties, the Tenant is to inform the Landlord immediately so that all Parties can take reasonable efforts to course correct and/or remedy the situation. The Landlord also agrees to put in their best effort to ensure the Tenant has a comfortable living space.

36. ENTIRE AGREEMENT

This Agreement, including all attachments (if any), constitutes the entire Agreement between the Parties, and supersedes all previous negotiations, agreements, and commitments, whether written or oral, with respect to this tenancy. Any modification of this Agreement shall be in writing and shall be signed by each Party. There are no understandings, representations or warranties except as expressly set forth herein, and no rights are granted except as expressly set forth herein.

37. ACCEPTANCE FORM

Executed by the Parties on the dates indicated below.