SAMPLE Lease Agreement
This agreement, made on April 2, 2009, between and ________________________________
YOUR NAME HERE
ANY STREET
TOWN, PA 18042
as Tenant(s)/Resident(s), witnesses that the Landlord has agreed to LET to the Tenant, and the Tenant has agreed to TAKE from the Landlord for the term to commence 04/01/2010 and to end 03/31/2012. Upon expiration, this lease shall become a month-to-month lease agreement automatically.
CHARGES: A $35 late charge applies to rent received after 1 PM on the first day of the month, regardless of weekends or holidays. A $35 returned check charge applies to bounced checks. If the tenant’s rent is past due and the landlord exercises his legal right to seek a judgment against the tenant in court, a $200 broken lease fee, which will be considered rent, shall be charged in addition to court costs, late fees and rent due. The tenant is responsible for any standard collection, court or legal fees.
UTILITIES & APPLIANCES:
List of utilities or other charges the landlord or tenant will pay and who is responsible for what appliances:
Heat L T NA Water/Sewer/Garbage L T NA Refrigerator L T NA
Electric L T NA Lawn Care L T NA Stove L T NA
Gas L T NA Snow Removal L T NA Dishwasher L T NA
Renters Insurance L T NA Property Ins/Taxes L T NA
Unless otherwise stated, this Rental Agreement does NOT include any appliances. Appliances that are located on the premises are there solely at the convenience of the Landlord, who assumes no responsibility for their operation. While on the premises, Residents are free to use them; however, Residents do so at their own risk. In the event appliances fail to function, Landlord is not liable for repair or damages. If Residents wish, at any time they may request that the appliances be removed. Landlord will dispose of them at his/her expense.
SECURITY DEPOSIT:
1. The amount of the security deposit is $900.00.
2. The tenant cannot use the security deposit to pay rent.
3. The landlord can use the security deposit for unpaid rent and damages that are the tenant’s responsibility beyond normal wear and tear.
4. When the tenant moves out, the landlord will prepare a list of charges for damages and any un-paid rent. The landlord can deduct these charges, if any, from the security deposit and will return the balance within 30 days. The tenant must give the landlord written notice of the tenant’s new address or make other arrangements with the landlord for the return of the security deposit.
5. Nothing in this lease shall in any way prevent Landlord's right to recover any sum due it in excess of the security deposit.
INSURANCE: The tenant must carry “tenant homeowner's insurance” or “renter’s insurance” with minimum liability coverage of $100,000. This must include personal liability insurance, which protects the tenant, personal contents and additional living expense. Proof of insurance must be furnished to the landlord. The Landlord’s insurance does not cover tenant’s property.
ADDITIONAL RESIDENTS: Persons other than those specifically listed on the Lease Agreement shall be strictly prohibited from staying in the rental unit for more than 7 consecutive days, or a total of 20 days in any 12 month period. For purposes of this section, “staying in the rental unit” shall include, but not be limited to, long-term or regular house guest, live-in babysitters, and visiting relatives. Resident shall notify the Landlord in writing any time the Resident expects any guest will be staying in excess of the time limits in this paragraph. Additional resident cannot occupy the premises without first being approved by the Landlord and are subject to full screening procedures. If additional residents are accepted, this is also subject to additional rent and security deposit being required. Unauthorized residents are a violation of this agreement and are grounds for termination.
ASSIGNMENT and SUBLETTING: Resident will not sublet or re-let any part of the premises or assign this Agreement without prior consent of the Landlord.
USE of PREMISES: The premises shall be used as a dwelling unit and for no other purposes. Resident accepts the dwelling “as is”, having already inspected it. Resident shall use, in a reasonable manner, all facilities, utilities, and appliances on the premises and shall maintain the premises and facilities in a clean and sanitary condition at all times, and upon termination of the tenancy shall surrender the premises in as good conditions as when received, ordinary wear and tear and damage by the elements excepted. The rental unit is for tenant owned property only. Any property in the rental unit at any time is considered tenant property and not property of any friend, family member or any other person.
BASEMENTS AND GARAGES: In the event the dwelling has a basement or garage, use of the basement or garage is not included in the rent, nor shall it be considered living space. Any use of the basement or garage shall be at Tenant's own risk. Tenant agrees to be responsible for maintaining these areas properly, including using a dehumidifier in the basement to minimize moisture.
PLUMBING: Expense or damage caused by stoppage of waste pipes or overflow of bathtubs, toilets, or washbasins caused by Resident’s conduct shall be Resident’s responsibility. If Resident is responsible for the water bill then Resident is also responsible for all water leaks, known and unknown, and is responsible for the resulting charge by the water company. The Resident is responsible for either stopping the leak by turning the water off, fixing the leak, or immediately contacting Landlord.
PAINTING: Painting done by resident must be repainted to Landlord's original colors prior to vacating or a repainting charge will apply.
LOCKS: Locks may not be changed or added without the Landlords prior written permission. If permission is granted, a copy of any new keys will be given to the Landlord within three days after the change. If Resident is locked out of the premises there is a $15 charge to open the premises between the hours of 8AM and 5PM and $30 after 5PM. Additional charges apply if a key is lost and locks must be changed.
CODES: To comply with all obligations imposed upon Resident by applicable provisions of building and housing codes materially affecting health and safety and shall use the property for residential purposes only. Grass must be cut weekly. Snow must be shoveled within 24 hours after falling and salt or sand applied to ice on walkways.
ACCESS: Landlord shall have the right to enter the premises in order to inspect the premises, make necessary or agreed repairs or improvements, To permit the Landlord entrance to the dwelling for the purpose of performing periodic inspections, routine maintenance, for making improvements or repairs, or to show the premises for releasing.
PETS: Resident agrees not to harbor any dog or no more than 2 cats or any other pet unless listed on this lease. At no time may resident have any pure or mixed breed of German Shepherd, Doberman Pincher, American Staffordshire, Rottweiler or Terrier (Pit Bull) dog.
CONDUCT: Resident, family, and guests shall not make or allow unreasonable noise or sound. Resident and/or guests shall not disturb other Residents’ peaceful enjoyment of the premises. Disorderly conduct will result in a notice to vacate the premises and termination of this agreement. In addition, Residents are responsible for all actions and damages caused by Residents’ guests. Complaints from neighbors, other tenants, police, city officials or anyone else about noise, late night (after 10:00 pm) activities, or any other nuisances are considered a violation of this lease. Resident, occupants, guests, family members, or other persons related to or affiliated in any way with the Resident shall not engage in any unlawful activity. In the event that any of these parties violate this provision, Resident shall be subject to termination of lease and immediate eviction.
DAMAGE: The tenant will notify the landlord promptly if any part of the property is damaged or destroyed. The tenant is responsible for any damage or destruction done to the property by his actions or negligence, or by the actions or negligence of his family or guests. The tenant must make all repairs and replacements to fix such damage or destruction. If the tenant fails to do so, the landlord may do it and bill the expense to the tenant. The Landlord is not responsible for any inconvenience or interruption of services due to improvements, repairs or for any reason beyond the Landlord's control. Tenant must maintain the heat in the winter to avoid frozen pipes and shall be responsible for damages if frozen pipes occur as a result of inadequate heat.
PARTIAL PAYMENTS: The tenant’s promise to pay the rent is separate from all other promises in this lease. The tenant agrees to pay the full rent each month. Payment or receipt of a rental payment of less than the amount stated in the lease shall be deemed to be nothing more than partial payment on that month’s account. Under no circumstances shall Landlord’s acceptance of a partial payment forfeit Landlord’s right to collect the balance due on the account, despite any endorsement, stipulation, or other statement on any check. Any modification to this lease must be made in a letter signed by the Landlord, in which the Landlord states and agrees to the modification. The Landlord may accept any partial payment check with any conditional endorsement without prejudice to his/her right to recover the balance remaining due, or to pursue any other remedy available under this lease. In the event that the tenant should break this lease, the unpaid rent for the remainder of this lease will become immediately due and owing to the landlord.
LANDLORD RIGHTS
1. The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants in this agreement, shall not be deemed a waiver of any rights or remedies that the landlord may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants of this agreement.
2. The tenant gives up his right to receive notice before the landlord begins with an eviction.
3. If the tenant fails to pay any one month’s rent on or before the due date, or the tenant breaks any other provision in this lease, the landlord may end this lease immediately and file a lawsuit to evict the tenant.
4. Besides ending this lease and evicting the tenant, the landlord can sue the tenant for unpaid rent, other damages, losses or injuries. If the landlord gets a judgment for money against the tenant, the landlord can use the court process to take the tenant’s personal goods, furniture, motor vehicles and money in banks. The landlord may also be able to attach the tenant’s wages to recover money for damages done to the property.
5. The landlord may recover reasonable legal fees and collection costs from the tenant for any legal actions relating to the payment of rent or the recovery of the property.
ABANDONMENT The property will be considered abandoned by the tenant if:
1. The tenant gives the landlord notice that he will not return to the property;
2. The tenant removes his personal belongings from the property, fails to pay the rent, and does not return for 15 days;
3. The tenant fails to pay the rent and does not return to the property for one month; or
4. The tenant leaves personal belongings in the property after the end of the lease.
5. If the tenant abandons the property, the landlord may enter and re-let the property. In this case, the landlord may also remove and dispose of any personal property left behind by the tenant.
PRIORITY OF LEASE & SALE OF PROPERTY
If the landlord sells this property, the purchaser can end this lease. All mortgages that now or in the future affect the property have a priority over this lease.
DEFAULT
If default shall be made in the payment of any part of the said rent after the same becomes due, or in the case of a breach or evasions or any attempt to break any of the covenants or conditions of the agreement, the entire rent reserved for the full term of this lease remaining unpaid shall become due and payable at once and may fore with be collected by distress or otherwise and at the same time the Landlord may forfeit and annul the expired portion of the lease and enter upon and repossess the said premise with or without process of law, and without giving any notice whatsoever.
LEAD BASED PAINT NOTICE
a) The Federal Environmental Protection Agency requires all landlords who wish to rent property built before 1978 to give Tenant a Lead Based Paint Pamphlet. This Pamphlet explains that young children and pregnant women who are exposed to lead hazards may experience serious health problems. It also explains the physical and mental damage to young children exposed to lead paint and/or lead hazards.
b) Landlord is required to tell Tenant if the property contains or does not contain any lead-based paint. If Landlord does not know if lead-based paint is present, Tenant may hire a certified lead paint inspector, at Tenant’s expense, to inspect the property. Tenant will supply Landlord before inspection the name of the inspection company.
c) The lead-based paint inspection must happen within five days of moving in and the written results returned within ten days. Tenant gives permission to have the inspection results given to Landlord in writing.
d) Tenant has two choices if lead-based paint or lead hazards are present:
1) Tenant may end lease by notifying Landlord in writing within two days of receiving the inspection results. Tenant agrees to move out of the leased property within 90 days of the starting date of the lease.
2) Tenant may continue the lease and agrees not to hold Landlord responsible for any future health problems due to lead-based paint or lead hazards.
e) Tenant acknowledges receiving the Lead Based Paint Pamphlet by signing this lease.
MOLD AND MILDEW. You acknowledge that it is necessary for you to maintain appropriate climate control, keep your dwelling unit clean, and take necessary measures to retard and prevent mold from accumulating in the dwelling unit. You agree to clean and dust the dwelling unit on a regular basis and to remove visible moisture accumulation on windows, window sills, walls, floors, ceilings and other surfaces as soon as reasonably possible. You agree not to block or cover any heating, ventilation or air-conditioning ducts. You also agree to report immediately in writing to us: (i) any evidence of a water leak or excessive moisture in the dwelling unit, common hallways, storage room, garage or other common area; (ii) any evidence of mold that cannot be removed with a common household cleaner; (iii) any failure or malfunction in heating, ventilation or air conditioning, and (iv) any inoperable doors or windows. You further agree that you shall be responsible for damage to the dwelling unit and your personal property as well as any injury to you and all occupants of the dwelling unit resulting from your failure to comply with the terms of this Mold Addendum.
1. VIOLATION OF RULES. If you or any occupant violates any rule or provision of this Mold Addendum (based upon our judgment) it shall be considered a material default under the terms of the Lease Contract. Upon written notice from us, you must immediately comply with all rules and provisions of this Mold Addendum. We also have all other rights and remedies set forth in the Lease Contract, including damages, eviction, and attorneys' fees to the extent allowed by law.
2. LIABILITY FOR DAMAGES, INJURIES, CLEANING, ETC. You and all tenants under the Lease contract are fully responsible and liable for the entire amount of all cleaning expenses incurred by us to remove mold from the dwelling unit as well as all damages to the dwelling unit caused by mold. We-not you-will arrange for these services. If a part or parts of the dwelling unit cannot be satisfactorily cleaned or repaired, you must pay for us to replace them completely. Payment for damages, repairs, cleaning, replacements, etc. are due immediately upon demand.
3. GENERAL. This Mold Addendum is considered part of the Lease Contract described above. In the event of any conflict between the terms of this Mold Addendum and the terms of the Lease Contract, the terms of this Mold Addendum shall control.
4. Please note: In this section of Mold & Mildew, the terms "you" and "your" refer to all tenants listed above and all occupants or guests; and the terms "we," "us," and "our" refer to the landlord or agent named in the Lease Contract (not to the property manager or anyone else). In this document, all references to the term mold shall be deemed to include all forms of mold and mildew as well
as similar growths.
SMOKE DETECTORS.
All of the smoke detectors installed at this property are operable at the time of move-in. You as the tenant agree that these smoke detectors are operable. In order to keep them operational, from time to time you must maintain these smoke detectors by replacing the batteries on an as needed basis, unless they are wired into the electrical circuitry. All fresh batteries are your responsibility. Each unit should be tested on a monthly basis. If you have any questions or problems with any smoke detector after you have checked the battery, it is your responsibility to promptly notify the landlord or property manager to assure the early detection of fire or smoke offered by these devices. Your cooperation is essential.
In witness whereof, the parties to this agreement have hereunto set their hands and seals, the day and year first above written.
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Landlord Date
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Tenant Phone #
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Driver's License # (attach copy) Social Security #
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Tenant Phone #
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Driver's License # (attach copy) Social Security #