David Kerrick is an attorney providing legal and consulting services in the areas of business planning, estate planning, property and civil litigation. This site is intended as a public service to his clients and the internet community.  The material here is presented for educational purposes only and should not be construed as attorney-client advice unless otherwise indicated.  Please consult directly with Mr. Kerrick or a competent attorney licensed in your jurisdiction before acting on any of the information provided on these pages.     HOME

THIS AGREEMENT, Made and entered into this ____ day of ___________, 20__, by and between ______________________________ hereinafter referred to as Lessor, and _________________________________________________________________ hereinafter referred to as Lessee;
 
 

W I T N E S S E T H:

WHEREAS, The Lessor is the owner of certain real property located at _________________, in the City of ___________, State of _________, more particularly described hereinafter; and

WHEREAS, The Lessee desires to rent the property referred to above and more particularly described below; and

WHEREAS, The Lessor desires to rent said property to the Lessee upon the terms and conditions hereinafter enumerated.

IT IS HEREBY SPECIFICALLY COVENANTED AND AGREED By and between the parties hereto as follows:
 
 

PREMISES TO BE RENTED: Lessor hereby agrees to rent to the Lessee that certain real and personal property situated in __________ County, State of _______________, more particularly described as follows:
 
 

RENT: Lessee agrees to pay to the Lessor as rent for the premises the sum of $_________ per month in monthly payments on or before the 1st day of each month. Lessee's first monthly rental payment in the amount of $_________ is to be paid on execution of this agreement. Lessor hereby acknowledges receipt of the first monthly rental payment for the rent payment due the 1st day of _____________, 20___.
 
 

LATE CHARGE: In the event the rental payment is not received on or before the 5th day of the month, a late charge in the sum of $25.00 shall be assessed. Rental payments made by the Lessee after the 5th of the month shall include said late charge.
 
 

SECURITY DEPOSIT: On execution of this agreement, Lessee shall deposit with Lessor the sum of $________, receipt of which is hereby acknowledged, as security for the faithful performance by the Lessee of the terms hereof, with said sum to be returned to the Lessee, without interest, upon the full and faithful performance of the provisions hereof.
 
 

USE OF PREMISES: The premises shall be used and occupied by the Lessee exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time for the purpose of carrying on any business, profession or trade of any kind, or for any purpose other than a private single family residence. Automobiles and other vehicles will not be parked on the lawn. 
 
 

NUMBER OF OCCUPANTS: Lessee agrees that the premises shall be occupied by ___ adult(s), ___ child(ren) and ___ pet(s).
 
 

ASSIGNMENT: The Lessee shall not assign or sublease the premises without the written consent of the Lessor.
 
 

UTILITIES: Lessee shall be responsible for payment of all utilities and services used by Lessee.
 
 

MAINTENANCE AND REPAIR: The Lessee will, at Lessee's expense, keep and maintain the premises in good and sanitary condition and repair. In particular, the Lessee shall keep the fixtures in the premises in good order and repair and shall: keep the grounds free from debris; maintain the yard including mowing, irrigating, etc.; and make all required repairs to the premises which have resulted from the Lessee's use of the premises. If Lessee defaults in this obligation, then Lessor may elect to maintain and repair the premises and Lessee will then be required to reimburse the lessor for any resulting expense incurred. The Lessee is to make good all broken or damaged glass with the same kind and quality now in said premises which may be broken or damaged. Such glass shall be promptly replaced with glass of the same kind and quality at the expense of the Lessee. Lessee shall, at Lessee's expense, provide regular and routine service for all heating and air conditioning equipment.

Major structural repair of the premises not due to the Lessee's misuse, waste or neglect, or that of Lessee's employees, family, agents or visitors, shall be the responsibility of the Lessor. 
 
 

PERSONAL PROPERTY: Included with the premises, the Lessor shall provide the following personal property: __________________________________________. 

Lessee acknowledges having made a full inspection of the personal property and agrees that the same is in good working order. Lessee agrees to maintain the said personal property in good repair at Lessee's expense and shall upon expiration of this agreement surrender the same in as good a state and condition as they were at the commencement of this agreement, normal wear and tear excepted.
 
 

RIGHT OF INSPECTION: Lessor and Lessor's agents shall have the right at all reasonable times to enter the premises for the purpose of examining its condition. The Lessor or Lessor's agents shall be entitled to show the premises for the purpose of re-rental or sale at reasonable times upon appointment with the Lessee. The Lessor shall retain the privilege of displaying the usual "For Sale" or "For Rent" signs on the premises.
 
 

IMPROVEMENTS: The Lessee shall not reconstruct, remodel, change or paint any part or parts of the premises without the written consent of the Lessor.
 
 

DEFAULT: Upon any default in the performance of, or compliance with any of the terms or conditions hereof, the Lessee's interest in the premises, at the option of the Lessor, shall terminate and be forfeited, and the Lessor may re-enter the premises and remove all persons and property therefrom at the risk of the Lessee. Lessee shall be given a written notice of any default or breach, and termination and forfeiture of Lessee's interest shall not result if, within three (3) days of the receipt of such notice, the Lessee has corrected the default or breach, or has taken action reasonably likely to effect such correction within a reasonable time.
 
 

TERMINATION: It is agreed that either party hereto may terminate this agreement and tenancy upon giving to the other party written notice, personally, or by certified mail, of such party's intention to terminate this agreement. Such termination shall take effect thirty (30) days from and after delivery, or receipt of such notice by the other party.
 
 

SURRENDER OF PREMISES: Upon the expiration of this agreement, the Lessee shall quit and surrender the premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear thereof and damage by the elements excepted.
 
 

ENFORCEMENT EXPENSES: The losing party in any court action brought to enforce any of the provisions of or to collect any sums due under the terms of this agreement shall pay to the prevailing party in such action in all trial and appellate courts, a reasonable attorney's fees to be fixed by such court, in addition to the costs allowed by law.
 
 

MODIFICATION: This agreement may not be amended, modified or changed except by a writing signed by all the parties hereto.
 
 

FINAL AGREEMENT: This agreement supersedes all agreements between the parties made prior to the date of the execution of this agreement. All prior contracts and agreements, whether written or oral, heretofore made by the parties hereto, or their agents, are merged into and superseded by this agreement which constitutes the sole and the entire contract between the parties.
 
 

BINDING EFFECT: This agreement shall inure to and be binding upon the parties hereto, their respective heirs, executors, administrators and assigns.
 
 

IN WITNESS WHEREOF, The parties hereto have hereunto set their hands and seals the day and year first above written.