Form updated March 25, 2009
RESIDENTIAL LEASE/RENTAL AGREEMENT
This agreement made this _______ day of (mo.) ________ (yr.)______, is between _____________________
(hereinafter called Management) and ___________________________________ (hereinafter called Resident).
Management leases to Resident, and Resident rents from Management, residential unit located at
_____________________________________________________________________________________
(hereafter called premises), under the following conditions:
1. TERM: The initial term of this lease shall be 1 + year, beginning (mo./day) ________________ (yr.) __________
and ending Noon, (mo./day) _______________ (yr.) __________.
2. POSSESSION: If there is a delay in delivery of possession by Management, rent shall be abated on a daily basis
until possession is granted. If possession is not granted within seven (7) days after the beginning day of initial term,
then Resident may void this agreement and have full refund of any deposit. Management shall not be liable for
damages for delay in possession.
3. RENT: Rent is payable monthly, in advance, at a rate of __________________________________ dollars
($______________), per month, during the term of this agreement on the first day of each month. Tenant agrees
to pay $50 for each dishonored debit or check plus all late fees as assessed in paragraph 4 below. Rent is to be
made payable to __________________________________________________.
4. LATE FEE: Rent checks must be postmarked on or before the 1st of each month. If the rent is postmarked after
the 1st, late fees will apply. There will be a $50 fee for the 1st day late and an additional $10 fee per day until the
rent is paid in full. Do not ask for these fees to be waived, as the answer will be “no”. Resident agrees to pay a
collection fee of $15 any time management or management's agent makes a personal visit to the leased premises or
another agreed location for the collection of any money due management.
5. APPLICATION OF MONEY PAID: All payments by resident(s), by a governmental agency or by anyone else on
behalf of resident(s) shall be first applied in the following order: deposit, damages, utility charges, late fees, any
other charges, past due rent, and then last to current rent.
5. EVICTION: If the rent called for in paragraph 3 hereof has not been paid by the fifth (5th) of the month, then
Management shall automatically and immediately file a wrongful occupancy suit with _______________ County and
have Resident, his/her family and possessions evicted from the premises. In the event that the rent is paid before
the hearing, the tenant shall also be responsible for the costs of filing the suit in addition to the rent and late fees.
6. INDEMNIFICATION DEPOSIT: Management acknowledges receipt of _________________________________
dollars ($______________), as a deposit to be used by Management at the termination of this lease toward
reimbursement of the cost of repairing any intentional or negligent damages to the dwelling unit caused by the
resident(s), his/her family, dependents or guests, unpaid charges, and any rent owed by the resident, including rent
for a vacancy caused by the resident(s) breach of the lease. Deposit will be returned to Resident less a $100
cleaning charge, thirty (30) days after the residence is vacated if:
(a) Thirty (30) day notice was given in writing to management at least 30 days before resident vacated even if
resident vacates at the end of the first year lease
(b) Lease term has expired or agreement has been terminated by both parties; and
(c) All monies due Management by Resident have been paid; and
(d) Residence is clean and is not damaged and is left in its original condition, normal wear and tear expected, and
(e) Management is in receipt of copy of paid final bills on all utilities (gas, electric, water, garbage, and telephone).
(f) All keys are returned to management
(g)Forwarding address is left with management
(h) Deposit will not be returned if Resident leaves before lease time is completed. Deposit may be applied by
Management to satisfy all or part of Resident's obligations and such act shall not prevent Management from claiming
damages in excess of the deposit. Resident may not apply the deposit to any of the rent payment.
The security deposit will be returned in the form of a check and mailed to the forwarding address. The check will be
addressed jointly to all persons whose names appear on the lease. If resident(s) fails to provide a forwarding
address, management will be under no obligation to resident for any deposit.
7. RENEWAL TERM: It is the intent of both parties that this lease is for a period of 12 months. Should this lease be
breached by the Resident, the indemnification deposit shall be forfeited as liquidated damages and the Resident will
owe rent for 30 days after turning into 30 day notice.
8. SUBLET: Resident may not sublet residence or assign this lease without written consent of Management.
9. CREDIT APPLICATION: Management having received and reviewed a credit application filled out by Resident,
and Management having relied upon the representations and statements made therein as being true and correct,
has agreed to enter into this rental agreement with Resident. Resident and Management agree the credit
application the Resident filled out when making application to rent said residence is hereby incorporated by
reference and made a part of this rental agreement. Resident further agrees if he/she has falsified any statement on
said application, Management has the right to terminate rental agreement immediately, and further agrees
Management shall be entitled to keep any security deposit and any prepaid rent as liquidated damages. Resident
further agrees, in event Management exercises its option to terminate rental agreement, Resident will remove him or
herself, his/her family, and possessions from the premises within 24 hours of notification from Management of the
termination of his lease. Resident further agrees to indemnify Management for any damages to property of
Management including, but limited to, the cost of making residence suitable for renting to another Resident, and
waives any right of "set off" for the security deposit and prepaid rent which was forfeited as liquidated damages.
10. FIRE AND CASUALTY: If residence becomes uninhabitable by reason of fire, explosion, or by other casualty,
Management may, at its option, terminate rental agreement or repair damages within 30 days. If Management does
not do repairs within this time or if building is fully destroyed, the rental agreement hereby created is terminated. If
Management elects to repair damage, rent shall be abated and prorated from the date of the fire, explosion, or
other casualty to the date of re-occupancy, providing during repairs, Resident has vacated and removed Resident's
possessions as required by Management. The date of re-occupancy shall be the date of notice that residence is
ready for re-occupancy.
11. HOLD OVER: Resident shall deliver possession of residence in good order and repair to Management upon
termination or expiration of this agreement. The lease may be terminated by either party by giving written notice to
the other at least thirty (30) days prior to the expiration of the original lease or any renewal term thereof. Failure to
give such notice shall constitute an automatic renewal of this lease for the term of one month at the same rental rate
and on the same conditions, requirements and obligations for a period of one month, said month starting on the first
of the month. Occupancy of one or more days of any month makes the resident responsible for the entire months
rent, unless other arrangements have been permitted in writing by management.
12. RIGHT OF ACCESS: Management shall have the right of access to residence for inspection and repair or
maintenance during reasonable hours. In case of emergency, Management may enter at any time to protect life and
prevent damage to the property.
13. USE: Residence shall be used for residential purposes only and shall be occupied only by the persons named in
Resident's application to lease. The presence of an individual residing on the premises who is not a signator on the
rental agreement will be sufficient grounds for termination of this agreement. Residence shall be used so as to
comply with state, county, and municipal laws and ordinances. Resident shall not use residence or permit it to be
used for any disorderly or unlawful purpose or in any manner so as to interfere with other Resident's quiet
enjoyment of their residence.
14. PROPERTY LOSS: Management shall not be liable for damage to Resident's property for any type for any
reason or cause whatsoever, except where such is due to Management's gross negligence. Resident acknowledges
that he/she is aware that he/she is required to obtain any desired insurance for fire, theft, liability, etc. on personal
possessions, family, and guests. Management’s insurance does not cover tenants belonging.
15. PETS: Animals, birds, or pets of any kind shall not be permitted inside the residential unit at any time unless the
prior written approval of Management has been obtained. You will be evicted for having pets without prior written
approval!
16. INDEMNIFICATION: Resident releases Management from liability for and agrees to indemnify management
against losses incurred by Management as a result of (a) failure to fulfill any condition of this lease; (b) any damage
or injury happening in or about residence or premises to Resident’s invitees or licenses or such person’s property;
(c) Resident’s failure to comply with any requirements imposed by any governmental authority; and (d) any
judgment, lien, or other encumbrance filed against residence as a result of Resident’s action.
17. FAILURE OF MANAGEMENT TO ACT: Failure of Management to insist upon compliance with the terms of this
agreement shall not constitute a waiver of any violation.
18. REMEDIES CUMULATIVE: All remedies under this agreement or by law or equity shall be cumulative. If a suit
for any breach of this agreement establishes a breach by Resident, Resident shall pay to Management all expenses
incurred in connection therewith.
19. NOTICES: Any notice required by this agreement shall be in writing and shall be delivered personally or mailed
through the US Postal Service.
20. REPAIRS: Tenant hereby agrees to be responsible for and pay to management any damages to said premises
outside those resulting from normal wear and tear. Management will make necessary repairs to the home with
reasonable promptness after receipt of written notice from resident. Resident shall keep premises in a safe, clean,
and sanitary condition. Resident may not make changes to the home, paint, or remove any fixture without written
permission from Management. Examples of tenant responsibilities include but are not limited to broken windows,
broken mirrors, clogged pipes and repairs to heating & cooling due to not changing filter monthly as required.
21. ABANDONMENT: If Resident removes or attempts to remove property from the premises other than in the usual
course of continuing occupancy, without having first paid Management all monies due, residence may be considered
abandoned, and Management shall have the right without notice, to store or dispose of any property left on the
premises by Resident. Management shall also have the right to store or dispose of any of Resident’s property
remaining on the premises after the termination of this agreement. Any such property shall be considered
Management’s property and title thereto shall vest in Management.
22. CRIMINAL ACTIVITY: Management will terminate tenancy and evict tenants for engaging in a criminal activity
regardless of whether the person has been arrested or convicted for such activity and without satisfying the
standard of proof used for a criminal conviction.
23. BUGS AND RODENTS: In the event that bugs and/or rodents are observed, management is to be notified
immediately. Management will spray the unit with an over-the-counter type spray not required to be licensed in
order to buy or use. Owner shall provide traps in the event of a mouse problem. In the event that the tenant has
contributed to a bug or rodent problem due to improper sanitation or other issues, tenant will be responsible for the
cost of eradication of bugs and/or rodents.
24. LOCKOUTS: There is a $25.00 lockout fee for management to let resident into premises for 9 am to 5 pm
Monday - Friday, excepting Holidays, and $50 for after these hours, Saturdays, Sundays and Holidays. This fee is
$5 if resident picks up key from management.
23: MORTGAGEE’S RIGHTS: Resident’s rights under this lease shall at all times be automatically junior and subject
to any deed to secure debt which is now or shall hereafter be placed on premises of which residence is part; if
requested, Resident shall execute promptly any certificate that Management may request to specifically implement
the subordination of this paragraph.
24. LIABILITIES OF ALL PARTIES: If more than one person signs this lease, the liability of all parties shall be joint
and several meaning that each resident is liable for the entire rental payment and all other obligations in this lease
agreement. In the event at Management sues the resident(s) for any reason, including nonpayment of rent, all
those either signing the lease or living in the premises will be named as defendants.
25. EXPENSES: Expenses are never to be deducted from the rent. Rent is to be paid in full and on time. Expenses
and reimbursements are always to be handled as separate transactions unless prior arrangements have been made.
26. LIST OF RESIDENTS AND AGES:
______________________________________________________________________________________
27. ADDITIONAL AGREEMENTS:
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
28. ENTIRE AGREEMENTS: This agreement and any attached addendum constitute the entire agreement between
the parties and no oral statements shall be binding. It is the intention of the parties herein that if any part of this
rental agreement is invalid, for any reason, such invalidity shall not void the remainder of the rental agreement.
________________________________ _______________________________
signature of property manager signature of tenant
________________________________ _______________________________
print print
_______________________________
signature
________________________________
print
Rent payable to: _______________________________________________________________
Address to Send Rent: _______________________________________________________________
_______________________________________________________________
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