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REAL ESTATE LEASE
This Lease Agreement (this "Lease") is made effective as of __________________, by and between _________________________ ("Landlord"), and _________________________ ("Tenant"). The parties agree as follows:
PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant _________________________ (the "Premises") located at _________________________, _________________________, ___ __________.
TERM. The lease term will begin on __________________ and will terminate on __________________.
LEASE PAYMENTS. Tenant shall pay to Landlord monthly payments of $0.00 per month, payable in advance on the first day of each month, for a total annual lease payment of $0.00. Lease payments shall be made to the Landlord at _________________________, _________________________, ___ __________, which may be changed from time to time by Landlord.
LATE PAYMENTS. Tenant shall pay a late fee equal to $0.00 for each payment that is not paid within ___ days after its due date.
NON-SUFFICIENT FUNDS. Tenant shall be charged the maximum amount allowable under the applicable law for each check that is returned to Landlord for lack of sufficient funds.
SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $0.00 to be held and disbursed for Tenant damages to the Premises (if any) as provided by law.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing.
USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence.
MAINTENANCE. Landlord shall have the responsibility to maintain the Premises in good repair at all times except _________________________.
ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent.
UTILITIES AND SERVICES. Landlord shall be responsible for all utilities and services in connection with the Premises.
PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises.
TAXES. Landlord shall pay all real estate taxes and personal taxes which may be levied against the Premises.
DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are damaged or destroyed by fire or other casualty to the extent that enjoyment of the dwelling unit is substantially impaired, Landlord, in its sole discretion may elect to repair the Premises or terminate the Lease upon thirty days’ written notice to the Tenant. If the Premises are condemned or cannot be repaired, this Lease will terminate upon twenty days’ written notice by either party.
DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provision of law to the contrary, if Tenant fails to cure any financial obligation within three (3) days (or any other obligation within fourteen (14) days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord’s rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant’s financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant’s defaults. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent".
HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed lease payments are fair and reasonable. If the condition changes so that, in Tenant's opinion, the habitability and rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to Landlord.
PETS. No pets shall be allowed on the Premises.
ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld.
TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon sixty (60) days' written notice to Tenant that the Premises have been sold.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, and addressed to the party at the appropriate address, set forth above. Such address may be changed from time to time by either party by providing notice as set forth below.
LANDLORD:
Name: _________________________
Address: _________________________
_________________________, ___ __________
TENANT:
Name: _________________________
Address: _________________________
_________________________, ___ __________
ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of _________________________.
SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises.
LANDLORD:
_________________________
____________________________________________________
_________________________
TENANT:
_________________________
____________________________________________________
_________________________
Tenant has inspected the Premises and states that the Premises are in satisfactory condition, free of defects, except as noted below:
SATISFACTORY COMMENTS
Carpeting ______ _______________________________
Walls ______ _______________________________
Walls ______ _______________________________
Window coverings ______ _______________________________
Stove ______ _______________________________
Refrigerator ______ _______________________________
Dishwasher ______ _______________________________
Disposal ______ _______________________________
Screens ______ _______________________________
Windows ______ _______________________________
Bathrooms ______ _______________________________
Closets ______ _______________________________
Ceilings ______ _______________________________
Doors ______ _______________________________
Locks ______ _______________________________
Fire place ______ _______________________________
Lights ______ _______________________________
________________ ______ _______________________________
________________ ______ _______________________________
_______________________________
Date
Tenant:
____________________________________________________
_________________________
Acknowledged by Landlord:
____________________________________________________
_________________________
DISCLOSURE OF INFORMATION ON LEAD-BASE-PAINT
AND/OR LEAD-BASED HAZARDS
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed property. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on poisoning prevention.
Landlord's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below):
(i) __X__ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). _________________________
(ii) _____ Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the landlord (Check (i) or (ii) below):
(i) __X__ Landlord has provided the tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). _________________________
(ii)_____ Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Tenant's Acknowledgment (initial)
(c) _____ Tenant has received copies of all information listed above.
(d) _____ Tenant has received the pamphlet Protect Your Family from Lead in Your Home.
Agent's Acknowledgment (initial)
(e) _____ Agent has informed the landlord of the landlord's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
________________ ____________ _________________ ____________
Landlord Date Co-Landlord, if any Date
________________ ____________ _________________ ____________
Tenant Date Co-Tenant, if any Date
________________ ____________ _________________ ____________
Agent, if any Date Additional Agent, if any Date