Monthly rent $
Security Deposit $
# of Occupants
Resident Name (s)
COVENANTS AND AGREEMENTS
1. RENT. Resident shall on the first day of each month
pay to Owner or Owner's Agent (if rental agreement executed by agent) in advance the rent set forth above at the address set forth above or other such addresses as Owner may designate in writing). Time being the essence of this Rental Agreement, any rental payment required hereunder shall be deemed delinquent if not received by the first day of each month and late rental payments incur a late charge of $ if received after the fifth day of the month. Such late charge shall be secured by the security deposit provided in this Rental Agreement and by the Owner's lien for rent.
2. TERM. The term of this Rental Agreement shall commence
on and shall terminate on .
Rent from the commencement date through the last day of the calender month in which the commencement date falls shall be prorated and shall be paid together with the first month's rent in advance on .
3. SECURITY DEPOSIT. Resident has deposited with Owner
the Security Deposit set forth above for the
performance of each and every covenant and agreement of the Rental Agreement. Owner shall have the right, but not the obligation, to apply the Security Deposit in whole or in part in payment of any unpaid rent or other amounts due because of an unperformed covenant or agreement by Resident. Resident's liability is not limited to the amount of the Security Deposit. On termination of the Rental Agreement and full payment of all amounts due and performance of all of Resident's covenants and agreements (including surrender of the Apartment in accordance with this Rental Agreement) the security deposit or any portion thereof remaining unapplied shall be returned to Resident. Prior to vacating any apartment by Resident, the premises must be inspected by the Owner and the Resident. Failure to comply with this covenant by the Resident shall be just grounds for the retention of the entire Security Deposit by the Owner upon proper notification to Resident as required by law.
4. FALSE APPLICATION. The application for the Rental
Agreement and all representations and promises therein
are hereby made a part of this Rental Agreement. Resident represents, warrants and agrees that the information given by Resident in the application is true and material. If such information is false or if there is any misrepresentation, Owner may at Owner's option terminate this Rental Agreement.
5. CONDITION OF APARTMENT: UPKEEP. Resident has examined
the Apartment and acknowledges that the Apartment is in the physical shape and condition as outlined in the "Statement of Apartment Condition" which is attached to this Rental Agreement and made a part hereof. Resident agrees that the execution of this Rental Agreement shall be conclusive evidence of his receipt of the Apartment in good order and repair as set forth in the "Statement of Apartment Condition", except, however, if possession is deferred or delayed beyond the execution of this Rental Agreement, then possession of the Apartment by Resident shall be conclusive evidence of his acceptance of the Apartment in the physical shape and condition as set forth in the "Statement of Apartment Condition". Except as otherwise specified in the "Statement of Apartment Condition", Resident agrees and admits that no representation as to condition or repair has been made by Owner or his agent and that no promise to decorate, alter, repair or improve, either before or at the execution hereof, not contained in the "Statement of Apartment Condition" has been made by the Owner or his agent. In the event any repair or replacement is necessitated by negligence or willful act of Resident, Resident shall on demand (written or oral) reimburse Owner for the costs thereof. Resident shall comply with all responsibilities imposed on Resident by the applicable Municipal Code and other regulations. Resident shall not suffer or commit any waste in or about the Apartment or the Building and shall at Resident's expense keep the Apartment clean and in good order and repair; and in connection with Resident's use and occupancy of the Apartment, Resident shall at all times comply with Statute . On termination of this Rental Agreement, Resident, shall return the Apartment to Owner in like condition, reasonable wear excepted. If Resident fails to keep the Apartment in such condition and repair or comply with Statute , Owner or Owner's agent may enter and put the Apartment in good condition and repair and/or compliance with such statute. On written or oral demand, Resident shall pay Owner the cost of such work.
6. USE OF APARTMENT. The Apartment shall be occupied
solely for the residence purposes by Resident, those other persons listed in the application for this Rental Agreement, and any children which may be born or legally adopted by Resident during the Term. Neither Resident nor any of these persons shall perform or permit any practice that may damage the reputation of or otherwise be injurious to the Building or the neighborhood, or be disturbing to other Residents or increase the rate of insurance on the Building. Household pets may be allowed in the Apartment in accordance with the "Pet Agreement" which by this reference is made a part of this Rental Agreement.
7. ASSIGNMENT, SUBLETTING, ETC. Resident shall neither
sublet the Apartment or any part thereof nor assign his
Rental Agreement nor permit by any act of default of himself or any person any transfer of Resident's interest by operation of law, nor offer the Apartment nor any part thereof for lease or sublease without, in each case, the written consent of Owner. If Owner consents to such transfer, Resident shall not be relieved of any of its obligations under this lease unless expressly release from such obligations in writing by Owner.
8. ABANDONMENT, RELETTING, TERMINATION. In addition to
any rights and remedies which Owner may have at law, if Resident vacates or abandons the Apartment or breaches any covenant or agreement in this Rental Agreement, or upon any voluntary transfer of Resident's interest in the Rental Agreement without Owner's consent or upon any involuntary transfer of Resident's interest in the Rental Agreement, by operation of law such as Resident's bankruptcy or insolvency, at the option of Owner this Rental Agreement shall terminate immediately and Owner may relet the Apartment for such rent and upon such terms and such period as Owner may elect without releasing Resident from any liability under this Rental Agreement. Owner may reasonably reject any prospective new tenant offered by Resident or by others. Owner may let other vacancies in the Building first before reletting or attempting to relet the Apartment. Upon any termination of the Rental Agreement, Resident's right to possession of the Apartment shall immediately terminate and the Apartment shall be immediately surrendered to Owner or the Owner's agent or any such new Resident of Owner. Resident shall on demand pay all deficiencies of the rent on reletting which is not sufficient to satisfy the Rent recommended by the local Board of Realtors, or Real Estate Board. If this Rental Agreement is terminated prior to the expiration date, then in addition to any other rights and remedies available to Owner, Owner shall be entitled to adjust and retain any security deposit provided for paragraph 3 herein on proper statutory notification to Resident. Resident agrees to such retention as liquidated damages under this Rental Agreement.
9. ALTERATIONS, ADDITIONS, FIXTURES, APPLIANCES. Resident
shall make no alterations or additions nor install nor maintain in the Apartment or any part of the Building, interior or exterior, appliances or devices of any kind without in each case the written consent of Owner and on the terms and conditions specified in such written consent. All alterations, additions, and fixtures (including locks and bolts) shall remain as part of the Apartment unless Owner otherwise elects.
10. ACCESS. Owner, Owner's agents and any other person authorized by the same shall at any time have the right of free access during the Term to inspect, repair alter or exhibit the Building or the Apartment for sale, and at any time within ninety (90) days prior to the end of the Term to exhibit the Apartment for rent and affix "For Rent" signs in such places as Owner or Owner's agent shall determine, all without interference of any kind and regardless of consent by Resident or others.
11. WATER, HEATING AND COOLING. Owner shall furnish water for the use of Resident in fixtures provided for such
purpose. Owner shall provide and properly service equipment suitable to heat water and to provide appropriate space heating and cooling in the Apartment.
12. FIRE AND CASUALTY. If the Apartment becomes untenantable by reason of fire, explosion or other casualty, Owner may, at his option terminate this Rental Agreement or repair the Apartment within one hundred twenty (120) days. If Owner does not repair the Apartment within this time, or if the Building is wholly destroyed, the Term hereby created shall cease and determine. If Owner elects to repair the Apartment, the rent shall be abated and prorated from the date of the fire, explosion or other casualty to the date of reoccupancy, provided that during repairs Resident has vacated the Apartment and removed Resident's possessions if required by Owner. The date of reoccupancy shall be the date of notice to Resident that the Apartment is ready for occupancy.
13. EMINENT DOMAIN. If the whole or any part of the Building or the Apartment is taken or condemned by any competent authority for any public use or purpose, the Term of this Rental Agreement shall end upon, and not before, the date when possession of the part so taken shall be required for such use or purpose, and without apportionment of the award. Resident shall have no right to appear and defend in any suit brought by such competent authority and Resident shall have no right in any award. Current rent shall be apportioned as of the date of such termination.
14. SURRENDER OF APARTMENT. At the termination of this Rental Agreement lapse of time or otherwise, Resident shall yield up immediate possession to Owner and deliver all keys to Owner or Owner's agent at the place where rent is payable.
15. HOLDING OVER. If Resident holds over after the end of the term, such tenancy shall be a tenancy from month to month. Resident agrees to notify Owner of his intention to vacate the premises thirty (30) days prior to vacating same, and the failure to give such notice, whether at the expiration of the term or otherwise, shall entitle Owner to rent for one additional month.
16. LEGAL EXPENSES. Resident shall pay to Owner all Owner's costs, expenses and attorney's fees in and about the enforcement of covenants and agreements of this Rental Agreement or the enforcement of any rights and remedies afforded to Owner by statute.
17. RULES AND REGULATIONS. The Rules and Regulations and Pet Agreement attached to this Rental Agreement shall be part of this Rental Agreement. Resident covenants and agrees to keep and observe these rules and regulations. Resident also covenants and agrees to keep and observe such further reasonable rules and regulations as may be required by Owner or Owner's agent for the necessary, proper and orderly care of the Property.
18. BINDING ON HEIRS, ETC. All covenants and agreements in this Rental Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of Owner and Resident, subject to the restrictions set forth in paragraph 7.
19. FURNISHINGS. Such furnishings and appliances as may be supplied to Resident by Owner as set forth in the "Statement of Apartment Condition" shall be available for Resident's use in a normal manner and shall be surrendered at expiration hereof in good condition, ordinary wear excepted. Owner expressly makes no representations and warranties as to the general condition of furnishings and appliances.
(a) The parties hereto agree that all provisions, covenants and agreements of this Rental Agreement to be performed by Resident shall be deemed to be and are "material provisions" of the Rental Agreement.
(b) The parties hereto agree that proper venue for any action brought by either party of this Rental Agreement against the other for the enforcement of the covenants and agreements herein, other than an action for possession of the Apartment shall, unless waived or altered by mutual agreement, be in the court of proper jurisdiction.
(c) In the event any one or more of the provisions contained in this Rental Agreement shall for any reason be held invalid, illegal, unconscionable, or unenforceable in any respect, such invalidity, illegality, unconscionability, or unenforceability shall not affect any other provisions of this Rental Agreement, but this Rental Agreement shall be construed as if such invalid, illegal, unconscionable, or unenforceable provision had never been contained herein.
(d) Resident's obligation to pay rent during the term or any extension thereof or any holdover residency shall not be waived, released, or terminated by the service of any notice, demand for possession, notice of termination of residency, institution of any action, enforceable detainer, ejectment, or for any judgment for possession or any other act or acts resulting in termination of Resident's right of possession.
(e) Except as provided by statute, the payment or
receipt or rent shall not waive or affect any such notice, demand, suit or judgment or in any manner waive, affect, change or modify or alter Owner's rights or remedies. No act by Owner in apparent affirmance of the residency in the termination of this Rental Agreement shall operate as a waiver of the right to terminate this Rental Agreement or operate as an extension thereof, including the acceptance of liquidated damages pursuant to paragraph 10, nor shall the provisions of paragraph 10 affect Owner's right, at his election, to treat Resident as a holdover tenant under the terms of this Rental Agreement.
(f) Except as provided by statute, the acceptance by Owner of rent after it falls due or after knowledge of any breach of this Rental Agreement by Resident or the giving of any notice or making
of any demand or any other act or waiver by Owner other than a specific written waiver or election, shall not be construed as a waiver of any rights of Owner under this Rental Agreement or as an election not to proceed under the provisions of this Rental Agreement.
(g) Owner's rights and remedies under this Rental Agreement are cumulative. The use of one or more thereof shall not exclude or waive any other right or remedy.
(h) Except only as otherwise specifically provided by statute, neither Owner nor Owner's agent shall be liable for damages to Resident or to any persons claiming through Resident (nor shall rent be abated) for damage to or loss of property wherever located from any cause whatever.
(i) Resident's rights under this Rental Agreement and any extensions thereof shall be and are subordinated at all times to any present or
future mortgages on the real estate (or any part of it) on which the Building is situated and to all advances upon the security of such mortgages. Resident shall execute any further instruments required by Owner to effect such subordination and hereby irrevocably appoints Owner (and, if more than one person's name appears as Owner, any one of them) as attorney-in-fact to execute and deliver such instruments in Resident's name.
21. GOVERNING LAW. All matters pertaining to this Agreement (including its interpretation, application, validity, performance and breach), shall be governed by, construed and enforced in accordance with the laws of the State of . The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in County, State of . In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
22. WAIVER BY TENANT. Tenant hereby waives any and all right to assert affirmative defenses or counterclaims in any eviction action instituted by Landlord with the exception of an affirmative defense based upon payment of all amounts claimed by Landlord not to have been paid by Tenant. Any other matters may only be advanced by a separate suit instituted by Tenant.
23. NOTICES. Any notice required to be given under this Rental Agreement or by statute shall be deemed given when delivered to the Apartment, except where by statute an alternative means is required. Any notice
required by this Rental Agreement or by statute to be given to the Owner shall be deemed given by delivery of the written notice in person to Owner, or Owner's agent at the above address.
24. HOLD HARMLESS. Resident shall indemnify and hold
harmless Owner and Owner's agent from and against any loss, damage, injury, claim, demand, costs and expense (including legal expense) arising out of or connected with the Resident's use, operation or condition of the Apartment, or any personal property or equipment or Resident now or hereafter placed, stored, or located therein. Resident further covenants and agrees that as to any liability to any invitee, licensee, or trespasser of the Apartment, that Resident shall be liable to such person for any injury, claim, damage, loss, demand, cost and expense arising out of that person's use, operation, etc. of the Apartment, or the use of any Resident's personality, fixtures or equipment located therein. It is expressly covenanted and agreed between the Owner and Resident that all personal property and equipment of Resident now or hereafter placed, stored or located in the Apartment shall be the sole responsibility and risk of Resident and any damage, loss, theft, or destruction thereof shall be borne solely by the Resident and shall be his sole responsibility.
25. ADDITIONAL AGREEMENTS AND COVENANTS.
IN WITNESS WHEREOF, the parties hereto have executed this
lease on the day of , 19 .