Comprehensive lease adaptable for business or residential purposes.
This lease made in _________, state of _________, _________[date], between _________, of _________, as lessor, and _________, of _________, as lessee, witnesses:
Lessor, for and in consideration of the agreements of lessee mentioned below, hereby leases to lessee, and lessee hereby leases from lessor, the premises [or as the case may be] located at _________, state of _________,described as follows: _________, excepting and reserving to lessor _________, including the right to _________.
This lease is for the term of _________ years [or as the case may be], beginning _________[date], and ending _________[date], unless sooner terminated as provided below.
A. Agreements of Lessee
Lessee, in consideration of the leasing, agrees:
1. To pay as rent for premises the sum of $_____ per month [or as the case may be], payable on the _________ day of each month [or as the case may be] during the term of this lease, at _________.
2. To pay all charges for light, heat, fuel, power and water furnished or supplied to or on any part of premises.
3. To pay all taxes and assessments, ordinary and extraordinary, general and specific, including the same for [year], which may be levied or assessed on premises.
4. To pay all reasonable costs, attorneys' fees and expenses that shall be made and incurred by lessor in enforcing the agreements of this lease.
5. To use and occupy the premises for _________ purposes only, and for no other object or purpose without written consent of lessor, and to not use premises for any unlawful purpose or purpose deemed extra hazardous.
6. To keep the premises in as good repair as the same shall be at the commencement of the term, wear and tear arising from the reasonable use of the same and damages by the elements excepted.
7. To keep the buildings and improvements on the premises insured in a responsible insurance company or companies for not less than $_____, payable, in case of loss, to lessor as lessor's interest may appear.
8. To permit lessor and lessor's agents to enter on the premises or any part thereof, at all reasonable hours, for purpose of examining or exhibiting same or making such repairs or alterations as may be necessary for safety or preservation thereof; also to permit lessor to place on premises notice of "For Sale" and "To Rent" and not interfere with same.
9. To deliver to lessor within _________ days from execution of this lease a surety bond in amount of $_____ from a reputable bonding company, guaranteeing faithful performance by lessee of all terms and conditions of this lease.
10. Not to assign this lease nor sublet the premises or any portion thereof without written consent of lessor.
11. Not to make any contract for construction, repair, or improvements on, in, of, or to premises, or any part thereof, or for any work to be done or materials to be furnished on or to premises, or any part thereof, without providing in such contract or agreement that no lien of mechanics or materialmen shall be created or shall arise against above-described land and/or the building or improvements at any time located thereon. All persons furnishing any work, labor or materials, as well as all other persons whatever, shall be bound by this provision and by the notice of it from and after date of this lease, and notice is hereby given that no mechanic's lien, materialmen's lien, or any other incumbrance made by or obtained against lessee, or lessee's interest in demised land and/or the building or improvements thereon, shall in any manner or degree affect the title or interest of lessor in land and/or the building or improvements thereon. To that end, lessee agrees not to make any contract or agreement, either oral or written, for any labor, services, fixtures, material or supplies in connection with altering, repairing or improving any building or improvement on premises without providing in such contract or agreement that contractor or contractors waive all right to a mechanic's lien, and waive all right of any subcontractor or subcontractors to mechanics' liens, by reason of furnishing any labor, services and/or material under such contract or contracts, whether written or oral, and that such contract or contracts shall, upon execution, be immediately filed in office of recorder of deeds of _________ county, _________, and a copy thereof lodged with lessor.
12. Lessee has examined and knows condition of premises, and has received same in good order and repair, except as otherwise specified in this lease, and no representations as to condition or repair thereof have been made by lessor or lessor's agent, prior to, or at execution of, this lease.
13. Lessor shall have a lien on all of property of lessee used or situated on premises, to secure payment of rent (and other indebtedness owing from lessee to lessor at any time during existence of this lease) to become due under this lease, and in default of payment may take possession of and sell such of the property as may be sufficient to pay delinquent rent [or indebtedness].
14. Lessor shall have the right to sell premises, provided, however, that notice of such contemplated sale shall be given in writing to lessee at least _________ prior to time fixed for vacation of premises by lessee, and provided, further, that during such period lessee shall have option to buy premises at price and on terms of such contemplated sale. In event of a sale of premises by lessor, after such notice and failure of lessee to exercise the option to purchase, lessee agrees to vacate and give possession of premises within _________ days after written notice of sale, given by lessor to lessee, and after payment by lessor to lessee of $_____ on or before the expiration of _________ days' notice.
15. If lessee shall abandon or vacate the premises, they may be relet by lessor for such rent and on such terms as lessor may see fit; and, if a sufficient sum shall not be thus realized, after paying all expenses of such reletting and collecting to satisfy the rent hereby reserved, lessee agrees to satisfy and pay all deficiency.
16. At expiration of this lease, to give peaceable possession of premises to lessor, in as good condition as they now are, the usual wear, inevitable accidents, and loss by fire excepted.
17. The lease may be terminated by lessor in the event of the breach of any of the agreements of lessee contained herein, in which case lessor may reenter on the premises, and this lease shall immediately terminate.
18. This lease, at option of lessor, shall terminate in case lessee shall by any court be adjudged a bankrupt or insolvent, or in case lessee shall make an assignment for benefit of creditors.
19. To observe and comply with all rules, regulations and laws now in effect or which may be enacted during the continuance of this lease by any municipal, county, state or federal authorities having jurisdiction over the premises, and to indemnify lessor for any damage caused by violation thereof.
20. In case lessor, by reason of the failure of lessee to perform any of the agreements or conditions contained herein, shall be compelled to pay or shall pay any sum of money, or shall be compelled to do or shall do any act which requires payment of money, the sum or sums so paid or required to be paid, together with all interest, costs, and damages, shall be added to instalment of rent, next becoming due or to any subsequent instalment of rent, and shall be collectable as additional rent in same manner and with same remedies as if it had been originally reserved. On failure of lessee to make repairs, as provided for herein, lessor may make necessary repairs, and add the amount of cost of such repairs to the rent due on the first of the month following date of repairs, and such cost of repairs shall be and constitute such rent together with the rent above provided for.
21. Failure of lessor to insist on the strict performance of the terms, agreements and conditions contained herein, or any of them, shall not constitute or be construed as a waiver or relinquishment of lessor's right to enforce any such term, agreement or condition, but the same shall continue in full force and effect.
22. Lessor shall not be liable for any damage to persons or property occurring or arising on premises from any cause whatever.
23. _________[add any other affirmative or negative provisions which lessor and lessee have agreed on].
B. Agreements of Lessor
Lessor, in consideration of the agreements of lessee set forth above, agrees as follows:
1. To keep leased building [or as the case may be] in good repair.
2. Lessee may make such alterations, additions, or improvements in such parts of building as lessee deems necessary, provided, however, written consent of lessor is first obtained.
3. Lessee shall have the right to assign this lease or sublet the premises or any part thereof, subject to the following limitations, viz.: _________.
4. To extend the term of this lease for a further term of _________ years, at the same rental, payable in like manner, and subject to same agreements as are contained in this lease, provided lessee gives written notice to lessor of a desire to renew lease, at least _________ days [or "months"] before expiration of terms of this lease, and provided lessee is not in default in performance of terms and conditions of this lease, and provided this lease is not terminated before expiration of term thereof as provided for herein.
5. In event that at any time during the term of this lease, _________[state occurrence], lessee shall have the right to terminate this lease on the giving of at least _________ days' written notice to lessor.
6. All fixtures erected in or attached to premises by lessee may be removed by lessee at the termination of this lease, provided (a) lessee shall not then be in default in the performance of any of the agreements herein, (b) that such removal shall not permanently injure the building, and (c) that removal shall be made before the expiration of this lease or any extension thereof.
7. Lessee shall have the right, at the end of the term of this lease, or at any time during the term thereof, to purchase property from lessor, or lessor's heirs, executors, administrators and assigns, for $_____ and, on tendering of such amount in lawful money of United States by lessee as above provided, lessor agrees immediately to deliver to lessee a sufficient warranty deed of premises.
8. Should any more favorable condition be included in any other leases on space in this building, during the life of the instrument, pertaining to termination of lease or rate of rental per square foot, in particular or other conditions in general, these same conditions are made a part of the contract.
9. Not to engage, during the life of this lease, in the city of _________, _________, directly or indirectly, whether as owner, partner, stockholder, or otherwise, in the _________[rival] business.
10. Not to rent, during the term of this lease, the adjoining premises [or as the case may be], owned by lessor, for a business in competition with that of the lessee which is _________.
C. Mutual Agreements of Lessor and Lessee
1. Lessee agrees to deposit with lessor, on signing of this lease, $_____ in cash as security for payment of rent herein received and faithful performance by lessee of all terms, conditions and agreements of lease, as well as to indemnify lessor for any costs or expense to which lessor may be put by reason of any default by lessee. Lessor agrees to pay interest to lessee on before-mentioned security deposit of $_____ at rate of _____% per annum and to repay lessee the $_____ so deposited as security, by crediting same on account of payment of rent for last _________ months of demised term, provided that all of terms, conditions and agreements of lease shall have then been fully complied with by lessee.
2. If during the term of this lease the premises shall be destroyed by fire, the elements, or any other cause, this lease shall cease and become null and void from date of such damage or destruction and lessee shall immediately surrender premises to lessor and shall pay rent only to time of such surrender. If premises shall be damaged by fire or other cause so as to be capable of being repaired within a reasonable time, lessor shall have the option to repair the same and during time that repairs are being made lessor shall remit to lessee a just and fair portion of rent according to nature of damage sustained and according to extent that lessee is deprived of use of premises.
3. This lease shall be deemed renewed and extended for the further term of _________ from expiration of term hereby granted, unless either lessor or lessee, at least _________ months prior to termination thereof, shall give written notice to the other of an intention to take possession of, or to surrender, as the case may be, the premises on date fixed herein for the expiration of term. The rent during such extended term shall be at same rate as rate provided for herein, and extension shall be on the terms, conditions and agreements contained in this lease, including this clause.
4. If default be made in the payment of the rent above reserved, or any part thereof or in any of the agreements herein contained, to be kept by lessee, it shall be lawful for, and lessee hereby requests lessor without notice, to declare said term ended, and to reenter premises or any part thereof, either with or without process of law, and lessee or any other person or persons occupying the same, to expel, remove and put out, using such force as may be deemed necessary in so doing, and premises again to repossess and enjoy as in lessor's first estate; and in order to enforce a forfeiture of this lease for default in any of its conditions it shall not be necessary to make demand or to serve notice on lessee, and lessee waives all right to any demand or notice from lessor of lessor's election to declare this lease at an end or of declaring it so to be; but the fact of nonperformance of any of the agreements of this lease, shall in itself at election of lessor, without notice or demand, constitute a forfeiture of lease, and at any and all times after such default, lessee shall be deemed guilty of a forcible detainer of the premises and all notices required by any statute of the state of _________, or otherwise are hereby waived.
5. If lessee shall hold over, after expiration of the term hereby created, with consent of lessor, it shall be deemed a renewal of this lease, and of all the conditions and agreements therein contained for term of _________ and so on from year to year until lease is terminated by either party giving to the other not less than _________ days' notice of termination prior to end of any term.
6. Notices and demands by either lessor or lessee may be given by registered mail with prepaid postage addressed to lessor at _________ or to lessee at _________, subject to the right of either the lessor or lessee to designate by notice in writing a new address to which such notices or demands must be sent.
7. All the agreements, conditions and undertakings herein contained shall extend to and be binding on the representatives, heirs, executors, administrators, successors and assigns, of respective parties hereto as if they were in all cases named.
8. Wherever the worlds "lessor" and "lessee" are used herein they shall be read as "lessors" and "lessees" in all cases where there is more than one lessor or lessee and with necessary grammatical changes as if duly made herein.
In witness whereof, the parties have set their hands [and seals] the day and year first above written.
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