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AZREB.com | Real Estate Forms
LEASE
AGREEMENT
AGREEMENT entered into this day
of ,
_____, between (hereinafter referred to as "Owner"), and (hereinafter
referred to as "Tenant"), on the following terms and conditions
1. Premises. .
2. Term. This rental agreement shall commence on and shall continue for a period of months
and terminate on at
11:59 p.m.
3. Rent. The rent shall be $ per
month, plus any applicable sales tax, payable in advance, upon the day of each calendar month to owner or his authorized agent.
(a)
If rent is not received by Owner within five days from the due
date, Tenants agrees to pay a late charge of $ ;
(b)
Tenant agrees to pay $12 for any check to Owner which is dishonored by
bank.
4. Security Deposit. Tenant shall pay to Owner a
security deposit of $
, as security for Tenant's faithful performance of the terms of this
Agreement. Owner shall have the right to apply so much of the security
agreement and shall reimburse Owner for damages suffered by Tenant's failure to
comply with any provision of this Agreement and to pay Owner rental accrued at
the time of termination. Any excess in such deposit, without interest,
shall be returned to Tenant, and any deficiency amount shall be billed to Tenant
within fourteen days of termination of this Agreement.
5. Cleaning Deposit. Tenant agrees to pay a
non-refundable cleaning deposit of $
.
A. Initial
Deposit. The initial deposit shall be payable as follows: First
month - $
; refundable security deposit - $
; nonrefundable cleaning deposit - $
; non-refundable lease option deposit - $
; total initial payment - $
.
6. Utilities. Tenant shall be responsible for the
payment of all utilities and services, except ,
which shall be paid by Owner.
7. Use. Tenant shall occupy the dwelling unit only as
a residence for its family, consisting of adults
and children,
and for no other purpose without prior written consent of Owner.
8. Pets. No pets shall be brought on the premises
without the prior consent of Owner.
9. Assignment and Subletting. Tenant shall not assign
this Agreement nor sublet any portion of the premises without prior written
consent of Owner.
10. Alterations. Tenant shall make no alterations,
changes, improvements or additions to the premises without the prior written
consent of Owner.
11. Conduct. Tenant shall conduct itself, and require
other persons on the premises with its consent to conduct themselves, in a
manner that will not disturb it's neighbors' peaceful enjoyment of the premises.
12. Homeowners' Association. If the premises are
located within any subdivision which has Rules and Regulations, Tenant shall
abide by said Rules and Regulations and if Tenant breaches any of these Rules
and Regulations, it shall be deemed a breach of this Lease. Tenant agrees
to indemnify Owner for any fines or other action taken by the Association
against Owner for the actions of Tenant.
13. Maintenance, Repairs or Alterations. Tenant
acknowledges that the premises are in good order and repair, unless otherwise
indicated herein. As consideration for the option to purchase this
property, Tenant agrees to fully and completely repair and maintain the
property, including all equipment, appliances, plumbing fixtures, electrical,
heating, ventilating, air conditioning and other facilities and equipment
located on the property, at it's own expense. The property shall be kept
in good repair and condition at all times. Tenant shall surrender the
property, at termination, in as good condition as received, normal wear and tear
excepted. Tenant is responsible for any and all damage caused by it's
negligence and that of it's family or guests.
14. Exterior.
A. Tenant shall not place anything on balconies, patios, front
steps, in windows (including shades or drapes), or elsewhere which might affect
the exterior appearance of the building without the consent of Owner, and Tenant
shall refrain from placing anything on balconies, patios, front steps, in
windows or elsewhere which, in Owner's sole opinion, will adversely affect the
exterior appearance of the building.
B. Lawns
shall be maintained in a condition free of weeds and debris. Vegetation
shall be watered in a frequency to maintain health. Any plants that die
through Tenant's neglect shall be charged to Tenant and/or withheld from
security deposit refund for replacement. Tenant understands that should
periodic checks reveal neglect, Owner will hire a caretaker to maintain
landscaping and charge Tenant with the same; however, Owner and Tenant agree
that this service shall not exceed $75 per month.
15. Entry and Inspection. Tenant shall permit Owner, or
Owner's agents, to enter the premises at reasonable times and to show the
premises to prospective tenants, purchasers or mortgagees, or for Owner's
inspection.
16. Liability. Owner shall not be liable for any damage
or injury to Tenant, or any other person, or to property occurring on the
premises, or any part thereof, unless such damage is the result of Owner's
negligence.
17. Default. If Tenant shall fail to pay rent when due,
or perform any term hereof after three days' notice of such default, Owner, at
it's option, may terminate all rights of Tenant hereunder (THIS INCLUDES
TENANT'S OPTION TO PURCHASE SAID PROPERTY, if any) unless Tenant, within said
time, shall cure such default.
18. Abandonment. If Tenant abandons the property, while
in default for the payment of rent, Owner may consider any property left on the
premises to be abandoned and may dispose of the same in any manner allowed by
law. In the event Owner reasonably believes that such abandoned property
has no value, it may be discarded. If rent is unpaid and Tenant has not
lived on the property for three consecutive days, it shall be deemed an
abandonment.
19. Possession. If Owner is unable to deliver
possession of the premises at the commencement hereof, Owner shall not be liable
for any damages caused thereby, nor shall this Agreement be void or voidable,
but Tenant shall not be liable for any rent until possession is delivered.
At the termination or expiration of this Lease, Tenant agrees to properly
surrender the premises and the keys to Owner without demand.
20. Attorney's Fees. If any legal action is brought by
either party to enforce the terms hereof or relating to the premises, the
prevailing party shall be entitled to all costs and attorney's fees incurred in
bringing said action.
21. Interest. If Tenant is in default for any monies
due under this Agreement, Tenant shall pay interest to Owner at the rate of 1
1/2% per month from the date said monies were due until paid.
22. Performance. Time is declared to be of the essence
in this Agreement.
23. Waiver. Consent by Owner to any variation of the
terms of this Agreement, or the acceptance of rent with knowledge of any breach,
shall not be deemed a waiver of any breach of this Agreement, nor shall any
waiver, unless specifically made in writing, be claimed by Tenant, especially
the payment of rent and performance of this Agreement. The failure of any
party to exercise any right or option arising out of the breach of this
Agreement shall not be deemed a waiver of any right or option with respect to
any subsequent or different breach or the continuance of any breach.
24. Oral Representations. No representations,
warranties, inducements or oral agreements have been made by any of the parties,
except as expressly set forth herein, or in other contemporaneous written
agreements. This Agreement may not be changed, modified or rescinded,
except in writing and signed by all parties hereto.
25. Severability. If any provision of this Lease is
declared void or unenforceable, such provision shall be deemed severed from this
Lease, which shall otherwise remain in full force and effect.
26. Fixtures. Any personal property attached to the
premises as fixtures and all improvements made upon the premises shall be the
property of Owner and shall remain on the premises at termination of the
tenancy.
27. Captions. Captions and paragraphs headings used
herein are for convenience only and are not a part of this Agreement. They
shall not be deemed to limit or alter any provisions herein and shall not be
deemed relevant in construing this Agreement.
28. Heirs and Successors. This Lease is binding upon
and inures to the benefit of the heirs, successors-in-interest and assigns of
the parties.
29. Holding Over. Any holding over after expiration
hereof, with the consent of Owner, shall be construed as a month-to-month
tenancy in accordance with the terms hereof. No such holding over or
extension of this Lease shall extend the time for the exercise of the option to
purchase unless agreed upon in writing by Owner.
30. Personal Property Insurance. Tenant acknowledges
that Owner shall not be required to maintain insurance on any personal property,
furniture or furnishings of Tenant located on the premises.
31. Notices. Any notice which either party may or is
required to give shall be given by mailing the same to Tenant at the premises or
to Owner at the following address:
.
OWNER
TENANT
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