Private Rental Agreement Template
PRIVATE RENTAL AGREEMENT
This Private Rental Agreement is made and entered into as of [Effective Date] (the "Effective Date") by and between the following parties.
[Full Legal Name of Landlord], an individual residing at [Landlord's Residential Address], holding identification document number [Identification Number], with telephone number [Telephone Number] and email address [Email Address] (the "Landlord").
[Full Legal Name of Tenant], an individual residing at [Tenant's Current Residential Address], holding identification document number [Identification Number], with telephone number [Telephone Number] and email address [Email Address] (the "Tenant").
The Landlord and the Tenant are each referred to in this Agreement as a "Party" and together as the "Parties."
WHEREAS, the Landlord is the lawful owner of, or is otherwise duly entitled to let, the residential property located at [Full Address of the Property], and lets it in a private, non-commercial capacity and not as part of any trade or business.
WHEREAS, the Tenant wishes to rent the property as a private residence for a fixed term, and the Landlord is willing to let the property to the Tenant on the terms and conditions of this Agreement.
WHEREAS, the Tenant has inspected the property, or has had a full opportunity to do so, before signing this Agreement, and has relied solely on that inspection and on the express terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises set out in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows.
Definitions and Interpretation
"Agreement" means this Private Rental Agreement, including the recitals and the House Rules set out in it, as amended, supplemented or varied in writing from time to time in accordance with its terms.
"Premises" means the residential dwelling located at [Full Address of the Property], consisting of [description, e.g., number of bedrooms, bathrooms and other rooms]. The term also includes all fixtures, fittings, appliances, furniture and furnishings provided by the Landlord and described in the Section entitled "Demise of the Premises," together with any appurtenant areas expressly included in this Agreement. It excludes any areas expressly reserved to the Landlord.
"Term" means the fixed period of the tenancy beginning on the Commencement Date and ending on the Expiry Date, as described in the Section entitled "Term of Tenancy." The term also includes any lawful extension or renewal agreed in writing by the Parties. For this purpose, "Commencement Date" means [Commencement Date] and "Expiry Date" means [Expiry Date].
"Rent" means the periodic sum payable by the Tenant to the Landlord for the use and occupation of the Premises, in the amount and manner specified in the Section entitled "Rent and Manner of Payment." Rent excludes the Outgoings and any other charges, fees, damages or reimbursements payable by the Tenant under this Agreement.
"Security Deposit" means the sum equal to two (2) months' Rent that the Tenant pays to the Landlord as security for the full and faithful performance of the Tenant's obligations under this Agreement. Its amount, holding and application are governed by the Section entitled "Security Deposit."
"Outgoings" means all charges, costs and expenses arising from the occupation, use and servicing of the Premises during the Term. These include electricity, gas, water, sewerage, heating, cooling, refuse collection, internet, telecommunications, television and streaming services, and any associated connection, transfer, metering, standing or disconnection fees. They also include all local occupancy charges, service charges and other levies that are by their nature payable by an occupier, as further described in the Section entitled "Utilities, Services and Outgoings."
"House Rules" means the rules of conduct, use and occupation of the Premises set out in the Section entitled "House Rules and Tenant Covenants," as amended by the Landlord from time to time in accordance with that Section.
"Applicable Law" means all laws, regulations, ordinances, codes and binding governmental or municipal requirements in force from time to time in [Jurisdiction] that apply to the Premises, the tenancy created by this Agreement or the Parties.
In this Agreement, unless the context otherwise requires, the following rules of interpretation apply. Words in the singular include the plural and vice versa. References to one gender include all genders. The words "including" and "include" mean "including without limitation." References to a Section are to the Section of this Agreement bearing the stated title. Section titles and headings are for convenience only and do not affect interpretation. Any obligation on the Tenant not to do something includes an obligation not to permit or suffer that thing to be done by any Permitted Occupant, guest, invitee or contractor of the Tenant. References to "days" mean calendar days unless "business days" are expressly specified.
Demise of the Premises
Subject to the terms and conditions of this Agreement, the Landlord lets to the Tenant, and the Tenant takes from the Landlord, the Premises for the Term, in exchange for the Rent and the performance by the Tenant of the covenants contained in this Agreement.
The Premises are let together with the following fixtures, fittings, appliances, furniture and furnishings provided by the Landlord: [list of furniture, appliances, fixtures and other items included in the letting]. The Tenant acknowledges that these items remain the sole property of the Landlord at all times.
The Premises are let together with the right to use the following appurtenant areas and facilities, if any: [parking space number / storage unit / garden / other facilities, or "None"]. Any such right is personal to the Tenant and ends automatically when this Agreement terminates.
The Landlord expressly reserves from the letting [any areas, rooms, storage spaces or items reserved to the Landlord, or "None"]. The Landlord also reserves the right to run, maintain, repair and replace pipes, wires, cables, drains and other conduits passing through or serving the Premises.
The Tenant acknowledges that it has inspected the Premises and accepts them in their present condition, subject only to the defects, if any, recorded as follows: [description of existing defects or condition notes]. The Tenant further acknowledges that the Landlord has made no representation or warranty as to the condition, suitability or fitness of the Premises for any particular purpose, except as expressly stated in this Agreement or as required by Applicable Law.
On the Commencement Date, and provided that the first installment of Rent and the Security Deposit have been paid in full and cleared funds, the Landlord shall deliver to the Tenant [number] sets of keys, access cards, remote controls or other access devices for the Premises. The Tenant shall not duplicate these without the prior written consent of the Landlord.
Within [number] days after the Commencement Date, the Parties shall jointly complete and sign a written record of the condition of the Premises, supported by dated photographs. If the Tenant fails to take part in or sign that record within this period, the condition of the Premises as documented by the Landlord shall be deemed accepted by the Tenant.
Utilities, Services and Outgoings
The Tenant shall be solely responsible for, and shall pay promptly when due, all Outgoings relating to the Premises for the entire Term. The Landlord shall have no responsibility for any Outgoings attributable to the period between the Commencement Date and the date on which the Tenant vacates and surrenders the Premises.
Within [number] days after the Commencement Date, the Tenant shall, at its own cost, transfer into its own name all accounts with suppliers of utilities and services to the Premises, where the supplier permits this. Where an account cannot be transferred and remains in the Landlord's name, the Tenant shall reimburse the Landlord for the full amount of each invoice relating to the Term within [number] days after the Landlord's written demand, together with a copy of the relevant invoice.
On the Commencement Date and again on the date the Premises are surrendered, the Parties shall record the readings of all utility meters serving the Premises. These readings shall be conclusive for the purpose of apportioning Outgoings, save in the case of manifest error.
The Tenant shall pay all occupancy-related local charges, levies and service fees that are assessed in respect of the Premises during the Term and that are by their nature payable by an occupier, namely [description of applicable local occupancy charges or service fees]. Real property taxes that are by their nature payable only by an owner shall remain the responsibility of the Landlord.
If the Tenant fails to pay any Outgoings when due, the Landlord may, without obligation, pay such amounts to prevent disconnection, penalties or the creation of any lien or charge on the Premises. Any amount so paid shall be repaid by the Tenant on demand, together with an administrative charge of [amount] [currency], and shall be recoverable as if it were Rent in arrears.
The Tenant shall not change any supplier of utilities or services, install additional meters, or alter or interfere with any meter, connection or infrastructure serving the Premises without the prior written consent of the Landlord. On termination of this Agreement, the Tenant shall leave all services connected and in working order and shall settle all final accounts.
The Landlord shall not be liable to the Tenant for any interruption, reduction or failure of any utility or service to the Premises, or for any resulting loss or inconvenience, unless the interruption is caused by the gross negligence or willful misconduct of the Landlord. Any such interruption shall not entitle the Tenant to any abatement of Rent, except where Applicable Law requires otherwise.
Term of Tenancy
The tenancy created by this Agreement is for a fixed term beginning on the Commencement Date and ending at [time] on the Expiry Date, unless terminated earlier in accordance with this Agreement.
This Agreement shall not renew or extend automatically on the Expiry Date. Any renewal or extension of the tenancy shall be effective only if it is set out in a written instrument signed by both Parties. The Landlord may make any renewal conditional on revised Rent and other revised terms at its sole discretion.
If the Tenant wishes to renew the tenancy, the Tenant shall notify the Landlord in writing no later than [number] days before the Expiry Date. The Landlord shall be under no obligation to accept any request for renewal.
If the Tenant remains in possession of the Premises after the expiry or termination of this Agreement without a written renewal or extension signed by the Landlord, the Tenant shall be a tenant at sufferance. In that case the Tenant shall pay holdover compensation for each day of such occupation at a daily rate equal to [percentage]% of the monthly Rent divided by thirty (30). The Tenant shall also indemnify the Landlord against all losses, costs and claims arising from the holdover, including claims by any incoming tenant or purchaser. Acceptance of any payment by the Landlord during a holdover period shall not create a new tenancy or extend the Term.
If the Landlord is unable to deliver possession of the Premises on the Commencement Date for reasons beyond its reasonable control, the Landlord shall not be liable for any resulting loss. In that case Rent shall abate on a daily basis until possession is delivered. If possession is not delivered within [number] days after the Commencement Date, either Party may terminate this Agreement by written notice, whereupon all prepaid Rent and the Security Deposit shall be refunded to the Tenant in full and neither Party shall have any further claim against the other.
The Term may be brought to an end before the Expiry Date only in accordance with the Section entitled "Termination and Notice Periods" or the Section entitled "Default and Remedies."
Rent and Manner of Payment
The Tenant shall pay to the Landlord Rent in the amount of [amount] [currency] per calendar month throughout the Term, without any deduction, abatement or set-off whatsoever, except as expressly provided in this Agreement or required by Applicable Law.
Rent shall be payable monthly in advance on or before the [day] day of each calendar month. The first installment of Rent, together with the Security Deposit, shall be paid on or before the signing of this Agreement. Rent for any part of a month at the beginning or end of the Term shall be apportioned on a daily basis.
All payments of Rent shall be made by electronic bank transfer to the following account, or to such other account as the Landlord may designate by written notice: Account Holder [Account Holder Name], Bank [Bank Name], Account Number [Account Number], Routing or Sort Code [Routing Code], Reference [Payment Reference]. Payment is effective only when cleared funds are received in the Landlord's account. Cash payments shall not be accepted unless the Landlord agrees in writing and issues a signed receipt.
If any installment of Rent or any other sum payable under this Agreement remains unpaid for more than [number] days after its due date, the Tenant shall pay a late payment charge of [amount] [currency]. The Tenant shall also pay interest on the overdue amount at the rate of [percentage]% per annum, or the maximum rate permitted by Applicable Law if lower, calculated daily from the due date until the date of actual payment.
If any payment made by the Tenant is dishonored, reversed, recalled or rejected for any reason, the Tenant shall pay the Landlord an administrative fee of [amount] [currency] in addition to any bank charges incurred by the Landlord. After two (2) or more such occurrences, the Landlord may require that all future payments be made by a payment method designated by the Landlord.
Any payment received from the Tenant shall be applied first to outstanding charges, fees, interest and costs, then to reimbursable Outgoings, and finally to Rent arrears and current Rent, regardless of any designation made by the Tenant, to the extent permitted by Applicable Law.
The Rent is fixed for the duration of the Term. Any adjustment of Rent shall take effect only on a renewal or extension of the Term agreed in writing in accordance with the Section entitled "Term of Tenancy," or as otherwise permitted by Applicable Law.
The acceptance by the Landlord of any partial payment, or of any payment after its due date, shall not constitute a waiver of the Landlord's right to recover the balance or of any other right or remedy under this Agreement.
Landlord Covenants and Quiet Enjoyment
Provided that the Tenant pays the Rent and all other sums due under this Agreement and observes and performs all of its covenants, the Tenant shall peaceably hold and enjoy the Premises during the Term without lawful interruption by the Landlord or any person rightfully claiming under or in trust for the Landlord.
The Landlord represents that it is the lawful owner of the Premises, or is otherwise entitled to let them, and that it has full power and authority to enter into this Agreement. The Landlord further represents that, to its knowledge, no consent of any mortgagee, homeowners' association or other third party is required for the letting, or that any such consent has been obtained.
The Landlord shall, subject to the Tenant's obligations under the Section entitled "Maintenance, Repairs and Alterations," keep the following in good and habitable repair to the standard required by Applicable Law: the structure and exterior of the Premises, the roof, the main load-bearing walls, and the principal installations for the supply of water, gas, electricity, heating and sanitation. The Landlord shall not be liable for any failure to repair unless and until it has received written notice of the need for repair from the Tenant and has failed to carry out the repair within a reasonable time.
The Landlord shall ensure that, on the Commencement Date, the Premises comply with the minimum health, safety and habitability standards required by Applicable Law, including the provision of functioning smoke detectors and, where applicable, carbon monoxide detectors.
The Landlord shall not be liable for any disturbance, nuisance or interference caused by neighbors, other occupants of any building of which the Premises form part, public authorities or any third party not acting under the authority of the Landlord.
The Landlord may at any time sell, transfer, mortgage or otherwise encumber the Premises or its interest in this Agreement. Upon any such transfer, the Tenant shall recognize the transferee as landlord under this Agreement, and the transferring Landlord shall be released from all obligations arising after the date of transfer, provided that the transferee assumes such obligations and the Security Deposit is transferred to the transferee or accounted for in accordance with Applicable Law. The Tenant shall, within [number] days after request, sign any acknowledgment reasonably required by the Landlord, its mortgagee or a prospective purchaser confirming the status of this Agreement.
Security Deposit
Upon signing this Agreement, the Tenant shall pay to the Landlord the Security Deposit in the amount of [amount] [currency], equal to two (2) months' Rent, by the payment method specified in the Section entitled "Rent and Manner of Payment."
The Landlord shall hold the Security Deposit [in a separate deposit account / with a deposit protection scheme / in such manner as required by Applicable Law], and shall provide the Tenant with any information about its holding that Applicable Law requires. Unless Applicable Law requires otherwise, the Security Deposit shall not bear interest in favor of the Tenant.
The Security Deposit secures the full performance by the Tenant of all its obligations under this Agreement. These obligations include payment of Rent, Outgoings, charges, damages and costs, compliance with the House Rules, and the return of the Premises in the condition required by this Agreement.
The Tenant shall not withhold or set off any installment of Rent, including the Rent for the final month or months of the Term, on the ground that the Security Deposit is held by the Landlord. The Security Deposit shall not be treated as prepaid Rent.
If, during the Term, the Tenant fails to pay any sum when due or otherwise breaches this Agreement, the Landlord may, without prejudice to any other remedy, apply all or part of the Security Deposit toward the amount owed or the loss suffered. The Landlord shall notify the Tenant in writing of any such application. The Tenant shall then, within [number] days after receiving the notice, pay to the Landlord the amount necessary to restore the Security Deposit to its full original sum.
The Security Deposit shall not limit the liability of the Tenant under this Agreement. The Landlord may recover from the Tenant any loss or damage that exceeds the amount of the Security Deposit.
The Tenant shall not assign, pledge, charge or otherwise encumber its right to the return of the Security Deposit. No such purported dealing shall bind the Landlord.
Maintenance, Repairs and Alterations
The Tenant shall keep the interior of the Premises, together with all fixtures, fittings, appliances, furniture and furnishings provided by the Landlord, in a clean, sanitary and good state of repair and condition throughout the Term, fair wear and tear excepted.
The Tenant shall, at its own cost, carry out all minor repairs and routine maintenance, including the replacement of light bulbs, fuses, batteries in smoke and carbon monoxide detectors, filters, washers, and similar consumable items. The Tenant shall also clear blockages in sinks, toilets, drains and gutters caused by its use, and maintain any garden or outdoor area included in the Premises.
The Tenant shall be liable for the full cost of repairing or replacing any part of the Premises or any item provided by the Landlord that is damaged, lost or destroyed through the act, omission, negligence or misuse of the Tenant, any Permitted Occupant, or any guest, invitee or contractor of the Tenant. Fair wear and tear is excluded from this liability.
The Tenant shall notify the Landlord in writing promptly, and in any event within [number] hours, upon becoming aware of any defect, damage, leak, infestation or want of repair in the Premises that is the responsibility of the Landlord. In the case of an emergency threatening persons or property, the Tenant shall notify the Landlord immediately by telephone. The Tenant shall be liable for any additional damage resulting from a failure to give prompt notice.
The Tenant shall not carry out any repair that is the responsibility of the Landlord, or engage any contractor to do so, without the prior written approval of the Landlord. The only exception is an emergency repair that is strictly necessary to prevent imminent injury or substantial damage, and only where the Landlord cannot be reached after reasonable attempts. The Tenant shall be reimbursed only for reasonable and properly documented costs of such emergency repairs.
The Tenant shall not make any alteration, addition or improvement to the Premises without the prior written consent of the Landlord, which the Landlord may give or withhold at its discretion. This prohibition covers structural changes, painting, wallpapering, drilling, installing fixtures, satellite dishes or antennae, changing floor coverings, and altering any electrical, plumbing or gas installation.
Any alteration, addition or improvement made with or without consent shall, at the Landlord's election, either become the property of the Landlord without compensation or be removed by the Tenant before the end of the Term. If removal is required, the Tenant shall bear the cost and shall make good any damage, restoring the Premises to their original condition.
The Tenant shall take all reasonable measures to prevent the occurrence of pests, mold and condensation. These measures include adequately ventilating and heating the Premises and promptly removing food waste. Where an infestation or mold arises from the Tenant's failure to take such measures, the cost of treatment shall be borne by the Tenant.
Permitted Use and Occupancy
The Tenant shall use the Premises solely as a private residential dwelling for the Tenant and the Permitted Occupants, and for no other purpose whatsoever.
For the purposes of this Agreement, "Permitted Occupants" means only the following persons, in addition to the Tenant: [names of additional occupants, or "None"]. No person other than the Tenant and the Permitted Occupants shall reside at the Premises without the prior written consent of the Landlord. The total number of persons residing at the Premises shall not exceed [number] at any time.
The Tenant may receive guests at the Premises, provided that no guest stays overnight for more than [number] consecutive nights or more than [number] nights in total in any calendar month without the prior written consent of the Landlord.
The Tenant shall not use the Premises, or permit them to be used, for any trade, business, profession, commercial activity, short-term or holiday letting, or any activity open to the public. Remote office work carried out by the Tenant personally is permitted, provided it involves no visiting clients, signage, storage of goods or increased foot traffic.
The Tenant shall not use the Premises for any illegal, immoral or dangerous purpose. Nor shall the Tenant keep in or about the Premises any hazardous, flammable, explosive or noxious substances, other than ordinary household products used and stored in accordance with the manufacturer's instructions.
The Tenant shall comply with all Applicable Law relating to the use and occupation of the Premises. The Tenant shall also comply with any rules, bylaws or regulations of any homeowners' association, condominium or building management that apply to the Premises and have been made known to the Tenant.
The Tenant shall occupy the Premises personally as its principal residence throughout the Term. The Tenant shall not leave the Premises unoccupied for more than [number] consecutive days without first notifying the Landlord in writing and taking all reasonable steps to secure the Premises and protect them against frost, water damage and intrusion.
House Rules and Tenant Covenants
The Tenant covenants with the Landlord to observe and perform the House Rules set out in this Section, and to ensure that they are observed by all Permitted Occupants, guests and invitees.
Smoking of tobacco, cannabis, electronic cigarettes or any other substance is strictly prohibited inside the Premises, and on any balcony, terrace or common area forming part of or serving the Premises. The Tenant shall be liable for all costs of cleaning, deodorizing and redecorating resulting from any breach of this rule.
No animals, birds, reptiles or other pets shall be kept at the Premises without the prior written consent of the Landlord, which may be given or withheld at the Landlord's discretion and, if given, may be revoked if the animal causes nuisance or damage. This rule does not apply to assistance animals, which shall be permitted to the extent required by Applicable Law.
The Tenant shall not make or permit any noise or disturbance that may cause nuisance or annoyance to neighbors or other occupants. The Tenant shall observe quiet hours between [time] and [time] each day. Parties or gatherings of more than [number] persons shall not be held at the Premises without the Landlord's prior written consent.
The Tenant shall dispose of all household waste and recycling in the designated receptacles in accordance with the applicable local collection schedule and rules. The Tenant shall not leave refuse, furniture or other items in any common area, hallway, stairway or outside the Premises.
The Tenant shall not change, add or remove any lock, alarm system or security device at the Premises without the prior written consent of the Landlord. If consent is given, the Tenant shall promptly provide the Landlord with a duplicate of every key or access code.
The Tenant shall not hang laundry, signs, flags, advertisements or other objects from windows, balconies or the exterior of the Premises. Nor shall the Tenant place any objects on window sills or balconies that may fall or cause damage.
The Tenant shall park vehicles only in the space, if any, allocated to the Premises. The Tenant shall not park or store any trailer, boat, caravan, inoperable vehicle or commercial vehicle at or near the Premises without the Landlord's prior written consent.
The Landlord may, by written notice to the Tenant, amend or supplement the House Rules from time to time, provided that any amendment is reasonable, applies to the proper management, safety or preservation of the Premises, and does not materially reduce the Tenant's rights under this Agreement. Any such amendment shall take effect [number] days after the notice is given.
Landlord's Right of Entry and Inspection
The Landlord and its agents, contractors and authorized representatives may enter the Premises at reasonable times upon giving the Tenant not less than [number] hours' prior notice. Entry may be made to inspect the condition of the Premises, to carry out repairs, maintenance, safety checks or improvements, to read meters, or to verify the Tenant's compliance with this Agreement.
The Landlord may carry out routine inspections of the Premises up to [number] times in any twelve (12) month period, in addition to any entry required for repairs or other specific purposes.
During the final two (2) months of the Term, or at any time after either Party has given notice of termination, the Landlord may enter the Premises on prior notice in accordance with this Section. Such entry may be made to show the Premises to prospective tenants, purchasers, mortgagees, valuers or insurers. During the same period, the Landlord may place a reasonable "to let" or "for sale" notice at the Premises.
In the event of an emergency, the Landlord and its agents may enter the Premises at any time without prior notice, and by force if necessary, where entry is required to protect life, health or property. Examples include fire, flood, gas leak or a serious threat to the structure. The Landlord shall inform the Tenant of any such entry as soon as reasonably practicable afterwards.
The Tenant shall not unreasonably refuse, delay or obstruct any entry permitted by this Section. The Tenant shall bear any costs incurred by the Landlord, including contractors' call-out or cancellation charges, as a result of the Tenant's failure to provide access at an agreed time.
During any inspection, the Landlord may take photographs or video recordings of the condition of the Premises and the items provided by the Landlord. The Landlord shall take reasonable care to avoid recording the Tenant's personal belongings except so far as necessary to document damage or a breach of this Agreement.
Assignment and Subletting
The Tenant shall not assign, transfer, sublet, part with or share possession of the whole or any part of the Premises, or grant any license to occupy them, without the prior written consent of the Landlord. The Landlord may give or withhold such consent at its sole discretion, to the extent permitted by Applicable Law.
The Tenant shall not advertise or offer the Premises, or any part of them, for short-term, holiday or vacation rental through any online platform, agency or other channel, whether or not for payment.
Any purported assignment, subletting or other dealing made in breach of this Section shall be void and of no effect as against the Landlord. Any such dealing shall also constitute a material breach of this Agreement entitling the Landlord to exercise its rights under the Section entitled "Default and Remedies."
If the Landlord consents to any assignment or subletting, the consent may be subject to such conditions as the Landlord reasonably requires. These may include satisfactory references and credit checks on the proposed assignee or subtenant, the signing of a written instrument of assumption, and payment by the Tenant of the Landlord's reasonable administrative and legal costs of [amount] [currency].
Unless the Landlord expressly releases the Tenant in writing, the Tenant shall remain jointly and severally liable with any approved assignee or subtenant for the payment of Rent and the performance of all obligations under this Agreement for the remainder of the Term.
The Landlord may freely assign, transfer or otherwise deal with its interest in the Premises and under this Agreement without the consent of the Tenant, in accordance with the Section entitled "Landlord Covenants and Quiet Enjoyment."
Insurance, Liability and Indemnification
The Tenant shall, at its own cost, obtain before the Commencement Date and maintain throughout the Term a renter's or tenant's insurance policy with a reputable insurer. The policy shall cover the Tenant's personal property against loss and damage and shall provide personal liability coverage of not less than [amount] [currency] per occurrence. The Landlord shall be named as an additional interested party where the insurer permits. The Tenant shall provide evidence of such insurance to the Landlord on request.
The Tenant acknowledges that any insurance maintained by the Landlord over the Premises does not cover the personal property of the Tenant, the Permitted Occupants or their guests, or the Tenant's personal liability. The Landlord shall have no obligation to insure any such property or liability.
The Tenant shall not do or permit anything at the Premises that may render void or voidable any insurance policy maintained by the Landlord, or that may increase the premium payable under such a policy. The Tenant shall reimburse the Landlord on demand for any increased premium, and for any excess or deductible, arising from the Tenant's breach of this obligation or from any claim caused by the act or omission of the Tenant.
To the fullest extent permitted by Applicable Law, the Landlord shall not be liable to the Tenant, any Permitted Occupant or any guest or invitee for any death, personal injury, or loss of or damage to property occurring at the Premises, unless caused by the gross negligence or willful misconduct of the Landlord or its breach of a mandatory obligation under Applicable Law. This exclusion also extends to any loss or damage caused by theft, fire, water, weather, the failure of any utility, or the acts of third parties.
In no event shall the Landlord be liable for any indirect, consequential or special loss, loss of income, loss of business opportunity or loss of enjoyment, nor shall the Landlord's aggregate liability under this Agreement exceed an amount equal to [number] months' Rent, save where such limitation is prohibited by Applicable Law.
The Tenant shall indemnify, defend and hold harmless the Landlord from and against all claims, demands, actions, liabilities, losses, damages, fines, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with any of the following: the use or occupation of the Premises by the Tenant, any Permitted Occupant, guest, invitee or contractor of the Tenant; any breach of this Agreement by the Tenant; or any negligent or wrongful act or omission of any such person.
The Tenant shall notify the Landlord promptly in writing of any accident, injury, damage or incident occurring at the Premises that may give rise to a claim, whether against the Tenant, the Landlord or any insurer.
The provisions of this Section shall survive the expiry or termination of this Agreement in respect of any matter arising during the Term or any period of holdover.
Default and Remedies
Each of the following events shall constitute an event of default by the Tenant: failure to pay any installment of Rent or any other sum due under this Agreement within [number] days after its due date, whether formally demanded or not; any breach of any other covenant or obligation of the Tenant under this Agreement that is not remedied within [number] days after the Landlord's written notice requiring remedy, or that is incapable of remedy; abandonment of the Premises; the provision by the Tenant of any materially false or misleading information in its rental application or in connection with this Agreement; or the use of the Premises for any illegal purpose.
Upon the occurrence of an event of default, and without prejudice to any other right or remedy, the Landlord may terminate this Agreement by written notice to the Tenant, subject to any minimum notice period and procedural requirements imposed by Applicable Law. The Landlord may then recover possession of the Premises through the lawful process available under Applicable Law.
Following termination for default, the Tenant shall be liable to the Landlord for all of the following: all Rent and other sums accrued up to the date the Landlord recovers possession; Rent for the remainder of the Term, or until the Premises are re-let, whichever is earlier; the costs of re-letting, including advertising, agency fees and cleaning; the cost of repairing any damage to the Premises; and all other losses suffered by the Landlord as a result of the default. The Landlord shall take such steps to mitigate its loss as are required by Applicable Law.
The Tenant shall pay on demand all reasonable costs and expenses incurred by the Landlord in enforcing this Agreement or recovering any sum or possession under it, including attorneys' fees, court costs, collection agency fees and the costs of serving notices.
If the Tenant fails to perform any obligation under this Agreement, the Landlord may, after giving written notice and a reasonable opportunity to remedy (except in an emergency), perform such obligation on the Tenant's behalf. The Tenant shall reimburse the Landlord on demand for all costs so incurred.
The Landlord shall not recover possession of the Premises by changing locks, removing the Tenant's belongings, disconnecting utilities or any other self-help measure, except as expressly permitted by Applicable Law.
The rights and remedies of the Landlord under this Agreement are cumulative and are in addition to, and not in substitution for, any rights or remedies available under Applicable Law. The exercise of one right or remedy shall not preclude the exercise of any other.
Termination and Notice Periods
Unless terminated earlier in accordance with this Agreement, this Agreement shall terminate automatically at the end of the Term on the Expiry Date, without the need for any notice, and the Tenant shall vacate the Premises on that date.
Notwithstanding the fixed nature of the Term, either Party may terminate this Agreement before the Expiry Date by giving the other Party not less than two (2) months' prior written notice. Where the Landlord gives such notice, termination shall be subject to any grounds, restrictions and procedural requirements imposed by Applicable Law in respect of a landlord's termination of a residential tenancy.
Where the Tenant gives notice of early termination, the Tenant shall remain liable for the Rent, Outgoings and all other obligations under this Agreement until the end of the two (2) month notice period. This liability continues regardless of whether the Tenant vacates the Premises earlier.
Either Party shall, in any event, give the other Party not less than two (2) months' prior written notice if it does not intend to negotiate a renewal or extension of the Term beyond the Expiry Date. However, the absence of such notice shall not cause the Term to be extended.
Any notice of termination shall be in writing, shall state the date on which termination is to take effect, and shall be delivered in accordance with the notice provisions of the Section entitled "Miscellaneous Provisions." The notice period shall run from the date on which the notice is deemed received, and the effective date of termination shall be [the last day of a calendar month / any day], unless the Parties agree otherwise in writing.
If the Premises are destroyed or damaged by fire, flood or other insured risk so as to be wholly or substantially unfit for occupation, other than through the fault of the Tenant or any person for whom the Tenant is responsible, either Party may terminate this Agreement with immediate effect by written notice. In that case Rent shall cease to be payable from the date of the damage.
In the event of the death of the Tenant during the Term, the personal representatives of the Tenant may terminate this Agreement by giving the Landlord not less than two (2) months' written notice, unless Applicable Law provides otherwise. All sums owed by the Tenant up to the effective date of termination shall remain payable from the Tenant's estate.
Termination of this Agreement for any reason shall not affect any rights, remedies or obligations of either Party that accrued before termination, nor any provision of this Agreement that is expressly or by its nature intended to survive termination.
Surrender of the Premises and Return of the Security Deposit
On or before the date of expiry or termination of this Agreement, the Tenant shall vacate the Premises and deliver them up to the Landlord with vacant possession. The Premises shall be returned in the same state of repair, condition and cleanliness as recorded at the beginning of the Term, fair wear and tear excepted, and in compliance with all of the Tenant's obligations under this Agreement.
The Tenant shall return to the Landlord all keys, access cards, remote controls and other access devices for the Premises, including any duplicates made, no later than the time of surrender. The Tenant shall bear the cost of replacing any device not returned and of changing any lock where a key is not returned.
The Tenant shall, at its own cost, have the Premises professionally cleaned to a standard of [standard of cleaning, e.g., professional end-of-tenancy cleaning]. The Tenant shall remove all personal belongings, rubbish and any items not belonging to the Landlord. Any item left at the Premises after surrender shall be dealt with in accordance with Applicable Law. Subject to such law, the Landlord may store, sell or dispose of such items at the Tenant's cost, without liability to the Tenant.
The Parties shall carry out a joint check-out inspection of the Premises on or around the date of surrender, at a time agreed by the Parties. If the Tenant fails to attend, the Landlord may carry out the inspection alone, and its written and photographic record shall be deemed accurate in the absence of manifest error.
The Landlord shall return the Security Deposit, or the balance remaining after lawful deductions, to the Tenant within [number] days after the later of the date of surrender of the Premises and the return of all keys and access devices, or within such shorter period as Applicable Law may require. Payment shall be made to the bank account nominated by the Tenant in writing.
The Landlord may deduct from the Security Deposit all of the following: unpaid Rent and holdover compensation; unpaid Outgoings; the cost of repairing damage to the Premises or the items provided by the Landlord beyond fair wear and tear; the cost of cleaning where the Premises are not returned in the required condition; the cost of replacing missing items, keys or access devices; the cost of removing and disposing of abandoned property; and any other sums owed by the Tenant under this Agreement.
Where any deduction is made, the Landlord shall provide the Tenant with a written itemized statement of the deductions, together with reasonable supporting evidence such as invoices, quotations or photographs. If the total amount owed by the Tenant exceeds the Security Deposit, the Tenant shall pay the shortfall to the Landlord within [number] days after receiving the itemized statement.
The Tenant shall provide the Landlord with a forwarding address in writing on or before the date of surrender. The Landlord shall not be liable for any delay in returning the Security Deposit or in delivering any statement or notice caused by the Tenant's failure to provide such an address.
Governing Law and Dispute Resolution
This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of [Governing Jurisdiction].
The Parties shall first attempt in good faith to resolve any dispute arising out of or in connection with this Agreement through direct negotiation. Either Party may initiate negotiation by written notice to the other Party describing the dispute in reasonable detail.
If the dispute is not resolved within [number] days after the notice initiating negotiation, either Party may propose that the dispute be referred to mediation by [mediation body or mediator], with the costs of the mediator shared equally by the Parties. Neither Party shall be obliged to agree to mediation, and mediation shall not prevent either Party from commencing proceedings.
Subject to the preceding provisions, the courts of [City/County/Region] shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement. Each Party irrevocably submits to the jurisdiction of such courts. However, nothing in this Section shall prevent the Landlord from bringing proceedings for the recovery of Rent or possession of the Premises in any court or tribunal of competent jurisdiction where the Premises are located.
Nothing in this Section shall prevent either Party from seeking urgent interim or injunctive relief from a competent court to prevent irreparable harm, or from commencing any proceeding that Applicable Law requires to be brought before a specific court or tribunal.
The existence of any dispute shall not relieve the Tenant of its obligation to pay the Rent and Outgoings in full when due. Nor shall it relieve either Party of its obligation to continue performing this Agreement pending resolution of the dispute.
In any proceeding arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees, court costs and expenses from the other Party, to the extent permitted by Applicable Law.
Miscellaneous Provisions
This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior negotiations, representations, understandings and agreements, whether written or oral, relating to the letting of the Premises. The Tenant acknowledges that it has not relied on any statement, representation or promise not expressly set out in this Agreement.
No amendment, variation or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by both Parties, except for amendments to the House Rules made by the Landlord in accordance with the Section entitled "House Rules and Tenant Covenants."
Any notice under this Agreement shall be in writing and shall be delivered by hand, by registered or certified mail with return receipt, or by email. Notices shall be sent to the address or email address of the recipient Party stated in the opening section of this Agreement, except that notices to the Tenant may also be delivered to the Premises. Either Party may change its notice details by written notice to the other. A notice delivered by hand shall be deemed received on delivery. A notice sent by mail shall be deemed received on the [number] business day after posting. A notice sent by email shall be deemed received at the time of transmission, provided no delivery failure message is received, or, if transmitted outside business hours, on the next business day.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if this is not possible, severed from this Agreement. The validity and enforceability of the remaining provisions shall not be affected.
No failure or delay by the Landlord in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy, and no single or partial exercise shall preclude any further exercise of that or any other right or remedy. The acceptance of Rent with knowledge of a breach shall not constitute a waiver of that breach.
Where the Tenant comprises more than one person, the obligations of the Tenant under this Agreement shall be joint and several. Notice given to or by any one such person shall be deemed given to or by all of them.
Where any provision of this Agreement conflicts with a mandatory provision of Applicable Law that cannot be excluded or varied by agreement, the mandatory provision of Applicable Law shall prevail to the extent of the conflict, and this Agreement shall be read accordingly.
This Agreement shall be binding upon and enure to the benefit of the Parties and their respective heirs, personal representatives, successors and permitted assigns.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered by electronic means, including scanned copies and electronic signature platforms, shall be valid and binding to the same extent as original handwritten signatures. The Tenant confirms that it has read and understood this Agreement and has had the opportunity to obtain independent legal advice before signing it.
IN WITNESS WHEREOF, the Parties have executed this Private Rental Agreement as of the Effective Date.
LANDLORD
Signature: ______________________________
Full Name: [Full Legal Name of Landlord]
Address: [Landlord's Residential Address]
Identification Number: [Identification Number]
Telephone: [Telephone Number]
Email: [Email Address]
Date: [Date of Signature]
TENANT
Signature: ______________________________
Full Name: [Full Legal Name of Tenant]
Address: [Tenant's Current Residential Address]
Identification Number: [Identification Number]
Telephone: [Telephone Number]
Email: [Email Address]
Date: [Date of Signature]
WITNESS TO LANDLORD'S SIGNATURE (if required)
Signature: ______________________________
Full Name: [Full Name of Witness]
Address: [Address of Witness]
Date: [Date of Signature]
WITNESS TO TENANT'S SIGNATURE (if required)
Signature: ______________________________
Full Name: [Full Name of Witness]
Address: [Address of Witness]
Date: [Date of Signature]
ACKNOWLEDGMENT OF RECEIPT
The Landlord acknowledges receipt from the Tenant of the first installment of Rent in the amount of [amount] [currency] and the Security Deposit in the amount of [amount] [currency] on [Date of Receipt].
Landlord's Signature: ______________________________
The Tenant acknowledges receipt from the Landlord of [number] sets of keys and access devices for the Premises on [Date of Receipt].
Tenant's Signature: ______________________________