Rental Agreement Template
RESIDENTIAL RENTAL AGREEMENT
This Residential Rental Agreement (hereinafter referred to as the "Agreement") is made and entered into as of [EFFECTIVE DATE], by and between [LANDLORD FULL LEGAL NAME], an individual residing at [LANDLORD ADDRESS] (hereinafter referred to as the "Landlord"), and [TENANT FULL LEGAL NAME], an individual residing at [TENANT CURRENT ADDRESS] (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are hereinafter collectively referred to as the "Parties" and individually as a "Party".
WHEREAS, the Landlord is the lawful owner of certain residential real property more particularly described herein and desires to let the same to the Tenant upon the terms and conditions set forth in this Agreement; and
WHEREAS, the Tenant has inspected said premises, found them suitable for the Tenant's residential purposes, and desires to take the same on lease from the Landlord upon the terms and conditions hereinafter contained; and
WHEREAS, the Parties, each being a private individual acting in their personal capacity and not in the course of any trade, business, or profession, desire to reduce the terms of their understanding to writing to the mutual benefit of each.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and obligations herein contained, and for other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the Parties hereto, intending to be legally bound, do covenant and agree as follows.
Rental Premises and Included Items
The Landlord, in consideration of the rents, covenants, and conditions hereinafter reserved and contained on the part of the Tenant to be paid, observed, and performed, does hereby demise and let unto the Tenant, and the Tenant does hereby take from the Landlord, the residential premises situated at [PROPERTY ADDRESS, INCLUDING UNIT NUMBER IF APPLICABLE], together with all appurtenances thereunto belonging (hereinafter referred to as the "Premises").
The Premises shall be used and occupied solely as a private residential dwelling for the Tenant and the authorized occupants expressly named in this Agreement, and for no other purpose whatsoever without the prior written consent of the Landlord.
Included in the demise of the Premises are the following fixtures, appliances, furnishings, and personal property of the Landlord, which the Tenant hereby acknowledges to be in good working order and condition as of the Commencement Date: [LIST OF INCLUDED ITEMS, E.G., REFRIGERATOR, STOVE/OVEN, DISHWASHER, WASHER, DRYER, MICROWAVE, WINDOW TREATMENTS, LIGHT FIXTURES, SMOKE DETECTORS, CARBON MONOXIDE DETECTORS].
The Tenant shall, throughout the Term, keep the included items in a clean, operable, and good state of repair, ordinary wear and tear excepted, and shall return the same to the Landlord upon termination of this Agreement in substantially the same condition as received.
Any item not expressly enumerated herein or in a written addendum signed by both Parties shall be deemed excluded from this demise, and the Tenant shall acquire no right, title, or interest therein.
The authorized occupants of the Premises shall be limited to the following persons: [NAMES AND AGES OF ALL AUTHORIZED OCCUPANTS]. No person other than those enumerated shall reside at the Premises for a period exceeding [NUMBER] consecutive days, or [NUMBER] days in the aggregate within any calendar month, without the prior written consent of the Landlord.
The Tenant acknowledges that the Premises are let in their present "as-is" condition, subject only to such express warranties as are implied by applicable law and may not be disclaimed, and that no representations or warranties, express or implied, have been made by the Landlord save as expressly set forth herein.
Term and Renewal
The term of this Agreement shall commence on [COMMENCEMENT DATE] (hereinafter the "Commencement Date") and shall continue for an initial fixed term of [NUMBER] months, terminating on [EXPIRATION DATE] (hereinafter the "Initial Term"), unless sooner terminated in accordance with the provisions hereof.
Upon the expiration of the Initial Term, and upon each anniversary of such expiration thereafter, this Agreement shall automatically renew for successive periods of [NUMBER] months each (each a "Renewal Term", and together with the Initial Term, the "Term"), upon the same terms and conditions as are herein contained, save as to rent and such other terms as the Landlord may lawfully modify pursuant to the provisions of this Agreement.
Notwithstanding the foregoing, either Party may prevent such automatic renewal by delivering to the other Party written notice of non-renewal not less than [NUMBER] days prior to the expiration of the then-current Term, in which event this Agreement shall terminate at the end of such Term without further act of either Party.
Should the Tenant fail to deliver timely notice of non-renewal and thereafter vacate the Premises prior to the expiration of any Renewal Term, the Tenant shall remain fully liable for all rent and other charges accruing through the end of such Renewal Term, together with any reletting costs incurred by the Landlord.
Possession of the Premises shall be delivered to the Tenant on the Commencement Date, provided the Tenant has paid the first month's rent, the Security Deposit, and all other sums then due, and has executed this Agreement.
If, for any reason not attributable to the Landlord's willful misconduct, possession cannot be delivered on the Commencement Date, the rent shall abate on a per diem basis until such time as possession is tendered, and the Landlord shall have no further liability to the Tenant on account of such delay.
Time shall be of the essence as to all obligations of the Tenant under this Agreement.
Rent and Payment
The Tenant covenants and agrees to pay to the Landlord, as rent for the Premises, the sum of [AMOUNT IN WORDS AND NUMERALS] United States Dollars ($[AMOUNT]) per month (hereinafter the "Rent"), payable monthly in advance, without demand, deduction, offset, abatement, or counterclaim of any kind, on or before the first (1st) day of each and every calendar month throughout the Term.
The first installment of Rent shall be paid upon execution of this Agreement, together with the Security Deposit and any other sums required hereunder. If the Commencement Date falls on a day other than the first day of a calendar month, the Rent for the partial month shall be prorated on a per diem basis and paid in advance.
All payments of Rent and other sums due hereunder shall be made in lawful money of the United States by [METHOD OF PAYMENT, E.G., ELECTRONIC TRANSFER, CERTIFIED CHECK, MONEY ORDER] to the Landlord at [PAYMENT ADDRESS OR ACCOUNT DETAILS], or at such other place or by such other means as the Landlord may from time to time designate in writing.
Payment shall be deemed made only upon actual receipt of good and collected funds by the Landlord, and not upon mailing, transmission, or initiation of any payment.
The Tenant's obligation to pay Rent shall be independent of each and every other covenant of this Agreement, and no act, omission, or default by the Landlord shall relieve the Tenant of the obligation to pay Rent timely and in full.
Any partial payment accepted by the Landlord shall be applied first to accrued late fees, costs, and other charges, and thereafter to the oldest outstanding Rent, and no acceptance of a partial payment shall constitute a waiver of the Landlord's right to collect the balance or to pursue any remedy for default.
All sums other than Rent payable by the Tenant hereunder shall constitute "Additional Rent", and the Landlord shall have the same rights and remedies for the nonpayment thereof as for the nonpayment of Rent.
Security Deposit
Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of [AMOUNT IN WORDS AND NUMERALS] United States Dollars ($[AMOUNT]) (hereinafter the "Security Deposit") as security for the faithful performance by the Tenant of each and every covenant, term, and condition of this Agreement.
The Security Deposit shall be held by the Landlord in accordance with applicable law and shall not be deemed an advance payment of Rent or a measure of the Landlord's damages in the event of the Tenant's default.
The Landlord may, but shall not be obligated to, apply all or any portion of the Security Deposit toward the cure of any default by the Tenant, including without limitation unpaid Rent, damages to the Premises beyond ordinary wear and tear, cleaning charges, unpaid utility charges, and any other sums owing by the Tenant hereunder.
Should the Landlord apply any portion of the Security Deposit during the Term, the Tenant shall, within [NUMBER] days of written demand, replenish the Security Deposit to its original amount, and the failure to do so shall constitute a material default under this Agreement.
Within the time period prescribed by applicable law following the termination of this Agreement and the Tenant's complete surrender of the Premises, the Landlord shall return to the Tenant the balance of the Security Deposit, if any, together with an itemized statement of any deductions therefrom.
The Tenant shall provide the Landlord with a forwarding address upon vacating the Premises; the Landlord shall have no obligation to search for the Tenant, and any refund shall be deemed properly tendered when mailed to the forwarding address last furnished.
The Tenant shall not have the right to apply the Security Deposit toward any installment of Rent, including the final month's Rent, and any attempt to do so shall constitute a material default under this Agreement.
Late Fees and Returned Payments
In the event any installment of Rent or other sum due hereunder is not received by the Landlord on or before the [NUMBER]th day of the month in which it is due, the Tenant shall pay to the Landlord, as Additional Rent, a late charge equal to [AMOUNT OR PERCENTAGE] (hereinafter the "Late Fee"), to compensate the Landlord for the administrative expense and inconvenience occasioned by such late payment.
The Late Fee shall be due and payable upon the imposition thereof and shall be in addition to, and not in lieu of, any other remedies available to the Landlord for nonpayment of Rent.
In the event any check, electronic transfer, or other instrument tendered by the Tenant in payment of Rent or any other sum is dishonored, returned, or reversed for any reason, the Tenant shall pay to the Landlord, as Additional Rent, a returned payment charge of [AMOUNT] United States Dollars ($[AMOUNT]), together with any bank or processing fees incurred by the Landlord.
Following a single occurrence of a dishonored or returned payment, the Landlord may, at the Landlord's sole discretion, require that all future payments be made by certified check, money order, or electronic funds transfer, and the Tenant shall comply with such requirement.
The imposition and collection of Late Fees and returned payment charges shall not constitute a waiver by the Landlord of the Tenant's default or of the Landlord's right to pursue any remedy available at law or in equity, including the right to terminate this Agreement.
The Parties agree that the Late Fee and returned payment charge represent a fair and reasonable estimate of the costs that the Landlord will incur by reason of such late or dishonored payment, and shall not be construed as a penalty.
Use and Occupancy
The Tenant shall use and occupy the Premises exclusively as a private residential dwelling for the Tenant and the authorized occupants named herein, and for no other purpose, trade, business, profession, or commercial activity whatsoever.
The Tenant shall not do, suffer, or permit anything to be done in or about the Premises which shall constitute a nuisance, interfere with the quiet enjoyment of other residents or neighbors, violate any applicable law, ordinance, or regulation, or invalidate or increase the premium of any insurance policy covering the Premises.
The Tenant shall not use or permit the use of the Premises for any unlawful or hazardous purpose, nor keep or store therein any flammable, explosive, or hazardous substance other than such household quantities as are customary and reasonable for residential use.
The maximum number of persons permitted to reside at the Premises on a continuing basis shall not exceed [NUMBER], and the Tenant shall not permit the Premises to be used by any person not expressly authorized herein for a period exceeding that specified in this Agreement.
The Tenant shall conduct themselves, and shall cause all occupants, guests, and invitees to conduct themselves, in a manner that shall not disturb the peace, comfort, or quiet enjoyment of the neighborhood, and shall observe all reasonable rules and regulations promulgated by the Landlord from time to time.
The Tenant shall not display any signs, advertisements, or notices visible from the exterior of the Premises without the prior written consent of the Landlord.
The Tenant acknowledges that the Premises are not to be used for any short-term rental, home-sharing, or similar arrangement, including without limitation through any online platform, and any such use shall constitute a material default under this Agreement.
Utilities and Services
The Tenant shall, at the Tenant's sole cost and expense, promptly place in the Tenant's own name and pay directly to the applicable providers all charges for utilities and services consumed at or furnished to the Premises during the Term, including without limitation electricity, gas, water, sewer, trash and recycling collection, telephone, internet, cable or satellite television, and any other utility or service used at the Premises, except for such utilities as the Landlord may expressly agree in writing to furnish.
The Landlord shall furnish, at the Landlord's cost, only the following utilities or services: [LIST OF UTILITIES/SERVICES, IF ANY, FURNISHED BY LANDLORD; OTHERWISE "NONE"].
The Tenant shall maintain all such utility accounts in good standing throughout the Term and shall not permit any utility to be disconnected or terminated for nonpayment, and the Tenant shall indemnify and hold the Landlord harmless from any charges, liens, or liabilities arising from the Tenant's failure to pay the same.
Any interruption, failure, or inadequacy of utility service not caused by the willful misconduct of the Landlord shall not constitute a constructive eviction, entitle the Tenant to any abatement of Rent, or render the Landlord liable in damages.
The Tenant shall use all utilities in a reasonable and conservative manner, and shall not overload any electrical, plumbing, heating, or cooling system or appurtenance.
Upon the termination of this Agreement, the Tenant shall promptly cause all utility accounts in the Tenant's name to be closed and shall pay all final charges accruing through the date of surrender.
Maintenance and Repairs
The Tenant shall, at the Tenant's sole cost and expense, keep and maintain the Premises and every part thereof in a clean, sanitary, safe, and good state of repair throughout the Term, and shall be responsible for all routine, minor, and ordinary repairs, including without limitation the replacement of light bulbs, batteries in smoke and carbon monoxide detectors, air filters, minor plumbing clogs, and similar maintenance items.
The Tenant shall promptly notify the Landlord in writing of any condition at the Premises requiring repair which is the Landlord's responsibility hereunder, and the Landlord shall thereafter have a reasonable period of time within which to effect such repair.
The Landlord shall be responsible for structural repairs to the roof, foundation, exterior walls, and major mechanical, electrical, and plumbing systems, except to the extent that any such repair is necessitated by the act, omission, negligence, or misuse of the Tenant, the Tenant's occupants, guests, or invitees, in which event the cost of such repair shall be borne by the Tenant and paid as Additional Rent.
The Tenant shall not permit any waste, damage, or injury to the Premises, and shall be liable to the Landlord for all damage caused by the Tenant, the Tenant's occupants, guests, or invitees, ordinary wear and tear excepted.
The Tenant shall maintain the lawn, landscaping, exterior areas, and any yard or garden appurtenant to the Premises (if applicable) in a neat and orderly condition, and shall remove snow, ice, and debris from walkways and driveways as required.
The Tenant shall take all reasonable precautions to prevent damage from freezing pipes, water intrusion, mold, pest infestation, and fire, and shall promptly report any such condition to the Landlord.
The Tenant's failure to perform any maintenance or repair required hereunder shall entitle the Landlord, after reasonable notice (except in cases of emergency), to perform the same at the Tenant's cost, which cost shall be payable as Additional Rent upon demand.
The Tenant shall not call upon the Landlord for any repair or maintenance which is the Tenant's responsibility hereunder, and shall indemnify the Landlord against all costs incurred by reason thereof.
Alterations and Improvements
The Tenant shall not make or permit to be made any alterations, additions, improvements, or modifications to the Premises, whether structural or non-structural, including without limitation painting, wallpapering, installation of fixtures, drilling of holes beyond ordinary picture-hanging, or changing of locks, without the prior written consent of the Landlord, which consent may be granted, withheld, or conditioned in the Landlord's sole and absolute discretion.
Any alteration, addition, or improvement made with or without the Landlord's consent shall, at the Landlord's option, either become the property of the Landlord upon termination of this Agreement and remain upon the Premises without compensation to the Tenant, or be removed by the Tenant at the Tenant's expense, with the Tenant restoring the Premises to their original condition.
All work consented to by the Landlord shall be performed in a good and workmanlike manner, in compliance with all applicable laws, codes, and ordinances, and by licensed contractors where required.
The Tenant shall keep the Premises free and clear of any mechanics' or materialmen's liens arising out of any work performed, materials furnished, or obligations incurred by the Tenant, and shall indemnify the Landlord against the same.
The Tenant shall not install any satellite dish, antenna, alarm system, security camera, or similar device on the exterior of the Premises without the prior written consent of the Landlord.
Should the Tenant make any unauthorized alteration, the Landlord may, at the Landlord's election, require the Tenant to restore the Premises to their prior condition at the Tenant's expense, and may deduct the cost thereof from the Security Deposit or recover the same as Additional Rent.
Pets and Smoking Prohibition
The Tenant covenants and agrees that no pets, animals, or creatures of any kind, whether domestic or otherwise, shall be kept, harbored, or permitted upon the Premises at any time during the Term, whether temporarily or permanently, and whether belonging to the Tenant, an occupant, a guest, or any other person, save and except for service animals as required by applicable law upon proper documentation and advance written notice to the Landlord.
The Tenant further covenants that no smoking, vaping, or use of any tobacco, cannabis, or similar product, in any form whatsoever, shall be permitted anywhere upon the Premises, including interior spaces, balconies, patios, yards, or any common areas appurtenant thereto.
Any breach of the prohibitions set forth in this section shall constitute a material default under this Agreement and shall entitle the Landlord, at the Landlord's option, to terminate this Agreement forthwith and to pursue all remedies available at law or in equity.
The Tenant shall be liable for all damages, including without limitation odor remediation, deep cleaning, deodorization, replacement of carpeting, repainting, and restoration of surfaces, resulting from any violation of the foregoing prohibitions, and such damages shall be payable as Additional Rent.
The presence of any pet or evidence of smoking upon the Premises, including odors, ash, residue, or burn marks, shall constitute prima facie evidence of a violation of this section.
In addition to any actual damages, the Landlord may assess a violation charge of [AMOUNT] United States Dollars ($[AMOUNT]) per occurrence as liquidated damages for breach of this section, which the Parties agree represents a fair estimate of the Landlord's damages and inconvenience and shall not be construed as a penalty.
Landlord's Access to the Property
The Landlord and the Landlord's agents, employees, contractors, and representatives shall have the right to enter the Premises at reasonable times and upon reasonable prior notice (which shall be deemed to be not less than [NUMBER] hours' notice, except in cases of emergency) for the purposes of inspection, making repairs, performing maintenance, supplying services, showing the Premises to prospective purchasers, mortgagees, insurers, tenants, or contractors, or for any other lawful purpose.
In the event of an emergency, including without limitation fire, flood, suspected gas leak, or imminent threat to person or property, the Landlord may enter the Premises at any time, with or without notice, and without the Tenant's consent.
The Tenant shall not change, add to, or re-key any lock on the Premises without the prior written consent of the Landlord, and shall promptly furnish the Landlord with keys to any lock as to which such consent is given.
The Tenant shall not unreasonably withhold consent to the Landlord's entry, and any such refusal shall constitute a material default under this Agreement.
During the final [NUMBER] days of the Term, the Landlord may enter the Premises at reasonable times, upon reasonable prior notice, to show the Premises to prospective tenants and to post customary "For Rent" or "For Sale" signs.
The Landlord's right of entry shall not be construed as an obligation to inspect, repair, or maintain, and the Landlord shall have no liability for failure to do so except as expressly provided herein.
Assignment and Subletting
The Tenant shall not assign, transfer, mortgage, pledge, hypothecate, or otherwise encumber this Agreement or any interest herein, nor sublet the Premises or any portion thereof, nor permit the use or occupancy of the Premises by any person other than the authorized occupants named herein, without in each instance obtaining the prior written consent of the Landlord, which consent may be granted, withheld, or conditioned in the Landlord's sole and absolute discretion.
Any attempted assignment, transfer, or subletting without such consent shall be void ab initio, shall confer no rights upon the purported assignee or subtenant, and shall constitute a material default under this Agreement.
The consent of the Landlord to any one assignment or subletting shall not operate as a consent to any subsequent assignment or subletting, nor shall it release the Tenant from the Tenant's obligations hereunder, which shall remain joint and several with any permitted assignee or subtenant.
The Tenant shall not list, advertise, or offer the Premises or any part thereof for short-term rental, vacation rental, or home-sharing on any platform or by any means, and any such listing or offering shall constitute a material default under this Agreement.
The Landlord shall have the right to assign this Agreement and the Landlord's interest in the Premises to any successor-in-interest without the consent of the Tenant, and upon such assignment, the Landlord shall be released from all obligations hereunder arising after the date of such assignment, provided the assignee assumes the same.
In the event any request for consent is made, the Tenant shall reimburse the Landlord for all reasonable costs and expenses, including legal fees, incurred by the Landlord in considering such request, whether or not consent is granted.
Insurance and Indemnification
The Tenant shall, throughout the Term, at the Tenant's sole cost and expense, procure and maintain a renter's insurance policy with a reputable insurer licensed to do business in the jurisdiction where the Premises are located, providing personal property coverage of not less than [AMOUNT] United States Dollars ($[AMOUNT]) and personal liability coverage of not less than [AMOUNT] United States Dollars ($[AMOUNT]), naming the Landlord as an additional interested party.
The Tenant shall furnish the Landlord with a certificate of insurance evidencing such coverage upon the Commencement Date and upon each renewal thereof, and shall provide the Landlord with not less than [NUMBER] days' written notice of any cancellation, non-renewal, or material change in such coverage.
The Landlord shall not be liable for any loss, damage, or injury to the person or property of the Tenant, the Tenant's occupants, guests, invitees, or any other person at or about the Premises, except to the extent such loss, damage, or injury is caused by the Landlord's gross negligence or willful misconduct.
The Tenant shall indemnify, defend, and hold harmless the Landlord and the Landlord's heirs, successors, and assigns from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) the Tenant's use or occupancy of the Premises, (b) any act, omission, negligence, or willful misconduct of the Tenant, the Tenant's occupants, guests, or invitees, (c) any breach by the Tenant of any covenant, term, or condition of this Agreement, or (d) any injury to person or property occurring at or about the Premises, except to the extent caused by the Landlord's gross negligence or willful misconduct.
The Tenant waives any right of subrogation that the Tenant's insurer may have against the Landlord.
The indemnification obligations of the Tenant hereunder shall survive the termination or expiration of this Agreement.
The Tenant acknowledges that the Landlord's insurance, if any, does not cover the Tenant's personal property or liability, and that the Tenant is solely responsible for insuring the same.
Move-Out, Surrender and Holdover
Upon the expiration or earlier termination of this Agreement, the Tenant shall peaceably and quietly surrender the Premises to the Landlord in broom-clean condition and in substantially the same condition as received on the Commencement Date, ordinary wear and tear excepted, together with all keys, remote controls, access devices, and all included items in good working order.
The Tenant shall remove all personal property from the Premises prior to surrender; any personal property remaining at the Premises after surrender shall be deemed abandoned and may be disposed of by the Landlord in accordance with applicable law, with the cost thereof chargeable to the Tenant.
The Tenant shall, upon surrender, repair any damage to the Premises beyond ordinary wear and tear, including without limitation holes in walls, stains on flooring, damaged fixtures or appliances, and shall professionally clean the Premises, including carpets, failing which the Landlord may perform such repairs and cleaning at the Tenant's expense.
Should the Tenant remain in possession of the Premises after the expiration or termination of this Agreement without the Landlord's written consent, such holdover shall not be deemed a renewal or extension hereof, but shall constitute a tenancy at sufferance terminable at the Landlord's will.
During any such holdover period, the Tenant shall pay to the Landlord, as holdover rent, a sum equal to [NUMBER, E.G., 150 OR 200] percent ([NUMBER]%) of the Rent in effect immediately prior to such holdover, prorated on a per diem basis, in addition to all other charges accruing hereunder.
The Tenant shall indemnify and hold the Landlord harmless from any and all claims, damages, and liabilities, including without limitation claims by any succeeding tenant, arising out of or in connection with such holdover.
Nothing contained in this section shall be construed as a consent by the Landlord to any holdover, nor as a limitation upon the Landlord's right to recover possession of the Premises and to pursue any other remedy available at law or in equity.
Default and Remedies
Each and all of the following shall constitute a material default (hereinafter an "Event of Default") by the Tenant under this Agreement: (i) the failure to pay any installment of Rent, Additional Rent, or any other sum due hereunder within [NUMBER] days of the date due; (ii) the breach of any other covenant, term, or condition of this Agreement which breach is not cured within [NUMBER] days after written notice from the Landlord (or such shorter period as applicable law may permit); (iii) the abandonment of the Premises; (iv) the filing by or against the Tenant of any petition in bankruptcy or insolvency; (v) the making of any materially false statement in connection with the Tenant's application or this Agreement; or (vi) the breach of any prohibition contained in the sections hereof relating to pets, smoking, assignment, subletting, or short-term rental, which breaches shall require no prior notice or opportunity to cure.
Upon the occurrence of any Event of Default, the Landlord shall have the right, at the Landlord's option and in addition to any other right or remedy available at law or in equity, to (a) terminate this Agreement upon written notice to the Tenant; (b) re-enter and take possession of the Premises by lawful means; (c) remove all persons and property therefrom; and (d) relet the Premises for the account of the Tenant.
The Landlord shall be entitled to recover from the Tenant all damages sustained by reason of such Event of Default, including without limitation unpaid Rent, Rent accruing through the end of the then-current Term, reletting costs, reasonable attorneys' fees, court costs, cleaning and restoration costs, and all other sums owing by the Tenant hereunder.
The remedies available to the Landlord hereunder shall be cumulative and not exclusive, and the exercise of any one remedy shall not preclude the exercise of any other remedy.
No waiver by the Landlord of any default by the Tenant shall be deemed a waiver of any subsequent default, nor shall acceptance of Rent after any default constitute a waiver of such default or of the Landlord's right to pursue any remedy.
The Tenant hereby waives any right to a jury trial in any action or proceeding brought by the Landlord to enforce this Agreement or to recover possession of the Premises.
In any action or proceeding to enforce this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing Party.
Termination
This Agreement may be terminated prior to the expiration of the then-current Term only in accordance with the provisions hereof or as otherwise expressly permitted by applicable law.
The Landlord may terminate this Agreement upon the occurrence of any Event of Default by the Tenant, by delivering written notice of termination to the Tenant, whereupon this Agreement shall terminate on the date specified in such notice.
Should the Premises be rendered wholly untenantable by fire, casualty, or other cause not attributable to the fault of the Tenant, either Party may terminate this Agreement by written notice to the other, in which event Rent shall be prorated to the date of such casualty and the Security Deposit shall be refunded in accordance with this Agreement.
Early termination by the Tenant prior to the expiration of the then-current Term, other than as expressly permitted hereunder or by applicable law, shall constitute a material default, and the Tenant shall remain liable for all Rent and other charges accruing through the end of the Term, together with all costs of reletting, as liquidated damages or as actual damages at the Landlord's election.
Upon any termination of this Agreement, the Tenant shall surrender the Premises in accordance with the provisions of this Agreement, and all obligations of the Tenant accruing prior to termination shall survive.
The provisions of this Agreement relating to indemnification, insurance, holdover, default and remedies, and payment of accrued but unpaid sums shall survive the termination or expiration of this Agreement.
Termination of this Agreement, however effected, shall not release either Party from any liability or obligation accruing prior to the effective date of such termination.
Notices
All notices, demands, requests, consents, and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed duly given when (i) personally delivered, (ii) sent by certified or registered United States mail, return receipt requested, postage prepaid, (iii) sent by nationally recognized overnight courier with proof of delivery, or (iv) sent by electronic mail with confirmation of receipt, in each case addressed to the Party at the address set forth in this Agreement or at such other address as such Party may designate by written notice to the other Party.
Notices to the Landlord shall be sent to: [LANDLORD NOTICE ADDRESS AND EMAIL].
Notices to the Tenant shall be sent to the Tenant at the Premises or at such other address as the Tenant may designate by written notice to the Landlord, and to: [TENANT EMAIL, IF APPLICABLE].
Any notice sent by mail shall be deemed delivered three (3) business days after deposit in the United States mail; any notice sent by overnight courier shall be deemed delivered on the next business day following deposit; and any notice sent by electronic mail shall be deemed delivered upon confirmation of receipt by the recipient.
Refusal to accept delivery of a notice duly tendered shall be deemed delivery thereof as of the date of such refusal.
Either Party may change its address for notices by delivering written notice of such change to the other Party in accordance with this section, and such change shall be effective upon receipt.
Governing Law and Dispute Resolution
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of [STATE], without regard to its conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be brought exclusively in the state or federal courts of competent jurisdiction located in [COUNTY], State of [STATE], and the Parties hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection based upon forum non conveniens.
Prior to the institution of any legal proceeding (other than an action for possession, injunctive relief, or collection of liquidated sums due), the Parties shall endeavor in good faith to resolve any dispute by direct negotiation for a period of not less than [NUMBER] days following written notice of such dispute.
In any action or proceeding brought to enforce this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees, court costs, and expenses from the non-prevailing Party.
The Parties hereby irrevocably waive, to the fullest extent permitted by law, any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement.
Nothing in this section shall limit the Landlord's right to institute summary proceedings to recover possession of the Premises or to collect past-due Rent in the court having jurisdiction over such matters where the Premises are located.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.
Rent Increases and Renewal Terms
Upon each renewal of this Agreement, whether automatic or by express agreement, the Landlord may, at the Landlord's sole discretion, increase the Rent payable hereunder, provided that written notice of such increase is delivered to the Tenant not less than [NUMBER] days prior to the commencement of the applicable Renewal Term.
Any such Rent increase shall not exceed [PERCENTAGE OR AMOUNT] of the Rent in effect immediately prior to such increase, or such greater amount as may be permitted by applicable law, and shall take effect on the first day of the applicable Renewal Term.
Should the Tenant object to any such Rent increase, the Tenant's sole and exclusive remedy shall be to deliver timely written notice of non-renewal in accordance with this Agreement, and to surrender the Premises on or before the expiration of the then-current Term.
The Tenant's continued occupancy of the Premises on or after the effective date of a duly noticed Rent increase shall constitute the Tenant's acceptance of such increase and the Tenant's agreement to pay the increased Rent.
All other terms and conditions of this Agreement shall continue in full force and effect during each Renewal Term, except as expressly modified by written agreement of the Parties or as permitted hereunder.
The Landlord reserves the right, at the commencement of any Renewal Term, to modify other non-essential terms of this Agreement by written notice to the Tenant delivered not less than [NUMBER] days prior to the commencement of such Renewal Term, provided such modifications are consistent with applicable law.
Nothing herein shall be deemed to limit the Landlord's right to decline to renew this Agreement by delivering timely notice of non-renewal.
Common Areas, Parking and House Rules
To the extent the Premises form part of a multi-unit building, complex, or community, the Tenant shall have the right to use, in common with other authorized persons, such common areas as are designated by the Landlord from time to time, subject to all rules, regulations, and restrictions imposed by the Landlord or any applicable governing body.
Parking at or about the Premises, if any, shall be limited to [NUMBER] vehicle(s) in the space(s) designated by the Landlord, and only vehicles that are duly registered, insured, and in operable condition shall be permitted. No commercial vehicles, recreational vehicles, boats, trailers, or inoperable vehicles shall be parked at the Premises without the prior written consent of the Landlord.
The Tenant shall not perform any vehicle repairs or maintenance (other than minor emergency repairs) at or about the Premises, and shall promptly remove any oil, fluid, or other stains caused by the Tenant's vehicle.
The Tenant shall comply with all house rules, community rules, and regulations as the Landlord may promulgate and amend from time to time by written notice, and all such rules shall be deemed incorporated herein by reference as if fully set forth.
The Tenant shall not place, store, or display any personal property, garbage, bicycles, or other items in any hallway, stairway, lobby, or other common area, and shall deposit all trash and refuse only in the receptacles provided and in accordance with scheduled collection.
Guests of the Tenant shall observe all house rules and shall be the Tenant's responsibility; the Tenant shall be liable for any violation of this Agreement or applicable rules by any such guest.
The Landlord reserves the right to restrict, suspend, or revoke any Tenant's use of common areas or parking facilities for violation of this Agreement or applicable rules, and any such restriction, suspension, or revocation shall not entitle the Tenant to any abatement of Rent.
Move-In Condition and Inspection
Prior to or upon the Commencement Date, the Parties shall jointly inspect the Premises and complete a written move-in condition report (hereinafter the "Condition Report") documenting the condition of the Premises and all included items.
The Condition Report shall be signed by both Parties and shall constitute conclusive evidence of the condition of the Premises as of the Commencement Date, save as to latent defects not reasonably discoverable upon inspection.
Should the Tenant fail to participate in the joint inspection or to execute the Condition Report within [NUMBER] days of the Commencement Date, the Premises shall be conclusively deemed to have been delivered in good, clean, and tenantable condition, and the Tenant shall be deemed to have accepted the same without reservation.
The Tenant shall promptly notify the Landlord in writing of any defect, damage, or condition observed at the Premises during the Term, and failure to do so shall preclude the Tenant from asserting that such condition existed prior to the Tenant's occupancy.
Upon the termination of this Agreement and the Tenant's surrender of the Premises, the Parties shall jointly inspect the Premises and compare the condition thereof to the Condition Report, for the purpose of determining damages, if any, chargeable to the Tenant.
Should the Tenant fail to participate in the move-out inspection, the Landlord may conduct such inspection unilaterally, and the Landlord's determination of damages, supported by reasonable documentation, shall be presumptively correct.
The Tenant acknowledges that the Tenant has inspected the Premises prior to the execution of this Agreement, that the Tenant finds the Premises suitable for the Tenant's intended use, and that the Tenant accepts the Premises in their present "as-is" condition, subject only to the Landlord's express obligations hereunder.
IN WITNESS WHEREOF, the Parties hereto have executed this Residential Rental Agreement as of the Effective Date first above written, intending to be legally bound hereby.
This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous negotiations, understandings, and agreements, whether oral or written. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered by electronic means (including scanned PDF or recognized electronic signature platforms) shall be deemed originals for all purposes.
LANDLORD:
Signature: ______________________________
Printed Name: [LANDLORD FULL LEGAL NAME]
Address: [LANDLORD ADDRESS]
Telephone: [LANDLORD TELEPHONE]
Email: [LANDLORD EMAIL]
Date: [DATE OF SIGNATURE]
TENANT:
Signature: ______________________________
Printed Name: [TENANT FULL LEGAL NAME]
Address: [TENANT ADDRESS]
Telephone: [TENANT TELEPHONE]
Email: [TENANT EMAIL]
Date: [DATE OF SIGNATURE]
WITNESS (OPTIONAL):
Signature: ______________________________
Printed Name: [WITNESS NAME]
Date: [DATE OF SIGNATURE]