Residential Rental Agreement Template
RESIDENTIAL RENTAL AGREEMENT
This Residential Rental Agreement (hereinafter referred to as the "Agreement") is made and entered into on this [Day] day of [Month], [Year] (the "Effective Date").
BY AND BETWEEN:
[Landlord Full Legal Name], a private individual of full age and capacity, holding identification document number [ID Number], residing at [Landlord Residential Address] (hereinafter referred to as the "Landlord"), of the first part;
AND
[Tenant Full Legal Name], a private individual of full age and capacity, holding identification document number [ID Number], residing at [Tenant Residential Address] (hereinafter referred to as the "Tenant"), of the second part.
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 and holds good and marketable title to the residential premises more particularly described hereinbelow;
WHEREAS, the Landlord is desirous of letting the said premises for private residential use upon the terms and conditions hereinafter appearing;
WHEREAS, the Tenant has inspected the said premises, is satisfied as to the state and condition thereof, and is desirous of taking the same on rent for the purposes of a private dwelling;
NOW, THEREFORE, in consideration of the mutual covenants, representations and undertakings herein contained, and for other good and valuable consideration the receipt and sufficiency of which are hereby mutually acknowledged, the Parties hereto agree as follows:
Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following words and expressions shall bear the meanings respectively ascribed to them: the term "Premises" shall mean the residential dwelling described in Section 2 hereof together with all fixtures, fittings, appurtenances and common parts (if any) appertaining thereto; the term "Term" shall mean the fixed period of tenancy created by this Agreement; the term "Rent" shall mean the periodic payment payable by the Tenant to the Landlord in consideration of the demise hereby granted; the term "Security Deposit" shall mean the sum deposited by the Tenant with the Landlord as security for the due performance of the Tenant's obligations hereunder; the term "Permitted Occupants" shall mean those persons expressly authorised to reside at the Premises pursuant to Section 3; and the term "Business Day" shall mean any day other than a Saturday, Sunday or public holiday observed in the jurisdiction wherein the Premises are situate.
Words importing the singular shall include the plural and vice versa, and words importing any particular gender shall include all genders.
The headings and sub-headings in this Agreement are inserted for convenience of reference only and shall not affect the construction or interpretation of any provision hereof.
Any reference to a Section or clause is a reference to a Section or clause of this Agreement unless the context otherwise requires.
References to any sum of money shall be construed as references to the lawful currency of [Country], namely [Currency], unless otherwise expressly stated.
The expressions "including", "includes" and "in particular" shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words.
Where any obligation is undertaken by two or more persons jointly, such obligation shall be deemed to be a joint and several obligation of such persons.
Any reference to writing or written form shall include electronic mail and other durable forms of recorded communication, save where expressly provided to the contrary.
Demised Premises and Term of Tenancy
The Landlord hereby demises and lets unto the Tenant, and the Tenant hereby takes on rent from the Landlord, ALL THAT residential dwelling known as and situate at [Full Address of Premises], comprising [Number] bedrooms, [Number] bathrooms, and such other rooms and amenities as are more particularly described in the inventory to be jointly executed by the Parties on the Commencement Date (hereinafter referred to as the "Premises").
The Term of the tenancy hereby created shall be a fixed term of six (6) calendar months commencing on [Commencement Date] (the "Commencement Date") and expiring, unless sooner determined in accordance with the provisions hereof, on [Expiration Date] (the "Expiration Date"), both dates inclusive.
The Tenant shall have no right to hold over beyond the Expiration Date, and any continued occupation of the Premises after the Expiration Date without the express written consent of the Landlord shall constitute a trespass, entitling the Landlord to all remedies available at law or in equity, including without limitation the recovery of mesne profits.
The Parties may, by mutual agreement in writing executed not less than thirty (30) days prior to the Expiration Date, extend or renew the Term upon such revised terms and conditions as they shall then agree.
Possession of the Premises shall be delivered to the Tenant on the Commencement Date in a clean and tenantable condition, and the Tenant shall, upon such delivery, sign the inventory and condition report prepared by the Landlord, which shall be conclusive evidence of the state and condition of the Premises as at that date.
The demise hereby granted is a tenancy for a fixed term and shall not confer upon the Tenant any statutory right of renewal, perpetuation or security of tenure save as may be mandatorily imposed by applicable law.
Time shall be of the essence in respect of all dates and periods specified in this Section.
Use of Premises and Permitted Occupants
The Premises shall be used and occupied by the Tenant solely and exclusively as a private residential dwelling for the Tenant and the Permitted Occupants, and for no other purpose whatsoever.
The Permitted Occupants shall be limited to the following persons: [Names of Permitted Occupants], and no other person shall be permitted to reside at the Premises on a permanent or quasi-permanent basis without the prior written consent of the Landlord, which consent may be withheld at the Landlord's sole and absolute discretion.
The Tenant shall not use the Premises, or permit the same to be used, for any trade, business, profession, commercial or industrial activity, nor for any unlawful, immoral, noxious, offensive or hazardous purpose.
The Tenant shall not do or permit to be done upon the Premises any act or thing which may be or become a nuisance, annoyance, damage or disturbance to the Landlord or to the owners or occupiers of any adjoining or neighbouring premises.
The Tenant shall observe and comply with all laws, rules, regulations, bye-laws and ordinances for the time being in force affecting the Premises or their occupation and use, and shall indemnify the Landlord against all penalties, fines, costs and damages arising from any breach thereof.
The Tenant shall not store, bring or permit to be brought upon the Premises any goods or articles of a dangerous, inflammable, explosive, hazardous or combustible nature, save for such ordinary household items as are reasonably required for domestic use.
The maximum number of persons occupying the Premises overnight shall not at any time exceed [Number], and the Tenant shall not use the Premises for short-term lettings, holiday rentals, home-sharing arrangements or similar commercial accommodation services.
Guests of the Tenant shall be permitted provided that no single guest or group of guests shall remain in occupation for a continuous period exceeding fourteen (14) days without the prior written consent of the Landlord.
Rent and Payment Terms
The Tenant shall pay to the Landlord as rent for the Premises the sum of [Currency] [Amount] per calendar month (the "Rent"), free and clear of any deduction, set-off or counterclaim whatsoever.
The Rent shall be payable monthly in advance on or before the [Day] day of each and every calendar month throughout the Term, the first such payment to be made on the Commencement Date.
Where the Commencement Date or the Expiration Date falls on a day other than the first or last day of a calendar month, the Rent for such partial month shall be apportioned on a pro rata basis calculated by reference to the actual number of days in the relevant month.
All payments of Rent shall be made by electronic bank transfer to the following account designated by the Landlord: [Bank Name], Account Name: [Account Holder Name], Account Number: [Account Number], or to such other account as the Landlord may from time to time notify the Tenant in writing not less than fifteen (15) days in advance of the next due date.
Payment shall be deemed effected only upon the irrevocable receipt of cleared funds in the Landlord's designated account, and the Tenant shall bear all bank charges, transfer fees and currency conversion costs associated with such payment.
The Tenant's obligation to pay Rent shall be absolute and unconditional, and shall not be abated, suspended, reduced or otherwise affected by reason of any inconvenience, interruption, cessation or loss of use of the Premises or any part thereof arising from any cause whatsoever, save as expressly provided herein or as may be mandatorily required by applicable law.
The Landlord reserves the right to review the Rent upon any renewal of the Term, and no acceptance of Rent by the Landlord after the Expiration Date shall operate as a waiver of the Landlord's rights or create any new tenancy save as expressly agreed in writing.
Any payment made by the Tenant shall be applied first in satisfaction of any accrued interest, charges and arrears, and only thereafter in satisfaction of the current Rent, notwithstanding any contrary direction by the Tenant.
Security Deposit
Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of [Currency] [Amount], being equivalent to [Number] months' Rent (the "Security Deposit"), as security for the due and punctual performance and observance of all the Tenant's covenants, obligations and undertakings hereunder.
The Security Deposit shall be held by the Landlord throughout the Term and shall not be regarded as or treated as payment of Rent or any part thereof, nor shall the Tenant be entitled to any interest thereon.
The Landlord shall be entitled, without prejudice to any other right or remedy, to deduct from the Security Deposit any sums owing by the Tenant to the Landlord in respect of unpaid Rent, utility charges, damage to the Premises or its contents (fair wear and tear excepted), cleaning costs, costs of repair, or any other breach of the Tenant's obligations hereunder.
Where any such deduction is made during the Term and the balance of the Security Deposit is thereby reduced below the sum originally deposited, the Tenant shall, upon written demand by the Landlord, replenish the Security Deposit to its original amount within seven (7) days of such demand, and failure so to do shall constitute a material breach of this Agreement.
Within thirty (30) days following the expiration or earlier termination of this Agreement and the vacant possession of the Premises being redelivered to the Landlord, the Landlord shall account to the Tenant for the Security Deposit and refund the balance (if any) remaining after all lawful deductions have been made.
The Landlord shall, upon request, furnish the Tenant with a reasonable itemised statement of any deductions made from the Security Deposit together with supporting documentation where available.
The return of the Security Deposit, or any portion thereof, shall not operate as a waiver or release of any claim which the Landlord may have against the Tenant for any breach discovered subsequent to such return.
The Tenant shall not under any circumstances be entitled to apply or set off the Security Deposit against any payment of Rent, including without limitation the Rent payable for the final month of the Term.
Alterations and Improvements
The Tenant shall not make or permit to be made any alteration, addition, improvement, modification or structural change to the Premises or any part thereof, whether internal or external, without first having obtained the prior written consent of the Landlord, which consent may be granted, withheld or conditioned at the Landlord's sole and absolute discretion.
Without prejudice to the generality of the foregoing, the Tenant shall not drill, bore, cut or otherwise damage any wall, floor, ceiling, door or fixture, nor shall the Tenant install any fixed appliance, satellite dish, aerial, air-conditioning unit, security device or similar equipment without such prior written consent.
The Tenant shall be permitted, without further consent, to hang pictures, mirrors and similar decorative items by means of ordinary picture hooks or adhesive strips which do not cause material damage, provided that the Tenant shall make good any resulting damage upon surrender of the Premises.
Any alterations or improvements made with the Landlord's consent shall be carried out at the Tenant's sole cost and expense, in a good and workmanlike manner, in accordance with all applicable laws and regulations, and by qualified tradespeople approved in advance by the Landlord.
All alterations, additions, improvements and fixtures of whatsoever nature affixed to the Premises during the Term shall, at the option of the Landlord, either (i) become the absolute property of the Landlord upon affixation without compensation to the Tenant, or (ii) be removed by the Tenant upon surrender of the Premises, with the Tenant making good at its own cost all damage occasioned by such removal.
The Tenant shall indemnify and hold the Landlord harmless against all claims, demands, actions, costs, expenses and liabilities arising from or in connection with any works carried out by or on behalf of the Tenant at the Premises.
The Tenant shall not change, alter, replace or add to any lock, bolt, chain or other security device at the Premises without the prior written consent of the Landlord, and shall promptly furnish the Landlord with duplicate keys to any such changed or added device.
Late Payment and Default Interest
Should the Tenant fail to pay any Rent or other sum payable hereunder on the due date thereof, the Tenant shall pay to the Landlord, by way of liquidated damages and not as a penalty, a late payment charge of [Currency] [Amount] in respect of each such instance of late payment.
In addition to the late payment charge aforesaid, the Tenant shall pay interest on all overdue sums at the rate of [Number] per cent ([Number]%) per annum, calculated on a daily basis from the due date until the date of actual payment in full, both before and after any judgment.
The Parties expressly agree that the late payment charge and default interest hereinbefore stipulated represent a genuine pre-estimate of the loss, inconvenience and administrative costs likely to be sustained by the Landlord as a result of late payment, and are reasonable in all the circumstances.
Where any payment of Rent remains outstanding for a period in excess of seven (7) days after the due date, the Landlord shall be entitled, without prejudice to its other rights and remedies hereunder, to serve a formal notice of default upon the Tenant.
The acceptance by the Landlord of any late payment, with or without the late payment charge or default interest, shall not constitute a waiver of the Landlord's right to insist upon strict and punctual payment in future, nor shall it operate as a waiver of any other breach or default by the Tenant.
The Tenant shall further reimburse the Landlord for all reasonable costs and expenses incurred in collecting or attempting to collect any overdue sums, including without limitation legal fees on a full indemnity basis, debt collection charges and court fees.
All sums payable under this Section shall be recoverable from the Tenant as rent in arrears, and may at the Landlord's election be deducted from the Security Deposit.
Landlord's Right of Access and Inspection
The Landlord and its duly authorised agents, surveyors, contractors and workmen shall have the right, upon giving not less than twenty-four (24) hours' prior written notice to the Tenant (save in cases of emergency, when no notice shall be required), to enter upon and inspect the Premises at all reasonable times for any of the following purposes: (i) inspecting the state and condition of the Premises; (ii) carrying out any repairs, maintenance or works for which the Landlord is responsible; (iii) complying with any statutory obligation; (iv) reading meters; or (v) exercising any right or remedy under this Agreement.
During the final sixty (60) days of the Term, the Landlord shall additionally be entitled, upon reasonable prior notice, to enter the Premises together with prospective tenants or purchasers for the purposes of viewing, and to affix to the Premises reasonable "To Let" or "For Sale" notices or boards.
In cases of genuine emergency, including without limitation fire, flood, gas leak, burst pipe or risk to life or property, the Landlord or its agents may enter the Premises at any time without prior notice and, if necessary, by forcible entry, and the Tenant shall not hold the Landlord liable for any damage reasonably occasioned by such entry.
The Tenant shall afford the Landlord and its representatives all reasonable facilities and co-operation to enable such inspection or works to be carried out, and shall not obstruct, hinder or impede such entry.
Where the Landlord undertakes repairs, maintenance or works pursuant to this Section, the Landlord shall use reasonable endeavours to minimise disruption to the Tenant's occupation, but shall not be liable for any inconvenience, loss of amenity or interruption occasioned thereby, save in the case of gross negligence or wilful misconduct.
The Tenant's unreasonable refusal to permit entry in accordance with this Section shall constitute a material breach of this Agreement, entitling the Landlord to exercise its rights of termination hereunder.
The Tenant shall promptly notify the Landlord in writing of any defect, damage or need for repair at the Premises which comes to the Tenant's attention.
Utilities and Outgoings
The Tenant shall be solely responsible for and shall pay promptly when due all charges in respect of utilities and services supplied to or consumed at the Premises during the Term, including without limitation electricity, gas, water, sewerage, telephone, internet, cable or satellite television, and refuse collection charges.
Where any such utility or service is supplied through a meter, the Tenant shall arrange for the meter readings to be taken on the Commencement Date and the Expiration Date (or earlier date of surrender), and shall settle all accounts in respect of consumption during the Term directly with the relevant supplier.
The Tenant shall be responsible for the payment of all local taxes, rates, charges, assessments and impositions of whatsoever nature levied in respect of the occupation or use of the Premises during the Term, save for such taxes or impositions as are by law or custom payable by the owner of the Premises in his capacity as such.
The Landlord shall remain responsible for any ground rent, service charge, buildings insurance premium, property tax or other outgoing payable by virtue of ownership of the Premises, unless otherwise expressly agreed in writing.
Where any utility account stands in the name of the Landlord, the Tenant shall reimburse the Landlord for all sums paid by the Landlord in respect of consumption during the Term within seven (7) days of receipt of a written demand supported by copies of the relevant bills.
The Tenant shall not do or omit to do any act or thing which may result in the disconnection, suspension or termination of any utility or service to the Premises, and shall indemnify the Landlord against all costs of reconnection or reinstatement arising from any such act or omission.
Upon surrender of the Premises, the Tenant shall furnish the Landlord with evidence that all utility accounts have been settled in full and that all meters have been read, failing which the Landlord may deduct an estimated sum from the Security Deposit.
Maintenance, Repairs and Condition of Premises
The Tenant shall at all times during the Term keep the interior of the Premises, together with all fixtures, fittings, appliances and contents therein, in good and tenantable repair, order and condition (fair wear and tear excepted), and shall promptly make good any damage caused by the Tenant, the Permitted Occupants or any visitor or invitee of the Tenant.
The Tenant shall keep the Premises in a clean and sanitary condition and shall maintain all plumbing fixtures, drains and waste pipes free from obstruction, and shall be responsible for the cost of clearing any blockage caused by the Tenant's misuse.
The Tenant shall replace at its own cost all broken glass, light bulbs, fuses and other consumable items, and shall promptly replace batteries in smoke alarms, carbon monoxide detectors and similar safety devices as and when required.
The Landlord shall be responsible for maintaining the structural parts of the Premises, including the roof, exterior walls, foundations and load-bearing elements, together with the installations for the supply of water, gas, electricity and sanitation, save where any disrepair or damage is attributable to the act, default or neglect of the Tenant.
The Tenant shall promptly notify the Landlord in writing of any defect, disrepair, damage, infestation or hazardous condition affecting the Premises, and failure to give such notice shall render the Tenant liable for any aggravation of damage attributable to such delay.
The Tenant shall not permit any waste, spoil or destruction to be committed upon or in respect of the Premises, and shall not overload the floors, walls or electrical circuits.
The Tenant shall take all reasonable precautions to prevent damage to the Premises arising from frost, flooding, infestation or other foreseeable causes, including the proper ventilation and heating of the Premises during cold weather.
At the expiration or sooner determination of the Term, the Tenant shall return the Premises to the Landlord in the same state and condition as at the Commencement Date, fair wear and tear and any permitted alterations only excepted.
Any item of furniture, appliance or chattel listed in the inventory shall be returned in like condition, and the Tenant shall be liable to replace or make good at its own cost any such item which is lost, damaged or destroyed.
Prohibition of Pets and Smoking
The keeping, harbouring or bringing of any animal, bird, reptile, fish or other pet of any description whatsoever onto the Premises is strictly prohibited and shall constitute a material breach of this Agreement, save with the prior express written consent of the Landlord, which consent may be withheld at the Landlord's sole and absolute discretion.
The smoking of tobacco, cannabis, electronic cigarettes, vaping devices, water pipes, or any other smoking or inhalation product within the Premises or any enclosed common area thereof is strictly and absolutely prohibited.
The Tenant shall ensure that the Permitted Occupants, guests, visitors and invitees of the Tenant observe and comply with the prohibitions set out in this Section, and the Tenant shall be fully liable for any breach by any such person.
In the event of any breach of this Section, the Tenant shall indemnify the Landlord against all costs, expenses, losses and damages arising therefrom, including without limitation the costs of professional deep cleaning, deodorisation, repainting, replacement of carpets, curtains and soft furnishings, and treatment for pests, parasites or infestation.
The Landlord shall be entitled to recover such costs and expenses by way of deduction from the Security Deposit or by direct claim against the Tenant, without prejudice to any other right or remedy available to the Landlord.
Any breach of this Section shall, at the Landlord's option, be deemed a material breach entitling the Landlord to terminate this Agreement forthwith in accordance with the provisions of Section 14 hereof.
The Tenant acknowledges that the prohibitions contained in this Section are a fundamental and material term of this Agreement, upon the strict observance of which the Landlord relies in granting the demise hereby created.
Insurance and Indemnification
The Landlord shall maintain in force throughout the Term a policy of buildings insurance covering the Premises against such risks and in such amount as the Landlord shall in its discretion determine, provided that nothing herein shall oblige the Landlord to insure the contents, personal belongings, chattels or effects of the Tenant.
The Tenant shall, at its own cost and expense, take out and maintain in force throughout the Term a comprehensive policy of contents insurance covering the Tenant's own goods, chattels, personal effects and belongings situate at the Premises, together with third-party public liability cover in a sum of not less than [Currency] [Amount].
The Tenant shall not do or permit to be done any act or thing which may invalidate, prejudice or render void or voidable any insurance policy effected by the Landlord in respect of the Premises, nor whereby the rate of premium thereon may be increased.
In the event that any insurance premium payable by the Landlord in respect of the Premises is increased by reason of any act, default or omission of the Tenant, the Permitted Occupants or any visitor or invitee of the Tenant, the Tenant shall reimburse the Landlord for the amount of such increase forthwith upon written demand.
The Tenant shall indemnify, defend and hold harmless the Landlord from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, costs and expenses (including legal fees on a full indemnity basis) which the Landlord may suffer, incur or sustain arising directly or indirectly from (i) any breach by the Tenant of its obligations hereunder; (ii) any act, omission, negligence or wilful misconduct of the Tenant, the Permitted Occupants or any visitor, guest, invitee or contractor of the Tenant; (iii) any damage to the Premises or injury to any person occurring at the Premises during the Term, save to the extent caused by the Landlord's own negligence or wilful default; and (iv) any claim by any third party arising out of or in connection with the Tenant's occupation or use of the Premises.
The Landlord shall not be liable to the Tenant, the Permitted Occupants or any other person for any loss of or damage to any property brought onto the Premises, howsoever caused, nor for any personal injury sustained at the Premises, save to the extent that such loss, damage or injury is caused by the Landlord's own gross negligence or wilful misconduct and cannot be excluded by law.
The Tenant shall produce to the Landlord, upon written request, evidence of the insurance policies required to be maintained under this Section, together with evidence of payment of the current premium.
The indemnities contained in this Section shall survive the expiration or earlier termination of this Agreement.
Assignment and Subletting
The Tenant shall not assign, transfer, charge, mortgage, encumber, part with or share possession of the Premises or any part thereof, whether by way of underletting, sub-letting, licence, concession, franchise or otherwise howsoever.
The Tenant shall not permit the Premises or any part thereof to be used or occupied by any person other than the Tenant and the Permitted Occupants named in Section 3 hereof.
The Tenant shall not list, advertise or offer the Premises or any part thereof on any home-sharing, holiday rental or short-term accommodation platform, including without limitation Airbnb, Booking.com, Vrbo or any similar service.
Any purported assignment, sub-letting or parting with possession in breach of this Section shall be void and of no effect as between the Parties, and shall constitute a material breach of this Agreement entitling the Landlord to terminate the same forthwith.
The prohibitions contained in this Section are fundamental to the demise hereby granted, having regard to the personal nature of the tenancy and the Landlord's reliance upon the identity, character and financial standing of the Tenant.
The Landlord shall be entitled, at any time and without the consent of the Tenant, to assign, transfer or otherwise dispose of its interest in the Premises or in this Agreement, provided that the rights of the Tenant hereunder shall not be materially prejudiced thereby.
Upon any such disposition by the Landlord, the Tenant shall, upon request, attorn to the Landlord's successor in title and recognise such successor as its landlord for all purposes of this Agreement.
Default, Remedies and Termination
Each and every one of the following events shall constitute an event of default on the part of the Tenant (an "Event of Default"): (i) the non-payment of any Rent or other sum due hereunder for a period in excess of fourteen (14) days after the due date, whether formally demanded or not; (ii) the breach, non-observance or non-performance by the Tenant of any of its covenants, obligations or undertakings under this Agreement; (iii) the Tenant becoming insolvent, bankrupt, or entering into any composition or arrangement with creditors; (iv) the abandonment of the Premises by the Tenant; or (v) the making or furnishing by the Tenant of any materially false or misleading representation in connection with this Agreement.
Upon the occurrence of any Event of Default, the Landlord may, without prejudice to any other right or remedy available to it at law, in equity or under this Agreement, serve upon the Tenant a written notice of default specifying the nature of the default and (where such default is capable of remedy) requiring the Tenant to remedy the same within such period as the Landlord may specify, being not less than seven (7) days from the date of such notice.
Should the Tenant fail to remedy a remediable default within the period specified in the notice of default, or should the default be of a nature not capable of remedy, the Landlord shall be entitled forthwith to terminate this Agreement by written notice to the Tenant, whereupon the Tenant shall immediately deliver up vacant possession of the Premises to the Landlord.
Upon termination for Event of Default, the Landlord shall be entitled to recover from the Tenant all arrears of Rent and other sums due hereunder, together with damages for breach of contract, including the loss of Rent for the unexpired residue of the Term, less such sums as the Landlord may reasonably recover from a replacement tenant.
The Landlord shall additionally be entitled to retain the Security Deposit and to apply the same towards satisfaction of any sums owing by the Tenant.
The rights and remedies of the Landlord hereunder are cumulative and not exclusive of any other rights or remedies, and no exercise or failure to exercise any such right or remedy shall operate as a waiver thereof or preclude the subsequent exercise of the same or any other right or remedy.
No waiver by the Landlord of any breach by the Tenant shall be construed as a waiver of any subsequent breach, nor shall the acceptance of Rent after a breach operate as a waiver of such breach.
The Tenant shall not be entitled to terminate this Agreement prior to the Expiration Date save in the event of a material and persistent breach by the Landlord of its obligations hereunder which has not been remedied within thirty (30) days of written notice specifying the breach.
Surrender and Return of Possession
Upon the expiration or earlier determination of the Term, the Tenant shall peaceably and quietly surrender and deliver up to the Landlord vacant possession of the Premises, together with all keys, security devices, access cards and remote controls, free from any occupant and from all goods and effects of the Tenant.
The Premises shall be returned to the Landlord in the same state, condition and decorative order as at the Commencement Date, fair wear and tear only excepted, and shall be professionally cleaned to a standard comparable to that in which they were delivered to the Tenant.
The Tenant shall remove from the Premises all its furniture, chattels, personal effects and belongings, and shall make good at its own cost all damage occasioned by such removal.
Any goods, chattels or effects of the Tenant remaining at the Premises after surrender may be treated by the Landlord, at the Landlord's option and after fourteen (14) days' written notice to the Tenant at the Tenant's last known address, as abandoned, and the Landlord shall be entitled to dispose of the same in such manner as it thinks fit, applying any proceeds of sale first in satisfaction of the costs of removal and sale and thereafter towards any sums owing by the Tenant.
A joint inspection of the Premises shall be conducted by the Landlord and the Tenant at the date of surrender, at which the inventory and condition report executed on the Commencement Date shall be checked, and any discrepancies, damage or deficiencies noted.
The Tenant shall continue to be liable for the payment of Rent, utilities and other outgoings up to and including the date on which vacant possession is in fact delivered to the Landlord, notwithstanding that such date may be later than the Expiration Date.
Where the Tenant fails to surrender the Premises on the Expiration Date, the Tenant shall be liable to pay mesne profits at a daily rate equivalent to twice the daily Rent, together with all costs incurred by the Landlord in recovering possession.
The obligations of the Tenant under this Section shall survive the expiration or termination of this Agreement until fully discharged.
Notices
Any notice, demand, consent or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered by hand, sent by prepaid registered or recorded post, or transmitted by electronic mail to the address of the recipient set out below (or such other address as the recipient may from time to time notify to the other Party in writing).
Notices to the Landlord shall be sent to: [Landlord Name], [Landlord Address], Email: [Landlord Email Address].
Notices to the Tenant shall be sent to the Tenant at the Premises, or to such other address as the Tenant may notify to the Landlord in writing, Email: [Tenant Email Address].
Any such notice shall be deemed to have been duly given and received: (i) if delivered by hand, at the time of delivery; (ii) if sent by registered or recorded post, on the third (3rd) Business Day after the date of posting; and (iii) if transmitted by electronic mail, at the time of successful transmission to the recipient's email address, provided that no delivery failure notification is received by the sender.
Any notice given on a day which is not a Business Day, or after 5:00 p.m. on a Business Day, shall be deemed given on the next following Business Day.
Service of legal proceedings shall be effected in accordance with the applicable rules of court and not pursuant to this Section.
The Tenant irrevocably authorises service of any notice relating to this Agreement upon the Tenant by affixation to the main entrance door of the Premises, which shall constitute good and sufficient service.
Governing Law and Dispute Resolution
This Agreement, and any dispute, claim or controversy (whether contractual or non-contractual) arising out of or in connection with it, its subject matter, its formation, validity, interpretation, performance or termination, shall be governed by and construed in accordance with the laws of [Country/Jurisdiction], without regard to the conflict of laws principles thereof.
The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of [City/Jurisdiction] for the resolution of any such dispute, claim or controversy, and waive any objection to the venue of such courts on grounds of inconvenient forum or otherwise.
Prior to the commencement of any legal proceedings, the Parties shall endeavour in good faith to resolve any dispute amicably through direct negotiation between them for a period of not less than thirty (30) days from the date on which written notice of the dispute is first served by one Party upon the other.
Should such negotiation fail to produce a resolution within the said period, the Parties may, by mutual agreement in writing, submit the dispute to mediation before a single mediator agreed between them, the costs of such mediation to be borne equally.
Nothing in this Section shall preclude or restrict the right of the Landlord to seek urgent injunctive, declaratory or other interim relief, or to commence proceedings for the recovery of unpaid Rent or for possession of the Premises, in any court of competent jurisdiction without first resorting to negotiation or mediation.
The prevailing Party in any legal proceedings arising out of or in connection with this Agreement shall be entitled to recover from the other Party its reasonable legal costs and disbursements incurred therein, on a full indemnity basis.
Each Party irrevocably waives any right it may have to trial by jury in respect of any dispute arising out of or in connection with this Agreement.
Miscellaneous Provisions
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, understandings and agreements, whether oral or written, between the Parties relating thereto.
No variation, amendment or modification of this Agreement shall be valid or binding unless made in writing and signed by or on behalf of both Parties.
No failure or delay by any Party in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of the same or any other right, power or remedy.
If any provision of this Agreement is held by any competent authority to be invalid, illegal or unenforceable in whole or in part, such provision shall to that extent be severed from this Agreement, and the remaining provisions shall continue in full force and effect.
The Tenant may not assign, transfer or otherwise dispose of any of its rights or obligations under this Agreement, whether in whole or in part, without the prior written consent of the Landlord. The Landlord may assign its rights hereunder without the consent of the Tenant.
Nothing in this Agreement shall confer any right upon any person who is not a Party hereto, and the Parties expressly exclude the operation of any law or doctrine which might otherwise confer such rights upon third parties.
This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and all such counterparts together shall constitute one and the same instrument. Execution by electronic signature or by the exchange of scanned signed copies by electronic mail shall be deemed valid execution for all purposes.
The provisions of this Agreement which by their nature are intended to survive the expiration or termination hereof shall so survive and continue in full force and effect.
Each Party represents and warrants to the other that it has the full legal capacity, right and authority to enter into this Agreement and to perform its obligations hereunder.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first hereinabove written.
SIGNED by the LANDLORD:
Name: [Landlord Full Legal Name]
Signature: _______________________________
Date: [Day] [Month] [Year]
Identification Document Number: [ID Number]
Address: [Landlord Residential Address]
SIGNED by the TENANT:
Name: [Tenant Full Legal Name]
Signature: _______________________________
Date: [Day] [Month] [Year]
Identification Document Number: [ID Number]
Address: [Tenant Residential Address]
WITNESS 1:
Name: [Witness Full Name]
Signature: _______________________________
Address: [Witness Address]
WITNESS 2:
Name: [Witness Full Name]
Signature: _______________________________
Address: [Witness Address]