Room Rental Agreement Template
ROOM RENTAL AGREEMENT
This Room Rental Agreement (the "Agreement") is made and entered into on this [Day] day of [Month], [Year] (the "Effective Date"), by and between:
[Landlord Full Legal Name], an individual residing at [Full Residential Address], holder of identification number [ID Number] (hereinafter referred to as the "Landlord");
and
[Tenant Full Legal Name], an individual residing at [Full Residential Address], holder of identification number [ID Number] (hereinafter referred to as the "Tenant");
(each a "Party" and collectively the "Parties").
WHEREAS, the Landlord is the lawful owner of certain residential premises located at [Full Address of Property] (the "Property"), comprising, among other areas, a furnished room which the Landlord desires to let on the terms herein set forth;
WHEREAS, the Tenant has inspected the Property and the Room (as hereinafter defined) and desires to take occupancy of the same as a lodger on the terms and conditions hereinafter contained;
WHEREAS, the Property is occupied as a shared residence and the Tenant acknowledges the shared nature of the accommodation;
NOW, THEREFORE, in consideration of the mutual covenants, undertakings and obligations hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby covenant and agree as follows.
Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following expressions shall bear the meanings hereinafter respectively ascribed to them.
"Room" shall mean the furnished bedroom designated as [Room Description/Number] situated within the Property, together with all fixtures, fittings, furniture and chattels contained therein as of the Commencement Date, the particulars of which are set forth in a written inventory executed by both Parties contemporaneously herewith and retained in the Landlord's custody.
"Shared Areas" shall mean those portions of the Property not demised exclusively to the Tenant or to any other occupant, including without limitation the kitchen, living room, hallways, bathroom(s), laundry area, garden and any other common parts of the Property which the Tenant is permitted to use in common with the Landlord and such other occupants as the Landlord may from time to time admit.
"Commencement Date" shall mean [Day] day of [Month], [Year], being the date upon which the Tenant's right of occupation shall commence.
"Term" shall mean the fixed period of occupation commencing on the Commencement Date and expiring on the Expiry Date, being a period not exceeding three (3) calendar months.
"Rent" shall mean the sum of [Currency] [Amount] payable weekly by the Tenant to the Landlord in accordance with the provisions of this Agreement.
"Security Deposit" shall mean the sum of [Currency] [Amount] payable by the Tenant to the Landlord as security for the due performance of the Tenant's obligations hereunder.
"Utilities" shall mean the supply of electricity, gas, water, sewerage, heating, internet and such other services as are provided to the Property for the benefit of its occupants.
Words importing the singular shall include the plural and vice versa; words importing one gender shall include every gender; references to clauses are references to clauses of this Agreement; and headings are inserted for convenience only and shall not affect the construction hereof.
Any reference to a statute or statutory provision shall be construed as a reference to the law of [Country] applicable to residential tenancies as the same may be amended, re-enacted or extended from time to time.
Grant of Occupancy and Demised Room
The Landlord hereby grants to the Tenant, and the Tenant hereby accepts, the right of exclusive occupation of the Room for the duration of the Term, subject to the terms, covenants and conditions hereinafter set forth.
The Tenant shall additionally enjoy a non-exclusive licence to use the Shared Areas in common with the Landlord and such other persons as the Landlord may from time to time authorise, such use to be exercised reasonably and with due consideration for all other occupants.
The Room is let as furnished, and the Tenant acknowledges having inspected the inventory of furniture, fittings and effects provided therein, and confirms the same to be in good and tenantable condition as of the Commencement Date, save for such defects as may be expressly noted in writing.
The Tenant shall not be entitled to assign, sublet, share, part with or otherwise dispose of possession of the Room or any part thereof, nor permit any other person to reside therein, without the prior written consent of the Landlord, which consent may be withheld at the Landlord's absolute discretion.
The right of occupation hereby granted is personal to the Tenant and does not confer upon the Tenant any proprietary estate or interest in the Property or the Room, the relationship between the Parties being that of landlord and lodger only.
The Landlord expressly reserves to themselves, and to such persons as the Landlord may authorise, the right to use, occupy and enjoy all parts of the Property save for the Room during the subsistence of the Term.
The Tenant shall not alter, add to, redecorate or in any way modify the Room or its contents without the prior written consent of the Landlord.
Utilities and Shared Costs
The Tenant shall pay to the Landlord a fixed monthly contribution in the sum of [Currency] [Amount] representing the Tenant's agreed share of all Utilities and recurring shared household costs incurred in respect of the Property.
The said monthly contribution shall be payable in advance on or before the [Day] day of each calendar month, by the same means as the Rent, and shall be deemed to constitute a complete discharge of the Tenant's liability in respect of Utilities for that month, irrespective of actual consumption.
The fixed monthly contribution covers ordinary residential consumption of Utilities commensurate with single-occupancy use of the Room and reasonable use of the Shared Areas. In the event of extraordinary or excessive consumption attributable to the Tenant, the Landlord reserves the right to levy a reasonable supplementary charge upon production of supporting evidence.
Any charges arising from services ordered or consumed solely by the Tenant, including but not limited to personal telecommunications, premium television subscriptions, delivery services and the like, shall be borne by the Tenant exclusively and shall not form part of the fixed contribution.
The Landlord shall retain sole responsibility for contracting with Utility suppliers and for the payment of all invoices rendered by such suppliers, and the Tenant shall have no direct dealings with such suppliers save with the prior written consent of the Landlord.
Should the Landlord reasonably determine that the cost of Utilities has materially increased during the Term, the Landlord may, upon giving the Tenant not less than fourteen (14) days' prior written notice, adjust the fixed monthly contribution to reflect such increase on a proportionate basis.
The Tenant shall at all times exercise reasonable economy in the consumption of Utilities and shall avoid wasteful practices, including without limitation leaving appliances, lighting or heating unnecessarily in operation.
Term and Commencement
The Term of this Agreement shall commence on the Commencement Date and, unless sooner determined in accordance with the provisions hereof, shall expire automatically and without the necessity of notice on the [Day] day of [Month], [Year] (the "Expiry Date"), being a period not exceeding three (3) calendar months.
Occupation of the Room by the Tenant prior to the Commencement Date shall not be permitted save with the prior written consent of the Landlord, and any such anticipatory occupation shall be upon such terms as the Landlord may stipulate.
Upon the expiration of the Term, the Tenant shall quit, vacate and deliver up the Room in the condition required by this Agreement, time being of the essence in this regard.
The Parties may, by mutual agreement in writing executed prior to the Expiry Date, extend the Term for a further defined period upon such terms and conditions as they may then agree. In the absence of such written agreement, this Agreement shall determine automatically on the Expiry Date.
Should the Tenant remain in occupation of the Room beyond the Expiry Date without the Landlord's written consent, such occupation shall constitute a trespass, and the Tenant shall be liable to pay to the Landlord mesne profits at a rate of double the Rent for each day or part thereof of such unauthorised occupation, without prejudice to any other remedy available to the Landlord.
No extension, renewal or continuation of this Agreement shall arise by implication, estoppel or course of conduct, and any such extension shall be effective only if reduced to writing and signed by both Parties.
Time shall be of the essence in respect of all dates and periods specified in this Agreement.
Rent and Payment Terms
The Tenant shall pay to the Landlord the Rent in the sum of [Currency] [Amount] per week, payable weekly in advance commencing on the Commencement Date and continuing on the same day of each successive week throughout the Term.
Payment of Rent shall be made by [bank transfer / standing order / other method] to such bank account as the Landlord shall notify to the Tenant in writing, and shall be made in cleared funds free of any deduction, counterclaim or set-off whatsoever.
The first instalment of Rent shall be paid on or before the Commencement Date, together with the Security Deposit and the first instalment of the Utilities contribution, as a condition precedent to the Tenant taking occupation of the Room.
In the event that any payment of Rent shall remain unpaid for a period exceeding three (3) days after the date upon which the same fell due, the Landlord shall be entitled to levy a late payment charge in the sum of [Currency] [Amount] per day, or alternatively interest at the rate of [Percentage]% per annum calculated on a daily basis from the due date until payment in full, at the Landlord's election.
Any payment tendered by the Tenant shall be applied by the Landlord first in discharge of accrued interest and charges, secondly in discharge of outstanding Utility contributions, and thirdly in discharge of outstanding Rent, notwithstanding any contrary appropriation purported to be made by the Tenant.
The Tenant shall not be entitled to withhold, reduce or offset any payment of Rent on account of any alleged breach, defect, dispute or counterclaim, the Tenant's remedies in respect of any such matter being limited to those expressly conferred by this Agreement or by law.
The Rent shall remain fixed throughout the Term, provided however that in the event of any lawfully imposed tax, levy or charge upon the Rent or upon the letting of the Room, the Tenant shall indemnify the Landlord in respect of the same.
Receipt of any payment by the Landlord after the due date shall not be deemed a waiver of the Landlord's right to insist upon strict punctuality in respect of future payments.
Guests and Visitors
The Tenant shall be entitled to receive personal guests at the Property, provided always that such reception is conducted with due regard for the comfort, privacy and convenience of the Landlord and all other occupants, and in strict compliance with the provisions of this clause.
No guest shall remain overnight at the Property without the prior written consent of the Landlord, such consent to be sought not less than twenty-four (24) hours in advance, and the Landlord reserves the absolute right to refuse such consent without assigning any reason therefor.
In no event shall any guest remain at the Property for a period exceeding two (2) consecutive nights or an aggregate of four (4) nights in any calendar month, save with the express prior written consent of the Landlord.
The Tenant shall at all times be fully responsible for the conduct of all guests whilst upon the Property, and the acts, omissions, defaults and liabilities of any guest shall be deemed, as between the Landlord and the Tenant, to be the acts, omissions, defaults and liabilities of the Tenant.
Guests shall not be permitted access to the Shared Areas during such hours or in such manner as would cause unreasonable disturbance to other occupants, and in no event shall guests use the Room or the Property in a manner inconsistent with its character as a private residence.
The Tenant shall not purport to confer upon any guest any right of occupation, tenancy or licence in respect of the Room or any other part of the Property, and no guest shall acquire any such right by virtue of their presence thereat.
The Landlord reserves the right, upon reasonable grounds, to require the immediate departure from the Property of any guest whose conduct is or has been disruptive, offensive, unlawful or otherwise unacceptable, and the Tenant shall ensure compliance with any such requirement forthwith.
Security Deposit
The Tenant shall pay to the Landlord upon the execution of this Agreement the Security Deposit in the sum of [Currency] [Amount], being equivalent to [Number] weeks' Rent, as security for the due observance and performance by the Tenant of the covenants, obligations and conditions hereof.
The Security Deposit shall be held by the Landlord throughout the Term, and the Tenant shall not be entitled to any interest thereon, nor shall the Tenant be permitted to appropriate the Security Deposit or any part thereof towards the payment of Rent or any other sum due hereunder.
The Landlord shall be entitled, at any time during the Term or upon its determination, to deduct from the Security Deposit such sums as may be required to make good any arrears of Rent, unpaid Utility contributions, damage to the Room, the Property or any contents thereof (fair wear and tear excepted), cleaning costs, replacement of lost keys, and any other sums due from the Tenant to the Landlord under or in connection with this Agreement.
Should any such deduction reduce the Security Deposit below its original amount during the Term, the Tenant shall, within seven (7) days of written demand by the Landlord, replenish the Security Deposit to its original sum, and failure so to do shall constitute a material breach of this Agreement.
The Security Deposit shall be refundable to the Tenant following the end-of-term inspection conducted in accordance with the provisions hereof, less any deductions properly made by the Landlord, and shall be remitted to the Tenant within thirty (30) days of the Tenant vacating the Room and returning all keys.
The Landlord shall furnish to the Tenant, upon return of the balance of the Security Deposit, an itemised statement of all deductions made therefrom, together with such supporting evidence as the Tenant may reasonably require.
In the event that the sums properly deductible exceed the amount of the Security Deposit, the Tenant shall remain liable to the Landlord for the balance thereof, which balance shall be paid within fourteen (14) days of written demand.
Cleaning and Maintenance Obligations
The Tenant shall at all times during the Term keep the Room in a clean, tidy, hygienic and sanitary condition, and shall perform such routine cleaning as is reasonably necessary to maintain the same.
The Tenant shall promptly dispose of all refuse and waste generated by the Tenant in the receptacles provided for that purpose, and shall comply with all local arrangements for recycling and refuse collection as directed by the Landlord.
The Tenant shall participate equitably with the other occupants of the Property in the cleaning of the Shared Areas, including without limitation the kitchen, bathroom(s), hallways and communal living spaces, in accordance with such rota or arrangement as may be established from time to time by the Landlord.
The Tenant shall not permit any accumulation of rubbish, soiled items, foodstuffs, or other matter liable to cause odour, infestation, damage or nuisance within the Room or any part of the Property.
The Tenant shall report to the Landlord forthwith any defect, malfunction, breakage or deterioration in the condition of the Room, its contents, or the Shared Areas of which the Tenant becomes aware, and failure to report any such matter in a timely fashion shall render the Tenant liable for any consequential damage.
The Tenant shall not undertake any repairs, alterations or redecoration of the Room or the Property, such matters being reserved to the Landlord, save for minor remedial action necessary to prevent further damage in cases of emergency.
The Tenant shall take all reasonable precautions to prevent the formation of mould, condensation or damp within the Room, including the proper ventilation thereof.
The Tenant shall ensure that all electrical appliances brought into the Property by the Tenant are safe, in good working order and compliant with applicable safety standards, and the Landlord may require the removal of any appliance deemed unsafe.
Use of Shared Areas
The Tenant shall enjoy the use of the Shared Areas in common with the Landlord and such other occupants as may lawfully be present at the Property, and shall exercise such use reasonably, considerately and with due regard for the rights and comfort of all others entitled thereto.
The Tenant shall not monopolise, obstruct or render inaccessible any Shared Area, nor shall the Tenant deposit personal belongings in the Shared Areas save in such designated storage spaces (if any) as the Landlord may allocate.
The use of kitchen facilities shall be subject to such reasonable arrangements as the Landlord may stipulate from time to time, including arrangements as to cleaning, storage of foodstuffs, use of appliances and allocation of refrigerator and cupboard space.
The Tenant shall observe such quiet hours as may be designated by the Landlord, and in any event shall refrain from any noise, music, television or other activity likely to disturb other occupants between the hours of [Time] and [Time].
The Tenant shall not install, affix or display any item in or upon the Shared Areas, nor make any alterations thereto, without the prior written consent of the Landlord.
The Tenant acknowledges that the Landlord retains possession and control of the Shared Areas, and that the Tenant's use thereof is by way of licence only, revocable in respect of any specific usage upon reasonable grounds notified to the Tenant.
The Tenant shall not conduct any business, trade or commercial activity from the Shared Areas, nor permit any such activity by any guest.
House Rules and Conduct
The Tenant shall observe and comply with all house rules established by the Landlord from time to time, which rules may be communicated verbally or in writing and may be amended by the Landlord upon reasonable prior notice to the Tenant.
The Tenant shall not smoke or permit any guest to smoke within any part of the Property, including the Room, save in such outdoor areas (if any) as the Landlord may expressly designate for that purpose.
The Tenant shall not keep or permit to be kept at the Property any animal, bird, reptile or other pet without the prior written consent of the Landlord, which consent may be given, withheld or revoked at the Landlord's absolute discretion.
The Tenant shall not use, possess, store, manufacture or distribute at the Property any controlled substance or any item the possession of which is unlawful, and shall not permit any guest to do so.
The Tenant shall not keep or permit to be kept at the Property any firearm, weapon, explosive, flammable material or hazardous substance.
The Tenant shall conduct themselves at all times in a manner consistent with the character of the Property as a quiet, orderly, residential dwelling, and shall refrain from any conduct of a nuisance, offensive, immoral, illegal or anti-social character.
The Tenant shall respect the privacy and personal belongings of the Landlord and all other occupants, and shall not enter any room of the Property other than the Room and the Shared Areas without express invitation.
The Landlord's forbearance in enforcing any house rule on any occasion shall not constitute a waiver of the right to enforce the same, or any other rule, on any subsequent occasion.
Repairs and Condition of the Room
The Landlord shall deliver the Room to the Tenant on the Commencement Date in a clean, habitable and tenantable condition, with all furniture, fittings and appliances in good working order, in accordance with the inventory executed by the Parties.
The Tenant shall keep the Room and its contents in the same condition as at the Commencement Date, fair wear and tear excepted, and shall make good at the Tenant's own expense any damage caused by the Tenant, the Tenant's guests, or any person admitted to the Property by the Tenant.
Structural repairs and repairs to the exterior of the Property, to the roof, foundations, main walls, principal services and installations, and to appliances provided by the Landlord (save where damaged by the Tenant's misuse), shall be the sole responsibility of the Landlord, who shall effect such repairs within a reasonable time of becoming aware of the necessity therefor.
The Tenant shall not drive nails, screws or other fixings into any wall, ceiling or floor, nor affix any poster, picture or decoration thereto by means liable to cause damage, without the prior written consent of the Landlord.
The Tenant shall, upon noticing any defect, damage, leak, electrical fault, pest infestation or other matter requiring attention, report the same to the Landlord in writing without undue delay, and shall afford the Landlord all reasonable co-operation in arranging for the remedy thereof.
The Tenant shall be liable to the Landlord for the full cost of making good any damage to the Room, its contents, the Shared Areas or any other part of the Property caused by the wilful act, negligence or default of the Tenant or the Tenant's guests.
The Landlord shall not be liable to the Tenant for any defect in the Room or the Property of which the Landlord was not aware and could not reasonably have been expected to be aware.
Right of Entry by Landlord
The Landlord reserves the right at all reasonable times, upon giving the Tenant not less than twenty-four (24) hours' prior notice, to enter the Room for the purposes of inspection, repair, maintenance, valuation, or the showing of the Room to prospective tenants or purchasers.
Notwithstanding the foregoing, the Landlord may enter the Room without prior notice in the event of a genuine emergency, including without limitation fire, flood, gas leak, suspected criminal activity, or any other circumstance posing an imminent risk to person or property.
The Tenant shall not change, alter or add to any lock upon the Room or the Property, nor install any additional locking mechanism, without the prior written consent of the Landlord, and the Landlord shall at all times retain a key to the Room.
The Tenant shall not obstruct, impede or deny the Landlord access to the Room when such access is sought in accordance with this clause, and any such obstruction shall constitute a material breach of this Agreement.
The Landlord shall exercise the rights of entry hereunder in a manner respectful of the Tenant's reasonable privacy, and shall endeavour, where circumstances permit, to arrange entry at times convenient to the Tenant.
The Landlord's right of entry shall extend to such contractors, agents, surveyors and workmen as the Landlord may authorise, provided that the same shall be reasonably supervised or vouched for by the Landlord.
The Landlord shall additionally be entitled at all times to enter the Shared Areas, which remain under the Landlord's possession and control, without prior notice.
Tenant's Covenants and Representations
The Tenant hereby covenants with the Landlord, and warrants and represents, that the Tenant shall pay the Rent, the Utilities contribution and all other sums payable hereunder punctually and in accordance with the provisions of this Agreement.
The Tenant covenants to use the Room solely as a private residence for the Tenant's own personal occupation and for no other purpose whatsoever, and in particular not for the conduct of any trade, profession or business.
The Tenant warrants that the Tenant is of legal age and capacity to enter into this Agreement, and that the information provided to the Landlord in connection with the Tenant's application to occupy the Room is true, accurate and complete in all material respects.
The Tenant covenants to observe and comply with all laws, regulations, bylaws, ordinances and lawful directions of competent authority applicable to the Tenant's occupation and use of the Room and the Property.
The Tenant covenants not to do or permit any act or thing which may invalidate, prejudice or render voidable any insurance maintained by the Landlord in respect of the Property, nor cause any increase in the premium payable in respect of such insurance.
The Tenant covenants to indemnify and hold harmless the Landlord against all claims, demands, actions, proceedings, costs, losses, damages and expenses arising from any breach by the Tenant of the covenants herein contained, or from the acts, omissions or defaults of the Tenant or the Tenant's guests.
The Tenant warrants that the Tenant has inspected the Room and the Property and is satisfied with the condition thereof, and that the Tenant is not relying upon any representation of the Landlord save as expressly set forth in this Agreement.
The Tenant covenants to vacate the Room on or before the Expiry Date (or earlier determination of this Agreement) in the condition required hereby.
Landlord's Covenants and Representations
The Landlord covenants with the Tenant that the Landlord is the lawful owner of the Property and has full right, power and authority to let the Room upon the terms of this Agreement.
The Landlord covenants that the Tenant, paying the Rent and observing and performing the covenants on the Tenant's part contained herein, shall peaceably hold and enjoy the Room during the Term without any lawful interruption by the Landlord, save as expressly permitted by this Agreement.
The Landlord covenants to maintain the structure, exterior and main services of the Property in a condition fit for habitation, and to effect such repairs as fall within the Landlord's responsibility within a reasonable time of becoming aware of the need therefor.
The Landlord warrants that the Property complies, as at the Commencement Date, with such safety requirements as are applicable to residential premises of its character, including without limitation requirements as to gas, electrical, fire and furniture safety.
The Landlord covenants to maintain in force throughout the Term such buildings insurance as is customary for a property of the nature of the Property, covering the structure and the Landlord's contents therein.
The Landlord covenants to deal with the Security Deposit in the manner provided by this Agreement, and to account to the Tenant for the same at the determination of the Term in accordance with the provisions hereof.
The Landlord's liability under this Agreement shall be limited to breaches arising from the Landlord's own acts, omissions or default, and the Landlord shall not be liable for the acts or defaults of other occupants of the Property save to the extent that the Landlord has knowingly permitted the same.
Insurance and Liability
The Tenant shall be solely responsible for arranging and maintaining in force, at the Tenant's own cost, such insurance as the Tenant deems appropriate in respect of the Tenant's own personal belongings, chattels and effects brought into or kept at the Property, the Landlord's insurance affording no cover in respect thereof.
The Landlord shall not be liable to the Tenant for any loss, theft, damage or destruction of the Tenant's personal belongings, howsoever caused, save to the extent that such loss or damage is directly attributable to the wilful misconduct or gross negligence of the Landlord.
The Tenant shall indemnify and keep indemnified the Landlord against all claims, demands, actions, proceedings, costs, liabilities, losses and expenses whatsoever arising from any injury to person or damage to property occasioned by or in connection with the Tenant's occupation of the Room, use of the Shared Areas, or the acts, omissions or defaults of the Tenant or the Tenant's guests.
The Landlord shall not be liable for any injury to the Tenant or to any guest of the Tenant, nor for any loss or damage sustained by any such person, arising from the condition of the Room, the Shared Areas or the Property, save where such injury, loss or damage is caused by the Landlord's breach of statutory duty or wilful default.
The Tenant shall notify the Landlord forthwith of any accident, injury, incident or loss occurring at the Property of which the Tenant becomes aware, and shall provide such co-operation and information as the Landlord may require in connection therewith.
Neither Party shall be liable to the other for any indirect, consequential, special or punitive loss or damage arising out of or in connection with this Agreement, including without limitation loss of profits, loss of opportunity or loss of reputation.
The Tenant's obligations of indemnity under this Agreement shall survive the determination of this Agreement.
Default and Remedies
Each and all of the following events shall constitute an Event of Default on the part of the Tenant: (i) non-payment of Rent, the Utilities contribution or any other sum due hereunder for a period of seven (7) days after the due date; (ii) breach of any material covenant, obligation or condition on the part of the Tenant contained herein; (iii) the Tenant becoming insolvent or being made the subject of bankruptcy proceedings; (iv) the Tenant abandoning the Room; or (v) the Tenant engaging in conduct which materially endangers the Property or the safety of other occupants.
Upon the occurrence of any Event of Default, the Landlord shall be entitled, without prejudice to any other remedy available at law or in equity, to serve upon the Tenant a notice to remedy such default within such reasonable period as the Landlord shall specify (not being less than three (3) days in the case of non-payment, nor less than seven (7) days in the case of other remediable defaults).
Should the Tenant fail to remedy any such default within the period so specified, or should the default be incapable of remedy, the Landlord shall be entitled to terminate this Agreement forthwith by written notice to the Tenant, and to require the Tenant to vacate the Room immediately upon receipt of such notice.
In addition to termination, the Landlord shall be entitled to recover from the Tenant all arrears of Rent, Utilities contributions, interest, late payment charges, damages for breach, costs of recovery (including reasonable legal and administrative costs) and the cost of making good any damage caused by the Tenant.
The Landlord shall further be entitled to apply the Security Deposit, in whole or in part, towards satisfaction of any sum due from the Tenant, without prejudice to the Landlord's right to recover any excess from the Tenant.
The Landlord's rights and remedies under this Agreement are cumulative and are without prejudice to any other rights or remedies available at law or in equity, and no exercise or non-exercise of any right or remedy by the Landlord shall operate as a waiver of any other.
The Tenant shall not be entitled to terminate this Agreement by reason of any breach by the Landlord save in the case of a material breach which the Landlord has failed to remedy within thirty (30) days of written notice from the Tenant specifying the breach.
Any waiver by the Landlord of any breach by the Tenant shall be effective only if given in writing and shall not operate as a waiver of any subsequent or other breach.
Termination and Vacation of the Room
This Agreement shall terminate automatically upon the expiration of the Term, or earlier upon lawful termination in accordance with the provisions hereof.
Either Party may terminate this Agreement prior to the Expiry Date by giving to the other Party not less than [Number] days' prior written notice, provided that the Tenant shall remain liable for the Rent and Utilities contribution for the full notice period irrespective of actual occupation.
Upon the determination of this Agreement, howsoever occasioned, the Tenant shall forthwith quit and deliver up the Room to the Landlord in the same condition as at the Commencement Date, fair wear and tear excepted, with all the Tenant's personal belongings removed therefrom.
The Tenant shall, on or before the date of vacation, return to the Landlord all keys, access cards, fobs and other means of access to the Room and the Property with which the Tenant was furnished, and failure to do so shall render the Tenant liable for the reasonable cost of replacement thereof and, where necessary, the cost of changing locks.
Any personal belongings of the Tenant left at the Property following vacation shall be deemed abandoned, and the Landlord shall be entitled, after giving the Tenant not less than fourteen (14) days' written notice at the Tenant's last known address, to dispose of the same as the Landlord sees fit, applying any proceeds first in discharge of the Landlord's costs and thereafter in discharge of any sums owing by the Tenant.
The Tenant shall leave the Room in a clean and tidy condition, shall remove all refuse, and shall have performed such final cleaning as is reasonably necessary; failure to do so shall entitle the Landlord to recover the cost of professional cleaning from the Security Deposit.
The determination of this Agreement shall be without prejudice to any accrued rights or remedies of either Party, and all provisions hereof which by their nature are intended to survive termination shall so survive.
End-of-Term Inspection and Deposit Refund
Within a reasonable time following the Tenant's vacation of the Room, and in any event within seven (7) days thereof, the Landlord shall conduct an inspection of the Room and its contents in order to assess the condition thereof.
The Tenant shall be entitled, if the Tenant so wishes, to be present at the inspection, and shall be given reasonable notice of the time thereof, provided that the Landlord shall not be obliged to delay the inspection unreasonably to accommodate the Tenant's availability.
The inspection shall compare the condition of the Room and its contents as at the date of vacation against their condition as recorded in the inventory executed at the Commencement Date, allowing for fair wear and tear.
The Landlord shall prepare a written report of the inspection, identifying any damage, missing items, cleaning deficiencies, outstanding sums or other matters giving rise to deductions from the Security Deposit, together with the Landlord's reasonable assessment of the cost of making good the same.
The Landlord shall furnish a copy of the inspection report, together with an itemised statement of any proposed deductions from the Security Deposit, to the Tenant within fourteen (14) days of the inspection, together with such supporting evidence (such as invoices, estimates or photographs) as may be reasonably available.
The balance of the Security Deposit, after deduction of any sums properly due to the Landlord, shall be remitted to the Tenant within thirty (30) days of the Tenant's vacation of the Room, by transfer to such account as the Tenant shall specify in writing.
In the event of any dispute as to the deductions proposed, the Parties shall endeavour to resolve the matter amicably through good-faith discussion before resorting to any formal dispute resolution procedure provided by this Agreement.
Any sum found to be due from the Tenant to the Landlord in excess of the Security Deposit shall be payable by the Tenant within fourteen (14) days of written demand.
Notices
All notices, demands, consents and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed duly given if delivered by hand, sent by prepaid registered post, or transmitted by electronic mail to the address or email address of the recipient set forth below (or such other address as may be notified in writing from time to time).
Notices to the Landlord shall be addressed to [Landlord Name], at [Landlord Address], email [Landlord Email].
Notices to the Tenant shall be addressed to [Tenant Name], at the Room during the Term and thereafter at [Tenant Forwarding Address], email [Tenant Email].
Any notice delivered by hand shall be deemed received at the time of delivery; any notice sent by registered post shall be deemed received on the third (3rd) business day following the date of posting; and any notice sent by electronic mail shall be deemed received upon transmission, provided no delivery failure notification is received by the sender.
Notices served outside normal business hours (being 9:00 a.m. to 5:00 p.m. on any business day) shall be deemed received at the commencement of the next business day.
Either Party may change its address or electronic mail address for the purposes of this clause by giving the other Party not less than seven (7) days' prior written notice of such change.
A notice given under this Agreement shall not be validly given if sent by text message, instant message or any form of social media communication, save where expressly agreed in writing by both Parties.
Governing Law and Dispute Resolution
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of [Country/Jurisdiction].
The Parties hereby submit to the exclusive jurisdiction of the competent courts of [City/Jurisdiction] in respect of any dispute, controversy or claim arising out of or relating to this Agreement.
In the event of any dispute arising between the Parties, the Parties shall first endeavour in good faith to resolve the same through direct negotiation between themselves within a period of thirty (30) days of written notice of the dispute being given by one Party to the other.
Should the Parties fail to resolve the dispute through negotiation within the said period, they shall endeavour to resolve the same through mediation conducted by a mediator mutually agreed upon, with the costs of such mediation to be borne equally by the Parties.
Nothing in this clause shall preclude either Party from seeking urgent interim or injunctive relief from a court of competent jurisdiction in respect of any matter requiring immediate judicial intervention.
The prevailing Party in any dispute arising hereunder shall be entitled to recover from the other Party all reasonable costs incurred in connection with such dispute, including without limitation legal fees, court costs and the costs of any alternative dispute resolution procedure.
Each Party irrevocably waives any objection it may now or hereafter have to the laying of venue of any such proceedings in the courts specified herein, and any claim that any such proceedings have been brought in an inconvenient forum.
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 oral or written, between the Parties relating thereto.
No variation, amendment, modification or supplement to this Agreement shall be effective unless reduced to writing and signed by both Parties.
If any provision of this Agreement is held by any court or competent authority to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect, and the Parties shall negotiate in good faith to substitute a valid, legal and enforceable provision which, to the greatest extent possible, achieves the intended effect of the original provision.
No failure or delay by either Party in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any further exercise thereof or the exercise of any other right, power or remedy.
Neither Party may assign, transfer, charge or otherwise dispose of this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, save that the Landlord may assign the benefit of this Agreement to any successor in title to the Property.
Nothing in this Agreement shall create, or be deemed to create, any partnership, joint venture, agency or employment relationship between the Parties.
This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all counterparts together shall constitute one and the same agreement.
The provisions of this Agreement which by their nature are intended to survive the determination hereof, including without limitation provisions relating to indemnity, liability, confidentiality, and governing law, shall continue in full force and effect notwithstanding such determination.
This Agreement is binding upon and shall enure to the benefit of the Parties and their respective heirs, personal representatives, successors and permitted assigns.
IN WITNESS WHEREOF, the Parties hereto have executed this Room Rental Agreement as of the Effective Date first above written.
THE LANDLORD:
Signed: ______________________________
Name: [Landlord Full Legal Name]
Address: [Landlord Full Address]
Identification Number: [ID Number]
Date: _________________________________
THE TENANT:
Signed: ______________________________
Name: [Tenant Full Legal Name]
Address: [Tenant Full Address]
Identification Number: [ID Number]
Date: _________________________________
WITNESS (if required):
Signed: ______________________________
Name: [Witness Full Name]
Address: [Witness Address]
Date: _________________________________