Tenant-Friendly Lease Agreement Template
LEASE AGREEMENT
This Lease 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:
[Full Legal Name of Landlord], an individual residing at [Full Residential Address of Landlord], holder of identification document no. [ID Number] (hereinafter referred to as the "Landlord"), of the first part;
AND
[Full Legal Name of Tenant], an individual residing at [Full Residential Address of Tenant], holder of identification document no. [ID Number] (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 that certain residential property situated at [Full Address of Premises], together with all fixtures, fittings and appurtenances thereto;
WHEREAS, the Tenant desires to take on lease the said residential property for private residential occupation, and the Landlord has agreed to let the same to the Tenant upon the terms, covenants and conditions hereinafter appearing;
WHEREAS, the Parties, having negotiated the terms of this Agreement at arm's length and each having had the opportunity to seek independent legal counsel, now wish to reduce their understanding to writing;
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, and for other good and valuable consideration the receipt and sufficiency whereof are hereby acknowledged, the Parties covenant and agree as follows:
Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following expressions shall bear the meanings respectively assigned to them hereunder.
"Premises" or "Demised Premises" shall mean the residential dwelling situated at [Full Address of Premises], together with all rooms, fixtures, fittings, appliances, furniture (if any), and all appurtenances, rights, easements and privileges attaching thereto, as more particularly described in clause 2 hereof, and shall include any part or parts thereof as the context may admit.
"Term" shall mean the fixed period of six (6) calendar months commencing on the Commencement Date and expiring on the Expiry Date, as set forth in clause 4 hereof, subject to earlier determination in accordance with the provisions of this Agreement.
"Rent" shall mean the monthly sum payable by the Tenant to the Landlord in consideration of the demise hereby made, in the amount of [Currency] [Amount] per calendar month, payable in advance in accordance with clause 5 hereof.
"Security Deposit" shall mean the sum of [Currency] [Amount] paid or to be paid by the Tenant to the Landlord upon execution of this Agreement, to be held and applied in accordance with clause 8 hereof.
"Business Day" shall mean any day other than a Saturday, Sunday or public holiday observed in [Country] on which banks are generally open for the transaction of ordinary business.
"Permitted Use" shall mean occupation and use of the Premises solely as a private residential dwelling for the Tenant and the members of the Tenant's immediate household, and for no other purpose whatsoever.
Words importing the singular number shall include the plural and vice versa; words importing one gender shall include every other gender; references to persons shall include natural persons, bodies corporate and unincorporated associations; and headings are inserted for convenience only and shall not affect the construction of this Agreement.
Demised Premises
The Landlord hereby demises and lets unto the Tenant, and the Tenant hereby takes on lease from the Landlord, the Premises, to hold the same unto the Tenant for the Term, subject to the covenants, conditions and stipulations herein contained.
The Premises comprise [number] bedroom(s), [number] bathroom(s), [number] living/reception room(s), kitchen, and such other rooms, areas and ancillary spaces as are situated at the address aforesaid, together with the fixtures, fittings, furnishings, appliances and chattels (if any) itemised in a written inventory to be prepared and signed by both Parties on or before the Commencement Date.
The Tenant acknowledges that it has personally inspected the Premises prior to the execution hereof and accepts the same in their present state and condition, save that the Landlord warrants that at the Commencement Date the Premises shall be fit for human habitation, structurally sound, watertight and furnished with functioning essential services including water, electricity, sanitation and heating (where applicable).
The Landlord warrants to the Tenant that the Landlord has full legal right, title and authority to grant this lease, that the Premises are not subject to any mortgage, charge, encumbrance or third-party right which would interfere with the Tenant's quiet enjoyment, and that no consent of any third party is required for the grant hereof which has not been obtained.
The Landlord covenants with the Tenant that, so long as the Tenant pays the Rent and observes the covenants on its part herein contained, the Tenant shall peaceably and quietly hold and enjoy the Premises during the Term without any interruption or disturbance from or by the Landlord or any person claiming through, under or in trust for the Landlord.
Any defect, want of repair or deficiency in the Premises or the inventory noted by the Tenant within fourteen (14) days of the Commencement Date shall be notified in writing to the Landlord, and the Landlord shall promptly remedy the same at its own cost and expense.
The Landlord shall deliver vacant possession of the Premises to the Tenant on the Commencement Date, together with all keys, access devices, codes and operating manuals necessary for the full use and enjoyment thereof.
Late Payment and Default Charges
If any instalment of Rent or any other sum due and payable by the Tenant under this Agreement remains unpaid for a period of seven (7) days after the due date therefor (the "Grace Period"), the Tenant shall, without prejudice to any other right or remedy available to the Landlord, pay to the Landlord a fixed late payment charge in the sum of [Currency] [Amount] in respect of each such overdue instalment.
The late payment charge referred to in the preceding clause shall represent a genuine pre-estimate of the administrative inconvenience, costs and losses occasioned to the Landlord by reason of the Tenant's default, and shall not be construed as a penalty.
The Tenant shall not be liable for the late payment charge in respect of any delay caused by failure of the banking system, interruption of payment infrastructure or other circumstance demonstrably beyond the Tenant's reasonable control, provided that the Tenant notifies the Landlord of such circumstance promptly and tenders payment within a reasonable time thereafter.
Only one (1) late payment charge shall be levied in respect of any single overdue instalment, irrespective of the length of time such instalment remains unpaid, and no compound or recurring late charges shall be imposed.
Any late payment charge due hereunder shall be payable within fourteen (14) days of written demand therefor by the Landlord, which demand shall itemise the overdue instalment and the computation of the charge.
The acceptance by the Landlord of any late payment charge, or of any Rent tendered after the due date, shall not constitute a waiver of the Tenant's obligation to pay Rent punctually in the future, nor shall it operate as a variation of this Agreement.
Nothing in this clause shall entitle the Landlord to charge interest, administrative fees or any further sums in respect of late payment of Rent save as expressly provided herein.
Term of Lease
The Term of this lease shall be a fixed period of six (6) calendar months, commencing on [Commencement Date] (the "Commencement Date") and expiring, unless sooner determined in accordance with the provisions hereof, at midnight on [Expiry Date] (the "Expiry Date").
The Term shall not be subject to automatic renewal, extension or holdover of any kind; upon the expiry of the Term, this Agreement shall determine absolutely unless renewed in accordance with clause 14 hereof.
Time shall be of the essence in respect of the Commencement Date and the Expiry Date, and in respect of all dates and periods specified in this Agreement.
If the Landlord fails to deliver vacant possession of the Premises to the Tenant on the Commencement Date, the Tenant shall be entitled, at its sole option, (i) to a pro rata abatement of Rent for each day of delay, (ii) to terminate this Agreement by written notice if the delay exceeds seven (7) days, and to recover any Rent and Security Deposit already paid, together with reasonable out-of-pocket costs incurred by reason of such failure.
The Tenant shall be entitled to occupy the Premises throughout the Term for the Permitted Use, subject only to the covenants herein contained.
Should the Tenant remain in occupation beyond the Expiry Date with the express written consent of the Landlord but without a formal renewal having been executed, such occupation shall be construed as a tenancy at will determinable by either Party on fourteen (14) days' written notice, upon the same terms as herein contained save as to duration.
Rent and Method of Payment
The Tenant shall pay to the Landlord the Rent in the sum of [Currency] [Amount] per calendar month, free and clear of any deduction, set-off or counterclaim save as expressly permitted by law or by this Agreement.
The Rent shall be payable monthly in advance, on or before the [day] day of each calendar month throughout the Term, the first such payment being due on the Commencement Date in respect of the first month of the Term.
Where the Commencement Date or the Expiry Date falls on a day other than the first or last day of a calendar month, the Rent for such partial month shall be prorated on a daily basis, calculated by dividing the monthly Rent by the number of days in the relevant calendar month.
Payment of Rent shall be made by electronic bank transfer to such account as the Landlord shall from time to time nominate in writing, the details whereof as at the date hereof are: [Bank Name], [Account Name], [Account Number], [Sort Code/IBAN/SWIFT]; or by such other method as the Parties may hereafter agree in writing.
The Landlord shall, upon request by the Tenant, promptly issue a written receipt or acknowledgement in respect of each payment of Rent received, and shall maintain accurate records thereof.
The Rent shall be fixed for the duration of the Term and shall not be subject to review, increase or variation during the Term, save with the express written consent of the Tenant.
Payment shall be deemed effected on the date on which cleared funds are received into the Landlord's nominated account, provided that where payment is initiated by the Tenant on or before the due date and delayed solely by reason of banking processing times, the Tenant shall not be in default.
Alterations and Improvements
The Tenant shall not make, construct, erect or carry out any alterations, additions, improvements or structural changes to the Premises, whether internal or external, without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed in respect of non-structural works.
Notwithstanding the foregoing, the Tenant shall be entitled, without the consent of the Landlord, to affix in a non-invasive manner such pictures, shelves, curtains, blinds, light fittings and similar domestic items as are reasonably necessary for the enjoyment of the Premises as a residential dwelling, provided that the Tenant restores the Premises at the end of the Term, fair wear and tear excepted.
Any alteration or improvement consented to by the Landlord shall be carried out by the Tenant at the Tenant's expense, in a good and workmanlike manner, in compliance with all applicable laws and regulations, and by suitably qualified tradespersons.
Any fixture, fitting or improvement installed by the Tenant at the Tenant's cost (other than those of a trivial or demountable nature) shall, at the option of the Tenant, either remain the property of the Tenant and be removed at the end of the Term, or be surrendered to the Landlord without compensation; where removed, the Tenant shall make good any resulting damage.
The Landlord shall not, during the Term, undertake any alteration, improvement or works at the Premises which materially interfere with the Tenant's use, enjoyment or privacy, save for works of necessary repair, works required by law, or works to which the Tenant has consented in writing.
Where the Landlord carries out works at the Premises during the Term, the Landlord shall give the Tenant not less than fourteen (14) days' prior written notice (save in cases of genuine emergency), shall minimise disruption, and shall abate the Rent proportionately for any period during which the Premises are rendered wholly or substantially uninhabitable.
Maintenance and Repairs
The Landlord shall, at the Landlord's sole cost and expense, be responsible for all structural repairs and maintenance of the Premises, including without limitation the roof, foundations, load-bearing walls, exterior walls, chimneys, principal drains, main plumbing and electrical installations, central heating and water heating systems, and any fixed appliances and installations provided by the Landlord.
The Landlord shall further be responsible for the repair and replacement of items which fail by reason of age, inherent defect, fair wear and tear, or circumstances not attributable to the fault or neglect of the Tenant, and shall ensure that the Premises remain fit for human habitation throughout the Term.
The Landlord shall carry out such repairs for which the Landlord is responsible with reasonable promptness, and in any event within thirty (30) days of becoming aware of the need therefor, or sooner where the defect materially impairs the Tenant's use of the Premises or poses a risk to health or safety.
The Tenant shall be responsible only for minor and day-to-day maintenance of the Premises, including the replacement of light bulbs, batteries in smoke detectors, minor consumables, keeping the interior reasonably clean and tidy, and promptly reporting to the Landlord any defect, damage or need for repair of which the Tenant becomes aware.
The Tenant shall not be liable for any defect, deterioration or damage arising from fair wear and tear, from the action of the elements, from inherent defects in the Premises, from acts or omissions of the Landlord or persons for whom the Landlord is responsible, or from events beyond the Tenant's reasonable control.
If the Landlord fails to carry out any repair for which it is responsible within a reasonable time after written notice from the Tenant, the Tenant shall be entitled, after a further seven (7) days' written notice, to procure the works to be carried out and to recover the reasonable cost thereof from the Landlord, including by way of set-off against future Rent.
If the Premises are rendered wholly or substantially uninhabitable by reason of any cause not attributable to the Tenant's wilful act or gross negligence, the Rent shall be suspended or proportionately abated until the Premises are restored to a habitable condition, and the Tenant shall additionally have the right to terminate this Agreement if such condition subsists for more than thirty (30) consecutive days.
Security Deposit
Upon the execution of this Agreement, the Tenant shall pay to the Landlord the Security Deposit in the sum of [Currency] [Amount], being equivalent to [number] month(s) of Rent, by way of security for the due performance by the Tenant of its obligations hereunder.
The Security Deposit shall be held by the Landlord in a separate, identifiable account, shall not be commingled with the Landlord's personal funds, and shall at all times remain the property of the Tenant subject only to the Landlord's rights of recourse hereunder.
The Security Deposit shall not be treated as, nor applied in lieu of, any instalment of Rent during the Term, and the Tenant shall not be entitled to withhold any Rent on account thereof.
Within thirty (30) days after the expiry or earlier determination of this Agreement and the vacation of the Premises by the Tenant, the Landlord shall refund the Security Deposit to the Tenant in full, less only such amounts as the Landlord is lawfully entitled to deduct in respect of (i) unpaid Rent or other sums due; (ii) the reasonable cost of making good damage to the Premises caused by the Tenant beyond fair wear and tear; and (iii) the reasonable cost of replacing items from the inventory lost or destroyed by the fault of the Tenant.
The Landlord shall, together with the refund, provide to the Tenant a written itemised statement specifying any deductions made, together with supporting invoices or evidence; no deduction shall be made in respect of items not so documented.
Any dispute as to deductions from the Security Deposit shall be resolved in accordance with clause 18 hereof; pending resolution, the Landlord shall refund to the Tenant such part of the Security Deposit as is not in dispute.
If the Landlord fails to refund the Security Deposit within the said thirty (30) day period without lawful justification, the amount outstanding shall bear simple interest at the rate of [number] per cent per annum from the due date until the date of actual payment, and the Tenant shall be entitled to recover its reasonable costs of enforcement.
Use and Occupation of the Premises
The Tenant shall use and occupy the Premises solely for the Permitted Use, namely as a private residential dwelling for the Tenant and the members of the Tenant's immediate household, and for no commercial, industrial, professional or unlawful purpose.
The Tenant shall be entitled to permit members of the Tenant's immediate family, bona fide guests and visitors to reside with or visit the Tenant at the Premises in the ordinary course of residential occupation, without the same constituting a breach of this Agreement or a subletting.
The Tenant shall not do or permit to be done at the Premises anything which is unlawful, which constitutes a nuisance or annoyance to neighbouring occupiers, or which may invalidate or increase the premium of any insurance policy on the Premises of which the Tenant has been given written notice.
The Tenant shall keep the Premises in a reasonably clean, tidy and sanitary condition, shall dispose of refuse in the manner customary in the locality, and shall take reasonable precautions against fire, flood, infestation and other foreseeable risks.
The keeping of pets at the Premises shall be permitted only with the prior written consent of the Landlord, such consent not to be unreasonably withheld; where consent is granted, the Tenant shall be responsible for any damage caused by such pet beyond fair wear and tear.
Smoking of tobacco or other substances within the interior of the Premises shall be [permitted/not permitted], as agreed by the Parties and recorded herein.
The Tenant shall comply with all applicable laws, regulations and bye-laws governing the occupation of residential premises in the locality, and with the reasonable rules of any owners' association, condominium or building management applicable to the Premises, provided that the Tenant has been furnished with a copy of such rules.
Utilities and Outgoings
The Tenant shall be responsible for the payment, during the Term, of charges in respect of electricity, gas, water (where separately metered), telephone, internet and television services consumed at the Premises, and shall arrange for the accounts therefor to be in the Tenant's own name where practicable.
The Landlord shall be responsible for all taxes, rates, levies and charges of a capital nature or imposed on the ownership of the Premises, including property taxes, land taxes, building insurance premiums, condominium or association fees of a structural character, and any similar public or private impositions.
The Landlord shall ensure that at the Commencement Date the Premises are connected to all essential utility services and that no arrears exist in respect thereof; any arrears relating to the period prior to the Commencement Date shall remain the sole responsibility of the Landlord.
The Tenant shall, on request, provide to the Landlord copies of utility accounts and evidence of payment thereof in respect of accounts in the Tenant's name, and shall settle all such accounts up to the date of vacation of the Premises.
Where any utility is not separately metered to the Premises and is billed to the Landlord, the Landlord shall apportion the charge on a fair and reasonable basis having regard to the Tenant's consumption, and shall furnish the Tenant with copies of the underlying bills; the Tenant shall only be liable for such sums as are properly supported by documentation.
Any interruption in the supply of utilities not caused by the Tenant shall not constitute a breach of this Agreement by the Tenant; where such interruption is attributable to the Landlord's default or to a condition of the Premises for which the Landlord is responsible, the provisions of clause 7 concerning abatement of Rent shall apply.
Landlord's Right of Entry
The Landlord may enter the Premises for the purpose of inspection, carrying out repairs for which the Landlord is responsible, or showing the Premises to prospective tenants or purchasers during the last sixty (60) days of the Term, only upon giving to the Tenant not less than forty-eight (48) hours' prior written notice.
Any such entry shall be made at reasonable times during normal daytime hours on a Business Day, and in a manner which minimises inconvenience and intrusion to the Tenant and respects the Tenant's right to privacy and quiet enjoyment of the Premises.
In the event of a genuine emergency posing an immediate threat to life, health, safety or substantial property, the Landlord may enter the Premises without prior notice, but shall notify the Tenant of such entry as soon as reasonably practicable thereafter and shall provide a written account of the reason therefor.
Save as expressly provided in this clause, the Landlord shall have no right to enter the Premises during the Term, and shall not retain keys or access devices for the purpose of unannounced entry; the Tenant shall be entitled to install additional security measures provided they are removed and the Premises reinstated at the end of the Term.
The Landlord shall not disturb or move the Tenant's personal belongings during any such entry, shall not photograph the interior of the Premises without the Tenant's prior written consent, and shall be strictly liable for any loss, damage or theft occurring during or arising from any entry by the Landlord or persons authorised by the Landlord.
The Landlord shall not use the right of entry to harass, intimidate or disturb the Tenant, and any abuse of the right of entry shall constitute a material breach of this Agreement entitling the Tenant to the remedies set out in clause 15 hereof.
Insurance and Indemnity
The Landlord shall, at the Landlord's own cost, maintain in force throughout the Term a policy or policies of insurance in respect of the Premises against fire, flood, storm, structural damage and such other perils as are customary for residential property of the type demised, in a sum representing the full reinstatement value thereof.
The Landlord's insurance shall further include public liability cover in respect of claims arising from the ownership of the Premises or from defects therein for which the Landlord is responsible, and the Landlord shall produce evidence of such cover upon reasonable request by the Tenant.
The Tenant shall be solely responsible for insuring the Tenant's own personal possessions, contents and effects within the Premises; the Landlord shall bear no responsibility for loss of or damage to the Tenant's belongings save where caused by the Landlord's negligence or breach of this Agreement.
The Landlord shall indemnify and hold the Tenant harmless from and against any and all claims, demands, actions, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with (i) any defect in the structure, fabric or installations of the Premises; (ii) any breach by the Landlord of this Agreement; or (iii) any negligent act or omission of the Landlord or persons for whom the Landlord is responsible.
The Tenant shall indemnify the Landlord against loss or damage to the Premises directly caused by the wilful misconduct or gross negligence of the Tenant or persons admitted to the Premises by the Tenant, save to the extent such loss is covered by the Landlord's insurance or arises from fair wear and tear.
Neither Party shall be liable to the other for any indirect, consequential or purely economic loss, and the aggregate liability of the Tenant to the Landlord under this Agreement (other than for unpaid Rent) shall not exceed a sum equivalent to the Security Deposit plus one (1) month's Rent.
Each Party shall notify the other promptly in writing of any event or circumstance which may give rise to a claim under this clause or under any applicable insurance policy, and shall cooperate reasonably in the handling of such claim.
Assignment and Subletting
The Tenant shall not be entitled to assign, transfer, mortgage or charge this Agreement or any interest hereunder without the prior written consent of the Landlord, which consent shall not be unreasonably withheld or delayed.
The Tenant shall not sublet the whole or any part of the Premises during the Term without the prior written consent of the Landlord, which consent shall not be unreasonably withheld in respect of a sublet to a person of good standing for residential use consistent with the Permitted Use.
The sharing of occupation of the Premises with members of the Tenant's immediate family or bona fide domestic partners shall not constitute a subletting or require the Landlord's consent, provided that the Tenant remains in occupation and remains primarily liable under this Agreement.
The Landlord shall be entitled to assign its interest in the Premises or in this Agreement to any purchaser or successor in title, provided that (i) the Tenant's rights under this Agreement are fully preserved; (ii) the assignee covenants directly with the Tenant to observe the Landlord's obligations hereunder; and (iii) the Tenant is given not less than thirty (30) days' prior written notice of the assignment, together with details of the assignee and payment instructions.
No assignment or disposition by the Landlord shall prejudice the Tenant's right to recover the Security Deposit, and the outgoing Landlord shall procure that the Security Deposit is transferred to the incoming Landlord with written acknowledgement to the Tenant.
In the event of any permitted assignment or subletting by the Tenant, the Tenant shall remain primarily liable to the Landlord for the performance of the obligations hereunder unless expressly released by the Landlord in writing.
Renewal of Lease
This Agreement shall not be subject to automatic renewal. Any renewal or extension of the Term shall be effected only by mutual written agreement of the Parties, executed on or before the Expiry Date.
Either Party wishing to renew the lease for a further term may give to the other Party written notice of such wish not less than sixty (60) days prior to the Expiry Date, specifying the proposed duration and any proposed amendments to the terms hereof.
The Party receiving such notice shall respond in writing within thirty (30) days of receipt, indicating whether it is willing to enter into negotiations for renewal; no Party shall be under any obligation to agree to renewal, and silence or non-response shall be deemed a refusal.
If the Parties agree to renewal, they shall enter into a written renewal agreement or a new lease on such terms as they may mutually agree; in the absence of such written instrument executed prior to the Expiry Date, this Agreement shall determine on the Expiry Date without further formality.
Nothing in this clause shall oblige the Tenant to vacate the Premises prior to the Expiry Date or shall prejudice the Tenant's right to full use and enjoyment of the Premises throughout the Term.
Upon any renewal, the Security Deposit held by the Landlord shall, unless the Parties otherwise agree in writing, continue to be held upon the terms of this Agreement, suitably adjusted to reflect any revised Rent.
Default and Remedies
The occurrence of any of the following shall constitute an event of default by the Tenant: (i) non-payment of any instalment of Rent for a period of thirty (30) days after the due date, notwithstanding written notice from the Landlord; (ii) material breach of any covenant herein, not remedied within thirty (30) days of written notice specifying the breach; or (iii) abandonment of the Premises without notice to the Landlord.
The occurrence of any of the following shall constitute an event of default by the Landlord: (i) failure to deliver or maintain the Premises in a habitable condition; (ii) material breach of the covenant of quiet enjoyment; (iii) failure to carry out repairs for which the Landlord is responsible within a reasonable time after written notice; or (iv) any other material breach of this Agreement not remedied within thirty (30) days of written notice.
Upon an event of default by the Tenant, the Landlord shall be entitled, after serving a further written notice of not less than fourteen (14) days to remedy, to terminate this Agreement and to recover possession of the Premises in accordance with applicable law, together with any Rent and other sums then outstanding.
Upon an event of default by the Landlord, the Tenant shall be entitled, at the Tenant's sole option: (i) to terminate this Agreement forthwith by written notice; (ii) to procure the remedy of the breach at the Landlord's cost and to recover the same by set-off against Rent or otherwise; (iii) to claim an abatement of Rent; and/or (iv) to recover damages, including the reasonable costs of alternative accommodation and relocation.
Upon any termination by the Tenant pursuant to the Landlord's default, the Landlord shall refund forthwith the Security Deposit in full, together with any Rent paid in respect of any period beyond the date of termination, without deduction.
The rights and remedies set forth in this clause are cumulative and in addition to, and not in substitution for, any other rights and remedies available at law or in equity, and no exercise or non-exercise of any such right shall preclude the exercise of any other.
Neither Party shall be in default by reason of any failure or delay in performance caused by force majeure, being any event beyond the reasonable control of such Party, including acts of God, war, civil disturbance, epidemic, governmental action or natural disaster, provided that such Party gives prompt notice of the event and uses reasonable endeavours to mitigate its effects.
Termination and Surrender of Possession
This Agreement shall terminate upon the expiry of the Term, or earlier upon the lawful exercise of any right of termination by either Party in accordance with the provisions hereof.
Upon termination of this Agreement for any reason, the Tenant shall peaceably surrender possession of the Premises to the Landlord, together with all keys, access devices and other means of entry, and shall vacate the Premises on or before the date of termination.
The Tenant shall deliver up the Premises in the same condition as at the Commencement Date, fair wear and tear, acts of the Landlord, inherent defects, and matters beyond the Tenant's reasonable control excepted, and with all items of the inventory present and in their original locations save for those lawfully disposed of or replaced.
The Tenant shall be entitled to remove, on or before the date of termination, all of the Tenant's personal possessions, furnishings and chattels, together with any fixtures installed by the Tenant at the Tenant's cost which are capable of removal without substantial damage to the Premises.
A joint inspection of the Premises shall be conducted by the Parties on or before the date of surrender, and a written inventory check-out report shall be prepared and signed by both Parties, noting the condition of the Premises; where the Landlord fails to attend such inspection despite reasonable notice, the Tenant's written report shall be conclusive.
The Tenant shall not be liable for any dilapidation, redecoration or reinstatement beyond that necessary to restore the Premises to the condition recorded in the inventory at the Commencement Date, fair wear and tear excepted.
Upon surrender of the Premises in accordance with this clause, the obligations of the Parties shall cease save for (i) obligations expressly stated to survive termination; (ii) the Landlord's obligation to refund the Security Deposit in accordance with clause 8; and (iii) any accrued rights or liabilities as at the date of termination.
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 personally, sent by prepaid registered or recorded post, or sent by electronic mail to the address of the recipient specified herein or to such other address as the recipient may hereafter notify to the sender in writing.
The address for service of notices on the Landlord shall be [Landlord's Notice Address], electronic mail [Landlord's Email Address]; and the address for service of notices on the Tenant shall be the Premises, electronic mail [Tenant's Email Address], or such other address as the Tenant may from time to time notify.
A notice shall be deemed to have been duly served: (i) if delivered personally, at the time of delivery; (ii) if sent by registered or recorded post, on the third Business Day after posting; and (iii) if sent by electronic mail, at the time of transmission, provided no delivery failure notification is received.
Notices concerning termination, default, or the exercise of any material right under this Agreement shall be given both by registered or recorded post and by electronic mail, and shall only be effective upon receipt by both means.
The Tenant shall be deemed to have been served with a notice sent to the Premises notwithstanding any temporary absence of the Tenant, provided that the Landlord shall additionally send a copy by electronic mail.
Each Party undertakes promptly to notify the other in writing of any change in its address or other particulars for the service of notices.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of [Country/Jurisdiction], without regard to its conflict of laws principles.
The Parties shall, in the first instance, use their best endeavours to resolve any dispute, controversy or claim arising out of or in connection with this Agreement amicably through good faith negotiation, within a period of thirty (30) days from written notification of the dispute by one Party to the other.
If the dispute is not resolved by negotiation within the said period, the Parties shall endeavour to resolve the dispute by mediation administered by a mutually agreed mediator in [City/Jurisdiction], the costs of such mediation to be borne equally by the Parties save as the mediator may otherwise determine.
Failing settlement by mediation within sixty (60) days of its commencement, either Party shall be at liberty to refer the dispute to the courts of competent jurisdiction in [Country/Jurisdiction], to the exclusive jurisdiction of which the Parties hereby submit.
Notwithstanding the foregoing, either Party shall be entitled at any time to seek interim or injunctive relief from any court of competent jurisdiction in order to protect its rights or property, without first exhausting the negotiation and mediation procedures.
In any proceedings arising out of this Agreement, the prevailing Party shall be entitled to recover from the other Party its reasonable legal costs, including attorneys' fees, as the court may determine.
Each Party shall continue to perform its obligations under this Agreement during the pendency of any dispute, save in respect of matters which are the subject of the dispute itself.
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 or modification of this Agreement shall be effective unless made in writing and signed by both Parties.
No waiver by either Party of any breach of any provision of this Agreement shall be deemed a waiver of any subsequent breach of the same or any other provision; the failure or delay of a Party in exercising any right shall not operate as a waiver thereof.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from the remainder, which shall continue in full force and effect, and the Parties shall negotiate in good faith a replacement provision reflecting as closely as possible the original intention.
This Agreement is personal to the Parties and is not intended to confer any benefit on, nor shall it be enforceable by, any third party, save as expressly provided herein.
This Agreement may be executed in any number of counterparts, each of which when executed shall be deemed an original, and all of which together shall constitute one and the same instrument; delivery of an executed counterpart by electronic means shall be effective as delivery of an original.
The Parties acknowledge that each has had the opportunity to seek independent legal advice prior to the execution hereof, and this Agreement shall not be construed against either Party by reason of authorship.
Each Party shall, at the request and cost of the other, execute such further documents and do such further acts and things as may reasonably be required to give full effect to the provisions of this Agreement.
The obligations of the Parties which by their nature are intended to survive the expiry or termination of this Agreement shall so survive.
IN WITNESS WHEREOF, the Parties hereto have executed this Lease Agreement on the day and year first hereinabove written.
SIGNED by the LANDLORD:
Signature: ______________________________
Name: [Full Legal Name of Landlord]
Address: [Full Residential Address of Landlord]
Identification No.: [ID Number]
Date: ______________________________
SIGNED by the TENANT:
Signature: ______________________________
Name: [Full Legal Name of Tenant]
Address: [Full Residential Address of Tenant]
Identification No.: [ID Number]
Date: ______________________________
WITNESS 1:
Signature: ______________________________
Name: [Full Name of Witness]
Address: [Address of Witness]
Date: ______________________________
WITNESS 2:
Signature: ______________________________
Name: [Full Name of Witness]
Address: [Address of Witness]
Date: ______________________________