Tenant-Friendly Rental Agreement Template
RENTAL AGREEMENT
This 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], an individual residing at [Landlord Address], holder of identification document number [ID Number] (hereinafter referred to as the "Landlord"), of the one part;
and
[Tenant Full Legal Name], an individual residing at [Tenant Address], holder of identification document number [ID Number] (hereinafter referred to as the "Tenant"), of the other part.
The Landlord and the Tenant are hereinafter referred to individually as a "Party" and collectively as the "Parties".
WHEREAS, the Landlord is the lawful owner of, and has full right, power, and authority to let, that certain residential property more particularly described herein;
WHEREAS, the Tenant desires to take on lease from the Landlord the said residential property for use as a private dwelling upon the terms and conditions hereinafter set forth;
WHEREAS, the Parties have negotiated the terms of their respective rights and obligations and now wish to reduce the same to writing in the form of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and undertakings herein contained, and for other good and valuable consideration the receipt and sufficiency of which are hereby expressly acknowledged, the Parties intending to be legally bound hereby covenant and agree as follows.
Demised Premises and Term of Tenancy
The Landlord hereby demises, leases, and lets unto the Tenant, and the Tenant hereby takes and accepts on lease from the Landlord, all that residential property situate at [Full Property Address], comprising [Number] bedroom(s), [Number] bathroom(s), together with all appurtenances, fixtures, and improvements affixed thereto (hereinafter referred to as the "Premises"), to be held and enjoyed by the Tenant as a private residential dwelling.
The term of this tenancy shall commence on [Commencement Date] (the "Commencement Date") and, unless sooner determined in accordance with the provisions hereof, shall endure for a fixed period of [Number] months, expiring on [Expiration Date] (the "Term").
The Landlord warrants and represents unto the Tenant that the Landlord possesses good and marketable title to the Premises, or otherwise lawful authority to let the same, and that the Tenant, upon paying the rent reserved herein and duly observing the covenants on the Tenant's part to be performed, shall peaceably and quietly hold and enjoy the Premises throughout the Term without any lawful interruption or disturbance by the Landlord or any person claiming by, through, or under the Landlord.
The Tenant shall be entitled to occupy the Premises from and including the Commencement Date, and the Landlord undertakes to deliver vacant possession of the Premises in a clean, habitable, and tenantable condition, together with all keys, access devices, and means of entry, on or before the Commencement Date.
Should the Landlord fail to deliver vacant possession of the Premises on the Commencement Date for any reason not attributable to the Tenant, the rent shall abate on a pro rata basis for each day of delay, and the Tenant shall additionally be entitled, at the Tenant's sole discretion, to terminate this Agreement without penalty and to recover any sums already paid hereunder.
Upon the mutual written agreement of the Parties, the Term may be extended or renewed for such further period and upon such terms as the Parties may then agree, provided that any such extension or renewal shall be documented by a written instrument duly executed by both Parties.
Any holding over by the Tenant beyond the expiration of the Term with the express or implied consent of the Landlord shall create a tenancy from month to month upon the same terms and conditions as are herein contained, save as to duration, and either Party may thereafter terminate such tenancy upon not less than [Number] days' prior written notice to the other.
Rent and Mode of Payment
In consideration of the demise hereby made, the Tenant shall pay to the Landlord a monthly rent in the sum of [Currency] [Amount] (hereinafter referred to as the "Rent"), payable in advance on or before the [Number] day of each calendar month throughout the Term, without any set-off, counterclaim, deduction, or withholding whatsoever save as may be required by applicable law.
The first instalment of Rent shall be due and payable on the Commencement Date, and if the Commencement Date is other than the first day of a calendar month, the Rent for such partial month shall be prorated on the basis of the actual number of days of occupancy in that month.
All payments of Rent shall be made by bank transfer to the account designated by the Landlord as follows: Bank Name: [Bank Name]; Account Holder: [Account Holder]; Account Number: [Account Number]; or such other method or account as the Landlord may from time to time notify to the Tenant in writing not less than [Number] days in advance of the next payment date.
Payment shall be deemed to have been made on the date upon which the Tenant initiates the transfer from the Tenant's bank account, provided that such transfer is thereafter duly completed in the ordinary course, and any bank charges levied by the Tenant's bank in effecting such transfer shall be borne by the Tenant, whereas charges levied by the Landlord's receiving bank shall be borne by the Landlord.
The Rent shall remain fixed and unchanged throughout the Term, and no unilateral increase shall be effective against the Tenant save as may be expressly agreed in writing by the Tenant.
The Landlord shall, upon the Tenant's request, furnish to the Tenant a written receipt in respect of each payment of Rent and of any other sum paid by the Tenant hereunder.
Where any payment is tendered by the Tenant and accepted by the Landlord, such acceptance shall be without prejudice to any pre-existing dispute concerning the sum due, and no acceptance of a lesser amount shall be construed as an accord and satisfaction in respect of any larger sum owing.
Furnishings and Inventory
The Premises are demised to the Tenant in a fully furnished condition, together with the furniture, appliances, fixtures, fittings, equipment, utensils, and other movable items of a domestic character which are presently situated therein (collectively, the "Furnishings").
The Parties shall, on or before the Commencement Date, jointly inspect the Premises and the Furnishings and shall prepare and sign a written inventory and condition report (the "Inventory") listing all items comprising the Furnishings and describing their respective conditions, which Inventory, once signed, shall constitute conclusive evidence as between the Parties of the state and completeness of the Furnishings as at the Commencement Date.
The Tenant shall use the Furnishings in a careful and tenant-like manner and shall keep the same in good order and condition, fair wear and tear excepted, and shall not remove any of the Furnishings from the Premises without the prior written consent of the Landlord.
The Landlord warrants that the Furnishings are, as at the Commencement Date, in good working order, clean, hygienic, and fit for their intended domestic use, and the Landlord shall at the Landlord's own expense repair or replace any item of Furnishings which proves to be defective or which ceases to be fit for use by reason of fair wear and tear or any cause not attributable to the wilful misconduct or gross negligence of the Tenant.
Any item of Furnishings which is damaged, lost, or destroyed during the Term by reason of the wilful misconduct or gross negligence of the Tenant or of any person admitted to the Premises by the Tenant shall be repaired or replaced by the Tenant with an item of equivalent make, model, and condition, or, failing such repair or replacement, the Tenant shall reimburse the Landlord the depreciated value thereof.
The Tenant shall not be liable for, nor shall any claim be made against the Tenant in respect of, any deterioration of the Furnishings arising from fair wear and tear, from ordinary and reasonable domestic use, from inherent defect, or from any act, omission, or default of the Landlord.
Upon the expiration or sooner determination of this Agreement, the Parties shall jointly re-inspect the Premises and the Furnishings against the Inventory, and any discrepancies shall be addressed in accordance with the provisions governing the Security Deposit set forth hereinbelow.
Security Deposit
Simultaneously with the 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"), to be held by the Landlord as security for the due observance and performance by the Tenant of the covenants herein contained on the Tenant's part to be performed.
The Security Deposit shall not be treated as, nor applied in satisfaction of, any instalment of Rent, and the Tenant shall not be entitled to withhold any payment of Rent on the basis that the Security Deposit is held by the Landlord.
The Landlord shall hold the Security Deposit separately from the Landlord's own funds and shall not commingle the same with any other monies, and the Security Deposit shall at all times remain the property of the Tenant subject only to the Landlord's rights of recourse expressly set forth herein.
The Landlord shall be entitled to deduct from the Security Deposit only such sums as represent (i) arrears of Rent lawfully due and unpaid as at the date of termination, (ii) the reasonable cost of making good any damage to the Premises or the Furnishings caused by the Tenant beyond fair wear and tear, and (iii) any other sum lawfully and demonstrably due from the Tenant under this Agreement, and in each case only to the extent that the Landlord furnishes to the Tenant a written itemised statement with supporting documentary evidence.
The Landlord shall not be entitled to make any deduction from the Security Deposit in respect of fair wear and tear, in respect of items properly chargeable to the Landlord, or in respect of any matter not substantiated by documentary evidence.
Within [Number] days following the expiration or sooner determination of this Agreement and the surrender of vacant possession of the Premises by the Tenant, the Landlord shall return to the Tenant the Security Deposit, less any lawful deductions made in accordance with the preceding clauses, together with the aforesaid itemised statement.
Should the Landlord fail to return the Security Deposit (or the balance thereof) within the period specified above, the outstanding sum shall thereafter bear interest in favour of the Tenant at the rate of [Number] per cent per annum, calculated on a daily basis from the date on which repayment fell due until the date of actual payment.
Late Payment and Default Interest
Where any payment of Rent or any other sum lawfully due from the Tenant to the Landlord hereunder is not received by the Landlord within [Number] days of the due date therefor, the Landlord shall, before invoking any remedy on account of such non-payment, serve upon the Tenant a written notice specifying the sum in arrears and affording the Tenant a grace period of not less than [Number] additional days within which to remedy the default.
If the Tenant fails to remedy the default within the grace period aforesaid, the outstanding sum shall thereafter bear simple interest at the rate of [Number] per cent per annum, calculated from the original due date until the date of actual receipt by the Landlord, and such interest shall be the sole and exclusive monetary remedy of the Landlord in respect of late payment, in lieu of any other penalty, administrative charge, or liquidated damages.
No late payment charge or default interest shall accrue in respect of any sum which is the subject of a bona fide dispute raised by the Tenant in writing, provided that any amount ultimately determined to have been properly due shall bear interest from the date originally payable.
Any payment tendered by the Tenant shall be applied first in satisfaction of the principal sum outstanding and only thereafter against any accrued interest, unless the Tenant otherwise directs in writing at the time of payment.
The Landlord shall not be entitled to compound or capitalise any interest accruing hereunder, nor to levy any further charge, fee, or penalty by reason of late payment, howsoever described.
The provisions of this section shall not be construed as prejudicing the Landlord's right to pursue the remedies set forth in the section governing Events of Default and Remedies in the event of a persistent or material default in payment.
Right of Entry by Landlord
The Landlord acknowledges that the Tenant shall be entitled to the exclusive possession, quiet enjoyment, and privacy of the Premises throughout the Term, and that the Landlord shall not enter the Premises save in accordance with the provisions of this section.
The Landlord may enter the Premises only upon giving the Tenant not less than [Number] hours' prior written notice, and only during reasonable hours between [Time] and [Time] on business days, and solely for the following purposes: (i) to inspect the state and condition of the Premises; (ii) to carry out necessary repairs or maintenance; (iii) to show the Premises to prospective tenants during the last [Number] days of the Term; or (iv) to show the Premises to prospective purchasers or valuers.
The Tenant shall not unreasonably withhold consent to any such entry proposed in accordance with the preceding clause, and shall cooperate in agreeing a mutually convenient time within the notice period aforesaid.
In cases of genuine emergency involving an immediate and serious risk to life, limb, or property, the Landlord may enter the Premises without prior notice, provided that the Landlord shall take only such action as is strictly necessary to address the emergency and shall notify the Tenant in writing of such entry and the reasons therefor as soon as reasonably practicable thereafter.
The Landlord shall not retain any key, access card, code, or other means of entry to the Premises for use otherwise than in accordance with this section, and shall not alter any lock or security device on the Premises during the Term without the Tenant's prior written consent.
Any person entering the Premises on behalf of the Landlord shall be identified in advance to the Tenant and shall conduct themselves in a manner respectful of the Tenant's privacy and belongings; any damage occasioned to the Tenant's property by reason of such entry shall be made good by the Landlord at the Landlord's expense.
Any entry effected by the Landlord in breach of this section shall constitute a material breach of this Agreement entitling the Tenant to the remedies herein provided, including the right to terminate this Agreement upon notice.
Permitted Use and Authorized Occupants
The Premises shall be used by the Tenant exclusively as a private residential dwelling for the Tenant and the authorised occupants named below, and for no other purpose whatsoever, and in particular shall not be used for any trade, business, profession, commercial activity, or unlawful purpose.
The authorised occupants of the Premises shall be the Tenant together with [Names of Additional Occupants], and no other person shall take up residence at the Premises for a period exceeding [Number] consecutive days or [Number] days in aggregate in any calendar month without the prior written consent of the Landlord, such consent not to be unreasonably withheld, delayed, or made subject to any additional charge.
The Tenant shall be entitled to receive guests and visitors at the Premises in the ordinary and reasonable course of residential life, and nothing in this Agreement shall be construed as restricting the Tenant's right to private and family life within the Premises.
The Tenant covenants not to do, or permit to be done, anything upon the Premises which may constitute a legal nuisance to the occupiers of neighbouring premises, nor to use the Premises in such manner as would invalidate any insurance policy in respect thereof.
The Tenant shall observe such reasonable rules and regulations of any homeowners' association, condominium, or building management governing the Premises as have been disclosed to the Tenant in writing on or before the Commencement Date; no rule, regulation, or restriction not so disclosed shall be binding upon the Tenant.
The Tenant shall be entitled, without further consent of the Landlord, to work from the Premises in a quiet, non-commercial, home-office capacity which does not involve the regular attendance of clients, customers, employees, or the storage of commercial inventory at the Premises.
Prohibition on Pets
The keeping or harbouring of any pet, animal, bird, reptile, fish, or other living creature of any kind whatsoever upon the Premises is strictly prohibited throughout the Term, save with the prior express written consent of the Landlord.
Notwithstanding the foregoing, the Tenant shall be entitled to keep upon the Premises, without further consent, any assistance animal, service animal, or emotional support animal to which the Tenant or any authorised occupant is lawfully entitled, and no charge, additional deposit, or increase in Rent shall be levied in respect thereof.
The Tenant shall be permitted to receive short-term visits by pets belonging to guests, provided such visits do not exceed [Number] consecutive days and provided the Tenant assumes responsibility for any damage occasioned by such visiting animal.
Any animal kept upon the Premises in accordance with this section shall be kept under proper control, shall not cause nuisance, damage, or unsanitary conditions, and the Tenant shall be responsible for the reasonable cost of making good any damage directly attributable thereto beyond fair wear and tear.
Utilities and Running Charges
The Landlord shall, throughout the Term, be solely responsible for and shall promptly pay as and when the same fall due all charges in respect of utilities and running costs attributable to the Premises, including without limitation electricity, gas, water, sewerage, heating, cooling, refuse collection, basic internet connectivity, television licence (if applicable), and any property taxes, service charges, condominium fees, or homeowners' association dues.
All utility accounts shall be maintained in the name of the Landlord, and the Landlord shall ensure that the supply of all such utilities and services to the Premises is continuous and uninterrupted throughout the Term, save for interruptions beyond the Landlord's reasonable control.
Should any utility or service be disconnected or suspended by reason of the Landlord's failure to pay the applicable charges, the Tenant shall be entitled, after giving the Landlord [Number] days' written notice to remedy the same, either to settle the outstanding charges directly and deduct the amount so paid (together with any reasonable associated costs) from the next instalments of Rent, or to treat such failure as a material breach entitling the Tenant to terminate this Agreement.
Where any utility is interrupted for a continuous period exceeding [Number] days by reason of any default of the Landlord or any cause within the Landlord's control, the Rent shall abate proportionately from the first day of such interruption until the service is restored.
The Tenant shall exercise ordinary and reasonable care in the use of utilities and shall not wastefully or abusively consume the same; however, the Tenant shall not be required to curtail reasonable and ordinary residential use thereof.
Any utility, service, or convenience procured by the Tenant for the Tenant's own personal use and not comprised within the standard services aforesaid (such as premium television subscriptions or dedicated telephone lines in the Tenant's name) shall be at the Tenant's own expense.
Maintenance, Repairs, and Condition of Premises
The Landlord shall, at the Landlord's own cost and expense, keep and maintain the structure, exterior, roof, foundations, walls, floors, ceilings, windows, doors, plumbing, electrical, heating, cooling, and sanitary installations of the Premises, together with all appliances comprised within the Furnishings, in good and tenantable repair and in proper working order throughout the Term.
The Tenant shall use the Premises in a tenant-like manner and shall be responsible only for keeping the interior of the Premises in a reasonably clean and tidy condition, and for the replacement of minor consumable items such as light bulbs, batteries, and the like.
The Tenant shall promptly notify the Landlord in writing of any defect, damage, leak, breakdown, or want of repair of which the Tenant becomes aware, and the Landlord shall attend to and complete any necessary repair within [Number] days of such notification, or, in the case of urgent repairs affecting health, safety, security, habitability, or the supply of essential services, within [Number] hours.
Should the Landlord fail to effect any repair within the periods aforesaid, the Tenant shall be entitled, without prejudice to any other remedy, to procure the carrying out of such repair at the Landlord's cost and to deduct the reasonable cost thereof from future instalments of Rent, upon production of invoices or receipts.
If any part of the Premises becomes uninhabitable or substantially unfit for residential use by reason of any defect, damage, or want of repair not attributable to the wilful misconduct or gross negligence of the Tenant, the Rent shall abate wholly or proportionately, as the circumstances may require, from the date the Premises became uninhabitable until the date the same are restored to habitable condition.
The Tenant shall not be liable for any damage to the Premises or the Furnishings arising from fair wear and tear, inherent defect, latent defect, structural failure, act of God, or the act, omission, or default of the Landlord or any third party not acting on the Tenant's behalf.
The Tenant shall not undertake any alteration, addition, or improvement to the Premises of a structural or permanent nature without the prior written consent of the Landlord, but the Tenant shall be entitled, without such consent, to make reasonable non-structural changes of a decorative or temporary character which can readily be reversed upon the surrender of the Premises.
Smoking Restrictions
The Premises shall be, and shall at all times during the Term remain, a non-smoking property, and no smoking of tobacco, cannabis, electronic cigarettes, vaping devices, or any other combustible or inhalable substance shall be permitted within the interior of the Premises.
The Tenant and any authorised occupants shall be entitled to smoke in open-air areas situated at a reasonable distance from the Premises, provided such smoking does not cause smoke, odour, or ash to enter the Premises or any adjacent property.
Where the Premises comprise or include a private balcony, terrace, garden, or courtyard appurtenant exclusively to the Premises, smoking in such outdoor areas shall be permitted, provided it is conducted in a considerate manner and all residues are properly disposed of.
Any breach of this smoking restriction shall render the Tenant liable only for the reasonable cost of professional cleaning or deodorising necessitated thereby, and shall not of itself constitute an event of default unless such breach is persistent and repeated after written warning.
Insurance Obligations
The Landlord shall, throughout the Term, maintain in full force and effect, at the Landlord's own expense, a policy of insurance covering the Premises and the Furnishings against loss or damage by fire, flood, storm, water escape, theft, vandalism, and such other risks as are customarily insured against in respect of residential property, and shall also maintain adequate buildings insurance and public liability insurance in respect of the Premises.
The Tenant shall be at liberty, but shall not be obliged, to effect a policy of insurance covering the Tenant's own personal possessions and contents within the Premises, together with the Tenant's personal liability to third parties, and the extent and sufficiency of any such insurance shall be a matter solely for the Tenant.
Each Party shall promptly notify the other in writing of any incident, event, or occurrence of which it becomes aware that may give rise to a claim under any insurance policy maintained in respect of the Premises or the Furnishings, and shall render such reasonable assistance to the other as may be necessary in connection with any such claim.
The Landlord's insurance shall be the primary insurance in respect of the Premises and the Furnishings, and the Landlord waives, to the fullest extent permitted by law and by the terms of its insurance policies, any right of subrogation against the Tenant in respect of any loss or damage covered by such insurance, save in respect of damage caused by the wilful misconduct of the Tenant.
The Landlord shall furnish to the Tenant, upon reasonable request, written evidence of the currency of the insurance policies maintained pursuant to this section.
Assignment and Subletting
The Tenant shall not assign, transfer, charge, mortgage, or otherwise dispose of this Agreement or any interest herein, nor part with possession of the whole of the Premises, without the prior written consent of the Landlord.
The Tenant shall be entitled, without the Landlord's consent, to share occupation of the Premises with members of the Tenant's immediate family, provided that the Tenant remains in actual occupation of the Premises and remains primarily liable for the performance of the covenants herein contained.
The Tenant may sublet the Premises in whole or in part, or assign the Agreement, with the prior written consent of the Landlord, which consent shall not be unreasonably withheld, delayed, or made subject to any unreasonable condition or additional charge.
For the avoidance of doubt, it shall be reasonable for the Landlord to withhold consent only where the proposed assignee or subtenant is of demonstrably insufficient financial standing, has a documented history of material breach of residential tenancies, or where the proposed use would contravene this Agreement.
The Landlord shall be at liberty to assign, transfer, or otherwise dispose of the Landlord's reversionary interest in the Premises, provided that any such assignment or transfer shall be subject to the subsisting rights of the Tenant hereunder, and the Landlord shall give the Tenant not less than [Number] days' prior written notice thereof together with the contact details of the incoming landlord.
Events of Default and Remedies
Each of the following shall constitute an "Event of Default" on the part of the Tenant: (i) non-payment of any sum of Rent or other sum lawfully due hereunder which remains unpaid for a period exceeding [Number] days after service of a written demand therefor; (ii) material breach of any other covenant on the Tenant's part contained herein which, being capable of remedy, remains unremedied for a period of [Number] days after service of a written notice specifying the breach and requiring its remedy; or (iii) the use of the Premises for any unlawful purpose.
Each of the following shall constitute an "Event of Default" on the part of the Landlord: (i) failure to deliver or maintain vacant possession of the Premises; (ii) material breach of the covenant of quiet enjoyment; (iii) failure to carry out repairs within the periods specified in the section governing Maintenance, Repairs, and Condition of Premises; (iv) failure to pay or maintain the utilities and insurances for which the Landlord is responsible hereunder; or (v) any other material breach of this Agreement which, being capable of remedy, remains unremedied for a period of [Number] days after service of a written notice specifying the breach and requiring its remedy.
Upon the occurrence of an Event of Default by the Tenant which is not remedied within the applicable cure period, the Landlord may, by written notice to the Tenant, terminate this Agreement and recover possession of the Premises in accordance with the applicable law, and recover any sums lawfully due and any loss directly attributable to the breach, subject to the Landlord's duty to mitigate.
Upon the occurrence of an Event of Default by the Landlord which is not remedied within the applicable cure period, the Tenant may, at the Tenant's sole discretion and without prejudice to any other remedy available in law or equity, (i) terminate this Agreement by written notice with immediate effect; (ii) recover damages, including the costs of relocation; (iii) procure the performance of the Landlord's obligation at the Landlord's cost and deduct the same from the Rent; and (iv) withhold Rent until the default is remedied.
Neither Party shall be liable to the other for any indirect, consequential, special, or punitive damages arising out of or in connection with this Agreement.
The remedies herein provided shall be cumulative and in addition to, and not in substitution for, any other remedy available in law or equity, and the failure or delay of either Party to exercise any right or remedy shall not be construed as a waiver thereof.
Termination and Surrender of Possession
Upon the expiration of the Term or the sooner determination of this Agreement, the Tenant shall peaceably surrender vacant possession of the Premises to the Landlord in a condition substantially equivalent to that in which the Premises were delivered on the Commencement Date, fair wear and tear excepted, together with all keys and means of entry.
The Tenant shall be entitled to terminate this Agreement before the expiration of the Term, without penalty, upon giving the Landlord not less than [Number] days' prior written notice, in the event that the Tenant is required to relocate by reason of employment, health, family circumstances, or any other substantial and genuine cause.
The Landlord shall not terminate this Agreement before the expiration of the Term save upon the occurrence and continuance of an Event of Default by the Tenant as provided herein, and any purported termination otherwise shall be of no force or effect.
On or before the date of surrender, the Parties shall jointly inspect the Premises and the Furnishings against the Inventory, and shall sign a check-out condition report recording the state thereof; any disagreement shall be noted on such report and resolved in accordance with the provisions governing the Security Deposit.
The Tenant shall remove from the Premises all personal effects of the Tenant and the authorised occupants, and shall leave the Furnishings in their proper places as recorded in the Inventory; any personal effects left behind shall, after service of a written notice affording the Tenant not less than [Number] days to collect the same, be deemed abandoned.
Any alterations, additions, or improvements of a non-structural character made by the Tenant need not be removed at the end of the Term, unless the Landlord so requires by written notice given not less than [Number] days before the expiration of the Term, in which case the Tenant shall reinstate the affected part of the Premises in reasonable condition.
Nothing in this section shall oblige the Tenant to vacate the Premises until the Landlord has returned the Security Deposit or furnished the itemised statement provided for herein, save where vacant possession is due by reason of the natural expiration of the Term.
Notices
Any notice, demand, consent, approval, or other communication required or permitted to be given under this Agreement shall be in writing and in the English language, and shall be delivered by hand against written receipt, by prepaid registered post or recognised courier, or by electronic mail to the addresses set forth below.
Notices to the Landlord shall be addressed to: [Landlord Full Name], [Landlord Address for Service], email: [Landlord Email Address].
Notices to the Tenant shall be addressed to: [Tenant Full Name], at the Premises during the Term and thereafter at [Tenant Forwarding Address], email: [Tenant Email Address].
A notice shall be deemed duly served: (i) if delivered by hand, upon actual delivery; (ii) if sent by registered post or courier, upon the earlier of actual delivery and the expiration of [Number] business days after dispatch; and (iii) if sent by electronic mail, upon receipt by the sender of an acknowledgement or delivery confirmation, provided that the notice is not within one hour returned as undeliverable.
Either Party may at any time change its address for the service of notices by giving written notice to the other Party in accordance with this section, such change to take effect [Number] business days after receipt of the notice.
Notices in respect of emergencies affecting the Premises may be given by any reasonable means, including telephone, provided that written confirmation is dispatched as soon thereafter as is reasonably practicable.
Governing Law and Dispute Resolution
This Agreement shall be governed by, construed, and interpreted in accordance with the laws of [Country/Jurisdiction], without regard to any conflict of laws principles that would require the application of the law of any other jurisdiction.
The Parties shall endeavour in good faith to resolve amicably, by direct negotiation between them, any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, breach, or termination.
Should any such dispute remain unresolved after a period of [Number] days following the service by one Party upon the other of a written notice setting out the nature and particulars of the dispute, either Party shall be at liberty to refer the matter to the competent courts of [Country/Jurisdiction], whose jurisdiction shall be exclusive in respect of all such disputes.
The Party ultimately substantially prevailing in any such proceedings shall be entitled to recover from the other Party its reasonable and documented legal costs and disbursements, in addition to any other relief awarded.
Nothing in this section shall preclude either Party from applying to any court of competent jurisdiction for urgent interim or protective relief, pending the final determination of the dispute.
Miscellaneous Provisions
This Agreement, together with any inventory and condition report signed by the Parties, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, understandings, and agreements, whether written or oral.
No variation, amendment, or modification of this Agreement shall be effective unless made in writing and signed by both Parties.
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 preclude any further exercise of the same or any other right, power, or remedy.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the Parties shall negotiate in good faith to substitute the invalid provision with a valid provision which most closely approximates the original intention.
Nothing in this Agreement shall be construed as creating any partnership, joint venture, agency, employment, or fiduciary relationship between the Parties.
Neither Party shall be liable for any failure or delay in the performance of its obligations hereunder (other than the payment of money) to the extent that such failure or delay is caused by an event of force majeure beyond its reasonable control; provided, however, that if such event continues for more than [Number] days, either Party may terminate this Agreement by written notice to the other without further liability.
The provisions of this Agreement which by their nature are intended to survive the expiration or termination hereof, including those relating to the Security Deposit, outstanding payments, indemnities, and dispute resolution, shall so survive.
This Agreement may be executed in any number of counterparts, including by electronic signature or scanned copies exchanged by electronic mail, each of which when so executed shall constitute an original and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed as of the Effective Date first above written.
THE LANDLORD:
Signature: _______________________________
Printed Name: [Landlord Full Legal Name]
Identification Number: [ID Number]
Address: [Landlord Address]
Date: [Date of Signature]
THE TENANT:
Signature: _______________________________
Printed Name: [Tenant Full Legal Name]
Identification Number: [ID Number]
Address: [Tenant Address]
Date: [Date of Signature]
WITNESS (if required):
Signature: _______________________________
Printed Name: [Witness Full Name]
Address: [Witness Address]
Date: [Date of Signature]