Duplex Lease Agreement

Duplex Rental Agreement

This Agreement is made this by and between

of , hereinafter called Lessor, and

, of hereinafter called Lessee.

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. The Lessor does hereby Lease to Lessee and Lessee does hereby Lease from Lessor, the following residential Premises, hereinafter called Premises:

of that certain building located at , and numbered (e.g., Apartment No.) .

2. Term and Rental

The term of this Lease shall be years, to commence on , and to end on , at .

Lessee agrees to pay, without demand, to Lessor as rent for the Premises $ per month in advance on the day of each calendar month beginning on , at , or at such other place as Lessor may designate.

3. Security Deposit

On execution of this Lease, Lessee shall deposit with Lessor $ , receipt of which is acknowledged by Lessor, as security for the faithful performance by Lessee of the terms of this Agreement, to be returned to Lessee, without interest, on the full and faithful performance by Lessee of the provisions of this Agreement.

4. Quiet Enjoyment

Lessor covenants that on paying the rent and performing the covenants contained in this Agreement, Lessee shall peacefully and quietly have, hold, and enjoy the Premises for the agreed term.

5. Use of Premises

The Premises shall be used and occupied by Lessee exclusively as a private single-family residence. Neither the Premises nor any part of the Premises shall be used at any time during the term of this Lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family residence. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised Premises, and the sidewalks connected to the demised Premises, during the term of this Lease.

6. Number of Occupants

Lessee agrees that the Premises shall be occupied by no more than persons, consisting of adults and children under the age of years, without the prior, express, and written consent of Lessor.

7. Condition of Premises

Lessee stipulates that he has examined the Premises, including the grounds and all buildings and improvements, and that they are, at the time of this Lease, in good order, good repair, safe, clean, and tenantable condition.

8. Assignment and Subletting

Without the prior, express, and written consent of Lessor, Lessee shall not assign this Lease, or sublet or grant any concession or license to use the Premises or any part of the Premises. A consent by Lessor to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this Lease.

9. Alterations and Improvements

Lessee shall make no alterations to the buildings on the Premises or construct any building or make other improvements on the Premises without the prior, express, and written consent of Lessor. All alterations, changes, and improvements built, constructed, or placed on the Premises by Lessee, with the exception of fixtures removable without damage to the Premises and movable personal property, shall, unless otherwise provided by written Agreement between Lessor and Lessee, be the property of Lessor and remain on the Premises at the expiration or earlier termination of this Lease.

10. Damage to Premises

If the Premises, or any part of the Premises, shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of Lessee's employee, family, agent, or visitor, the Premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the Premises may have been untenantable. However, if the Premises should be damaged other than by Lessee's negligence or willful act or that of Lessee's employee, family, agent, or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this Lease shall end and the rent shall be prorated up to the time of the damage.

11. Dangerous Materials

Lessee shall not keep or have on the Premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company.

12. Utilities

Lessee shall be responsible for arranging and paying for all utility services required on the Premises, except that water and garbage service shall be provided by Lessor.

13. Maintenance and Repair

Lessee will, at his sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Lease and any renewal of this Lease. In particular, Lessee shall keep the fixtures in the house or on or about the Premises in good order and repair; keep the furnace clean; and keep the walks free from dirt and debris. Lessee shall, at Lessee's sole expense, make all required repairs to the plumbing, range, heating apparatus, and electric and gas fixtures whenever damage to such items shall have resulted from Lessee's misuse, waste, or neglect or that of Lessee's employee, family, agent, or visitor.

Major maintenance and repair of the Premises (the cost of which exceed $ ) not due to Lessee's misuse, waste, or neglect or that of Lessee's employee, family, agent, or visitor, shall be the responsibility of Lessor. Lessee agrees that no signs shall be placed or painting done on or about the Premises by Lessee or at Lessee's direction without the prior, express and written consent of Lessor.

14. Animals

Lessee shall keep no domestic or other animals on or about the Premises without the prior, express, and written consent of Lessor.

15. Right of Inspection

Lessor shall have the right at all reasonable times during the term of this Lease and any renewal of this Lease to enter the Premises for the purpose of inspecting the Premises and all building and improvements on the Premises.

16. Display of Signs

During the last days of this Lease, Lessor shall have the privilege of displaying the usual For Sale or For Rent or Vacancy signs on the Premises and of showing the property to prospective purchasers or tenants.

17. Subordination of Lease

This Lease and Lessee's Leasehold interest under this Lease are and shall be subject, subordinate, and inferior to any liens or encumbrances now or later placed on the Premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances.

18. Holdover by Lessee

Should Lessee remain in possession of the Premises with the consent of Lessor after the natural expiration of this Lease, a new tenancy from month-to-month shall be created between Lessor and Lessee which shall be subject to all the terms and conditions of this Lease Agreement but shall be terminable on days' written notice served by either Lessor or Lessee on the other party.

19. Surrender of Premises

At the expiration of the Lease term, Lessee shall quit and surrender the Premises in as good a state and condition as they were at the commencement of this Lease, reasonable use, and wear and damages by the elements excepted.

20. Default

If any default is made in the payment of rent, or any part of the rent, at the times specified in this Lease, or if any default is made in the performance of or compliance with any other term or condition of this Lease, the Lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may reenter the Premises and remove all persons from the Premises. Lessee shall be given written notice of any default or breach. Termination and forfeiture of the Lease shall not result if, within days of receipt of the notice, Lessee has corrected the default or breach or has taken action reasonably likely to affect such correction within a reasonable time.

21. Abandonment

If at any time during the term of this Lease Lessee abandons the Premises or any part of the Premises, Lessor may, at his option, enter the Premises by any means without being liable for any prosecution for such entering, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at Lessor's discretion, as agent for Lessee, relet the Premises, or any part of the Premises, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for such period realized by Lessor by means of the reletting. If Lessor's right of reentry is exercised following abandonment of the Premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the Premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is relieved of all liability for doing so.

22. Attorneys’ Fees

If any action is filed in relation to this Lease Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the attorney's fees of the successful party.

23. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

24. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

25. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

26. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

27. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

28. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

29. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

30. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

31. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.