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Landlord and Tenant Agreement

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Buyer's Temporary Residential Lease

1. PARTIES: The parties to this Lease are (Landlord) and (Tenant).

2. LEASE: Landlord leases to Tenant the Property described in the Contract between Landlord as Seller and Tenant as Buyer dated and known as (address).

3. TERM: The term of this Lease commences on and terminates as specified in Paragraph 18, but in no event shall this lease extend beyond the day of 20 .

4. RENTAL: Rental will be $ per day. Upon commencement of this Lease, Tenant shall pay to Landlord the full amount of rental of $ for the anticipated term of the Lease which lasts until the anticipated closing date of the contract between Lessor and Lessee for the purchase of the property. If the actual term of this Lease differs from the anticipated term, rent will be prorated and paid at closing through the actual closing date. No portion of the rental will be applied to payment of any items covered by the Contract.

5. SECURITY DEPOSIT: Tenant has paid to Landlord $ as a deposit to secure performance of this Lease by Tenant. If this Lease is terminated before the closing, Landlord may use the deposit to satisfy Tenant's obligations under this Lease. Landlord shall refund to Tenant any unused portion of the deposit together with an itemized list of all deductions from the deposit within 30 days after Tenant (a) surrenders possession of the Property and (b) provides Landlord written notice of Tenant's forwarding address. If this Lease is terminated by the closing of the sale of the Property, the unused portion of the deposit will be refunded to Tenant at closing, together with an itemized list of all deductions from the deposit. NOTICE: The security deposit must be in addition to the earnest money under the Contract.

6. UTILITIES: Tenant shall pay all utility connections, deposits and charges except which Landlord shall pay.

7. USE OF PROPERTY: Tenant may use the Property only for single family dwelling purposes. Tenant may not assign this Lease or sublet any part of the Property.

8. PETS: Tenant may not keep pets on the Property except .

9. CONDITION OF PROPERTY: Tenant accepts the Property in its present condition and state of repair, but Landlord shall make all repairs and improvements required by the Contract of Purchase. If this Lease is terminated prior to closing, Tenant shall surrender possession of the Property to Landlord in its present condition, as improved by Landlord, except normal wear and tear and any casualty loss.

10. ALTERATIONS: Tenant may not: (a) make any holes or drive nails into the woodwork, floors, walls or ceilings (b) alter, paint or decorate the Property or (c) install improvements or fixtures without the prior written consent of Landlord. Any improvements or fixtures placed on the Property during the Lease become a part of the Property.

11. SPECIAL PROVISIONS:

12. INSPECTIONS: Landlord may enter at reasonable times to inspect, replace, repair or complete the improvements.

13. LAWS: Tenant shall comply with all applicable laws, restrictions, ordinances, rules and regulations with respect to the Property.

14. REPAIRS AND MAINTENANCE: Tenant shall bear all expense of repairing and maintaining the Property, including but not limited to yard, trees and shrubs. Tenant shall promptly repair at Tenant's expense any damage to the Property caused directly or indirectly by any act or omission of the Tenant or any person other than Landlord, Landlord's agents or invitees.

15. INDEMNITY: Tenant indemnifies Landlord from the claims of all third parties for injury or damage to person or property of such third party arising from the use or occupancy of the Property by Tenant. This indemnification includes attorney's fees, costs and expenses incurred by Landlord.

16. INSURANCE: Landlord and Tenant shall each maintain such insurance on the contents and Property as each party may deem appropriate during the term of this Lease. NOTE: CONSULT YOUR INSURANCE AGENT PRIOR TO CLOSING. Possession of the Property by Buyer as Tenant may change insurance policy coverage.

17. DEFAULT: If Tenant fails to perform or observe any provision of this Lease and fails, within 24 hours after notice by Landlord, to commence and diligently pursue to remedy such failure, Tenant will be in default.

18. TERMINATION: This Lease terminates upon (a) closing of the sale under the Contract of Purchase, (b) termination of the Contract of Purchase prior to closing, (c) Tenant's default under this Lease, or (d) Tenant's default under the Contract of Purchase, or (d) the date specified in paragraph 3, whichever occurs first. Upon termination other than by closing of the sale, Tenant shall surrender possession of the Property.

19. HOLDING OVER: An possession by Tenant after termination creates a tenancy at sufferance and will not operate to renew or extend this Lease. Tenant shall pay $ per day during the period of any possession after termination as damages, in addition to any other remedies to which Landlord is entitled.

20. ATTORNEY'S FEES: The prevailing party in any legal proceeding brought under or with respect to the transaction described in this Lease is entitled to recover from the non- prevailing party all costs of such proceeding and reasonable attorney's fees.

21. SMOKE DETECTORS: Landlord may be required to install smoke detectors in certain locations within the Property at Landlord's expense. Tenant expressly waives Landlord's duty to inspect and repair smoke detectors.

22. SECURITY DEVICES: The requirements, if any, relating to security devices do not apply to this transaction and Tenant expressly waived same.

23. CONSULT YOUR ATTORNEY: This Lease is intended to be legally binding. READ IT CAREFULLY. If you do not understand the effect of this Lease, consult your attorney BEFORE signing.

24. NOTICES: All notices under this Lease from one party to the other must be in writing are effective when delivered or transmitted by facsimile machine as follows:

To Landlord:

Facsimile:( )

To Tenant:

Facsimile:( )

25. GOVERNING LAW: This agreement shall be governed by the laws of:

The state wherein the property lies, or

The state of

If neither box is checked, or if the second box is checked but the state name not filled in, the agreement shall be governed by the laws of the state wherein the property lies.

26. ENTIRE AGREEMENT: This agreement constitutes the entire agreement of the parties and shall not be modified except in writing signed by Tenant and Landlord.

27. CONSTRUCTION: As used in this agreement “Tenant” shall mean one or more persons, who execute this agreement and “Landlord” shall mean one or more persons who execute this agreement.

28. LEAD-BASED PAINT DISCLOSURE: HOUSING BUILT BEFORE 1978 MAY CONTAIN LEAD-BASED PAINT. LEAD FROM PAINT, PAINT CHIPS, AND DUST CAN POSE HEALTH HAZARDS IF NOT MANAGED PROPERLY. LEAD EXPOSURE IS ESPECIALLY HARMFUL TO YOUNG CHILDREN AND PREGNANT WOMEN. BEFORE RENTING PRE-1978 HOUSING, LESSORS MUST DISCLOSE THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE DWELLING. LEASES MUST ALSO RECEIVED A FEDERALLY APPROVED PAMPHLET ON LEAD POISONING PREVENTION.

Landlord states as follows: [Landlord check one]

The leased premises was constructed in 1978 or later.

The leased premises was constructed prior to 1978. Landlord has conformed with all federal requirements regarding lead-based paint disclosure including the completion and mutual signing with Tenant and any agents, of the Lead-Based Paint Disclosure Form (for Rentals) attached hereto and incorporated into this lease as a part hereof. All associated information required by the Disclosure form (if any) was furnished to Tenant, and Tenant received the EPA pamphlet “Protect Your Family from Lead in Your Home.”

EXECUTED the day of 20

Landlord

Tenant

Landlord

Tenant

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What the Landlord and Tenant Agreement Is

A Landlord and Tenant Agreement (lease) is a written contract that sets the legal rights and obligations between a property owner or manager and an occupant. Typical terms cover the property description, lease term, rent amount and due dates, security deposit, permitted uses, maintenance and repair responsibilities, utilities, default and termination procedures, and dispute resolution. Properly executed, a lease creates enforceable obligations and helps prevent misunderstandings. Electronic execution is generally accepted under federal and state e-signature laws such as ESIGN and UETA when parties demonstrate intent, consent, attribution, and record retention.

Why a Clear Written Lease Matters

A clear Landlord and Tenant Agreement reduces disputes, documents expectations for both parties, and preserves remedies for nonpayment or property damage. It also creates an evidence trail for collections, court proceedings, and tax reporting.

Why a Clear Written Lease Matters

Who Typically Prepares and Signs This Agreement

The agreement is used by a range of participants across property types and sizes.

  • Independent landlords managing one or a few rental units who need a concise, enforceable contract.
  • Property management firms and leasing agents who execute standardized leases at scale.
  • Tenants and guarantors who must accept terms, provide identification, and agree to payment obligations.

Parties should ensure the person signing has authority to bind the landlord or tenant, and any corporate signatory follows internal authorization rules.

Core Sections to Include in a Professional Lease

A professional Landlord and Tenant Agreement organizes essential obligations and remedies so both parties understand rights, costs, and timelines.

Premises

Clear street address and unit description; include parking and storage specifics to avoid later disputes.

Term

Start and end dates, renewal options, and early termination conditions with any notice periods stated precisely.

Rent

Amount, due date, acceptable payment methods, late fees, grace period, and returned-payment consequences.

Security Deposit

Deposit amount, permitted uses, interest (if any), and the timing and conditions for return.

Maintenance

Division of repair responsibilities, emergency procedures, and tenant obligations for cleanliness and minor upkeep.

Default & Remedies

Events of default, notice and cure periods, eviction process basics, and allocation of attorneys' fees when allowed.

Security, Compliance, and Recordkeeping Essentials

Encryption: TLS 1.2/1.3 in transit
At-Rest Protection: AES-256 encrypted storage
Audit Trail: Timestamp, IP, and action logs
Authentication: Email, SMS, or 2FA options
Regulatory Compliance: ESIGN and UETA alignment
BAA Availability: Business Associate Agreement when needed

Step-by-Step: Complete and Execute a Lease

Follow these practical steps to prepare, sign, and distribute a fully executed Landlord and Tenant Agreement.

  • 01
    Prepare Document: Populate core fields and attach exhibits such as move-in checklist.
  • 02
    Verify Parties: Confirm names, IDs, and authority to sign for corporate landlords.
  • 03
    Add Signatures: Collect signatures from landlord and tenant with dates and initials where required.
  • 04
    Distribute Copies: Provide executed copies to all parties and retain a secure master record.

Where the Completed Agreement Goes Next

After signing, route copies and retain records to maintain compliance and enable enforcement if necessary.

  • Owner/Manager Copy: Store an executed copy in the landlord's records.
  • Tenant Copy: Deliver signed copy to tenant for their records.
  • Accounting Records: Attach to rent ledgers and tax documents.
  • Legal Notices: Keep signed agreement available for eviction or court filings.

Typical Online Workflow Settings for Lease Execution

Configure your digital workflow to ensure correct routing, authentication, and retention.

Field Configuration
Signature Fields Assign landlord and tenant signature and date fields
Reminders Set automatic reminders for unsigned documents
Authentication Use email + optional SMS code for signer verification
Retention Policy Retain executed copies per company retention settings

Delivery Formats and Integration Considerations

Ensure the e-signature platform supports required file types, integrations, and authentication methods before sending leases.

  • File Formats: PDF and DOCX supported
  • Integrations: Works with Google Workspace and Microsoft 365
  • Advanced Auth: Supports SMS, 2FA, and SSO

Confirm integrations such as property management systems or cloud storage, and verify audit trail and export options to meet internal recordkeeping and legal needs.

Consequences of an Incorrect or Incomplete Lease

Unenforceable Terms: Courts may refuse to enforce ambiguous or unsigned provisions
Security Deposit Disputes: Improper accounting can trigger statutory penalties
Eviction Delays: Defective notices delay legal remedies
Tax Issues: Incorrect reporting affects income and withholding obligations
Data Breach Liability: Insufficient security can expose personal data
Invalid Signatures: Lack of intent or consent can void electronic signatures

Common Mistakes to Avoid When Preparing a Lease

  • Using informal or vague language for key obligations such as rent, repairs, or termination leads to disputes and litigation.
  • Failing to verify signatory authority for corporate landlords or guarantors may render the contract unenforceable against the entity.
  • Neglecting local statutory disclosures or habitability requirements can create statutory damages and delay eviction.
  • Relying on an incomplete audit trail when using electronic signatures makes it harder to prove consent and execution in court.

Practical Tips for Accurate and Efficient Lease Completion

Apply these best practices to reduce errors, speed execution, and preserve enforceability.

Use Full Legal Names
Record exact legal entity or individual names as shown on ID to ensure enforceability and correct tax reporting; avoid abbreviations.
Be Specific About Payments
Name acceptable payment methods, exact due dates, bank details if applicable, and clear late-fee rules to prevent disputes.
Document Move-In Condition
Include a signed move-in checklist and photos as exhibits to limit damage claims and support security deposit decisions.
Preserve the Audit Trail
Retain timestamps, signer IPs, and version history for electronically executed leases to support evidentiary needs.

Real-World Use Cases and Customer Examples

These examples show how organizations use signed agreements to streamline leasing and compliance workflows.

Martin Properties (Tim Martin)

Tim Martin needed a way to execute leases remotely to serve mobile staff and clients.

  • Implemented online signing for all standard leases.
  • He reports processing and executing documents online with full compliance and security, allowing faster move-ins and fewer in-person appointments.

Optica Ventures (Brian Fitzgibbons)

A small real estate operator required simple workflows for tenants and vendors.

  • Adopted templated agreements and remote signing.
  • The interface was easy for staff and customers, improving turnaround while keeping consistent recordkeeping for audits and tax reporting.

Selected eSignature Vendor Pricing and Feature Comparison

Comparison of starting prices and core capabilities for common eSignature vendors; signNow is listed first per vendor-format conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card required Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About Landlord and Tenant Agreements

Answers to common legal and practical questions about preparing, signing, and storing leases.


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