Lease of Unfurnished House with Move In and Move Out Inspection
Report and Military Clause
Agreement made on the ___________________ (date) , between
_________________________ (Name of Lessor) of ___________________________
____________________________________________ (street address, city, state,
zip code) , referred to herein as Lessor , and ___________________ (Name of Lessee)
of ____________________________________________________________________
_________ (street address, city, state, zip code) , referred to herein as 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. Lease of Premises
Lessor hereby leases to Lessee the house and lot situated at _______________
________________________________________________________ (street address,
city, county, state, zip code) , hereinafter referred to as the Premises , and more
particularly described as follows:
(Insert Legal Description)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Together with all appurtenances, for a term of ______ (number) months, to commence
on _________________ (date) , and to end on _______________ (date) , at ________
(time of day) .
2. Amount of Rent
Lessee agrees to pay, without demand, to Lessor as rent for the Premises
_________________ ( dollar amount) per month in advance on the _____ day of each
calendar month beginning on __________________ (date) . Said payments are to be
made at _______________________________________________________________
__________ (street address, city, state, zip code) , or at such other place as Lessor
may designate to Lessee in writing.
3. Security Deposit
Lessee has deposited with Lessor $__________, as security for the performance
by Lessee of the terms of this Lease. Lessor may use any part of the security deposit to
satisfy any default of Lessee and any expenses arising from a default or damages to the
Premises as provided herein. After the Lessor and Lessee complete the Move Out
Inspection Report set forth in Schedule B and incorporated herein by reference, and if
Lessee has fully complied with the terms of this Lease , Lessee shall return the security
deposit (less any damage payments as required herein) , without interest , to Lessee
after the date fixed as the end of this Lease.
4. Quiet Enjoyment
Lessor covenants that on paying the rent and performing the covenants
contained in this Lease 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 Premises , and the sidewalks connected
to the Premises , during the term of this Lease.
6. Number of Occupants
Lessee agrees that the Premises shall be occupied by no more than _______
(number) persons, consisting of ______ (number) adults and ______ (number)
children under the age of ______ (number) 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, at the time of this Lease , said Premises , are 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. Lessee shall maintain all utility services, including water, gas,
electricity, phone, and garbage collection, in Lessee's name and shall pay promptly all
charges due on the services during the term. If Lessee fails to transfer utilities to
Lessee's name or fails to make timely payment for the services, Lessor reserves the
right to apply the security deposit to these accounts, or to have service discontinued.
Lessor reserves, subject to applicable law, the right to withhold refund of the security
deposit after termination of this Lease, pending final payment by Lessee of all utility
charges accrued during the term of the Lease .
13. Maintenance and Repair
Lessee, after inspecting the Premises , has completed the attached Schedule A
Move In Inspection Report, incorporated into this Lease by this reference. Lessee
agrees to maintain the Premises in as good condition as Lessee finds the Premises ,
reasonable wear and tear excepted, and agrees to pay for all maintenance and repairs
to put the Premises in the same condition as when Lessee entered; and to keep the
lawn mowed, clean and free of debris and refuse, and in a presentable condition at all
times. 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 ( i.e.,
with an estimated cost of $__________ or more) 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 .
14. General Liability, Indemnification and Insurance
Lessee assumes all risks and responsibilities for accidents, injuries, and death to
persons or property occurring in, on, or about the Premises . Lessee agrees to
indemnify and hold harmless Lessor and Lessor's agents, successors, and assigns from
any and all claims, liabilities, losses, costs, and expenses, including attorney's fees,
arising from, or in connection with, the condition, use, or control of the Premises ,
including the improvements on the Premises, no matter how caused, and for any act
done by Lessee , or any agent, invitee, or licensee of Lessee, or any other party, except
in the case of Lessor's failure to perform, or negligent performance of, a duty imposed
by law. Lessee shall, at Lessee's sole cost and expense, maintain general public liability
insurance against claims for personal injury, death, or property damage on, in, or about
the Premises and on, in, or about the adjoining lands, streets, and passageways; the
insurance to afford protection of not less than $_____________ combined single limit
for bodily injury, including death, and property damage. The policy of comprehensive
general public liability insurance shall name Lessor as an additional insured party, shall
provide that it shall not be cancelable without at least _____ (number) days' prior
written notice to Lessor, and shall be issued by an insurer and in a form satisfactory to
Lessor. Lessor shall have the right to require Lessee to obtain additional insurance
coverage, in form and amounts determined by Lessor , deemed necessary by Lessor to
provide adequate insurance coverage for the Premises based on the location and type
of property covered and its use . Lessor further reserves the right to obtain additional
insurance coverage, at his own expense, in form and amounts considered prudent by
Lessor with respect to similar types of property.
15. Animals
Lessee shall keep no domestic or other animals on or about the Demised
Premises without the prior, express, and written consent of Lessor. Lessee is granted
consent to have one approved pet (under ______ lbs. in weight at maturity) in the
Premises which is the subject of the Lease and pursuant to the following terms and
conditions:
A. Description of pet:_______________________________________
B. A photograph of the pet shall be provided by Lessee and shall be held on
file by Lessor , or, alternatively, the pet shall be presented physically to Lessor for
approval.
C. The pet shall not be allowed off of the Premises unless in custody of
Lessee and on a leash, in a box, caged or otherwise under physical restraint.
D. Lessee shall at Lessee 's sole cost repair any and all damage caused by
the pet to the building, grounds, flooring, trim, finish, tiles, carpeting, and other
appurtenances. If damage in the nature of stains or by chemicals required to
remove stains is such that the damaged item cannot be restored to its original
condition, Lessee shall pay the full cost and expense of replacing such item.
E. If in the opinion of Lessor the pet has become objectionable by reason of
noises, barking, damage to building, or any other matter, Lessor may in Lessor's
discretion any time require Lessee to dispose of the pet or board the pet out for
the balance of the Term of the Lease .
F. A default by Lessee in any of the terms and conditions provided for in this
Section shall be deemed a default under the Lease and shall entitle Lessor to
exercise any and all legal and contractual remedies available, including but not
limited to application of the security deposit and termination of occupancy.
G. Lessee shall pay a pet deposit of $______________, which is
nonrefundable.
16. Right of Inspection
Lessor and Lessor's agents 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 .
17. Display of Signs
During the last ______ (number) days of this Lease, Lessor or Lessor's agent
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.
18. 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.
19. 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 ______ (number) days'
written notice served by either Lessor or Lessee on the other party.
20. 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.
21. 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 re-enter the premises and remove all
persons from the Demised Premises. Lessee shall be given written notice of any default
or breach. Termination and forfeiture of the Lease shall not result if, within _______
(number) days of receipt of the notice, Lessee has corrected the default or breach or
has taken action reasonably likely to effect such correction within a reasonable time.
22. Termination of Lease
After vacating the Premises, Lessee shall pay for all utility services due and have
them discontinued, will see that the Premises are swept out and adequately cleaned,
remove all trash or other refuse from the Premises , lock all doors and windows, and
return any keys to Lessor . If Lessee remains in possession after the termination of this
Lease, by expiration or otherwise, without written permission of Lessor , no rights shall
be created in Lessee and rent shall be due for the period of the holding over at double
the rate specified as rent in this Lease .
23. Abandonment
If at any time during the term of this Lease, Lessee abandons 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.
24. No Waiver
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. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance
with the laws of the State of _____________.
26. Military Clause
In the event Lessee is a member of or subsequently enlists into, the Army, Navy,
Air Force, Marine Corps, Coast Guard or member of the National Guard under call to
active service authorized by the President of the United States or Secretary of Defense
for more than 30 consecutive days for purpose of responding to a national emergency,
declared by the President and supported by Federal funds and if Lessee subsequently
receives permanent change of station orders or temporary change of station orders for
90 days or more, including release from military service. Lessee may terminate the
Lease upon delivering written notice to the Lessor with proof of his assignment. Written
notice is effective upon personal delivery, delivery by private business carrier or by
placing the written notice in the mail, with return receipt requested. Termination will be
effective 30 days after the first date on which the next rental payment is due and
payable after the date on which the notice is delivered in the case of a month to month
tenancy. For any other tenancy, termination is effective on the last day of the month
following the month in which the notice is delivered. Lessee must pay rent through the
effective date of termination, on a prorated basis. Lessee is also responsible for the cost
of repairing damage to the Premises caused by the Lessee , if any. This clause also
applies to those persons who receive orders releasing them from military service. The
Lessor will refund the security deposit less deductions for unpaid rent and damages, if
any, within 30 days of the date of termination. These provisions apply as well to
dependents of Lessee s who are members of military service at the time a Lease is
signed or who subsequently enlists into the military service.
27. Notices
With the exception of the Notice required by Section 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.
28 . Mandatory Arbitration
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.
29. Entire Agreement
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.
30. Modification of Agreement
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.
31. Assignment of Rights
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.
32. Counterparts
This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute but one and
the same instrument.
33. 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.
___________________________ _____________________
(Printed Name of Lessor) (Printed Name of
Lessee) ___________________________
______________________
(Signature of Lessor) (Signature of Lessee)
SCHEDULE A
Move In Inspection Report
Condition of Premises
Notice to Lessee:
This checklist must be completed prior to moving into the Premises .
Beginning Condition Ending Condition
Living Room
Doors (including locks) ___________________ ________________
Carpet ___________________ _______________
Walls ___________________ _______________
Ceiling ___________________ ________________
Plugs and switches ___________________ ________________
Dining Room
Carpet ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Lights and switches ___________________ ________________
Entry
Door ___________________ ________________
Ceiling ___________________ ________________
Walls ___________________ ________________
Carpet/floor ___________________ ________________
Hallway
Carpet ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Switches and plugs ___________________ ________________
Hall Closet
Door ___________________ ________________
Ceiling ___________________ ________________
Shelves ___________________ ________________
Carpet/floor ___________________ ________________
Kitchen
Vinyl ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Lights and switches ___________________ ________________
Stove/oven ___________________ ________________
Refrigerator ___________________ ________________
Disposal ___________________ ________________
Sink ___________________ ________________
Cabinets ___________________ ________________
Countertop ___________________ ________________
Bedroom #1
Door ___________________ ________________
Windows ___________________ ________________
Screens ___________________ ________________
Carpet ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Lights and switches ___________________ ________________
Closet ___________________ ________________
Bedroom #2
Door ___________________ ________________
Windows ___________________ ________________
Screens ___________________ ________________
Carpet ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Lights and switches ___________________ ________________
Closet ___________________ ________________
Bathroom #1
Door ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Sink ___________________ ________________
Tub and shower ___________________ ________________
Toilet ___________________ ________________
Cabinet and shelves ___________________ ________________
Closet ___________________ ________________
Towel bars ___________________ ________________
Lights and switches ___________________ ________________
Bathroom #2
Door ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Sink ___________________ ________________
Tub and shower ___________________ ________________
Toilet ___________________ ________________
Cabinet and shelves ___________________ ________________
Closet ___________________ ________________
Towel bars ___________________ ________________
Lights and switches ___________________ ________________
Basement
Door ___________________ ________________
Furnace ___________________ ________________
General area ___________________ ________________
Stairway ___________________ ________________
Lights and switches ___________________ ________________
The above is a complete checklist of the condition of the Premises located at
______________________________________________________________________
(street address, city, state, zip code) , and was made was made on ______________
(date) .
WITNESS our signatures as of the __________________ (date) .
___________________________ _____________________
(Printed Name of Lessor) (Printed Name of
Lessee) ___________________________
______________________
(Signature of Lessor) (Signature of Lessee)
SCHEDULE B
Move Out Inspection Report
Condition of Premises
Notice to Lessee:
This checklist must be completed prior to moving out of the Premises .
Beginning Condition Ending Condition
Living Room
Doors (including locks) ___________________ ________________
Carpet ___________________ _______________
Walls ___________________ _______________
Ceiling ___________________ ________________
Plugs and switches ___________________ ________________
Dining Room
Carpet ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Lights and switches ___________________ ________________
Entry
Door ___________________ ________________
Ceiling ___________________ ________________
Walls ___________________ ________________
Carpet/floor ___________________ ________________
Hallway
Carpet ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Switches and plugs ___________________ ________________
Hall Closet
Door ___________________ ________________
Ceiling ___________________ ________________
Shelves ___________________ ________________
Carpet/floor ___________________ ________________
Kitchen
Vinyl ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Lights and switches ___________________ ________________
Stove/oven ___________________ ________________
Refrigerator ___________________ ________________
Disposal ___________________ ________________
Sink ___________________ ________________
Cabinets ___________________ ________________
Countertop ___________________ ________________
Bedroom #1
Door ___________________ ________________
Windows ___________________ ________________
Screens ___________________ ________________
Carpet ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Lights and switches ___________________ ________________
Closet ___________________ ________________
Bedroom #2
Door ___________________ ________________
Windows ___________________ ________________
Screens ___________________ ________________
Carpet ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Lights and switches ___________________ ________________
Closet ___________________ ________________
Bathroom #1
Door ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Sink ___________________ ________________
Tub and shower ___________________ ________________
Toilet ___________________ ________________
Cabinet and shelves ___________________ ________________
Closet ___________________ ________________
Towel bars ___________________ ________________
Lights and switches ___________________ ________________
Bathroom #2
Door ___________________ ________________
Walls ___________________ ________________
Ceiling ___________________ ________________
Sink ___________________ ________________
Tub and shower ___________________ ________________
Toilet ___________________ ________________
Cabinet and shelves ___________________ ________________
Closet ___________________ ________________
Towel bars ___________________ ________________
Lights and switches ___________________ ________________
Basement
Door ___________________ ________________
Furnace ___________________ ________________
General area ___________________ ________________
Stairway ___________________ ________________
Lights and switches ___________________ ________________
The above is a complete checklist of the condition of the Premises located at
______________________________________________________________________
(street address, city, state, zip code) , and was made was made on ______________
(date) .
WITNESS our signatures as of the __________________ (date) .
___________________________ _____________________
(Printed Name of Lessor) (Printed Name of
Lessee) ___________________________
_______________________
(Signature of Lessor) (Signature of Lessee)
