Montgomery County Rental Application Form

Residential Lease
Montgomery County, Maryland

THIS LEASE, is made by and between , as Agent for Landlord or "Landlord/Agent") and (hereinafter referred to as "Landlord") and (hereinafter referred to as "Tenant").

(the "Lease"), WITNESSETH, that the Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord, premises known as (the Premises) for the term of beginning on the first day of and ending on the last day of .

Mail Box Number Reserved Parking Space Number(s)/Location

GENERAL PROVISIONS:

1. RENT:

Tenant covenants and agrees to pay rent in equal monthly installments of $ in advance on the first day of each and every month ("Rent Due Date") of said term. The total rent for the term of the Lease is $ .

Tenant agrees to pay said rent to (or at such other place as Landlord/Agent may from time to time designate) without diminution, deductions or demand and said obligation to pay rent is independent of any other clause herein.

Check if the Takoma Park Rent Escalation Clause provided in the Special Provisions for Takoma Park is applicable to the Premises.

2. TENANT LIABILITY: Each Tenant is jointly and severally liable to Landlord/Agent for full performance under each and every covenant and condition of this Lease Agreement and for compliance with the applicable law.

3. PRO RATA: It is additionally understood and agreed that Tenant is to commence occupancy of the premises on . On the sum of $ shall be due as "pro rata" rent for the period through .

4. ADDITIONAL CHARGES: Landlord/Agent may require that all rental payments be made by money order, cashier's check and/or certified check. Tenant agrees that if rent is not paid by the first day of the month, late charges may apply.

5. SECURITY DEPOSIT: In accordance with the Annotated Code of Maryland, Real Property Article, Tenant has deposited with the Landlord/Agent the sum of $ , receipt of which is hereby acknowledged.

6. POSSESSION: If on the date of this Lease Landlord is unable to deliver possession of the premises on or before the commencement of the Term of the Lease, Tenant's right of possession hereunder is postponed until possession of the premises is delivered.

7. USES/AUTHORIZED OCCUPANTS: The premises will be used solely for residential purposes and be occupied by no more than persons, including children.

8. COMMON OWNERSHIP COMMUNITY RULES AND REGULATIONS: Tenant, Tenant's family, guests and employees must abide by all rules and regulations and all notices governing the property now or hereafter in effect.

9. PETS: Tenant shall not keep or allow pet(s) on premises except as follows or with the subsequent written consent of Landlord/Agent.

Yes No # ALLOWED TYPE OF PET(S) WEIGHT

10. MAINTENANCE:

Tenant must generally maintain the rental dwelling and other appurtenances such as garage or shed, if any, in a clean, sanitary and safe condition.

11. UTILITIES: Tenant must pay all applicable, individually metered gas, electric or water utility charges.

12. HEATING OIL: Fuel Oil tank will be filled or measured prior to Tenant occupancy, it will then become Tenant's responsibility to leave fuel in tank filled or have it measured upon termination of occupancy.

Tenant agrees to purchase heating oil from Phone .

13. SMOKE DETECTORS: Smoke detectors have been installed and are in proper working condition; Tenant agrees to check and maintain them.

14. ALTERATIONS: Tenant shall not remodel or make any structural changes, alterations or additions to the premises without prior written permission.

15. VEHICLE PARKING: No unlicensed or inoperable motor vehicles shall be parked on the property.

16. SUBLET/ASSIGNMENT: Tenant must not assign this Lease or sublet the premises without written consent of the Landlord/Agent.

17. INSURANCE: Landlord's insurance policy does not provide tenant coverage for personal belongings or public liability.

18. HOLD HARMLESS: Tenant must indemnify and save Landlord/Agent harmless from any loss, claim or damage.

19. LANDLORD/AGENT ACCESS TO PROPERTY:

A. Routine Entry: Landlord/Agent may enter the premises after giving due notice.

B. Emergency Entry: Landlord/Agent may enter immediately without notice in an emergency situation.

C. Entry to Perform Requested Repairs: Any request for service from Tenant is construed to mean permission to enter.

D. Entry for Governmental Agency Inspection: Landlord/Agent may enter after due notice.

E. Entry for Good Cause: Landlord/Agent may enter after due notice where good cause exists.

F. Entry for Showing Property: During the last days of the term, Landlord/Agent may show the premises.

20. DEFAULT: In the event of any default, Landlord/Agent may terminate this Lease by giving the Tenant written notice.

21. COURT AWARDED LEGAL FEES: In an action by the Landlord to recover possession of the leased premises, the Tenant may be liable for court costs and attorney fees.

22. RETALIATORY EVICTION: Tenant shall not be evicted for complaints made in good faith.

23. WAIVER CLAUSE: Any waiver of a default hereunder is not to be deemed a waiver of this Agreement or any subsequent default.

24. TERMINATION/HOLD-OVER (Except Takoma Park):

A. Either Landlord/Agent or Tenant may terminate this Lease by giving the other two (2) calendar months' written notice prior to expiration of the term.

B. If Tenant shall hold over after expiration, the Tenant shall be a month-to-month tenant.

C. Failure to vacate may result in Tenant being held accountable for rent and damages. This lease shall serve as notice of a rent increase of % of the last rent charged if Tenant holds over after proper notice.

25. MOVE-OUT INSPECTION/SURRENDER OF PREMISES: Tenant shall surrender the premises in broom-clean condition.

26. ABANDONED PERSONAL PROPERTY: Any personal property left on the premises after termination shall be considered abandoned.

27. DESTRUCTION: If the premises are rendered totally unfit for occupancy by fire or other casualty, the term of this Lease shall immediately cease.

28. SUBORDINATION: This Lease is and will be subject and subordinate at all times to the lien of any mortgage(s) or deed(s) of trust.

29. ESTOPPEL CERTIFICATE: Tenant will, at any time and from time to time, upon request, execute and deliver a statement in writing.

30. AGENCY: The Owner recognizes (Brokerage) as the Agent negotiating this Lease.

31. MANAGEMENT: These premises will be managed by (Owner) (Agent).

32. AUTHORIZATION TO INSTALL KEYBOX (Except Takoma Park): Tenant agrees that the Landlord/Agent may install a keybox during the last days of this Lease Agreement or any extension thereof.

33. CANCELLATION BY TENANT IN INITIAL TERM:

A. Reasonable cause beyond tenant control: The initial term of this Lease may be terminated upon thirty (30) days written notice to Landlord/Agent due to involuntary change of employment, death of major wage earner, unemployment, or other reasonable cause beyond Tenant's control.

B. Reason within Tenant control: If Tenant elects to voluntarily terminate this Lease during the initial term, Tenant shall provide two (2) full months' written notice prior to the rent due date to quit and vacate.

34. MILITARY CLAUSE: In the event Tenant is a member of active service and receives permanent change of station orders, the Lease may be terminated upon notice.

35. RENT INCREASES:

A. Frequency and Amount: Rent may not be increased more than once per twelve (12) month period.

B. Notice: Two (2) months' written notice of a rent increase must be mailed to Tenant.

C. Each written rent increase notice must contain the following:

i. The amount of monthly rent immediately preceding the effective date of the proposed increase (old rent), the amount of monthly rent proposed immediately after the rent increase takes effect (new rent), and the percentage increase of monthly rent.

ii. The effective date of the proposed rent increase.

iii. The applicable rent increase guideline issued under section 29-53 of the Montgomery County Code.

iv. A notice that the tenant may ask the Department to review any rent increase that the tenant considers excessive.

36. NOTICES:

A. Pursuant to Section 8-210(a) Real Property Article of the Annotated Code of Maryland, for purposes of notices to the Landlord, the name of the Landlord or Landlord's Agent is , Landlord/Agent's address is , and Landlord/Agent's telephone number is .

B. Any written notice regarding any of the provisions of this Lease must be given by on behalf of all other Tenants to Landlord/Agent.

37. RECEIPTS: Landlord/Agent agrees to provide to the Tenant a written receipt for payments of rent if requested.

38. MISCELLANEOUS:

A. Tenant acknowledges that, if requested, Tenant did receive prior to this Lease execution a copy of the proposed form of Lease in writing.

B. If this Lease contains a Lease Option Agreement as defined in Section 8-208(b), the lease must state on its face: THIS IS NOT A CONTRACT TO BUY.

C. The conditions and agreements contained herein are binding on the parties.

D. Tenant acknowledges that the statements and representations made in the signed application for said premises are true.

E. This Lease contains the final and entire agreement between the parties.

F. It is understood and agreed by the parties hereto that if any part, term, or provision of this Lease is by the Courts held to be illegal or in conflict with any law, the remaining provisions are not affected.

G. Plural can be substituted for singular number in any place or places herein in which the context may require such substitution.

H. The paragraph headings appearing in this Lease have been inserted for convenience only.

I. If Tenant is inadvertently locked out, Tenant agrees to call a licensed locksmith to provide access to the property.

39. EMERGENCY NUMBER: In the event of an emergency affecting the health, safety, or welfare of the Tenant or any property thereof, the Tenant may contact the Landlord, or its agent, at any time by calling the following emergency number: .

40. LEAD PAINT: Housing built before 1978 may contain lead-based paint. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.

41. APPLICABLE SPECIAL PROVISIONS (check applicable):

Multi-family rental property in Montgomery County, #1225

Single-family rental property in Montgomery County, #1226

Condominiums & Cooperatives rental property in Montgomery County, #1227

Multi-family, single-family, condominium and cooperatives in the City of Rockville, #1228

Multi-family, single-family, condominium and cooperatives in the City of Gaithersburg, #1229

Multi-family, single-family, condominium and cooperatives in the City of Takoma Park, #1230

42. ADDITIONAL PROVISIONS: Further Provisions and Additions:

43. ADDENDUM ATTACHED: Yes No

IN WITNESS WHEREOF, the parties hereto agree to abide by all of the terms and conditions in this lease agreement.

Security Deposit Received: $ From On Date

First Month's Rent Received: $ From On Date

Pro-Rata Rent Received: $ From On Date

Guarantors: If box is checked, this Lease Agreement is subject to the signatures of the following individuals.

Name of Guarantor

Address of Guarantor

Name of Guarantor

Address of Guarantor

Name of Guarantor

Address of Guarantor