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Form NM-864-1LT
NEW MEXICO RESIDENTIAL LEASE AGREEMENT
MONTH TO MONTH
This Residential Lease Agreement (hereinafter “Lease”) is entered into this the ____ day of _____________________,
20____, by and between the Lessor: ______________________________________, (hereinafter referred to as “Landlord”),
and the Lessee(s): _____________________________________________________________________________________.
All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable
under, the terms and conditions of this Lease.
For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do
hereby covenant, contract and agree as follows:
1. GRANT OF LEASE: Landlord does hereby
lease unto Tenant, and Tenant does hereby rent from
Landlord, solely for use as a personal residence,
excluding all other uses, the personal residence
located in __________________ County, New
Mexico, with address of:
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
______________________________, including the
following items of personal property:
__________________________________________
__________________________________________
__________________________________________
__________________.
2. NATURE OF OCCUPANCY: As a special
consideration and inducement for the granting of
this Lease by the Landlord to the Tenant, the
personal residence described above shall be used
and occupied only by the members of the Tenant’s
family or others whose names and ages are set forth
below:
__________________________________________
______
__________________________________________
__________________________________________
__________________________________________
__________________.
3. TERM OF LEASE: This Lease shall
commence on the ____ day of
___________________, 20____, and extend from
month to month until:
a. Either Landlord or Tenant gives the other written
thirty (30) day Notice of Termination of Lease
Agreement. This Notice of Termination need not be
of any “cause”, but rather is solely “at the will” of
the party giving notice.
b. Either Landlord or Tenant gives the other a
written Notice of Default, wherein the noticed party
must either cure the breach (if cure is an option) or be terminated and vacate the premises on or before
the end of the notice period, the length of which
period will be dictated by the conditions of the
Lease or applicable law.
4. SECURITY DEPOSIT: Upon execution of
this Lease, Tenant shall deposit the sum (not to
exceed one month’s rent) of $___________ to be
held by Landlord as a security deposit for
reasonable cleaning of, and repair of damages to,
the premises upon the expiration or termination of
this Lease, or other reasonable damages resulting
from a default by Tenant. Tenant shall be liable to
Landlord for all damages to the leased premises
upon the termination of this Lease, ordinary wear
and tear excepted. Tenant is not entitled to interest
on the security deposit. Tenant may not apply the
security deposit to any rent due under this Lease. If
Landlord sells or assigns the leased premises,
Landlord shall have the right to transfer Tenant’s
security deposit to the new owner or assignee to
hold under this Lease, and upon so doing Landlord
shall be released from all liability to Tenant for
return of said security deposit.
In compliance with New Mexico Statutes § 47-8-18:
Upon termination of the residency, property or
money held by the owner as deposits may be applied
by the owner to the payment of rent and the amount
of damages which the owner has suffered by reason
of the resident's noncompliance with the Lease
agreement or § 47-8-22 NMS. No deposit shall be
retained to cover normal wear and tear. In the event
actual cause exists for retaining any portion of the
deposit, the owner shall provide the resident with an
itemized written list of the deductions from the
deposit and the balance of the deposit, if any, within
thirty days of the date of termination of the Lease
agreement or resident departure, whichever is later.
The owner is deemed to have complied with this
section by mailing the statement and any payment
required to the last known address of the resident.
Nothing in this section shall preclude the owner
from retaining portions of the deposit for
nonpayment of rent or utilities, repair work or other
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legitimate damages.
5. RENT PAYMENTS: Tenant agrees to pay rent
unto the Landlord during the term of this Lease in
equal monthly installments of $_____________,
said installment for each month being due and
payable on or before the 1st day of the month, the
first full rent payment under this Lease being due on
the 1st day of ____________________, 20____.
Tenant agrees that if rent is not paid in full on or
before the _____ day of the month, Tenant will pay
a late charge of $________ as allowed by applicable
New Mexico law.
The prorated rent from the commencement of this
Lease to the first day of the following month is
$____________, which amount shall be paid at the
execution of this Lease.
Tenant agrees that rent shall be paid in lawful
money of the United States by (indicate those that
apply):
[ ] cash, [ ] personal check, [ ] money order,
[ ] cashier’s check, [ ]
other___________________.
Rent payments shall be made payable to:
__________________________________________
______
and mailed or delivered to the following address:
__________________________________________
_____________________________. All notices
from Tenant to Landlord under this Lease and
applicable New Mexico law shall be delivered to the
above address.
Tenant agrees that rent monies will not be
considered paid until Landlord or Landlord’s agent
receives the rent monies, either by mail or by
delivery to the above address. Tenant placing rent
monies in the mail is not sufficient for rent to be
considered paid, and rent will be considered unpaid
until actual receipt thereof.
If there are multiple Tenants signed to this Lease, all
such Tenants are jointly, severally and individually
bound by, and liable under, the terms and conditions
of this Lease. A judgment entered against one
Tenant shall be no bar to an action against other
Tenants.
6. CONSEQUENCES OF BREACH BY
TENANT: If Tenant, by any act or omission, or by
the act or omission of any of Tenant’s family or
invitees, licensees, and/or guests, violates any of the
terms or conditions of this Lease or any other documents made a part hereof by reference or
attachment, Tenant shall be considered in breach of
this Lease (breach by one tenant shall be considered
breach by all tenants where Tenant is more than one
person).
In compliance with New Mexico Statutes § 47-8-34:
If there is noncompliance with New Mexico Statutes
§ 47-8-22 materially affecting health and safety, or
upon the initial material noncompliance by the
resident with the Lease agreement or any separate
agreement, the owner shall deliver a written
notice to the resident specifying the acts and
omissions constituting the breach, including the
dates and specific facts describing the nature of the
alleged breach, and stating that the Lease agreement
will terminate upon a date not less than (7) seven
days after receipt of the notice if the breach is not
remedied in seven days.
The initial notice provided for above shall state that
the Lease agreement will terminate upon the second
material noncompliance with the Lease agreement
or any separate agreement by the resident, within six
(6) months of the initial breach. To be effective, any
notice discussed herein shall be given within thirty
(30) days of the breach or knowledge thereof.
Upon the second material noncompliance with the
Lease agreement or any separate agreement by the
resident, within six (6) months of the initial breach,
the owner shall deliver a written notice to the
resident specifying the acts and omissions
constituting the breach, including the dates and
specific facts describing the nature of the alleged
breach, and stating that the Lease agreement shall
terminate upon a date not less than seven (7) days
after receipt of the notice. If the subsequent breach
occurs more than six (6) months after the initial
breach, it shall constitute an initial breach for
purposes of applying the provisions of this
paragraph.
If rent is unpaid when due and the resident fails to
pay rent within three (3) days after written notice
from the owner of nonpayment and his intention to
terminate the Lease agreement, the owner may
terminate the Lease agreement and the resident shall
immediately deliver possession of the dwelling unit;
provided that tender of the full amount due, in the
manner stated in the notice, prior to the expiration
of the three (3) day notice shall bar any action for
nonpayment of rent.
When the last day for remedying any breach
pursuant to written notice required above occurs on
a weekend or federal holiday, the period to remedy
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shall be extended until the next day that is not a
weekend or federal holiday.
If the resident knowingly commits or consents to
another person in the dwelling unit or on the
premises knowingly committing a substantial
violation , the owner shall deliver a written notice to
the resident specifying the time, place and nature of
the act constituting the substantial violation and that
the Lease agreement will terminate upon a date not
less than three (3) days after receipt of the notice. A
substantial violation is defined by statute as:
A violation of the Lease agreement or rules and
regulations by the resident or occurring with the
resident's consent that occurs in the dwelling unit,
on the premises or within three hundred feet of the
premises and that includes the following conduct,
which shall be the sole grounds for a substantial
violation:
(1) possession, use, sale, distribution or
manufacture of a controlled substance, excluding
misdemeanor possession and use;
(2) unlawful use of a deadly weapon;
(3) unlawful action causing serious physical harm
to another person;
(4) sexual assault or sexual molestation of another
person;
(5) entry into the dwelling unit or vehicle of another
person without that person's permission and with
intent to commit theft or assault;
(6) theft or attempted theft of the property of
another person by use or threatened use of force; or
(7) intentional or reckless damage to property in
excess of one thousand dollars ($1,000);
Tenant understands and specifically agrees, that
notwithstanding any of the above provisions
relating to the breach of the Lease, Landlord
may, without any cause whatsoever , terminate the
Lease by giving the Tenant a written thirty (30)
day Notice of Termination, whereby, on or before
the conclusion of the thirty (30) day period of
notice, Tenant must vacate the premises and
surrender same to Landlord.
7. DELIVERY OF NOTICES: Any giving of
notice under this Lease or applicable New Mexico
law shall be made by Tenant in writing and
delivered to the address noted above for the payment of rent, either by hand delivery or by mail.
Certified or registered mail is recommended.
Delivery by mail shall not be considered complete
until actual receipt by Landlord or Landlord’s agent.
Any notices from Landlord to Tenant shall be in
writing and shall be deemed sufficiently served
upon Tenant when deposited in the mail addressed
to the leased premises, or addressed to Tenant’s last
known post office address, or hand delivered, or
placed in Tenant’s mailbox. If Tenant is more than
one person, then notice to one shall be sufficient as
notice to all.
8. UTILITIES: Tenant will provide and pay for
the following utilities (indicate those that apply):
[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable
Television, [ ] Water, [ ] Garbage pick-up.
Landlord will provide and pay for the following
utilities (indicate those that apply):
[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable
Television, [ ] Water, [ ] Garbage pick-up.
Tenant shall be responsible for contacting and
arranging for any utility service not provided by the
Landlord, and for any utilities not listed above.
Tenant shall be responsible for having same utilities
disconnected on the day Tenant delivers the leased
premises back unto Landlord upon termination or
expiration of this Lease.
9. NOTICE OF INTENT TO SURRENDER:
Any other provision of this lease to the contrary
notwithstanding, at least thirty (30) days prior to the
normal expiration of the term of this Lease as noted
under the heading TERM OF LEASE above, Tenant
shall give written notice to Landlord of Tenant’s
intention to surrender the residence at the expiration
of the Lease term. If said written notice is not
timely given, the Tenant shall become a month-to-
month tenant as defined by applicable New Mexico
law, and all provisions of this Lease will remain in
full force and effect, unless this Lease is extended or
renewed for a specific term by written agreement of
Landlord and Tenant.
If Tenant becomes a month-to-month tenant in the
manner described above, Tenant must give a thirty
(30) day written notice to the Landlord of Tenant’s
intention to surrender the residence. At any time
during a month-to-month tenancy Landlord may
terminate the month-to-month Lease by serving
Tenant with a written notice of termination, or by
any other means allowed by applicable New Mexico
law. Upon termination, Tenant shall vacate the
premises and deliver same unto Landlord on or
before the expiration of the period of notice.
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10. OBLIGATIONS AND DUTIES OF
LANDLORD:
In compliance with New Mexico Statutes § 47-8-20,
Landlord shall:
(1) substantially comply with requirements of the
applicable minimum housing codes materially
affecting health and safety;
(2) make repairs and do whatever is necessary to put
and keep the premises in a safe condition as
provided by applicable law and rules and
regulations;
(3) keep common areas of the premises in a safe
condition;
(4) maintain in good and safe working order and
condition electrical, plumbing, sanitary, heating,
ventilating, air conditioning and other facilities
and appliances, including elevators, if any,
supplied or required to be supplied by him;
(5) provide and maintain appropriate receptacles and
conveniences for the removal of ashes, garbage,
rubbish and other waste incidental to the occupancy
of the dwelling unit and arrange for their removal
from the appropriate receptacle; and
(6) supply running water and a reasonable amount of
hot water at all times and reasonable heat, except
where the building that includes the dwelling unit is
not required by law to be equipped for that purpose
or the dwelling unit is so constructed that heat or hot
water is generated by an installation within the
exclusive control of the resident and supplied by a
direct public utility connection.
11. OBLIGATIONS AND DUTIES OF
TENANT:
In compliance with New Mexico Statutes § 47-8-22,
Tenant shall:
A. comply with obligations imposed upon residents
by applicable minimum standards of housing codes
materially affecting health or safety;
B. keep that part of the premises that he occupies
and uses as clean and safe as the condition of the
premises permit, and, upon termination of the
residency, place the dwelling unit in as clean
condition, excepting ordinary wear and tear, as
when residency commenced;
C. dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner;
D. keep all plumbing fixtures in the dwelling unit or
used by the resident as clean as their condition
permits;
E. use in a reasonable manner all electrical,
plumbing, sanitary, heating, ventilation, air
conditioning and other facilities and appliances
including elevators, if any, in the premises;
F. not deliberately or negligently destroy, deface,
damage, impair or remove any part of the premises
or knowingly permit any person to do so;
G. conduct himself and require other persons on the
premises with his consent to conduct themselves in
a manner that will not disturb his neighbors'
peaceful enjoyment of the premises;
H. abide by all bylaws, covenants, rules or
regulations of any applicable condominium
regime, cooperative housing agreement or
neighborhood association not inconsistent with
owner's rights or duties; and
I. not knowingly commit or consent to any other
person knowingly committing a substantial
violation.
Tenant agrees that any violation of these provisions
shall be considered a breach of this Lease.
12. NO ASSIGNMENT: Tenant expressly
agrees that the leased premises nor any portion
thereof shall not be assigned or sub-let by Tenant
without the prior written consent of Landlord.
13. TENANT INSURANCE: Landlord shall not
be liable to Tenant, Tenant’s family or Tenant’s
invitees, licensees, and/or guests for damages not
proximately caused by Landlord or Landlord’s
agents. Landlord will not compensate Tenant or
anyone else for damages proximately caused by any
other source whatsoever, or by Acts of God, and
Tenant is therefore strongly encouraged to
independently purchase insurance to protect Tenant,
Tenant’s family, Tenant’s invitees, licensees, and/or
guests, and all personal property on the leased
premises and/or in any common areas from any and
all damages.
14. CONDITION OF LEASED PREMISES:
Tenant hereby acknowledges that Tenant has
examined the leased premises prior to the signing of
this Lease, or knowingly waived said examination.
Tenant acknowledges that Tenant has not relied on
any representations made by Landlord or Landlord’s
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Form NM-864-1LT
agents regarding the condition of the leased
premises and that Tenant takes premises in its AS-IS
condition with no express or implied warranties or
representations beyond those contained herein or
required by applicable New Mexico law. Tenant
agrees not to damage the premises through any act
or omission, and to be responsible for any damages
sustained through the acts or omissions of Tenant,
Tenant’s family or Tenant’s invitees, licensees,
and/or guests. If such damages are incurred, Tenant
is required to pay for any resulting repairs at the
same time and in addition to the next month’s rent
payment, with consequences for non-payment
identical to those for non-payment of rent described
herein. At the expiration or termination of the
Lease, Tenant shall return the leased premises in as
good condition as when taken by Tenant at the
commencement of the lease, with only normal wear-
and-tear excepted. Tenant shall have the right to
remove from the premises Tenant’s fixtures placed
thereon by Tenant at his expense, provided,
however, that Tenant in effecting removal, shall
restore the leased premises to as good, safe, sound,
orderly and sightly condition as before the addition
of Tenant’s fixture. Failing this, Tenant shall be
obligated to pay for repairs as stated above.
15. ALTERATIONS: Tenant shall make no
alterations, decorations, additions, or improvements
to the leased premises without first obtaining the
express written consent of Landlord. Any of the
above-described work shall become part of the
dwelling. If carried out by independent contractors,
said contractors must be approved by Landlord.
Tenant shall not contract for work to be done
without first placing monies sufficient to satisfy the
contract price in an escrow account approved by
Landlord. All work shall be done at such times and
in such manner as Landlord may designate. If a
construction or mechanic’s lien is placed on the
leased premises as a result of the work, such shall be
satisfied by Tenant within ten (10) days thereafter at
Tenant’s sole expense. Tenant shall be considered
in breach of this Lease upon failure to satisfy said
lien.
16. NO ILLEGAL USE: Tenant shall not
perpetrate, allow or suffer any acts or omissions
contrary to law or ordinance to be carried out upon
the leased premises or in any common area. Upon
obtaining actual knowledge of any illegal acts or
omissions upon the leased premises, Tenant agrees
to immediately inform Landlord and the appropriate
authorities. Tenant shall bear responsibility for any
and all illegal acts or omissions upon the leased
premises and shall be considered in breach of this
Lease upon conviction of Tenant or any of Tenant’s
family or invitees, licensees, and/or guests for any illegal act or omission upon the leased premises-
whether known or unknown to Tenant.
17. NOTICE OF INJURIES: In the event of
any significant injury or damage to Tenant, Tenant’s
family, or Tenant’s invitees, licensees, and/or
guests, or any personal property, suffered in the
leased premises or in any common area, written
notice of same shall be provided by Tenant to
Landlord at the address designated for delivery of
notices (identical to address for payment of rent) as
soon as possible but not later than five (5) days after
said injury or damage. Failure to provide such
notice shall constitute a breach of this Lease.
18. LANDLORD’S RIGHT TO
MORTGAGE: Tenant agrees to accept the
premises subject to and subordinate to any existing
or future mortgage or other lien, and Landlord
reserves the right to subject premises to same.
Tenant agrees to and hereby irrevocably grants
Landlord power of attorney for Tenant for the sole
purpose of executing and delivering in the name of
the Tenant any document(s) related to the
Landlord’s right to subject the premises to a
mortgage or other lien.
19. DELAY IN REPAIRS: Tenant agrees that
if any repairs to be made by Landlord are delayed
by reasons beyond Landlords control, there shall be
no effect on the obligations of Tenant under this
Lease.
20. ABANDONMENT: Abandonment shall
be defined as the absence of the Tenant from the
leased premises for a period of seven (7) or more
consecutive days while rent or any owing monies
remain unpaid- whereupon Tenant will be
considered in breach of this Lease. This definition
is subordinate to, and shall not in any way impair,
the rights and remedies of Landlord under this Lease
or applicable New Mexico law, except that in case
of abandonment, Landlord or Landlord’s agents may
immediately or any time thereafter enter and re-take
the leased premises as provided by applicable New
Mexico law, and terminate this Lease without notice
to Tenant.
21. NOTICE OF ABSENCE FROM PREMISES:
If Tenant is to be absent from the leased premises
for seven (7) or more consecutive days, written
notice of such should be served upon Landlord. If
such absences are to be customary or frequent, the
expected frequency and duration of absence should
be summarily noted here:
__________________________________________
____
__________________________________________
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__________________________________________
____________
Tenant expressly agrees and understands that
absence from the premises, with or without notice,
in no way obviates the requirement to pay rent and
other monies as stated herein, or the consequences
of failure to timely pay same.
22. POSSESSION OF PREMISES: Tenant shall
not be entitled to possession of the premises
designated for lease until the security deposit and
first month’s rent (or prorated portion thereof), less
any applicable promotional discount, is paid in full
and the premises designated for lease is vacated by
the prior tenant.
23. DELAY OF POSSESSION: Tenant expressly
agrees that if by reason of the premises being
unready for occupancy, or by reason of the previous
tenant or occupant of the dwelling holding over, or
as a result of any other cause whatsoever, Tenant is
unable to enter and occupy the premises, Landlord
shall not be liable to Tenant in damages, but shall
abate the rent for the period in which the Tenant is
unable to occupy the premises.
24. MATERIALITY OF APPLICATION TO
RENT: All representations made by Tenant(s) on
the Application to Rent (or like-titled document) are
material to the grant of this Lease, and the Lease is
granted only on condition of the truthfulness and
accuracy of said representations. If a failure to
disclose or lack of truthfulness is discovered on said
Application, Landlord may deem Tenant to be in
breach of this Lease.
25. MODIFICATION OF THIS LEASE: Any
modification of this lease shall not be binding upon
Landlord unless in writing and signed by Landlord
or Landlord’s authorized agent. No oral
representation shall be effective to modify this
Lease. If, as per the terms of this paragraph, any
provision of this lease is newly added, modified, or
stricken out, the remainder of this Lease shall
remain in full force and effect.
26. REMEDIES NOT EXCLUSIVE: The
remedies and rights contained in and conveyed by
this Lease are cumulative, and are not exclusive of
other rights, remedies and benefits allowed by
applicable New Mexico law.
27. SEVERABILITY: If any provision
herein, or any portion thereof, is rendered invalid by
operation of law, judgment, or court order, the
remaining provisions and/or portions of provisions
shall remain valid and enforceable and shall be
construed to so remain. 28. NO WAIVER: The failure of Landlord to
insist upon the strict performance of the terms,
covenants, and agreements herein shall not be
construed as a waiver or relinquishment of
Landlord's right thereafter to enforce any such term,
covenant, or condition, but the same shall continue
in full force and effect. No act or omission of
Landlord shall be considered a waiver of any of the
terms or conditions of this Lease, nor excuse any
conduct contrary to the terms and conditions of this
Lease, nor be considered to create a pattern of
conduct between the Landlord and Tenant upon
which Tenant may rely upon if contrary to the terms
and conditions of this Lease.
29. ATTORNEY FEES: Per New Mexico
Statutes § 47-8-48 (A), if suit is brought by any
party to the rental agreement to enforce the terms
and conditions of the rental agreement or to enforce
any provisions of the Uniform Owner-Resident
Relations Act, the prevailing party shall be entitled
to reasonable attorneys' fees and court costs to be
assessed by the court.
30. HEIRS AND ASSIGNS: It is agreed and
understood that all covenants of this lease shall
succeed to and be binding upon the respective heirs,
executors, administrators, successors and, except as
provided herein, assigns of the parties hereto, but
nothing contained herein shall be construed so as to
allow the Tenant to transfer or assign this lease in
violation of any term hereof.
31. DESTRUCTION OF PREMISES: In the
event the leased premises shall be destroyed or
rendered totally untenable by fire, windstorm, or
any other cause beyond the control of Landlord,
then this Lease shall cease and terminate as of the
date of such destruction, and the rent shall then be
accounted for between Landlord and Tenant up to
the time of such damage or destruction of said
premises as if being prorated as of that date. In the
event the leased premises are damaged by fire,
windstorm or other cause beyond the control of
Landlord so as to render the same partially
untenable, but repairable within a reasonable time,
then this lease shall remain in force and effect and
the Landlord shall, within said reasonable time,
restore said premises to substantially the condition
the premises were in prior to said damage, and there
shall be an abatement in rent in proportion to the
relationship the damaged portion of the leased
premises bears to the whole of said premises.
32. EMINENT DOMAIN: In the event that
the leased premises shall be taken by eminent
domain, the rent shall be prorated to the date of
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taking and this Lease shall terminate on that date.
33. LANDLORD ENTRY: In addition to the
rights provided by applicable New Mexico law,
Landlord shall have the right to enter the leased
premises at all reasonable times for the purpose of
inspecting the same and/or showing the same to
prospective tenants or purchasers, and to make such
reasonable repairs and alterations as may be deemed
necessary by Landlord for the preservation of the
leased premises or the building and to remove any
alterations, additions, fixtures, and any other objects
which may be affixed or erected in violation of the
terms of this Lease. Landlord shall give reasonable
notice of intent to enter premises except in the case
of an emergency.
34. GOVERNING LAW: This Lease is governed
by the statutory and case law of the State of New
Mexico.
35. 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. LEASEES MUST ALSO
RECEIVE 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 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. ”
36. ADDITIONAL PROVISIONS:
_________________________________________ __________________________________________
_____________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
____________________________________
***********************
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WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:
LANDLORD
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
THIS IS A SEPARATE INSTRUCTION PAGE REGARDING LEAD-BASED PAINT DISCLOSURE
THIS PAGE IS NOT PART OF THE LEASE. IT IS PROVIDED BY USLF TO AID THE
LANDLORD IN COMPLYING WITH FEDERAL LEAD-BASED PAINT DISCLOSURE
LAW, FOR DWELLING UNITS BUILT PRIOR TO 1978.
IMPORTANT!!! NOTES CONCERNING LEAD-PAINT DISCLOSURE REQUIREMENTS
Introduction: If the rental dwelling unit was constructed PRIOR TO 1978, federal law REQUIRES a Lead-
Based Paint Disclosure Form to be attached to the lease, completed and signed by the lessor/landlord and
lessee/tenant. If the rental dwelling was constructed in 1978 or later, this form is not required. If in doubt about
the timing of construction, use the disclosure form. Whenever the form is used, the landlord must also give the
tenant the EPA lead-based paint pamphlet discussed below. Landlords must retain a copy of the signed
disclosure form for no less than three years from the date the lease begins.
Background: To protect families from exposure to lead from paint, dust, and soil, Congress passed the
Residential Lead-Based Paint Hazard Reduction Act of 1992. HUD and EPA require the disclosure of known
information on lead-based paint and related hazards before the lease of most housing built before 1978.
Requirements: Before the lease is signed and agreed to, landlords must fully comply with lead-paint disclosure
law. Compliance is accomplished by:
(1) Fully completing and delivering to the tenants, as an attachment to the lease, the LEAD-BASED PAINT
DISCLOSURE form (the lessees/renters also initial and sign this form), and
(2) Giving the tenants the EPA pamphlet entitled "Protect Your Family From Lead In Your Home." (See the
download link for the pamphlet, below.)
Purchase the Disclosure Form: If you need to purchase a Lead-Based Paint Disclosure Form, you can easily
do so using USLF. http://www.uslegalforms.com/lead-paint-disclosure-forms.htm Click this link (or copy it
into the address window of you internet browser) and select your state. Two forms will be accessed. You want
the “LEAD2” form, for rental transactions ( not the “LEAD1” form for sales). Click the “Information and
Preview” link for more info on the form, and then order the form.
The Free EPA Pamphlet: The landlord must give the tenants the EPA-approved information pamphlet on
identifying and controlling lead-based paint hazards entitled "Protect Your Family From Lead In Your Home."
You may obtain and print this pamphlet free by clicking the following download link (or copying the link into
the address window of your internet browser):
http://www.epa.gov/lead/pubs/leadpdfe.pdf
The form is in .pdf format and you will need the free Adobe Acrobat Reader to view the form. In the unlikely
circumstance that the Adobe Acrobat Reader is not installed on your computer, you can download it free from
http://www.adobe.com/products/acrobat/readstep2.html . The download is quick and easy.
~ Thank you for using USLF ~
Thank you for downloading our
Residential Lease Agreement
For Landlords who already have a Lease Agreement form, our database also offers
our Supplemental Lease Forms Package for your state – without the Lease – to
ensure you have all the forms necessary to complete your transaction.
The Supplemental Lease Forms Package contains the following state-specific
forms:
1. Residential Lease Application
2. Consent to Background and Reference Check
3. Salary Verification for Potential Lease or Loan
4. Lead Based Paint Disclosure (Rental)
5. Inventory and Condition of Leased Premises: Pre-Lease
6. Inventory and Condition of Leased Premises: Post-Lease
7. Tenant Welcome Letter
8. Warning Notice for Failure to Pay Rent
9. Notice to Pay Rent or Lease Terminates (Residence)
10. Landlord Tenant Closing Statement
Save time, money and hassle by having these forms at your fingertips.
