Ground Lease of Lot for Manufactured HomePage 1 of 6
Ground Lease of Lot for Manufactured Home
AGREEMENT made on the , between
(date)
presently of
(Name of Tenant)
, referred to herein as
(street address, city, county, state, zip code)
Tenant, and , of
(Name of Landlord)
, referred to
(street address, city, county, state, zip code)
herein as Landlord.
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. Landlord leases to Lessee and Lessee leases from Lessor, certain real property
situated at , on which a
(street address, city, county, state, zip code)
Manufactured Home is to be located, said real property and Manufactured Home being more
particularly described in Exhibit A attached to and made a part of this Agreement. As used in
this Agreement, the term Premises refers to the real property described in Exhibit A and not to
the Manufactured Home or any other improvements that do not constitute fixtures, located on the
real property from time to time during the term of this Agreement.
2. Term of Agreement. The period of this Lease shall be for a period of one year
beginning on the of , 20 , and ending on the day of
20 , provided, however, this Agreement shall be automatically renewed
for a term of one (1) year and shall expire at the end of said term unless Landlord serves notice
of termination without cause prior to the expiration of the one year period. If such notice is given
this Lease shall be considered a month-to-month tenancy upon the same terms as in the prior
Agreement until the tenancy is terminated. Tenant shall notify Landlord in writing one month
prior to the expiration of this Agreement of an intention not to renew.
3. Rental. Tenant agrees to pay as rental for the use of the Premises the sum of $
per month, the first payment to made on , and each subsequent payment to
(date)
be made in advance on the first day of each subsequent month. This Rental shall be payable at , or such other
(street address, city, county, state, zip code)
address as Landlord shall designate in writing. If the rent is not paid within days after
(number)
Ground Lease of Lot for Manufactured HomePage 2 of 6
due date, Tenant agrees to pay a late charge of $ . Tenant agrees further to pay
$ for each dishonored bank check due to insufficient funds in the Tenant's account
or for any other reason.
4. Use of Premises. The Premises shall be used only for the placement of a Manufactured
Home housing not more than persons. No storage shall be allowed on the Premises
\ (number)
outside or under the Manufactured Home, unless the Premises are attractively enclosed by
approved fencing or metal sheeting. Tenant will in every respect comply with the ordinances of
, and with the rules and orders of the Boards
(city, county, state)
of Health thereof, and with the orders and requirements of the police, sheriffs, and fire
departments thereof. Tenant will not use the Premises in any manner which may vitiate the
insurance or increase the rate of insurance on the Premises. No storage
5. Utilities. Landlord shall fully and promptly pay for all water, gas, heat, light, power,
telephone service, and other public utilities of every kind furnished to the Premises throughout
the term of this Agreement, and all other costs and expenses of every kind whatever of or in
connection with the use, operation, and maintenance of the Premises and all activities conducted
on the Premises, and Tenant shall have no responsibility of any kind for any such utilities.
6. Security Deposit. Tenant shall pay Landlord a security deposit of $ for Tenant's
faithful performance of Tenant's obligations under this Lease Agreement. If Tenant fails to pay
rent or other charges due under this Lease Agreement, or otherwise defaults with respect to any
provision of this Lease Agreement, Landlord may retain all or any part of the deposit to cure the
default or to compensate Landlord for all damage sustained resulting from Tenant's default. If
any part of the deposit is so applied, Tenant shall, upon demand, deposit cash with Landlord in
an amount sufficient to restore the security deposit to its original amount. Tenant's failure to do
so shall be a material breach of this Lease Agreement. Landlord may maintain the security
deposit separate from Landlord's general funds or may commingle the security deposit with
security deposits received from other tenants. Landlord shall be not be required to pay any
interest on the security deposit. If Tenant shall fully and faithfully perform all of its obligations
under this Lease Agreement, the security deposit or any balance of the security deposit shall be
returned to Tenant at the expiration of the term of this Lease Agreement or after Tenant has
vacated the Premises, whichever is later, provided that Landlord may retain the security deposit
until such time as any amount due from Tenant has been paid in full.
7. Duties of Tenant. In addition to those duties elsewhere stated herein, and those provided
by law, it shall be the duty of the Tenant:
A.To pay the rental amount at such times and in such amounts as provided for in this
Rental Agreement;
B. To comply with all obligations imposed upon Tenant by applicable provisions of
all municipal, county and state codes, statutes, ordinances and regulations;
Ground Lease of Lot for Manufactured HomePage 3 of 6
C.To keep the manufactured home lot which Tenant occupied and uses as clean and
sanitary as the conditions of the Premises permit; D. To properly dispose of all rubbish, garbage and other organic or flammable waste,
in a clean and sanitary manner at reasonable and regular intervals, and to assume all costs
of extermination and fumigation for infestation caused by Tenant on the Tenant's leased
Premises;
E. To not intentionally or negligently destroy, deface, damage, impair, or
remove any facilities, equipment, furniture, furnishings, fixtures, or appliances
provided by the Landlord, or permit any member of Tenant's family, invitee, or licensee;
F. To not permit a nuisance or common waste; and
G. In most instances, the landscaping around your home has been provided to
beautify your surroundings. It is the responsibility of the Tenant to maintain the beauty
of those surrounding, by either doing it themselves or hiring someone to keep up the
appearances. After three violations of the above rule, the office manager will hire
someone to clean up your surroundings and the Tenant will be responsible to pay the bill,
if the Tenant refuses to comply they will be in breach of this Agreement.
H. Manufactured Home must remain on wheels and not be permanently attached to
the Premises. No inoperable vehicles will be stored on the Premises.
8. Grounds for Termination by Landlord. The tenancy arising out of this Agreement may
be terminated by the Landlord during the term hereof for any one or more of the following
reasons:
A.Nonpayment of rent or other charges specified in the Rental Agreement, upon
days’ written notice to pay rent and/or other charges or to vacate.
(number)
B. Failure of the Tenant to comply with local ordinances and state laws and
regulations relating to manufactured homes or manufactured home living within a
reasonable time after the Tenant's receipt of notice of such noncompliance from the
appropriate governmental agency. The Tenant shall be given written notice of a
( number)
day period in which to vacate.
C.Without cause, effective months from the date the Landlord serves
(number)
notice of termination upon the Tenant, or at the end of the then current tenancy,
whichever is later: PROVIDED, that under such circumstances, at the expiration of this
Rental Agreement, the Tenant shall be considered a month-to- month Tenant upon the
same terms as in this Rental Agreement until the tenancy is terminated. FURTHER
PROVIDED, that if Landlord serves Tenant with notice of a rental increase at the same
time or subsequent to serving Tenant with notice of termination without cause, such
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rental increase shall not become effective until the date the Tenant is required to vacate
the leased premises pursuant to the notice of termination or months from the
(number)
date notice of rental increase is served, whichever is later.
9. Termination by Tenant. A.The Tenant may terminate this Rental Agreement upon days' written
(number)
notice whenever a change in the location of the Tenant's employment requires a change in
his residence, and shall not be liable for rental following such termination unless, after
due diligence and reasonable effort, the Landlord is not able to rent the space at a fair
rental, in which event the Tenant shall remain liable for the monthly rental specified
herein, or a portion thereof if the space is rented at a rental less than provided herein until
the end of the original term or the space is rented at the same rent as provided in this
Agreement.
B. Any Tenant who is a member of the Armed Forces may terminate this Rental
Agreement with less than days' notice if he or she receives reassignment
(number)
order which do not allow greater notice.
10. Holding Over. Except as provided in Paragraph 2 of this Agreement. If Tenant,
without the Landlord's consent, continues in possession of the Premises following the date of
termination of this Agreement, or the date Tenant is required to vacate pursuant such notice of
termination, the Tenant shall pay to the Landlord the monthly rental computed and prorated on a
daily basis for each day Tenant remains in possession. Possession shall be deemed retained if
the Premises are not rented to another Tenant by reason of the Tenant's actions.
11. Assignment. This Rental Agreement may be assigned for the remaining term thereof by
Tenant to any person to whom Tenant sells or transfers title to the manufactured home. Tenant
shall notify Landlord in writing of the intended sale and transfer at least days in
(number)
advance of such intended transfer, and shall notify buyer of the requirements of this paragraph.
The Landlord shall approve or disapprove of the assignment on the same basis that it approves or
disapproves any new Tenant and shall notify Tenant of any such disapproval at least
(number)
days in advance of the intended transfer. The Landlord's consent to an assignment will not be
unreasonably withheld. The assignee of this Rental Agreement shall assume all the duties and
obligations of his assignor for the remainder of the term of the Rental Agreement unless, by
mutual agreement, a new Rental Agreement is entered into with the Landlord.
12. Waiver of Liability. Tenant, as a material part of the consideration under the Rental
Agreement, hereby agrees to indemnify and hold Landlord harmless from and on account of any
damage or injury to any person, or to the furniture, equipment, records, good, wares or
merchandise of any person arising from the use of the Premises by Tenant, or arising from the
failure of Tenant to keep the home and the lot in good condition, as herein provided, or arising
Ground Lease of Lot for Manufactured HomePage 5 of 6
from the negligence of Tenant, his family or guests. Landlord shall not be liable to Tenant for
any damage by or from any act of negligence of any their guests, or by any owner or occupant of
adjoining or contiguous manufactured homes. Tenant agrees to pay for all damages to the
Premises and lot, caused by the Tenants.
13. Tenant to Insure Premises. Tenant shall, during the full term of this Lease Agreement,
at the expense of Tenant:
A. Insure the Manufactured Home belonging to Tenant against loss or damage by
fire;
B. Carry public liability insurance providing for a minimum of $ per
person, $ , and $ for property damage; and
C.Certificates of insurance shall be delivered to Landlord days before
(number)
the effective dates of the certificates, and new certificates shall be delivered
(number)
days before the old policies expire. If Tenant fails to deliver the policies in the manner
stated to Landlord, Landlord may, after days' notice to Tenant, obtain the
(number)
required policies and charge their costs to Tenant as additional rent, to be paid by Tenant
on the first day of the month following the date on which Landlord obtains the policies
and sends notice to Tenant demanding payment.
14. Indemnification. Tenant covenants to indemnify and hold and save harmless of any cost,
liability, or expense caused by or arising out of any injury or death of persons or damage to
property, income upon or about the Premises or caused by or arising out of any activities or
omission of Tenant, his licensees, and/or invitees, including without invitation, injury or death
of Tenant, his agents, employees, licensees and invitees and damage to their property or Tenant's
property; except for any damage or injury of any kind arising out of the negligence of Landlord.
15. Severability. 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.
15. 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.
16. Governing Law. This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of .
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17. Notices. Unless provided herein to the contrary, 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.
18. Attorney’s Fees. In the event that any lawsuit is filed in relation to this 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 successful party's attorney fees.
19. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the
contrary, 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.
20. 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.
21. 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.
22. 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.
23. Compliance with Laws. In performing under this Agreement, all applicable
governmental laws, regulations, orders, and other rules of duly-constituted authority will be
followed and complied with in all respects by both parties.
WITNESS our signatures as of the day and date first above stated.
(Signature of Tenant) (Signature of Landlord)
(Printed or Types Name) (Printed or Types Name)
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EXHIBIT A
Property Information:
Real Property Owner Name(s)
Mailing Address
City, County, State, and Zip Code
Real Property Legal Description:
Manufactured Home/Mobile home/Commercial Modular Unit Description:
Manufacturer's Name
Model Name/Number
Manufacture Date
Serial Numbers
Length X Width
HUD Label Number(s)
Other: