Lease or Rental Agreement of Residential Property with
Option to Purchase and Own Property Lease Agreement made on the _____________ (date), between __________________
(Name of Lessor) of ___________________________________________________________
__________________ (street address, city, county, state, zip code), referred to herein as
Lessor, and ______________________ (Name of Lessee), of _________________________
_____________________________________ (street address, city, county, state, zip code),
referred to herein as Lessee.1. Property Leased Lessor leases to Lessee, and Lessee leases from Lessor, (description of real
property) ___________________________________________________________________,
hereinafter called the Property, pursuant to the terms set forth below in this Agreement.2. TermThe term of this Lease shall be for a period beginning ___________________
(commencement date), and ending ____________________ (termination date).3.RentIn consideration for the leasing of the above-described Property, Lessee agrees to pay
to Lessor, as rent for such Property , the total sum of $___________, payable in monthly
installments as follows: $___________, upon the execution of this Lease, receipt of which is
acknowledged, $___________, in payment of rent for the period from ___________________
(commencement date) to __________________ (date of end of first month) ; and
$___________, on the _______________ (ordinal number) day of each subsequent month
during the term of this Lease. Any past due payment of rent will bear interest at the rate of
________% per year. All payments will be made at the principal place of business of Lessor at
__________________________________________________________ (address of Lessor),
or such other place as shall be designated by written notice from Lessor to Lessee . 4. UtilitiesLessee will be responsible for the payment of all utilities and services, except:
______________ which will be paid by Lessor. 5. USE The Property will be used exclusively as a residence for no more than ______ persons.
Guests staying more than a total of ______ days in a calendar year without written consent of
the Lessor will constitute a violation of this Agreement. 6. AnimalsNo animals will be brought on the Property without the prior consent of the Lessor:
except _____________________.7. Ordinances and StatutesLessee will comply with all statues, ordinances, and requirements of all municipal, state
and federal authorities now in force, or which may later be in force. 8. Assignment and Subletting
Lessee will comply will not assign this Agreement or subject any portion of the Property
without prior written consent, of the Lessor . Any such assignment or subletting without consent
will be void and, at the option of the Lessor, will terminate the lease. 9. Inspection by Lessee Lessee shall inspect the Property within ______ (number) hours after receipt of such
Property. Unless Lessee within such period of time gives written notice to Lessor specifying any
defect in or other proper objection to the Property, Lessee agrees that it shall be conclusively
presumed, as between Lessor and Lessee, that Lessee has fully inspected and acknowledged
that the Property is in good condition and repair, and that Lessee is satisfied with and has
accepted the Property in such good condition and repair.10. Inspection by LessorLessor shall at all times during business hours have the right to enter on the premises
where the Property may be located for the purpose of inspecting it or observing its use. Lessee
shall give Lessor immediate notice of any attachment or other judicial process affecting any item
Leased and shall, whenever requested by Lessor , advise Lessor of the exact location of the
item.11. Maintenance, Repairs, or AlterationsLessee acknowledges that the Property is in good working order and repair, unless
otherwise indicated. Lessee will, at his own expense, maintain the premise in good working
order and repair, including all equipment, appliances, and smoke detectors, plumbing, heating
and air conditioning, will keep the Property in a clean and sanitary condition and will surrender
the same, at termination, in as good condition as received, normal wear and tear accepted
Lessee will be responsible for damages cause by his or her negligence and that of his or her
family, invitees, and guests. Lessee will not paint paper or otherwise redecorate or make
alterations to the Property without the prior written consent of the Lessor. Lessee will irrigate
and maintain any surrounding grounds, including lawns and shrubbery. Lessee will not commit
any waste upon the Property . 12. InventoryAny furnishings and/or equipment to be furnished by Lessor will be listed in a separate
inventory. The inventory will be signed by both Lessee and Lessor concurrently with this
Agreement. Lessee will keep the furnishings and equipment in good condition and repair, and
will be responsible for any damage to them other than normal wear and tear. 13. Damages to PropertyIf the Property is damaged by fire or any other cause which renders the Property
untenantable, either party will have the right to terminate this Agreement as of the date which
the damage occurs. Written notice of termination will be given to the other party within fifteen
(15) days after occurrence of such damages. Should such damage or destruction occur as the
result of the negligence of Lessee, or his invitees, and then only the Lessor will have the right to
terminate. Should this right be exercised by either Lessor or Lessee , and then rent for the
current month will be prorated between the parties as of the date the damage occurred. Any
prepaid rent and unused security deposit will be refunded to Lessee. If this Agreement is not
terminated, then Lessor will promptly repair the Property and there will be a proportionate
reduction of rent until the Property is repaired and ready for Lessee’s occupancy. The
proportionate reduction will be based on the extent which repairs interfere with Lessee’ s
reasonable use of the Property .
14.IndemnityLessee will indemnify Lessor against, and hold Lessor harmless from, all claims, actions,
proceedings, costs, damages, and liabilities, including attorney's fees, arising out of, connected
with, or resulting from the Property, including but not limited to the manufacture, selection,
delivery, possession, use, operation, or return of such Property.15. DefaultIf the Lessee fails to pay rent when due, or perform any provision of this Agreement,
after not less than three (3) days (or longer if required by local law) written notice of such default
given in the manner required by law, the Lessor, at his or her option, may terminate all rights of
Lessee, unless Lessee, within said time, cures such default. If Lessee abandons or vacates the
property while in default of the payment of rent, Lessor may consider any property left on the
Property to be abandoned and may dispose of the same in any manner allowed by law. In the
event the Lessor reasonable believes that such abandoned property has no value, it may be
discarded. All property on the Property will be subject to a lien for the benefit of Lessor securing
the payment of all sums due, to the maximum extent allowed by law. In the event of a default by
Lessee, Lessor may elect to: (a) continue to lease in effect and enforce all his or her rights and
remedies, including the right to recover rent as it becomes due; or (b) at any time, terminate all
of Lessee’s rights and recover from Lessee all damages he or she may incur by reason of the
breach of the lease, including the cost of recovering the Property , and including the worth at the
time of such termination, or at the time of an award if suit be instituted to enforce this provision,
of the amount by which the unpaid rent for the balance of the term exceeds the amount of such
rental loss which the Lessee proves could be reasonably avoided. 16.Deposit of SecurityLessor acknowledges that Lessee has deposited with Lessor as security $_________
and agrees that such deposit shall be security for performance of Lessee's obligations under
this Lease. Such sum may, at Lessor's option, be applied to satisfy any such obligation which
may be in default, but the making of such deposit will not excuse Lessee from performance of
any such obligation. Any portion of such sum which has not been so applied by Lessor will be
returned to Lessee at the termination of this Lease. No interest on said Deposit shall be payable
by Lessor to Lessee.17. Holding OverAny holding over after expiration of this Agreement, with the consent of the Lessor , will
be construed as a month– to-month tenancy in accordance with the applicable terms of this
Agreement. No such holding over or extension of this Agreement will extend the time for the
exercise of the option to purchase unless agreed upon in writing by Lessor. 18. Fair HousingLessor and Lessee understand that the state and federal housing laws prohibit
discrimination in the sale, rental, and appraisal, financing or advertising of housing on the basis
of race, color, religion, sex, martial status, sexual orientation, national origin, ancestry, familial
status, age, or disability. 19.Option to PurchaseLessor grants to Lessee the option to purchase the Property in this Agreement for
$___________ (the Purchase Price), provided that Lessee gives notice to Lessor , in writing, of
his intention to exercise such option during the period of ______ (number) days immediately
preceding the expiration of this Lease, and provided further that Lessee's right to so purchase
the Property is conditioned upon Lessee's complete performance of all the terms and provisions
of this Lease on his part to be performed, including full payment of the rental as specified.
Should Lessee exercise the option, [(all sums) or (_____% of the sum)] paid as rent under this
Lease shall be applied to the Purchase Price of the Property in this Agreement, and on receipt
of the balance of the Purchase Price by Lessor , Lessor will transfer title of such Property to
Lessee, pursuant to the terms of this Paragraph 18.A.FixturesAll items permanently attached to the Property, including light fixtures and bulbs,
attached floor coverings, all attached window coverings, including window hardware,
windows and door screens, storm sash, combination doors, awnings, TV antennas,
burglar, fire and smoke alarms (except leased systems), pool and spa equipment, solar
systems, attached fireplace screens, electric garage door openers with controls, outdoor
plants and trees (other than in movable containers), are included in the purchase price
free of liens, B. Personal PropertyThe following personal property, on the Property when inspected by Lessee , is
included in the purchase and will be transferred to Lessee free of liens and properly
identified by a bill of sale at closing. Unless itemized below, no such personal property is
included in the sale. No warranty is made as to the condition of the personal property. _______________________________________________________________________________________________________________________________________________________________________________________________________________ C. Purchase Price The Purchase Price of the Property, as set forth above, is $____________. Said
Purchase Price is payable as follows: Lessee shall make a cash down payment of
$___________ and shall qualify for a mortgage loan for the balance. D. Closing CostsLessor agrees to pay up to, but no more than $ in total closing
costs.
E. Closing and Possession Date The closing shall take place within _____ days after the mortgage loan is
approved. The possession date shall be the same as the closing date. F.Special Liens and Taxes Any special liens against the Property shall be paid by Lessor, if any, at closing.
Property taxes are to be prorated as of the closing date. G. Title and ConveyanceLessor is to convey title by general warranty deed and provide Lessee with a
Certificate of Title prepared by an attorney upon whose certificate of title insurance may
be obtained from a title insurance company qualified to do and doing business in the
State of . Lessor shall, prior to or at closing, satisfy all outstanding
mortgages, deeds of trust and special liens affecting the Property which are not
specifically assumed by Lessee herein. Title shall be good and marketable, subject only
to the following items: ( e.g., easements, applicable zoning ordinances, protective
covenants and prior mineral reservations) _________________________________
________________________________________; otherwise Lessee, at his option, may:
1. If defects cannot be cured by designated closing date, cancel this
Agreement; 2. Accept title as is; or 3. If the defects are of such character that they can be remedied by legal
action within a reasonable time, permit Lessor such reasonable time to
perform the curative work at Lessor’s expense. In the event that the
curative work is performed by Lessor, the time specified herein for closing
of this sale shall be extended for a reasonable period necessary for such
action. Lessor represent that the property is zoned residential and that no
government agency has served any notice requiring repairs, alterations or
corrections of any existing condition except as stated herein. H. Breach of Agreement In the event of breach of this option portion of the Agreement by Lessee , Lessor
at his option may cancel the Agreement. I. Damage by Fire, etc.This option portion of the Agreement is further conditioned upon delivery of the
improvements in their present condition and in the event of damage by fire or otherwise,
before closing, Lessee may declare this Agreement void and shall be entitled to the
return _______ % of rent paid pursuant to this Agreement, or Lessee may elect to
complete the trans action in accordance with this Agreement provided the Property is
restored by Lessor at Lessor’s' expense prior to closing. 20. SeverabilityThe 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. 21. 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. 22. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of ____________. 23. Notices 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.
24. Mandatory ArbitrationAny 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.
25. 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. 26. 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. 27. 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. 28. In this contract, 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) (Printed name) ____________________________ ______________________________(Signature of Lessor) (Signature of Lessee)