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Form DE-864-1LT
DELAWARE 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, Delaware,
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: As per Delaware Code
§ 5514,
A landlord may require the payment of security
deposit.
No landlord may require a security deposit in excess
of 1 month's rent where the rental agreement is for 1
year or more.
No landlord may require a security deposit in excess
of 1 month's rent (with the exception of federally-
assisted housing regulations), for primary residential
tenancies of undefined terms or month to
month where the Lease has lasted 1 year or more.
After the expiration of 1 year, the landlord shall
immediately return, as a credit to the tenant, any
amount in excess of 1 month's rent.
The security deposit limits set forth above shall not
apply to furnished rental units.
Each security deposit shall be placed by the landlord
in an escrow bank account in a federally-insured
banking institution with an office that accepts
deposits within the State.
The purpose of the security deposit shall be:
To reimburse the landlord for actual damages
caused to the premises by the tenant which exceed
normal wear and tear, or which cannot be corrected
by painting and ordinary cleaning; and/or
To pay the landlord for all rental arrearage due
under the rental agreement, including late charges
and rental due for
premature termination or abandonment of the rental
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agreement by the tenant; and/or
To reimburse the landlord for all reasonable
expenses incurred in renovating and re-renting the
premises caused by the premature termination of the
rental agreement by the tenants.
If the landlord is not entitled to all or any portion of
the security deposit, the landlord shall remit the
security deposit within 20 days of the expiration or
termination of the rental agreement.
Within 20 days after the termination or expiration of
any rental agreement, the landlord shall provide the
tenant with an itemized list of damages to the
premises and the estimated costs of repair for each
and shall tender payment for the difference between
the security deposit and such costs of repair of
damage to the premises. Failure to do so shall
constitute an acknowledgment by the landlord that
no payment for damages is due. Tenant's acceptance
of a payment submitted with an itemized list of
damages shall constitute agreement on the
damages as specified by the landlord, unless
the tenant, within 10 days of the tenant's
receipt of such tender of payment, objects in
writing to the amount withheld by the landlord.
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
Delaware 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 Delaware 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).
Under Delaware Code § 5513, except for cases of
failure to pay rent (discussed below), if the tenant
breaches any rule or covenant which is material to
the rental agreement, the landlord shall notify the
tenant of such breach in writing, and shall allow at
least 7 days after such notice for remedy or
correction of the breach.
(1) Such notice shall substantially specify the
provision allegedly breached and advise the tenant
that, if the violation continues after 7 days, the
landlord may terminate the rental agreement and
bring an action for summary possession. Such notice
shall also state that it is given pursuant to this
section, and if the tenant commits a substantially
similar breach within 1 year, the landlord may rely
upon such notice as grounds for initiating an action
for summary possession. The issuance of a
notice pursuant to this section does not establish that
the initial breach of the rental agreement actually
occurred for purposes of this section.
(2) If the tenant's breach can be remedied by the
landlord, as by cleaning, repairing, replacing a
damaged item or the like, the landlord may so
remedy the tenant's breach and bill the tenant for the
actual and reasonable costs of such remedy. Such
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billing shall be due and payable as additional rent,
immediately upon receipt.
(3) If the tenant's breach of a rule or covenant also
constitutes a material breach of an obligation
imposed upon tenants by a municipal, county or
state code, ordinance or statute, the landlord
may terminate the rental agreement and bring an
action for summary possession.
(b) When a breach by a tenant causes or threatens to
cause irreparable harm to any person or property, or
the tenant is convicted of a class A
misdemeanor or felony during the term of the
Lease which caused or threatened to cause
irreparable harm to any person or property, the
landlord may, without notice, remedy the breach
and bill the tenant, or immediately terminate
the rental agreement upon notice to the tenant and
bring an action for summary possession; or do both.
(c) Upon notice to tenant, the landlord may bring an
action or proceeding for waste or for breach of
contract for damages suffered by the tenant's
willful or negligent failure to comply with
tenant's responsibilities under the preceding section.
The landlord may request a forthwith summons.
In a case of failure to pay rent, Delaware Code §
5502 states:
(a) A landlord or the landlord's agent may, any time
after rent is due, including the time period between
the date the rent is due and the date under this
Code when late fees may be imposed, demand
payment thereof and notify the tenant in
writing that unless payment is made within a
time mentioned in such notice, to be not less than 5
days after the date notice was given or sent, the
rental agreement shall be terminated. If the tenant
remains in default, the landlord may thereafter bring
an action for summary possession of the dwelling
unit or any other proper proceeding, action or suit
for possession.
(b) A landlord or the landlord's agent may bring an
action for rent alone at any time after the landlord
has demanded payment of past-due rent and has
notified the tenant of the landlord's intention to
bring such an action. This action may include late
charges, which have accrued as additional rent.
(c) If a tenant pays all rent due before the landlord
has initiated an action against the tenant and the
landlord accepts such payment without a written
reservation of rights, the landlord may not then
initiate an action for summary possession or for
failure to pay rent. (d) If a tenant pays all rent due after the landlord has
initiated an action for nonpayment or late payment
of rent against the tenant and the landlord
accepts such payment without a written
reservation of rights, then the landlord may
not maintain that action for past due rent.
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 Delaware 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
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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 Delaware
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 Lease 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 Delaware
law. Upon termination, Tenant shall vacate the
premises and deliver same unto Landlord on or
before the expiration of the period of notice.
10. OBLIGATIONS AND DUTIES OF
LANDLORD:
As per Delaware Code § 5305, Landlord shall:
1) Comply with all applicable provisions of any
state or local statute, code, regulation or ordinance
governing the maintenance, construction, use or
appearance of the rental unit and the property of
which it is a part;
2) Provide a rental unit which shall not endanger the
health, welfare or safety of the tenants or occupants
and which is fit for the purpose for which it is
expressly rented;
3) Keep in a clean and sanitary condition all
common areas of the buildings, grounds, facilities
and appurtenances thereto which are maintained by
the landlord;
4) Make all repairs and arrangements necessary to
put and keep the rental unit and the appurtenances
thereto in as good a condition as they were, or ought
by law or agreement to have been, at the
commencement of the Lease; and
5) Maintain all electrical, plumbing and other
facilities supplied by the landlord in good working
order.
11. OBLIGATIONS AND DUTIES OF
TENANT:
As per Delaware Code § 5503, Tenant shall: (1) Comply with all obligations imposed upon
tenants by applicable provisions of all municipal,
county and state codes, regulations, ordinances and
statutes;
(2) Keep that part of the premises which the tenant
occupies and uses as clean and safe as the conditions
of the premises permit;
(3) Dispose from the rental unit all ashes, rubbish,
garbage and other organic or flammable waste, in a
clean and safe manner;
(4) Keep all plumbing fixtures used by the tenant as
clean and safe as their condition permits;
(5) Use in a reasonable manner all electrical,
plumbing, sanitary, heating, ventilating and other
facilities and appliances in the premises; and
(6) Not willfully or wantonly destroy, deface,
damage, repair or remove any part of the structure
or rental unit or the facilities, equipment or
appurtenances thereto, nor permit any person on the
premises with the tenant's permission to do any such
thing.
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
agents regarding the condition of the leased
premises and that Tenant takes premises in its AS-IS
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condition with no express or implied warranties or
representations beyond those contained herein or
required by applicable Delaware 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 Delaware 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
Delaware 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 Delaware 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: In the event that
Landlord employees an attorney to collect any rents
or other charges due hereunder by Tenant or to
enforce any of Tenant's covenants herein or to
protect the interest of the Landlord hereunder,
Tenant agrees to pay a reasonable attorney's fee and
all expenses and costs incurred thereby, to the extent
allowed by applicable law.
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
taking and this Lease shall terminate on that date.
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33. LANDLORD ENTRY: In addition to the
rights provided by applicable Delaware 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
Delaware.
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.
