Residential Occupant Agreement

RESIDENTIAL OCCUPANT AGREEMENT

This Residential Occupant Agreement ("Agreement") is entered into as of Effective Date: by and between Owner Name: whose address is (\"Owner\") and Occupant Name: whose address is (\"Occupant\").

Recitals

WHEREAS, Owner is the legal owner or authorized agent of certain residential real property described as Premises: ; and

WHEREAS, Occupant desires permission to occupy the Premises for residential purposes and Owner is willing to permit such occupancy upon the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend that this Agreement governs the limited license to occupy and the obligations of the parties and is not intended to create a landlord-tenant relationship unless provided otherwise by applicable law.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. Grant of Occupancy

Owner grants Occupant a revocable, nonexclusive license to occupy the Premises solely for residential use and subject to the terms and conditions of this Agreement. This license does not transfer any interest in title or create a tenancy at will except as may be required by applicable statute.

Term of occupancy Commences: and Terminates: unless earlier terminated in accordance with Section 6.

2. Occupant Obligations

Occupant shall keep the Premises and all fixtures in a clean, safe and sanitary condition, and shall promptly notify Owner of any damage, defect or condition requiring repair. Occupant shall comply with all applicable laws, ordinances and rules governing the Premises and shall not use the Premises for any unlawful purpose.

Occupant shall not make structural or material alterations to the Premises without Owner's prior written consent. Occupant shall not assign or sublet the license to occupy without Owner's prior written consent, which consent may not be unreasonably withheld.

3. Payment

Occupancy fee is due on or before day of each month. Late payments shall incur a late fee of or the maximum permitted by law.

4. Security Deposit

Occupant shall pay a security deposit in the amount of to secure performance of this Agreement. Deposit shall be held in accordance with applicable law and may be retained to cure breaches, repair damage beyond normal wear and tear, and satisfy unpaid obligations. Any allowable deductions and the basis therefor will be provided in writing to Occupant within the time period required by law.

5. Utilities and Services

Responsibility for utilities:

Electric    Gas    Water    Internet

6. Access and Inspections

Owner or Owner's agents may enter the Premises to inspect, make necessary repairs, perform maintenance or show the Premises to prospective purchasers or occupants upon reasonable notice to Occupant, except that in the event of an emergency, no notice is required. Reasonable notice shall be not less than 24 hours unless otherwise impracticable.

7. Termination

Either party may terminate this Agreement by providing written notice of termination to the other party at least days prior to the intended termination date, except that Owner may terminate immediately for material breach or illegal conduct by Occupant. If Occupant vacates prior to the end of the Term without Owner's written consent, Occupant remains liable for any occupancy fees and damages in accordance with law.

8. Indemnity and Liability

Occupant shall indemnify, defend and hold Owner harmless from and against all claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of Occupant's use of the Premises, breach of this Agreement, or negligence, except to the extent caused by Owner's gross negligence or willful misconduct. Owner's liability for damages for any cause shall be limited to direct damages and in no event shall Owner be liable for consequential, incidental, special or punitive damages.

9. Insurance

Occupant is strongly encouraged to obtain and maintain renter's or personal property insurance covering Occupant's personal property and liability. Owner's insurance does not cover Occupant's personal property or liability to third parties.

10. Notices

All notices required or permitted under this Agreement shall be in writing and delivered by personal delivery, nationally recognized overnight courier, or mailed by certified mail, return receipt requested, to the addresses set forth below (or such other address as a party may designate in writing):

11. Amendments; Waiver; Counterparts

No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties. The failure of either party to enforce any provision shall not constitute a waiver of that provision or any other provision. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. Governing Law; Entire Agreement; Severability

This Agreement shall be governed by and construed in accordance with the laws of the state where the Premises are located, without regard to conflict of law principles. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

13. Miscellaneous Provisions

If Occupant abandons the Premises or fails to occupy in accordance with this Agreement, Owner may take possession and pursue any remedies available at law or in equity. Any sums due and payable by Occupant may be collected by Owner through available legal remedies, and Occupant shall be liable for reasonable costs and attorneys' fees incurred in enforcement, to the extent permitted by law.

Sign Now