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Form NC-864LT
NORTH CAROLINA RESIDENTIAL LEASE AGREEMENT
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, North
Carolina, 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 until its
expiration on the ____ day of _________________,
20____, unless renewed or extended pursuant to the
terms herein.
4. SECURITY DEPOSIT: Upon execution of
this Lease, Tenant shall provide to Landlord (who
shall place the money in a trust account) the sum of
$___________ (not to exceed two months rent) to 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. The security deposit shall not exceed an
amount equal to two months' rent. 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 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 North Carolina Code § 42-50 et
seq.:
Security deposits shall be deposited in a trust
account with a licensed and insured bank or savings
institution located in the State of North Carolina.
The landlord or his agent shall notify the tenant
within 30 days after the beginning of the lease term
of the name and address of the bank or institution
where his deposit is currently located.
Security deposits for residential dwelling units shall
be permitted only for the tenant's possible
nonpayment of rent and costs for water or sewer
services, or electric service, damage to the premises,
nonfulfillment of rental period, any unpaid bills that
become a lien against the demised property due to
the tenant's occupancy, costs of re-renting the
premises after breach by the tenant, costs of removal
and storage of tenant's property after a summary
ejectment proceeding or court costs in connection
with terminating a tenancy.
The deposit must be fully accounted for by the
landlord.
Upon termination of the Lease, money held by the
landlord as security may be applied as permitted
above, or, if not so applied, shall be refunded to the
tenant. In either case the landlord in writing shall
itemize any damage and mail or deliver same to the
tenant, together with the balance of the security
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deposit, no later than 30 days after termination of
the Lease and delivery of possession by the tenant.
If the tenant's address is unknown the landlord shall
apply the deposit as permitted herein after a period
of 30 days and the landlord shall hold the balance of
the deposit for collection by the tenant for at least
six months. The landlord may not withhold as
damages part of the security deposit for conditions
that are due to normal wear and tear nor may the
landlord retain an amount from the security deposit
which exceeds his actual 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 6th day of the month, Tenant will pay a
late charge of late fee not to exceed fifteen dollars
($15.00) or five percent (5%) of the monthly rent,
whichever is greater, amounting in this case to
$___________, as allowed by applicable North
Carolina Code § 42-46.
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 North Carolina 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 case of such breach, Landlord may deliver a
written notice to the Tenant in breach specifying the
acts and omissions constituting the breach and that
the Lease Agreement will terminate upon a date not
less than thirty (30) days after receipt of the notice if
the breach is not remedied within a reasonable time
not in excess of thirty (30) days; and the Lease
Agreement shall terminate and the Tenant shall
surrender possession as provided in the notice
subject to the following:
(a) If the breach is remediable by repairs, the
payment of damages, or otherwise, and the
Tenant adequately remedies the breach
prior to the date specified in the notice, the Lease
Agreement shall not terminate;
(b) In the absence of a showing of due care by the
Tenant, if substantially the same act or omission
which constituted a prior noncompliance of
which notice was given recurs within six
(6) months, the Landlord party may
terminate the Lease Agreement upon at least
fourteen (14) days written notice specifying the
breach and the date of termination of the Lease
Agreement;
If the Lease Agreement is terminated, Landlord
shall return all prepaid and unearned rent, and any
amount of the security deposit recoverable by the
Tenant.
As per North Carolina Code § 42-3:
If the breach by the Tenant is nonpayment of rent ,
the Landlord may serve Tenant with a ten (10) day
written notice of termination, whereupon the Tenant
must pay the unpaid rent in full or surrender
possession of the premises by the expiration of the
ten (10) day notice period.
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Furthermore, the Tenant may be terminated with
three (3) days notice if the Tenant has committed a
substantial violation of the Lease Agreement or
applicable law that materially affects health and
safety, and the violation is not cured prior to the
expiration of the three day notice period.
Drug traffickers and other criminals may be
specially evicted as per North Carolina Code § 42-
59 et seq.
Tenant expressly agrees and understands that upon
Landlord’s termination of this Lease, the entire
remaining balance of unpaid rent for the remaining
term of this Lease shall ACCELERATE , whereby
the entire sum shall become immediately due,
payable, and collectable. Landlord may hold the
portion of Tenant’s security deposit remaining after
reasonable cleaning and repairs as a partial offset to
satisfaction of the accelerated rent.
7. DELIVERY OF NOTICES: Any giving of
notice under this Lease or applicable North Carolina
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 North
Carolina 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 North
Carolina 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:
In compliance with North Carolina Code § 42-42:
(a) The landlord shall:
(1) Comply with the current applicable building
and housing codes, whether enacted before or after
October 1, 1977, to the extent required by the
operation of such codes; no new requirement is
imposed by this subdivision (a)(1) if a structure is
exempt from a current building code.
(2) Make all repairs and do whatever is necessary
to put and keep the premises in a fit and habitable
condition.
(3) Keep all common areas of the premises in
safe condition.
(4) Maintain in good and safe working order and
promptly repair all electrical, plumbing, sanitary,
heating, ventilating, air conditioning, and other
facilities and appliances supplied or required to be
supplied by the landlord provided that notification
of needed repairs is made to the landlord in writing
by the tenant, except in emergency situations.
(5) Provide operable smoke alarms, either
battery-operated or electrical, having an
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Underwriters' Laboratories, Inc., listing or other
equivalent national testing laboratory approval, and
install the smoke alarms in accordance with either
the standards of the National Fire Protection
Association or the minimum protection designated
in the manufacturer's instructions, which the
landlord shall retain or provide as proof of
compliance. The landlord shall replace or repair the
smoke alarms within 15 days of receipt of
notification if the landlord is notified of needed
replacement or repairs in writing by the tenant. The
landlord shall ensure that a smoke alarm is operable
and in good repair at the beginning of each tenancy.
Unless the landlord and the tenant have a written
agreement to the contrary, the landlord shall place
new batteries in a battery-operated smoke alarm at
the beginning of a tenancy and the tenant shall
replace the batteries as needed during the tenancy,
except where the smoke alarm is a tamper-resistant,
10-year lithium battery smoke alarm as required
below. Failure of the tenant to replace the batteries
as needed shall not be considered as negligence on
the part of the tenant or the landlord.
After December 31, 2012, when installing a new
smoke alarm or replacing an existing smoke alarm,
install a tamper-resistant, 10-year lithium battery
smoke alarm. However, the landlord shall not be
required to install a tamper-resistant, 10-year
lithium battery smoke alarm in either of the
following circumstances: a. The dwelling unit is
equipped with a hardwired smoke alarm with a
battery backup. b. The dwelling unit is equipped
with a smoke alarm combined with a carbon
monoxide alarm that meets the requirements of (6)
below.
(6) Provide a minimum of one operable carbon
monoxide alarm per rental unit per level, either
battery-operated or electrical, that is listed by a
nationally recognized testing laboratory that is
OSHA-approved to test and certify to American
National Standards Institute/Underwriters
Laboratories Standards ANSI/UL2034 or
ANSI/UL2075, and install the carbon monoxide
alarms in accordance with either the standards of the
National Fire Protection Association or the
minimum protection designated in the
manufacturer's instructions, which the landlord shall
retain or provide as proof of compliance. A landlord
that installs one carbon monoxide alarm per rental
unit per level shall be deemed to be in compliance
with standards under this subdivision covering the
location and number of . alarms. The landlord shall
replace or repair the carbon monoxide alarms
within 15 days of receipt of notification if the
landlord is notified of needed replacement or repairs
in writing by the tenant. The landlord shall ensure that a carbon monoxide alarm is operable and in
good repair at the beginning of each tenancy. Unless
the landlord and the tenant have a written agreement
to the contrary, the landlord shall place new
batteries in a battery-operated carbon monoxide
alarm at the beginning of a tenancy, and the tenant
shall replace the batteries as needed during the
tenancy. Failure of the tenant to replace the batteries
as needed shall not be considered as negligence on
the part of the tenant or the landlord. A carbon
monoxide alarm may be combined with smoke
alarms if the combined alarm does both of the
following: (i) complies with ANSI/UL2034 or
ANSI/UL2075 for carbon monoxide alarms and
ANSI/UL217 for smoke ; alarms; and (ii) emits an
alarm in a manner that clearly differentiates
between detecting the presence of carbon monoxide
and the presence of smoke. This subdivision applies
only to dwelling units having a fossil-fuel burning
heater, appliance, or fireplace, and in any dwelling
unit having an attached garage. Any operable carbon
monoxide installed before January 1, 2010, shall be
deemed to be in compliance with this subdivision.
(b) The landlord is not released of his obligations
under any part of this section by the tenant's explicit
or implicit acceptance of the landlord's failure to
provide premises complying with this section,
whether done before the lease was made, when it
was made, or after it was made, unless a
governmental subdivision imposes an impediment to
repair for a specific period of time not to exceed six
months.
11. OBLIGATIONS AND DUTIES OF
TENANT:
In compliance with North Carolina Code § 42-43:
(a) The tenant shall:
(1) Keep that part of the premises that the tenant
occupies and uses as clean and safe as the conditions
of the premises permit and cause no unsafe or
unsanitary conditions in the common areas and
remainder of the premises that the tenant uses.
(2) Dispose of all ashes, rubbish, garbage, and
other waste in a clean and safe manner.
(3) Keep all plumbing fixtures in the dwelling
unit or used by the tenant as clean as their condition
permits.
(4) Not deliberately or negligently destroy,
deface, damage, or remove any part of the premises,
nor render inoperable the smoke alarm or carbon
monoxide alarm provided by the landlord, or
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Form NC-864LT
knowingly permit any person to do so.
(5) Comply with any and all obligations imposed
upon the tenant by current applicable building and
housing codes.
(6) Be responsible for all damage, defacement, or
removal of any property inside a dwelling unit in the
tenant's exclusive control unless the damage,
defacement or removal was due to ordinary wear
and tear, acts of the landlord or the landlord's agent,
defective products supplied or repairs authorized by
the landlord, acts of third parties not invitees of the
tenant, or natural forces.
(7) Notify the landlord, in writing, of the need
for replacement of or repairs to a smoke alarm or
carbon monoxide alarm. The landlord shall ensure
that a smoke alarm and carbon monoxide alarm are
operable and in good repair at the beginning of each
tenancy. Unless the landlord and the tenant have a
written agreement to the contrary, the landlord shall
place new batteries in a battery-operated smoke
alarm and battery-operated carbon monoxide alarm
at the beginning of a tenancy and the tenant shall
replace the batteries as needed during the tenancy,
except where the smoke alarm is a tamper-
resistant, 10-year lithium battery smoke alarm (if
alarm meets this definition, Landlord check here
___ ). Failure of the tenant to replace the batteries as
needed shall not be considered as negligence on the
part of the tenant or the landlord.
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
condition with no express or implied warranties or
representations beyond those contained herein or
required by applicable North Carolina 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
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Form NC-864LT
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. 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 North Carolina 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 North
Carolina law, and terminate this Lease without
notice to Tenant.
20. 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: ____________________
__________________________________________
__________________________________________
____________
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.
21. 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.
22. 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.
23. 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.
24. 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 North Carolina law.
25. 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.
26. 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.
27. ATTORNEY FEES: Tenant agrees to be
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liable for reasonable attorney fees in all situations
allowed by applicable law.
28. 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.
29. 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.
30. 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.
31. LANDLORD ENTRY: In addition to the
rights provided by applicable North Carolina 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.
32. GOVERNING LAW: This Lease is governed
by the statutory and case law of the State of North
Carolina.
33. 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. ”
34. ADDITIONAL PROVISIONS:
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Residential Lease Agreement, Page 7
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.
