U.S. Legal Forms, Inc. http://www.uslegalforms.com
Form US-864LT
RESIDENTIAL LEASE AGREEMENT
This Residential Lease Agreement (hereinafter “Lease”) is entered into this ____ day of _____________, 20____, by and
between the Lessor: ______________________________________, (hereinafter referred to as “Landlord”), and the
Lessee(s): _________________________, _________________________, _________________________, and
_________________________. 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 at, and described as:
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
________________________________, including,
if applicable, 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 deposit the sum of
$___________ to be held by Landlord as a security
deposit for reasonable cleaning of, and repair of
damages to, the premises upon the expiration of this
Lease. 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 [ ] IS, [ ] IS NOT , entitled to
interest on the security deposit. 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.
Upon expiration of this Lease, the security deposit
shall be applied to damages in accordance with the
applicable laws of the State of
____________________.
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 the
applicable law of the State of
___________________.
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 law shall be delivered to the above
address.
Tenant agrees that rent monies will not be
considered paid until Landlord or Landlord’s agent
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Form US-864LT
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, at Landlord’s
option, terminate this Lease by written notice of
termination to Tenant, or by any other means
allowed by applicable law. Tenant expressly agrees
to vacate the premises and deliver same unto
Landlord on or before the expiration of the period of
notice, regardless of any dispute that may exist
regarding Tenant’s breach.
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 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 if 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 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 tenancy 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 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:
Landlord shall:
(a) Comply in good faith with all terms and
conditions of this Lease, and with all applicable law.
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(b) Comply with the requirements of applicable
building and housing codes materially affecting
health and safety.
(c) Maintain the dwelling unit, its plumbing, heating
and/or cooling system, in substantially the same
condition as at the inception of the lease, reasonable
wear and tear excluded, unless the dwelling unit, its
plumbing, heating and/or cooling system is damaged
or impaired as a result of the deliberate or negligent
actions of the tenant or those present with Tenant’s
knowledge or permission.
(d) Pay real estate taxes on the leased premises.
11. OBLIGATIONS AND DUTIES OF
TENANT:
Tenant shall:
(a) Comply in good faith with all terms and
conditions of this Lease, and with all applicable law.
(b) Keep the premises as clean and as safe as the
condition of the premises permits.
(c) Use in a reasonable manner all electrical,
plumbing, sanitary, heating, ventilating, air
conditioning and other facilities and appliances,
including elevators, in the premises.
(d) Not deliberately or negligently destroy, deface,
damage, impair or remove any part of the premises
or permit any other person to do so.
(e) Conduct himself/herself and require other
persons on the premises to conduct themselves in a
manner that will not disturb any neighbors' peaceful
enjoyment of neighboring premises.
(f) Inform Landlord of any condition of which
Tenant has knowledge which may cause damage to
the premises.
(g) Maintain the dwelling unit in substantially the
same condition, reasonable wear and tear excepted,
and comply with the requirements of applicable
building and housing codes materially affecting
health and safety.
(h) Not engage in any illegal activity upon the
leased premises as documented by a law
enforcement agency.
(i) Pay the expenses for replacing all keys related to
the premises that are lost or damaged, and shall
return said keys to Landlord at the expiration or termination of this Lease.
(j) Keep no pets of any kind, except
______________________________, upon the
leased premises, or in any common area.
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 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 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.
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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
contract price in 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 on 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 even 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 of
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 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 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: ________
__________________________________________
__________________________________________
__________________________________________.
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
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Form US-864LT
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 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.
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 is the same as 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 same 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.
33. LANDLORD ENTRY AND LIEN: In
addition to the rights provided by applicable 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 premised 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. Furthermore, Landlord retains a
Landlord’s Lien on all personal property placed
upon the premises to secure the payment of rent and
any damages to the leases premises.
34. GOVERNING LAW: This Lease is
governed by the statutory and case law of the state
wherein lay the leased premises. If the leased
premises lay in more than one state, the governing
law is that of the State of _____________.
35. LEAD-BASED PAINT DISCLOSURE:
HOUSING BUILT BEFORE 1978 MAY
CONTAIN LEAD-BASED PAINT. LEAD FROM
PAINT, PAINT CHIPS, AND DUST CAN POSE
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Form US-864LT
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. LEASES MUST ALSO
RECEIVED 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: ____________
Authorized Signature
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.hud.gov/offices/lead/outreach/leapame.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 ~
