Fill and Sign the Temporary Residential Form

Temporary Residential Lease – Occupation by Seller Agreement made on the ____________________ (date) , between ____________________ (Name of Seller) of _________________________________ ______________________________________ (street address, city, state, zip code) , referred to herein as Seller , and _______________________ (Name of Purchaser) , of ______________________________________________________________________ (street address, city, state, zip code) , referred to herein as Purchaser . Whereas, the parties have both executed an Agreement for the sale from Seller to Purchaser of certain real property (the Agreement of Sale ) located at _____________ _______________________________________________________________ (street address, city, state, zip code) , (the Property ); and Whereas, the parties have agreed to permit Seller to remain in the Property under the terms and conditions contained in this Agreement; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purchaser hereby leases to Seller the Property described in the Agreement of Sale between Purchaser and Seller dated _________________ (date) . 2. The term of this Lease commences on the date the sale covered by the Agreement of Sale is closed and terminates, unless terminated earlier by reason of other provisions. This Lease terminates on _________________ (date) , or upon Seller's default under this Lease. 3. Seller shall pay to Purchaser as rental $___________ per day with the full amount of rental for the term of the Lease to be paid at the time of funding of the sale. Seller will not be entitled to a refund of rental if this Lease terminates early due to Seller’s default or voluntary surrender of the Property. 4. Seller shall pay to Purchaser at the time of funding of the sale $___________as a deposit to secure performance of this Lease by Seller. Purchaser may use the deposit to satisfy Seller's obligations under this Lease. Purchaser shall refund any unused portion of the deposit to Seller with an itemized list of all deductions from the deposit within 30 days after Seller (i) surrenders possession of the Property and (ii) provides Purchaser written notice of Seller’s forwarding address. 5. Seller shall pay all utility charges except (list exceptions) _________________ ______________________________________________________________________ ______________________________________________, which Purchaser shall pay. 6. Seller may use the Property only for single family dwelling purposes. Seller may not assign this Lease or sublet any part of the Property. 7. Seller may not keep pets on the Property except (describe exceptions) ______________________________________________________________________ ______________________________________________________________________ _____________________________________________________________________ . 8. Seller accepts the Property in its present condition and state of repair at the commencement of the Lease. Upon termination, Seller shall surrender the Property to Purchaser in the condition required under the Agreement of Sale at the time of closing, except normal wear and tear and any casualty loss. 9. Seller may not alter the Property or install improvements or fixtures without the prior written consent of Purchaser. Any improvements or fixtures placed on the Property during the Lease become the property of Purchaser. 10. Purchaser may enter at reasonable times to inspect the Property. 11. Seller shall comply with all applicable laws, restrictions, ordinances, rules and regulations with respect to the Property. 12. Seller shall bear all expense of repairing and maintaining the Property, including but not limited to yard, trees and shrubs. Seller shall promptly repair at Seller's expense any damage to the Property caused directly or indirectly by any act or omission of the Seller or any person other than Purchaser, Purchaser's agents or invitees. 13. Seller indemnifies Purchaser from the claims of all third parties for injury or damage to the person or property of such third party arising from the use or occupancy of the Property by Seller. This indemnification includes attorney's fees, costs and expenses incurred by Purchaser. 14. Purchaser and Seller shall each maintain such insurance on the Property as each party may deem appropriate during the term of this Lease. 15. If Seller fails to perform or observe any provision of this Lease and fails, within 24 hours after notice by Purchaser, to commence and diligently pursue to remedy such failure, Seller will be in default. 16. Seller shall surrender possession of the Property upon termination of this Lease. Any possession by Seller after termination creates a tenancy at sufferance and will not operate to renew or extend this Lease. Seller shall pay $__________ per day during the period of any possession after termination as damages, in addition to any other remedies to which Purchaser is entitled. 17. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 18. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 19. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (P rinted Name of Seller) (P rinted Name of Purchaser) ________________________ _________________________ (Signature of Seller) (Signature of Purchaser ) (Acknowledgment form may vary by state) State of _____________________ County of ___________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this __________________ (date) , within my jurisdic tion, the within-named ___________________ (Name of Purchaser) , who acknowledged that he executed the above and foregoing instrument. ________________________________ NOTARY PUBLIC My Commission Expires: ____________________ State of _____________________ County of ___________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this __________________ (date) , within my jurisdic tion, the within-named ______________________ (Name of Seller) , who acknowledged that he executed the above and foregoing instrument. ________________________________ NOTARY PUBLIC My Commission Expires: ____________________