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LEASE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT OF LEASE is made and executed at the City of _____, this day of _______________, 20__, by and between:
(NAME OF LESSOR), of legal age, single/married to (Name of spouse if any), Filipino, and with residence and postal address at (Address), hereinafter referred to as the LESSOR.
-AND-
(NAME OF LESSEE), Filipino and with residence and postal address at (Address), hereinafter referred to as the LESSEE.
WITNESSETH; That
WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property situated at (Address of property to be leased);
WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to lease the same;
NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED premises, subject to the following:
TERMS AND CONDITIONS
1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed that if at any time the premises are used for other purposes, the LESSOR shall have the right to rescind this contract without prejudice to its other rights under the law.
2. TERM: This term of lease is for ONE (1) YEAR. from (Date) to (Date) inclusive. Upon its expiration, this lease may be renewed under such terms and conditions as my be mutually agreed upon by both parties, written notice of intention to renew the lease shall be served to the LESSOR not later than seven (7) days prior to the expiry date of the period herein agreed upon.
3. RENTAL RATE: The monthly rental rate for the leased premises shall be in PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency. All rental payments shall be payable to the LESSOR.
4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior to move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum of PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine
Currency. wherein the two (2) months deposit shall be applied as rent for the 11th and 12th months and the remaining one (1) month deposit shall answer partially for damages and any other obligations, for utilities such as Water, Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of any of the provision of this contract.
5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as when the checks are dishonored, the LESSOR at its option may terminate this contract and eject the LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is in default of payment for One (1) month and may forfeit whatever rental deposit or advances have been given by the LESSEE.
6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased premises to be occupied in whole or in part by any person, form or corporation, neither shall the LESSEE assign its rights hereunder to any other person or entity and no right of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE without the LESSOR'S written approval.
7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water, Internet, association dues and other public services and utilities during the duration of the lease.
8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen disabling cause of acts of God, as to render the leased premises during the term substantially unfit for use and occupation of the LESSEE, then this lease contract may be terminated without compensation by the LESSOR or by the LESSEE by notice in writing to the other.
9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due notice to the LESSEE shall have the right to enter the premises in the presence of the LESSEE or its representative at any reasonable hour to examine the same or make repairs therein or for the operation and maintenance of the building or to exhibit the leased premises to prospective LESSEE, or for any other lawful purposes which it may deem necessary.
10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR the leased premises with all corresponding keys and in as good and tenable condition as the same is now, ordinary wear and tear expected devoid of all occupants, movable furniture, articles and effects of any kind. Non-compliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the latter's option, to refuse to accept the delivery of the premises and compel the LESSEE to pay rent therefrom at the same rate plus Twenty Five (25) % thereof as penalty until the LESSEE shall have complied with the terms hereof. The same penalty shall be imposed in case the LESSEE fails to leave the premises after the expiration of this Contract of Lease or termination for any reason whatsoever.
11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial relief against the other, the losing party shall pay an amount of One Hundred (100) % of the amount clamed in the complaint as attorney's fees which shall in no case be less than P50,000.00 pesos in addition to other cost and damages which the said party may be entitled to under the law.
12. This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-in-interest and assigns.
IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above written.
(Name of Lessor) (Name of Lessee)LESSOR LESSEE
Signed in the presence of:
RENT TO OWN CONTRACT
This Contract of Lease with Option to Purchase (Rent-to-Own Contract) made and executed this ____of __________ 20___ Manila, Philippines by and between.
__________________________________, Filipino, of legal age, single/married to, with post address at ________________________, hereinafter referred to as theLESSOR/SELLER.
-AND –
__________________________________, Filipino, of legal age, single/married to, with postal address __________________________, hereinafter referred to as theLESSEE/BUYER.
WITNESSETH:
THAT, for and in consideration of the payment of rent and the faithful compliance by the LESSEE/BUYER of all the stipulations and covenants hereinafter contained, the LESSOR/SELLER has agreed to lease unto the LESSE /BUYER the premises located at _______________________________, City of Manila under the following terms and conditions.
1. PURPOSE: That the premises hereby leased shall be used exclusively by the LESSE/BUYER for residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed upon that if at any time the premises are used for other purposes, the LESSOR/SELLER shall have the right to rescind this contract without prejudice to its other rights under the law.
2. TERM: The term of this non–renewable lease is for ______________ months from _____________________ to ________________ inclusive.
3. RENTAL RATE: The monthly rate for the leased premises shall be in PESOS: ______________________ [_______________], Philippine currency. All rental payments shall be made payable to ______________________.
4. DEPOSIT: That the LESSEE/BUYER shall deposit with the LESSOR/SELLER upon signing of this contract and prior to move in an amount equal to ten
percent (10%) of the selling price or the sum of PESOS: _____________________________________________________, Philippine currency.
5. RENTAL PAYMENT: The LESSE/BUYER shall issue, likewise, upon signing of this contract and prior to move in, Thirty (30) post-dated checks to cover monthly rental for the months of _________________ to __________________, each check dated on the _____ day of each month.
6. DEFAULT IN PAYMENT: In case of default by the LESSEE/BUYER in the payment of the rent, such as when the checks are dishonored, the LESSOR/SELLER, at its option may terminate this contract and eject the LESSEE/BUYER as hereinafter provided. However, the LESSE/BUYER is given seven (7) days grace period within which to settle the account from date rental payment is due. Granting an extension to the aforesaid grace period may not be deemed as a waiver of LESSOR/SELLER right to terminate this contract and eject the LESSE/BUYER but in the event the LESSOR/SELLER so opts to grant a written request for extension, a penalty equivalent to three (3%) percent per month of the rental due, with a fraction of a month considered as one month shall be charged and assessed for delayed payments.
7. SUB–LEASE: The LESSEE/BUYER shall not directly or indirectly sublet, allow or permit the leased premises to be occupied in whole or in part by any person, form or corporation; neither shall the LESSEE/BUYER assign its rights hereunder to any other person or entity and no right of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE/BUYER without LESSOR/SELLER’s written approval.
8. LESSE’S VISITORS, etc…: In case of damage to leased premises attributable to the LESSEE/BUYER, agents and/or visitors, repair of the same shall be for the account of the LESSEE/BUYER without prejudice to LESSOR/SELLER’s availment of any other right under the law.
9. POWER, WATER CONSUMPTION & ASSOCIATION DUES: Power, water and association dues shall be for the account of the LESSEE/BUYER.
10. OTHER PUBLIC UTILITIES: The LESSEE/BUYER shall pay for its telephone, cable and electrical services and other public services and utilities.
11. REPAIR AND MAINTENANCE: The LESSOR/SELLER shall deliver the leased as is where is. The LESSEE/BUYER hereby expressly acknowledges that the leased as is where is. The LESSE/BUYER hereby agrees and binds itself to undertake at its exclusive expense all minor and major repairs as may be required to maintain the leased premises in good state of repair, any provisions of law, present or future, or any stipulation in this agreement to the contrary notwithstanding.
12. IMPROVEMENTS, ALTERATIONS AND RENOVATIONS: The LESSEE/BUYER shall not make any improvements, alternations and renovations in the leased premises without prior written consent of both the Association and the LESSOR/SELLER. It is understood that all permanent improvements shall be owned by the LESSOR/SELLER and may not be removed without the express and written consent of the LESSOR/SELLER.
13. INJURY OR DAMAGE: The LESSEE/BUYER hereby assumes full responsibility for any damage which may be caused to the person or property of third person/s while remaining either casually or on business in any part of the premises leased. LESSEE/BUYER further binds itself to hold the LESSOR/SELLER harmless and free from any claim for such injury or damage. Provided, however, that the LESSOR/SELLER shall make necessary actions to correct said deficiencies to ensure that premises are in good and tenantable condition.
14. DISTURBANCE OF POSSESSION: Disturbance or discontinuance of possession of the LESSEE/BUYER due to “force majeure” shall confer nor right of any kind to the LESSEE/BUYER as against the LESSOR/SELLER, by reason of inconvenience, annoyance or injury to business arising out of the necessity of repairing any portion of the leased premises.
15. GOVERNMENT REGULATIONS: The LESSEE/BUYER, shall, at its own expense and risks, comply with all the laws, ordinances, regulations and orders of any agency of the government, national or local, affection or pertaining to the leased premises and to any effects or articles which said LESSEE/BUYER may have in its possession therein.
16. ABANDONMENT OF PREMISES: Should the LESSEE/BUYER abandon the leased premises for a period of THIRTY (30) DAYS or vacate the premises before expiration of this Contract of Lease without notifying the LESSOR/SELLER and check payment for the current month is dishonored, the LESSOR/SELLER’S may immediately re-enter the leased premises and this lease shall thereon be automatically terminated.
17. BREACH OF CONDITIONS: In case of breach by the LESSEE/BUYER of any of the conditions and covenants of this lease as herein stipulated, the LESSOR/SELLER at its option, may forthwith terminate and cancel this lease and the LESSEE/BUYER shall be liable for any and all damages as a result of such default and termination. Forfeiture of whatever rental desists and advances shall apply in case the LESSEE/BUYER violates any of the provisions in the contract. Forfeiture shall likewise apply should the LESSEE/BUYER fails to exercise his option to purchase after the expiration of this contract.
18. NON-WAIVER OF LESSOR’S RIGHT: Failure of the LESSOR/SELLER to enforce strict performance by the LESSEE/BUYER of any of the terms, conditions and covenants of this agreement shall not be construed as waiver of any right or remedy that the LESSOR/SELLER’S may have, nor shall it be deemed as a waiver of any subsequent breach of the terms, conditions, and covenants contained therein. No waiver by the LESSOR/SELLER of its rights hereunder shall be deemed to have been made unless expressed in writing and signed by the LESSOR/SELLER.
19. EXPIRATION OR CANCELLATION OF LEASE: At the expiration of the term of this lease or cancellation thereof, as herein provided, the LESSEE/BUYER will promptly deliver to the LESSOR/SELLER the leased premises with all corresponding keys and in as good and tenantable condition as the same is now, ordinary wear and tear excepted, devoid of all occupants, movable furniture, articles and effects of any kind. Non-compliance with the terms of this clause by the LESSEE/BUYER will give the LESSOR/SELLER the right, at latter’s option, to refuse to accept the delivery of the premises and to compel the LESSEE/BUYER to pay therefrom at the same rate as herein provided plus an additional sum equal to Twenty Five (25%) percent thereof as penalty until the LESSEE/BUYER shall have complied with terms hereof. The same penalty shall, likewise, be imposed in case the LESSEE/BUYER shall refuse to leave the leased premises after the expiration of this Contract of Lease or the termination for any reason whatsoever.
20. OPTION TO PURCHASE: For good & valuable consideration, the receipt whereof is hereby acknowledge from the LESSEE/BUYER. The LESSOR/SELLER hereby extends an option to the LESSEE/BUYER to purchase for the amount of PESOS: ___________________________________________ [P __________________] of Lease on the 18th month or the period from 1st to _____ of __________, _______. The LESSEE/BUYER, at his/her/its exclusive option, conditioned on faithful compliance with all payments and undertakings contained herein, may convey his/her/its decision to avail of option to
purchase in writing to the LESSOR/SELLER who thereafter shall credit all rental payments up to the __________ (___) month and the initial deposit stated above to down payment.
21. BALANCE AFTER THIS LEASE AGREEMENT: If LESSEE/BUYER complied with all terms and conditions stated above, inclusive of payment of realty taxes, power, water and association dues, the outstanding balance of the LESSEE/BUYER shall be 70% of the Total Selling Price amount equivalent to PESOS: _____________________________________ [P_____________], Philippine currency. The LESSEE/BUYER hereby agrees to execute the Deed of Absolute Sale upon payment in full of the TOTAL PURCHASE PRICE. Failure of the LESSEE/BUYER to exercise his/its right to purchase within the period of 30 months from the execution of this contract shall mean forfeiture and abandonment of his right to purchase. In such case, all payment made during the term of this lease are considered rentals.
22. TRANSFER EXPENSES: Documentary stamp tax, capital gain tax, registration fees, transfer tax, and other necessary expenses connected with the execution and registration of the sale shall be for the account of and paid by the LESSEE/BUYER.
23. TAXES, UTILITIES AND OTHER ASSOCIATION IMPOSITIONS: For the duration of this lease, LESSEE/BUYER shall pay the Realty Taxes. However, should the LESSEE/BUYER not exercise the option to purchase, LESSOR/SELLER shall reimburse the LESSEE/BUYER of all the taxes, exclusive of penalties for delayed payments, if any, it had paid as well as the start-up fund of the Homeowners Association.
24. JUDICIAL RELIEF AND PENALTY: Should any one of the parties herein be compelled to seek judicial relief against the other, the losing parties shall pay an amount equivalent to One Hundred Percent (100%) of the amount claimed in the compliant as attorney’s fees which shall in no case be less than P 100,000.00 pesos in addition to other cost and damages which the said party may be entitled to under the law, to recover from the other party. Provisions of penal character in this Contract of Lease shall be considered as cumulative to the relief granted by this section.
25. RIGHTS AND INTERESTS: The rights and interests of the LESSOR/SELLER subject under this instrument shall be fully assignable by the LESSOR/SELLER subject only to previous written notice thereof to the LESSEE/BUYER.
26. FORFEITURE OF DEPOSIT: Forfeiture of whatever rental deposit and advances shall apply to any of the following:
a. When the LESSEE/BUYER is in default in payment for three (3) months. In such a case, the LESSOR/SELLER shall have the right to prohibit entry of the LESSEE/BUYER, visitors, guests and his employees in the premises and the right to padlock the leased premises until indebted is satisfied;
b. When LESSEE/BUYER pre-terminates lease with or without cause; c. When LESSEE/BUYER violates any of the provisions of this contract; and d. When the LESSEE/BUYER fails to exercise his/her option to purchase. 27. PENAL PROVISION: The parties agree that all covenant and agreements
herein contained shall be deemed conditions as well as covenants that if default or breach be made of any such covenants and conditions, then this lease may be terminated and cancelled and the party in breach shall be liable for any and all damages, actual and consequential, resulting from such breach or termination; provided however, that no default shall be declared under this
lease unless the party in default has given written notice to cure such default within thirty (30) days. In the event of violation of this contract, other than the non-payment of rentals, the party in breach must immediately take remedial steps to cure the breach not later than thirty (30) days.
28. RIGHT OF ENTRY: LESSOR/SELLER or its authorized agent/s shall, after giving due notice to the LESSEE/BUYER, have the right to enter the premises in the presence of the LESSEE/BUYER or its representative at any reasonable hour to examine the same or to make repairs therein or for the operation of regular maintenance of the building or for any other lawful purpose which it may deem necessary.
This RENT TO OWN CONTRACT (CONTRACT OF LEASE WITH OPTION TO PURCHASE) shall be valid and binding, between the parties, their successors-in-interest and assigns. No amendment of the terms of the instrument shall be effective unless in writing and signed by the parties therein.
IN WITNESS WHEROF, parties herein have affixed their signatures on the date and place first above written.
__________________________ _______________________[Name] [Name]
LESSOR/SELLER LESSEE/BUYER
SIGNED IN THE PRESENCE OF:
__________________________ _______________________
ACKNOWLEDGEMENT
Republic of the Philippines)_________________________) S.S
BEFORE ME, a Notary Public, this _____ day of ____________, 20___ personally appeared the following to witness:
NAME CTC No. DATE ISSUED PLACE ISSUED
------------------------------- --------------- --------------------- ---------------------------------------------------- --------------- --------------------- ---------------------
Known to me to be the same persons who have executed the foregoing, instrument and acknowledged to me that the same is of their own free will and voluntary act and deed as well as of the corporation herein represented.
This instrument consisting of ______ (__) pages, including the page on which this acknowledgement is written, has been signed on the left margin of each page and every page thereof by the parties and their instrumental witnesses and sealed with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand, the day, year and place above written.
Doc. No. ______:Page No. ______:Book No. ______:Series No 20___.
House Rental Contract
This contract is an agreement between {Renter}, who will be renting a house from {Owner}, who owns the
house being rented. This arrangement will begin on {date} and will end on {date}.
The rent for this house will be {rent}. This amount must be paid on {date} every month. Late payments will
incur a fee of {fee}. A deposit in the amount of {deposit} will be held for the duration of the lease and will be
returned to the renter within one month after the keys are surrendered.
The major rules regarding this house are as follows: {house rental rules, concerning pets, smoking, and
other major violations}. By signing this agreement, the renter acknowledges that a complete list of these
rules has been provided to him or her, and that the renter has read and understood these rules.
The owner has a right to enter the house with an advanced notice of 24 hours for any reason. In an
emergency, owner may violate this right and enter immediately. Emergencies include those instances in
which the property is in immediate danger, such as from a fire or flood.
The renter will make his or her best effort to keep the house in good condition. No major alterations will be
made to the house without prior discussion with the owner. This includes painting, changes to the lawns,
and installation of any permanent changes. All maintenance for the house will be taken care of by the owner,
and the tenant must notify the owner immediately of maintenance required.
Utilities will be the responsibility of the tenant. The renter will set up and shut down all utilities. This includes
water, electric, and gas. Trash services is provided by{trash} and will be paid by the tenant.
Signing this agreement implies full understanding of the above conditions and the rental agreement. This
agreement cannot be altered without full informed consent in writing provided by both parties. In certain
cases of violation, the tenant may be required to vacate without appeal.
(Renter) (Date)
(Landlord) (Date)
“Sample Rental Agreement”
1. Parties The parties to this agreement are the Landlord:
Name: _____________________________________ Address:____________________________________
City/State/Zip: _________________________ phone#____________________
The tenant:
Name: _____________________________________ Address:____________________________________
City/State/Zip: _________________________ phone#____________________
2. Property Landlord rents to Tenant a dwelling located at:
Address:_____________________________________City/State/Zip: ______________________________
3. The term of this lease shall be ________________commencing on: ___ (day) of ________ (month) ____ (year)
until ___ (day) of ________ (month) ____ (year). This lease shall automatically self-extend under the same
terms and conditions as the initial lease and shall continue in full force and effect from month- to -month unless
and until otherwise terminated.
4. The rent shall be $ ____________ / month payable on the _______________ day of every month, in advance, so
long as this lease is in force.
5. The following appliances and furniture:
Stove, refrigerator, ___________________________________________________________________________
are included in the rental of these premises.
6. Security Deposit: Upon the execution of this Agreement, Tenant shall deposit with Landlord the sum of
_________________________________________________________ Dollars ($______________)
Receipt of which is hereby acknowledged by the Landlord, as security for any damage caused to the Premises
during the term of the lease. In accordance with ALM GL ch. 186, § 15B, such deposit received by the Landlord
shall be held in a separate, interest-bearing account in a bank, located within the Commonwealth under such terms
as will place such deposit beyond the claim of creditors of the Landlord. Such deposit shall be returned to the
Tenant, with interest at the rate of five per cent per year or other such lesser amount of interest as has been
received from the bank where the deposit has been held, and less any set off for damages to the Premises upon
the termination of this Agreement.
7. Occupants The Tenant shall not permit the dwelling to be occupied for longer than a temporary visit by anyone
except the individuals listed below and except any children born to or adopted by such individuals during the term
of this lease; however the landlord reserves the right to terminate this lease if the additional occupants would
render the dwelling overcrowded under the State Sanitary Code.
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
8. Notices All notices shall be in writing and shall be given to the Tenant at the dwelling; all rents and all notices,
which shall be in writing, shall be given to the Landlord at:
___________________________________________________________________________________________
(name of landlord or landlord's representative) (address) (phone)
In case of emergency, Tenant shall contact the following person:
_______________________________________________________________________________________
(name of landlord) (address) (phone)
9. Utilities Utilities shall be paid by the party indicated on the following chart:
(Please place checkmark under the person who will pay for the utility.)
LANDLORD TENANT MUNICIPALITY
Electricity __________ __________ ____________
Gas __________ __________ ____________
Heat* __________ __________ _____________
Garbage Collection __________ __________ _____________
Trash Removal __________ __________ _____________
Hot Water* __________ __________ _____________
Other ________________ __________ __________ _____________
• The Landlord must provide the facilities for the provision of heat and hot water.
TENANT AGREES
7. Use of Property Tenant shall use the property for residential purposes only. Tenant agrees not to engage in or permit
any household members, relatives, guests, invitees or agents to engage in any unlawful use of the dwelling unit,
common areas or grounds.
8. Notice of Absence from Unit Tenant shall notify the landlord in writing if the dwelling unit will be left unoccupied
by at least one adult household member for a period of longer than 30 days, and shall advise Landlord how to contact
Tenant during such period.
9. Tenant's Duty to Maintain Premises The Tenant shall maintain the premises in a clean and neat condition and at all
times comply with an occupant's obligations under Article II of the Massachusetts State Sanitary Code.
10. Waste of Utilities Tenant shall make every reasonable effort to conserve the use of utilities supplied and paid for by
the Landlord and shall not waste the same.
11. Damage Tenant shall use all appliances, fixtures and equipment in a safe manner and only for the purposes for which
they are intended and shall not litter, destroy, deface, damage or remove any part of the dwelling unit, common areas
or grounds. Tenant shall pay amounts due for repairs for property damage, reasonable wear and tear excepted, caused
by the intentional or negligent conduct of Tenant, a member of the Tenant's household, relatives, invitees, guests or
agents upon receipt of a bill from Landlord. The written bill shall include items of damage, the corrective action taken
and the cost thereof.
12. Alterations No substantial alterations, addition or improvement shall be made by Tenant in or to the dwelling unit
without the permission of Landlord in writing. Such consent shall not be unreasonably withheld, but may include the
Tenant's agreeing to restore the dwelling unit to its prior condition before moving out.
13. Locks Tenant shall not change, alter, replace or add new locks without written consent of Landlord. Any locks so
permitted to be installed shall become property of the Landlord and shall not be removed by Tenant. The Tenant shall
promptly give a duplicate key to any such changed, altered, replaced or new lock to Landlord.
14. Noise Tenant agrees not to allow on his/her premises any excessive noise or other activity which disturbs the peace
and quiet of other tenants in the building. Landlord agrees to prevent other tenants and other persons in the building or
common areas from similarly disturbing Tenant's peace and quiet.
15. Subleasing Tenant shall not assign this agreement or sublet the dwelling unit without the written consent of
Landlord. Such consent shall not be withheld without good reason. This paragraph shall not prevent Tenant from
having guests for reasonably short periods of time. 16. Termination Upon termination of this agreement, Tenant shall vacate the premises, remove all personal property
belonging to him/her and leave the premises as clean as she/he found them, normal wear and tear and damage by
unavoidable casualty excepted, and return all keys to Landlord immediately upon vacating. The Tenant agrees that
any personal property left in or about the premises after the Tenant has vacated shall be considered abandoned
property, and the Landlord may sell or otherwise dispose of same without liability to the Tenant.
17. Permission for Landlord to Enter Unit Tenant agrees to allow landlord or its agents to enter the dwelling upon
reasonable advance notice in order to inspect the premises, to exterminate for pests, to make repairs or to show the
premises to prospective tenants, purchasers, mortgagers or their agents. The Tenant will not be unreasonable in
denying entry. Landlord may also enter the premises without prior consent if it appears to have been abandoned by the
Tenant or in case of emergency, and as otherwise permitted by law or court order.
LANDLORD AGREES
18. Maintenance of Dwelling The Landlord agrees to maintain the premises in a structurally sound condition and to
otherwise comply with an Owner's obligations under Article II of the Massachusetts State Sanitary Code. Substantial
violations of the State Sanitary Code shall constitute grounds for abatement of rent.
19. Destruction of Premises If the premises are rendered uninhabitable by fire, flood or other natural disaster during the
term of this agreement, this agreement shall be thereupon terminated.
20. Notification of Termination Landlord shall not terminate this lease except for serious or repeated breach
of tenant's obligations hereunder. In cases of nonpayment of rent, Landlord may terminate the tenancy by a 14-day
written notice to vacate. In all other cases, Landlord may terminate the tenancy by a 30-day written notice to vacate.
Notwithstanding the foregoing, the Landlord may immediately terminate this Lease for any act or conduct of the
Tenant, household member or guest which entitles the Landlord to evict or enjoin the Tenant under Massachusetts
General Laws, Chapter 139, Section19.
ADDITIONAL PROVISIONS
21. If any, they are attached, initialed and dated by both parties, and are a part of this lease.
ATTACHMENTS
22. Tenant agrees to obey the Rules and Regulations which are attached to this lease and made a part thereof, which
Landlord reserves the right to amend or supplement at any time.
CHANGES
23. No changes or additions to this lease shall be made except by written agreement between Landlord and Tenant. This
lease and any attachments represent the entire agreement between Landlord and Tenant.
24. WHEREFORE, We, the undersigned, agree to this Lease, by signing two copies (one to be kept by Tenant and one by
Landlord).
LANDLORDS TENANTS
____________________________________________ ____________________________________________
(signature) (signature)
_________________________ _________________________
(date of signature) (date of signature)
____________________________________________ ____________________________________________
(signature) (signature)
_________________________ _________________________
(date of signature) (date of signature)
• Tenant is encouraged to carry renters insurance on personal belongings
LEASE
BASIC RENTAL AGREEMENT OR RESIDENTIAL LEASE
This Rental Agreement or Residential Lease shall evidence the complete terms and conditions under which the parties
whose signatures appear below have agreed. Landlord/Lessor/Agent, _____________________________, shall be
referred to as "OWNER" and Tenant(s)/Lessee, _____________________________, shall be referred to as
"RESIDENT." As consideration for this agreement, OWNER agrees to rent/lease to RESIDENT and RESIDENT
agrees to rent/lease from OWNER for use solely as a private residence, the premises located at
_____________________________________________in the city of __________________________________.
1. TERMS: RESIDENT agrees to pay in advance $______ per month on the ____ day of each month. This
agreement shall commence on _____,___ and continue; (check one)
A.__ until _______, ___ as a leasehold. Thereafter it shall become a month-to-month tenancy. If RESIDENT should
move from the premises prior to the expiration of this time period, he shall be liable for all rent due until such time
that the Residence is occupied by an OWNER approved paying RESIDENT and/or expiration of said time period,
whichever is shorter.
B.__ until ____________, ______ on a month-to-month tenancy until either party shall terminate this agreement by
giving a written notice of intention to terminate at least 30 days prior to the date of termination.
2. PAYMENTS: Rent and/or other charges are to be paid at such place or method designated by the owner as follows
_____________________________________. All payments are to be made by check or money order and cash shall
be acceptable. OWNER acknowledges receipt of the First Month's rent of $__________, and a Security Deposit of
$__________, and additional charges/fees for ______________________________, for a total payment of
$__________. All payments are to be made payable to __________________________________.
3. SECURITY DEPOSITS: The total of the above deposits shall secure compliance with the terms and conditions of
this agreement and shall be refunded to RESIDENT within _____ days after the premises have been completely
vacated less any amount necessary to pay OWNER; a) any unpaid rent, b) cleaning costs, c) key replacement costs, d)
cost for repair of damages to premises and/or common areas above ordinary wear and tear, and e) any other amount
legally allowable under the terms of this agreement. A written accounting of said charges shall be presented to
RESIDENT within _____ days of move-out. If deposits do not cover such costs and damages, the RESIDENT shall
immediately pay said additional costs for damages to OWNER.
4. LATE CHARGE: A late fee of $_____, (not to exceed ___% of the monthly rent), shall be added and due for any
payment of rent made after the ____________ of the month. Any dishonored check shall be treated as unpaid rent,
and subject to an additional fee of $_________.
5. UTILITIES: RESIDENT agrees to pay all utilities and/or services based upon occupancy of the premises except
____________________________________.
6. OCCUPANTS: Guest(s) staying over 15 days without the written consent of OWNER shall be considered a breach
of this agreement. ONLY the following individuals and/or animals, AND NO OTHERS shall occupy the subject
residence for more than 15 days unless the expressed written consent of OWNER obtained in advance
__________________________________________________.
7. PETS: No animal, fowl, fish, reptile, and/or pet of any kind shall be kept on or about the premises, for any amount
of time, without obtaining the prior written consent and meeting the requirements of the OWNER. Such consent if
granted, shall be revocable at OWNER'S option upon giving a 30 day written notice. In the event laws are passed or
permission is granted to have a pet and/or animal of any kind, an additional deposit in the amount of $_________
shall be required along with additional monthly rent of $_______ along with the signing of OWNER'S Pet
Agreement. RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible liability and
damages that may be caused by such animals. 8. LIQUID FILLED FURNISHINGS: No liquid filled furniture, receptacle containing more than ten gallons of
liquid is permitted without prior written consent and meeting the requirements of the OWNER. RESIDENT also
agrees to carry insurance deemed appropriate by OWNER to cover possible losses that may be caused by such items.
9. PARKING: When and if RESIDENT is assigned a parking area/space on OWNER'S property, the parking
area/space shall be used exclusively for parking of passenger automobiles and/or those approved vehicles listed on
RESIDENT'S Application attached hereto. RESIDENT is hereby assigned or permitted to park only in the following
area or space ____________________________. The parking fee for this space (if applicable is $________ monthly.
Said space shall not be used for the washing, painting, or repair of vehicles. No other parking space shall be used by
RESIDENT or RESIDENT'S guest(s). RESIDENT is responsible for oil leaks and other vehicle discharges for which
RESIDENT shall be charged for cleaning if deemed necessary by OWNER.
10. NOISE: RESIDENT agrees not to cause or allow any noise or activity on the premises which might disturb the
peace and quiet of another RESIDENT and/or neighbor. Said noise and/or activity shall be a breach of this agreement.
11. DESTRUCTION OF PREMISES: If the premises become totally or partially destroyed during the term of this
Agreement so that RESIDENT'S use is seriously impaired, OWNER or RESIDENT may terminate this Agreement
immediately upon three day written notice to the other.
12. CONDITION OF PREMISES: RESIDENT acknowledges that he has examined the premises and that said
premises, all furnishings, fixtures, furniture, plumbing, heating, electrical facilities, all items listed on the attached
property condition checklist, if any, and/or all other items provided by OWNER are all clean, and in good satisfactory
condition except as may be indicated elsewhere in this Agreement. RESIDENT agrees to keep the premises and all
items in good order and good condition and to immediately pay for costs to repair and/or replace any portion of the
above damaged by RESIDENT, his guests and/or invitees, except as provided by law. At the termination of this
Agreement, all of above items in this provision shall be returned to OWNER in clean and good condition except for
reasonable wear and tear and the premises shall be free of all personal property and trash not belonging to OWNER. It
is agreed that all dirt, holes, tears, burns, and stains of any size or amount in the carpets, drapes, walls, fixtures, and/or
any other part of the premises, do not constitute reasonable wear and tear.
13. ALTERATIONS: RESIDENT shall not paint, wallpaper, alter or redecorate, change or install locks, install
antenna or other equipment, screws, fastening devices, large nails, or adhesive materials, place signs, displays, or
other exhibits, on or in any portion of the premises without the written consent of the OWNER except as may be
provided by law.
14: PROPERTY MAINTENANCE: RESIDENT shall deposit all garbage and waste in a clean and sanitary manner
into the proper receptacles and shall cooperate in keeping the garbage area neat and clean. RESIDENT shall be
responsible for disposing of items of such size and nature as are not normally acceptable by the garbage hauler.
RESIDENT shall be responsible for keeping the kitchen and bathroom drains free of things that may tend to cause
clogging of the drains. RESIDENT shall pay for the cleaning out of any plumbing fixture that may need to be cleared
of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, wash basins,
or sinks.
15. HOUSE RULES: RESIDENT shall comply with all house rules as stated on separate addendum, but which are
deemed part of this rental agreement, and a violation of any of the house rules is considered a breach of this
agreement.
16. CHANGE OF TERMS: The terms and conditions of this agreement are subject to future change by OWNER
after the expiration of the agreed lease period upon 30-day written notice setting forth such change and delivered to
RESIDENT. Any changes are subject to laws in existence at the time of the Notice of Change Of Terms. 17. TERMINATION: After expiration of the leasing period, this agreement is automatically renewed from month to
month, but may be terminated by either party giving to the other a 30-day written notice of intention to terminate.
Where laws require "just cause", such just cause shall be so stated on said notice. The premises shall be considered
vacated only after all areas including storage areas are clear of all RESIDENT'S belongings, and keys and other
property furnished for RESIDENT'S use are returned to OWNER. Should the RESIDENT hold over beyond the
termination date or fail to vacate all possessions on or before the termination date, RESIDENT shall be liable for
additional rent and damages which may include damages due to OWNER'S loss of prospective new renters.
18. POSSESSION: If OWNER is unable to deliver possession of the residence to RESIDENTS on the agreed date,
because of the loss or destruction of the residence or because of the failure of the prior residents to vacate or for any
other reason, the RESIDENT and/or OWNER may immediately cancel and terminate this agreement upon written
notice to the other party at their last known address, whereupon neither party shall have liability to the other, and any
sums paid under this Agreement shall be refunded in full. If neither party cancels, this Agreement shall be prorated
and begin on the date of actual possession.
19. INSURANCE: RESIDENT acknowledges that OWNERS insurance does not cover personal property damage
caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall OWNER be held liable
for such losses. RESIDENT is hereby advised to obtain his own insurance policy to cover any personal losses.
20. RIGHT OF ENTRY AND INSPECTION: OWNER may enter, inspect, and/or repair the premises at any time
in case of emergency or suspected abandonment. OWNER shall give 24 hours advance notice and may enter for the
purpose of showing the premises during normal business hours to prospective renters, buyers, lenders, for smoke
alarm inspections, and/or for normal inspections and repairs. OWNER is permitted to make all alterations, repairs and
maintenance that in OWNER'S judgment is necessary to perform.
21. ASSIGNMENT: RESIDENT agrees not to transfer, assign or sublet the premises or any part thereof.
22. PARTIAL INVALIDITY: Nothing contained in this Agreement shall be construed as waiving any of the
OWNER'S or RESIDENT'S rights under the law. If any part of this Agreement shall be in conflict with the law, that
part shall be void to the extent that it is in conflict, but shall not invalidate this Agreement nor shall it affect the
validity or enforceability of any other provision of this Agreement.
22. NO WAIVER: OWNER'S acceptance of rent with knowledge of any default by RESIDENT or waiver by
OWNER of any breach of any term of this Agreement shall not constitute a waiver of subsequent breaches. Failure to
require compliance or to exercise any right shall not be constituted as a waiver by OWNER of said term, condition,
and/or right, and shall not affect the validity or enforceability of any provision of this Agreement.
23. ATTORNEY FEES: If any legal action or proceedings be brought by either party of this Agreement, the
prevailing party shall be reimbursed for all reasonable attorney's fees and costs in addition to other damages awarded.
24. JOINTLY AND SEVERALLY: The undersigned RESIDENTS are jointly and severally responsible and liable
for all obligations under this agreement.
25. REPORT TO CREDIT/TENANT AGENCIES: You are hereby notified that a nonpayment, late payment or
breach of any of the terms of this rental agreement may be submitted/reported to a credit and/or tenant reporting
agency, and may create a negative credit record on your credit report.
26. LEAD NOTIFICATION REQUIREMENT: For rental dwellings built before 1978, RESIDENT acknowledges
receipt of the following: (Please check)
___ Lead Based Paint Disclosure Form
___ EPA Pamphlet 27. ADDITIONS AND/OR EXCEPTIONS
_______________________________________________________________
_______________________________________________________________.
28. NOTICES: All notices to RESIDENT shall be served at RESIDENT'S premises and all notices to OWNER shall
be served at _______________________________________________________________.
29. INVENTORY: The premises contains the following items, that the RESIDENT may use.
_______________________________________________________________.
30. KEYS AND ADDDENDUMS: RESIDENT acknowledges receipt of the following which shall be deemed part of
this Agreement: (Please check)
___ Keys #of keys and purposes ___________________________________________
___ House Rules ___ Pet Agreement ___ Other ________________________________
31. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between OWNER and RESIDENT.
No oral agreements have been entered into, and all modifications or notices shall be in writing to be valid.
32. RECEIPT OF AGREEMENT: The undersigned RESIDENTS have read and understand this Agreement and
hereby acknowledge receipt of a copy of this Rental Agreement.
RESIDENT'S Signature ___________________________________________________
Date__________________
RESIDENT'S Signature ___________________________________________________
Date__________________
OWNER'S or Agent's Signature ____________________________________________
Date__________________
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