Good lease clauses - Posted by DavidV

Real Estate Investing Vacation Rentals
1

Posted by JohnBoy on July 25, 2001 at 16:14:16:

Actually it’s 6 pages on legal size paper.

I have commercial leases that I am the tenant and those leases are 30 pages long on legal size paper.

This was a lease that my parents had added to over the years as they went through tenants. I took it a couple of years ago and made some changes to it and incorporated some things I used in my leases.

When I first seen their lease I said someone would have to be an idiot to sign that! They never had a problem with it and no one has ever questioned it. They just sign on the line! Since I made changes to it a couple of years ago I started using it. Still haven’t had any problems with it and this lease has been through court once already and nothing was said about it! The judge ordered the tenant to pay up!

I’m in the Chicago area.

2

Good lease clauses - Posted by DavidV

Posted by DavidV on July 25, 2001 at 13:28:21:

I’m in the process of revising some lease clauses (used with an option contract) and was curious if some of you guys might share some of your clauses. When i read Johnboy’s pet clause (must have been 3 pages :-), i figured some of you veterans must have some really cool clauses in there. So ante up and lets hear a few of those clauses you are especially proud of. Thanks.

David

3

Depends on where you live… - Posted by Sean

Posted by Sean on July 25, 2001 at 21:53:09:

…but I got burned real bad when I started out with a few problems.

I used to think that big security deposits meant big safety, but I’ve been forced to pay back the entire security deposit a couple of times even though I felt I was pretty clearly in the right. I live in Los Angeles County, California.

Anyway, I now charge a small security deposit and a comparatively larger rent. In fact I offer the 13th month free on a 12-month lease and increase the rent accordingly. This has a couple of benefits, because if a tenant turns into a problem after six months you’ve already collected an extra half-a-month’s rent over the fair market rental (which is good because problem tenants rarely pay) and the judge will never order you to give back rent, only to give back the security deposit.

Also it saves the need after a year to raise the rent. Rent raises make tenants cranky, but if you charge them 5-8% extra on the initial rent and give them the 13th month free then at the end of a year’s rent their rent raise is already built in.

4

Re: Good lease clauses - Posted by Sally

Posted by Sally on July 25, 2001 at 18:08:07:

This is the residential lease I currently use (I think I used Carlton Sheets’ lease as my basis). It is 4 pages on regular paper.

RESIDENTIAL LEASE AGREEMENT

This Residential Lease Agreement (?Agreement?) made this 7th day of June 2001, is between _______________ (hereinafter called ?Management?) and____________________ (hereinafter called ?Residents?). Management leases to Residents, and Residents rent from Management, the residential unit located at ______________________________________ (hereinafter called ?Premises?), under the following conditions:

TERM: The term of this lease shall be July 1, 2001 and ending June 30, 2002 (the ?Term?).

Following completion of the Term, this Agreement will become a month-to-month rental agreement and will automatically incorporate all the terms and conditions of this Agreement.

RENT: Rent is payable monthly, in advance, at a rate of _______________ Dollars (US$___.00), per month (the ?Rent?), to be electronically transferred during the Term of this Agreement by the second calendar day of each month to the Management?s bank account # ___________ at _________Bank, ____________________(address) or such other place Management may designate in writing to Residents. Rent that is transferred later than the 3rd calendar day of the month shall be subject to a $50.00 late fee.

The first month?s Rent for July 2001 and the Deposit shall be paid in certified funds at the time of move in.

EVICTION: If the Rent called for under this Agreement has not been paid by the fifteenth (15th) calendar day of the month or there is a breach of the conditions noted herein, then Management shall automatically and immediately have the right to take legal action to have the Residents, his/her family and possessions removed from the Premises.

INDEMNIFICATION DEPOSIT: Management shall hold _________ Dollars (US$___.00), as a deposit (the ?Deposit?) to indemnify the owner of Premises against damage to the property and for Residents? fulfillment of the conditions of this Agreement. The full Deposit shall be due to Management in certified funds at the time of move in. Deposit will be returned to Residents less a Seventy-Five Dollar (US$75.00) carpet cleaning charge, within fourteen (14) days after the Premises are vacated if:
(a) Term has expired and Agreement has been terminated with proper notice; and
(b) All monies due Management by Residents have been paid; and
(c) Premises are not damaged and are left in its original condition, normal wear and tear expected; and
(d) Management is in receipt of copy of paid final bills on all utilities for the Premises (includes electric, cable and telephone); and
(e) Deposit will not be returned if Residents leave or are evicted before Term is completed. Deposit may be applied by Management to satisfy all or part of Residents? obligations and such act shall not prevent Management from claiming such damages in excess of the Deposit. Residents may not apply the Deposit to any part of the Rent payment or last month?s Rent.

SUBLET: Residents may not sublet Premises or assign this lease without the written consent of Management.

FIRE AND CASUALTY: If Premises become uninhabitable by reason of fire, explosion, or by other casualty,
Management may at its option, terminate Agreement or repair damages within thirty (30) days of such casualty. If Management does not do repairs within this time or if building is fully destroyed, the Agreement hereby created is terminated. If Management elects to repair damage, Rent shall be abated and prorated from the date of such casualty to the date of re-occupancy, provided during repairs, Residents have vacated and removed Resident?s possessions as required by Management. The date of re-occupancy shall be the date of notice that the Premises are ready for re-occupancy.

RIGHT OF ACCESS: Management shall have the right of access to Premises for inspection and repair or
maintenance during reasonable hours. In case of emergency, Management may enter at any time to protect life and prevent damage to the Premises or surrounding buildings.

USE: Premises shall be used for residential purposes only and shall be occupied only by the persons named in Resident?s rental application. The presence of an individual or individuals, over the age of eighteen (18), residing on the Premises who is not a signator on this Agreement will be sufficient grounds for termination of this Agreement. Premises shall be used so as to comply with the state, county, and municipal laws and ordinances. Residents shall not use Premises or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with any neighbor?s quiet enjoyment of their residence.

PROPERTY LOSS: Management shall not be liable for damage to Resident?s property for any reason or cause
whatsoever, except where such is due to Management?s gross negligence. Residents acknowledge that they are aware that they are responsible for obtaining any desired insurance for fire, theft, earthquake, liability, etc. on personal possessions, family and guests.

PETS: No pets will be allowed inside Premises at any time, including visiting pets.

SMOKING: Smoking shall not be permitted inside the Premises at any time.

INDEMNIFICATION: Residents release Management from liability for and agrees to indemnify Management
against losses incurred by Management as a result of (a) Residents? failure to fulfill any condition of this Agreement; (b) any damage or injury happening in or about the Premises to Residents? invitees or licensees or such person?s property; (c) Residents failure to comply with any requirements imposed by any governmental authority; and (d) any judgment, lien, or other encumbrance filed against Premises as a result of Residents? action and/or breach of any term in this Agreement.

FAILURE OF MANAGEMENT TO ACT: Failure of Management to insist upon compliance with the terms of this Agreement shall not constitute a waiver of any violation or terms of this Agreement.

REMEDIES CUMULATIVE: All remedies under this Agreement or by law or equity shall be cumulative. If a suit
for any breach of this Agreement establishes a breach by Residents, Residents shall pay to Management all expenses incurred in connection therewith.

NOTICES: Any notice required by this Agreement shall be in writing and shall be delivered personally or mailed by registered or certified mail. The notice address for the Residents shall be the address of the Premises. The notice address for the Management will be _______________________________.

REPAIRS: Resident shall contact Management with any repair work that may be needed and Management will arrange for necessary repairs to be made within a reasonable period of time. Should a repair be of such a nature that immediate repair is necessary to prevent damage to the Premises (e.g. water pipe bursting), then Management authorizes Residents to call for emergency repair services as well as notifying Management. Should the cause of a needed repair be determined by a to be caused by the Residents, then the Residents will be financially responsible for said repair rather than Management (e.g. sink blocked with grease, toilet blocked with object, broken window). Residents are not permitted to perform any repair work themselves in the Premises. In addition, Residents shall keep Premises in a safe, clean, and sanitary condition at all times and Residents may not remodel, paint or structurally change, nor remove any fixture thereof without written permission from Management.

ABANDONMENT: If Residents remove or attempt to remove property from the Premises other than in the usual course of continuing occupancy, without first having paid Management all monies due, Premises may be considered abandoned, and Management shall have the right without notice, to store or dispose of any property remaining on the Premises that may belong to Residents. Management shall also have the right to store or dispose of any of Residents? property remaining on the Premises after the termination of this Agreement. Any such property shall be considered Management?s property and the title thereto shall vest in the Management.

MORTGAGEE?S RIGHTS: Residents? rights under this Agreement shall at all times be automatically junior
and subject to any deed to secure debt, which is now or shall hereafter be placed on Premises. If requested, Residents shall execute promptly any certificate that Management may request to specifically implement the subordination of this paragraph.

RULES AND REGULATIONS: (a) Signs: Residents shall not display any signs, exterior lights, or markings. No awnings or other projections (e.g. satellite dishes or antennas) shall be attached to the outside of the Premises.
(b) Locks: Residents are prohibited from adding locks to, changing, or in any way altering locks installed on all doors in the Premises. All keys, including pool keys, must be returned to Management upon termination of the occupancy.
(c) Entrances, patios, driveway space shall not be obstructed or used for any purpose other than ingress or egress.
(d) Parking: Non-operative vehicles are not permitted in driveway or parked in visitor or open parking surrounding Premises. Any such non-operative vehicle may be removed by Management at the expense of Residents owning same, for storage or public or private sales, at Management?s option, and Residents owning same shall have no right to recourse of Management therefore. If Resident?s vehicle(s) is of such a size that it may impede ingress and egress to neighboring properties, such vehicle will not be allowed to be parked in the driveway of the premises and must be parked on the street.
(e) Storage: No goods or materials of any kind or description which are combustible or would increase fire risk or shall in any way increase the fire insurance rate with respect to the Premises or any law or regulation, may be taken or placed in a storage area or the Premises itself. Storage in all such areas shall be at the Residents? risk and Management shall not be responsible for any loss or damage.
(f) Walls: no nails, screws or adhesive hangers, except standard picture hooks, shade brackets, and curtain rod brackets may be placed in walls, woodwork, or any other location in or outside of Premises.
(g) Guest: Residents shall be responsible and liable for the conduct of his/her guests. Actions of guests in violation of this Agreement may be deemed by Management to be a breach by Residents of this Agreement. No guest may stay longer than ten (10) days without written permission of Management.
(h) Noise: All radios, television sets, stereos, etc. must be turned to a level of sound that does not annoy or interfere with neighbors. Management requests that particular sensitivity to noise must be displayed in the warmer months when windows may be open.

TERMINATION: Once the Term has been completed and this Agreement becomes a month-to-month rental agreement, either party, with thirty (30) days written notice may terminate the Agreement. However, if the Residents are in breach of any of the conditions noted herein, Management reserves the right to proceed with an immediate eviction order to terminate this Agreement.

ENTIRE AGREEMENT: This Agreement shall constitute the entire Agreement between the parties with respect to its subject matter and merges all prior and contemporaneous communications, both written and
oral, including prior leases between the parties to this Agreement. It is the intention of the parties herein that if any part of this Agreement is rendered invalid for any reason, such invalidity shall not void the remainder of the Agreement.

IN WITNESS WHEREOF, the signing of this Agreement is acknowledgement of acceptance of the terms
of this Agreement.

__________________________ (Resident)

(signature)

(date)

_________________________ (Resident)

(signature)

(date)

_______________________________ (Management)

(signature)

(date)

5

Re: Good lease clauses - Posted by Sally

Posted by Sally on July 25, 2001 at 18:01:31:

This is the residential lease I currently use (I think I used Carlton Sheets as my basis). It is 4 pages on regular paper.

RESIDENTIAL LEASE AGREEMENT

This Residential Lease Agreement (?Agreement?) made this 7th day of June 2001, is between _______________ (hereinafter called ?Management?) and____________________ (hereinafter called ?Residents?). Management leases to Residents, and Residents rent from Management, the residential unit located at ______________________________________ (hereinafter called ?Premises?), under the following conditions:

TERM: The term of this lease shall be July 1, 2001 and ending June 30, 2002 (the ?Term?).

Following completion of the Term, this Agreement will become a month-to-month rental agreement and will automatically incorporate all the terms and conditions of this Agreement.

RENT: Rent is payable monthly, in advance, at a rate of _______________ Dollars (US$___.00), per month (the ?Rent?), to be electronically transferred during the Term of this Agreement by the second calendar day of each month to the Management?s bank account # ___________ at _________Bank, ____________________(address) or such other place Management may designate in writing to Residents. Rent that is transferred later than the 3rd calendar day of the month shall be subject to a $50.00 late fee.

The first month?s Rent for July 2001 and the Deposit shall be paid in certified funds at the time of move in.

EVICTION: If the Rent called for under this Agreement has not been paid by the fifteenth (15th) calendar day of the month or there is a breach of the conditions noted herein, then Management shall automatically and immediately have the right to take legal action to have the Residents, his/her family and possessions removed from the Premises.

INDEMNIFICATION DEPOSIT: Management shall hold _________ Dollars (US$___.00), as a deposit (the ?Deposit?) to indemnify the owner of Premises against damage to the property and for Residents? fulfillment of the conditions of this Agreement. The full Deposit shall be due to Management in certified funds at the time of move in. Deposit will be returned to Residents less a Seventy-Five Dollar (US$75.00) carpet cleaning charge, within fourteen (14) days after the Premises are vacated if:
(a) Term has expired and Agreement has been terminated with proper notice; and
(b) All monies due Management by Residents have been paid; and
(c) Premises are not damaged and are left in its original condition, normal wear and tear expected; and
(d) Management is in receipt of copy of paid final bills on all utilities for the Premises (includes electric, cable and telephone); and
(e) Deposit will not be returned if Residents leave or are evicted before Term is completed. Deposit may be applied by Management to satisfy all or part of Residents? obligations and such act shall not prevent Management from claiming such damages in excess of the Deposit. Residents may not apply the Deposit to any part of the Rent payment or last month?s Rent.

SUBLET: Residents may not sublet Premises or assign this lease without the written consent of Management.

FIRE AND CASUALTY: If Premises become uninhabitable by reason of fire, explosion, or by other casualty,
Management may at its option, terminate Agreement or repair damages within thirty (30) days of such casualty. If Management does not do repairs within this time or if building is fully destroyed, the Agreement hereby created is terminated. If Management elects to repair damage, Rent shall be abated and prorated from the date of such casualty to the date of re-occupancy, provided during repairs, Residents have vacated and removed Resident?s possessions as required by Management. The date of re-occupancy shall be the date of notice that the Premises are ready for re-occupancy.

RIGHT OF ACCESS: Management shall have the right of access to Premises for inspection and repair or
maintenance during reasonable hours. In case of emergency, Management may enter at any time to protect life and prevent damage to the Premises or surrounding buildings.

USE: Premises shall be used for residential purposes only and shall be occupied only by the persons named in Resident?s rental application. The presence of an individual or individuals, over the age of eighteen (18), residing on the Premises who is not a signator on this Agreement will be sufficient grounds for termination of this Agreement. Premises shall be used so as to comply with the state, county, and municipal laws and ordinances. Residents shall not use Premises or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with any neighbor?s quiet enjoyment of their residence.

PROPERTY LOSS: Management shall not be liable for damage to Resident?s property for any reason or cause
whatsoever, except where such is due to Management?s gross negligence. Residents acknowledge that they are aware that they are responsible for obtaining any desired insurance for fire, theft, earthquake, liability, etc. on personal possessions, family and guests.

PETS: No pets will be allowed inside Premises at any time, including visiting pets.

SMOKING: Smoking shall not be permitted inside the Premises at any time.

INDEMNIFICATION: Residents release Management from liability for and agrees to indemnify Management
against losses incurred by Management as a result of (a) Residents? failure to fulfill any condition of this Agreement; (b) any damage or injury happening in or about the Premises to Residents? invitees or licensees or such person?s property; (c) Residents failure to comply with any requirements imposed by any governmental authority; and (d) any judgment, lien, or other encumbrance filed against Premises as a result of Residents? action and/or breach of any term in this Agreement.

FAILURE OF MANAGEMENT TO ACT: Failure of Management to insist upon compliance with the terms of this Agreement shall not constitute a waiver of any violation or terms of this Agreement.

REMEDIES CUMULATIVE: All remedies under this Agreement or by law or equity shall be cumulative. If a suit
for any breach of this Agreement establishes a breach by Residents, Residents shall pay to Management all expenses incurred in connection therewith.

NOTICES: Any notice required by this Agreement shall be in writing and shall be delivered personally or mailed by registered or certified mail. The notice address for the Residents shall be the address of the Premises. The notice address for the Management will be _______________________________.

REPAIRS: Resident shall contact Management with any exterior repair work that may be needed and Management will arrange for necessary repairs to be made within a reasonable period of time. Should a repair be of such a nature that immediate repair is necessary to prevent damage to the Premises (e.g. water pipe bursting), then Management authorizes Residents to call for emergency repair services as well as notifying Management. Should the cause of a needed repair be determined by a to be caused by the Residents, then the Residents will be financially responsible for said repair rather than Management (e.g. sink blocked with grease, toilet blocked with object, broken window). Residents are not permitted to perform any repair work themselves in the Premises. In addition, Residents shall keep Premises in a safe, clean, and sanitary condition at all times and Residents may not remodel, paint or structurally change, nor remove any fixture thereof without written permission from Management.

ABANDONMENT: If Residents remove or attempt to remove property from the Premises other than in the usual course of continuing occupancy, without first having paid Management all monies due, Premises may be considered abandoned, and Management shall have the right without notice, to store or dispose of any property remaining on the Premises that may belong to Residents. Management shall also have the right to store or dispose of any of Residents? property remaining on the Premises after the termination of this Agreement. Any such property shall be considered Management?s property and the title thereto shall vest in the Management.

MORTGAGEE?S RIGHTS: Residents? rights under this Agreement shall at all times be automatically junior
and subject to any deed to secure debt, which is now or shall hereafter be placed on Premises. If requested, Residents shall execute promptly any certificate that Management may request to specifically implement the subordination of this paragraph.

RULES AND REGULATIONS: (a) Signs: Residents shall not display any signs, exterior lights, or markings. No awnings or other projections (e.g. satellite dishes or antennas) shall be attached to the outside of the Premises.
(b) Locks: Residents are prohibited from adding locks to, changing, or in any way altering locks installed on all doors in the Premises. All keys, including pool keys, must be returned to Management upon termination of the occupancy.
(c) Entrances, patios, driveway space shall not be obstructed or used for any purpose other than ingress or egress.
(d) Parking: Non-operative vehicles are not permitted in driveway or parked in visitor or open parking surrounding Premises. Any such non-operative vehicle may be removed by Management at the expense of Residents owning same, for storage or public or private sales, at Management?s option, and Residents owning same shall have no right to recourse of Management therefore. If Resident?s vehicle(s) is of such a size that it may impede ingress and egress to neighboring properties, such vehicle will not be allowed to be parked in the driveway of the premises and must be parked on the street.
(e) Storage: No goods or materials of any kind or description which are combustible or would increase fire risk or shall in any way increase the fire insurance rate with respect to the Premises or any law or regulation, may be taken or placed in a storage area or the Premises itself. Storage in all such areas shall be at the Residents? risk and Management shall not be responsible for any loss or damage.
(f) Walls: no nails, screws or adhesive hangers, except standard picture hooks, shade brackets, and curtain rod brackets may be placed in walls, woodwork, or any other location in or outside of Premises.
(g) Guest: Residents shall be responsible and liable for the conduct of his/her guests. Actions of guests in violation of this Agreement, Manager?s or the Islandaire Homeowner?s Association rules and regulations may be deemed by Management to be a breach by Residents of this Agreement. No guest may stay longer than ten (10) days without written permission of Management.
(h) Noise: All radios, television sets, stereos, etc. must be turned to a level of sound that does not annoy or interfere with neighbors. Management requests that particular sensitivity to noise must be displayed in the warmer months when windows may be open.

TERMINATION: Once the Term has been completed and this Agreement becomes a month-to-month rental agreement, either party, with thirty (30) days written notice may terminate the Agreement. However, if the Residents are in breach of any of the conditions noted herein, Management reserves the right to proceed with an immediate eviction order to terminate this Agreement.

ENTIRE AGREEMENT: This Agreement shall constitute the entire Agreement between the parties with respect to its subject matter and merges all prior and contemporaneous communications, both written and
oral, including prior leases between the parties to this Agreement. It is the intention of the parties herein that if any part of this Agreement is rendered invalid for any reason, such invalidity shall not void the remainder of the Agreement.

IN WITNESS WHEREOF, the signing of this Agreement is acknowledgement of acceptance of the terms
of this Agreement.

__________________________ (Resident)

(signature)

(date)

_________________________ (Resident)

(signature)

(date)

_______________________________ (Management)

(signature)

(date)

6

Re: Good lease clauses - Posted by JohnBoy

Posted by JohnBoy on July 25, 2001 at 13:45:10:

Here’s a lease we use. This is just a lease without an option. The option is a seperate agreement.

Check with a qualified attorney to make sure anything used in this lease conforms with any laws pertaining to your state before using any part of this lease.

RESIDENTIAL LEASE AGREEMENT

THIS LEASE AGREEMENT is made and entered into this _____ day of _________, 20 by and between

_________________________________________________________________________ hereinafter referred to as ?Landlord? and

_________________________________________________________________________ hereinafter referred to as ?Tenant?.

The words ?Landlord? and ?Tenant? wherever herein occurring and used, shall be construed to mean ?Landlords? and ?Tenants? in the event more than one person constitutes either party to this lease; and all the covenants and agreements herein contained shall be binding upon, and inure to, their respective successors, heirs, executors, administrators and assigns and be exercised by his or their attorney or agent.

PROPERTY ADDRESS. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions contained herein, the dwelling located at ___________________________________________________ in the County of _________
In the State of _________________, and more particularly described as follows: _______________________________, together with all appurtenances, for a term of _________________________, to commence on ____________, 20, and to terminate on _____________________, 20, at 12:00 A.M.

Rent. Tenant agrees to pay, without demand, to Landlord as rent for the demised premises the sum of ___________________ ___________________ Dollars ($ ) per month in advance, due and payable monthly, on the 25th day of the previous month for which rent is due. Rent may be mailed through the United States Postal Service at Tenant?s risk. Any rents late or lost in the mail will be treated as if unpaid until received by Landlord. Tenant further agrees to pay a late charge of $50.00, plus $5.00 per day for each day the entire rent is not received by the Landlord by the first of the month regardless of the cause, including dishonored checks, time being of the essence. If rent is received after the first of the month and late fees and/or ?additional rents? as defined herein are not included with such payment, rent will be considered ?unpaid.? Any payments received by Landlord will be applied first towards late fees and/or other additional charges, then toward rent. An additional Service Charge of $20.00 will be paid to Landlord for all dishonored checks. If Tenant bounces any rent checks, Landlord shall have the right to demand cash or money orders on all future payments.

Security Deposit. Tenant(s) have paid to Landlord the sum of $_______________ as a security deposit. Tenant may not, without Landlord?s prior written consent, apply this security deposit to the last months rent or to any other sum due under this lease. Landlord, may, in his/her discretion, apply part or all of this security towards unpaid rents, late charges or any other charges due under this lease agreement. Within 30 days after Tenant has vacated the premises in ?broom clean? condition, removed all personal effects and rubbish, returned keys and provided Landlord with a forwarding address, Landlord will give Tenant an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by the Landlord, along with a check for any deposit balance. Any portion of the security deposit to be returned to Tenant, shall be returned IF, and only IF, Tenant has remained for (1) one year from the date of signing this lease, and all covenants and agreements are performed. Tenant agrees and has deposited with Landlord the security deposit stated above for the performance of all covenants and agreements of Tenant hereunder. Landlord may apply all or any portion thereof, in payment of any amounts due Landlord from Tenant, and upon Landlord?s demand, Tenant shall in such case during the term of this lease, promptly deposit with Landlord such additional amounts as may then be required to bring the security deposit up to the full amount stated above.

Quiet Enjoyment. Landlord covenants that on paying the rent and performing the covenants herein contained, Tenant shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term.

Use of Premises. The demised premises shall be used and occupied by Tenant exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family residence. Tenant shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease. The premises shall not be used as a ?lodging? house, nor for a school, nor to give instructions in music, dancing, singing, and no rooms shall be offered for rent or lease by placing notices on any door, windows, walls, or any other part of the premises, nor by advertising the same directly or indirectly, in any newspaper or otherwise, nor shall any signs be exhibited on or at any windows or exterior portions of the premises, or the home without the consent of Landlord in writing.

Occupants. Tenant agrees to use said dwelling as living quarters only for ____ adults and ____ children, namely: _________ __________________________________________________________ and to pay $50.00 each month for each other person who shall occupy the premises in any capacity.

No Pets Allowed. All pets on the property not registered under this lease shall be presumed to be strays and will be disposed of by the appropriate agency as prescribe by law. Any pets kept on the property without the permission of the Landlord in writing shall be a complete and material breach of the lease. Absolutely NO Dogs OR Cats OR Pets of ANY KIND allowed on the premises. Pets will not and shall not be allowed for even a short term basis I.E., not even one or two days. There shall be a $20.00 per day fine for any Tenant that allows or has any pet(s) residing at or on the premises. This shall include, but not limited to, visiting pets. ?PETS? shall include, but is not limited to, both, warm and cold blooded animals, such as dogs, cats, fish, hamsters, rats, mice, birds, snakes, lizards, and insects. This lease states; ?NO PETS ALLOWED.? If, at ANY TIME, it is found that ANY PET(S) are being kept or have been kept on the premises, a Non-refundable charge shall be demanded immediately to cover carpet replacement in the amount of what ever the cost is and could cost $3,500.00 or more, in addition to the $20.00 per day. NO PETS shall be kept within or about the premises. If it is found by the Landlord that any Tenant had kept a pet within or on the premises after Tenant vacates, Tenant?s security deposit shall be non-refundable and the above will be in effect. This can and shall put the Tenant in Default and/or in breach of this lease agreement. Any fines, fees, and/or costs paid by Tenant as result of having kept any pet within or on the premises shall not constitute any waiver of this lease by allowing Tenant to keep any pets of any kind.

Assignment and Subletting. Tenant shall not assign this lease, nor sublet any portion of the property, nor allow any other person to live therein other than as named in above, nor grant any concession or license to use the premises or any part thereof, without first obtaining written permission from Landlord and paying the appropriate surcharge. Further, it is agreed that covenants contained in this lease, once breached, cannot afterward be performed, and that unlawful detainer proceedings may be commenced at once, without notice to tenant. A consent by Landlord to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without prior written consent of Landlord, or an assignment or subletting by operation of law, shall be void and shall, at Landlord?s option, terminate this lease.

Maintenance & Repairs and Condition of Property. Tenant has examined and knows the condition of the premises, and has received the same in good order and repair except as herein otherwise specified, and no representation as to the condition or repair thereof have been made by Landlord and/or Landlord?s agent prior to, or at the execution of this lease, that are not herein expressed or endorsed hereon; and upon the termination of this lease in any way, Tenant shall immediately yield up the premises to Landlord in as good condition as when the same were entered upon by Tenant, ordinary wear and tear only excepted, and shall then return all keys to Landlord. Except as required by law, Tenant shall be responsible for all repairs, maintenance, costs, and service charges to the property. Tenant shall take an active role to insure that the property stays in excellent condition. Tenant agrees that he/she has had adequate opportunity to inspect the condition of the property and Landlord makes no warranties or representations about the condition of the property, the improvements, utilities, electrical, plumbing, appliances or any latent defects of the property, the improvements, utilities, electrical, plumbing, appliances, or the neighborhood. Tenant will not make any alterations to the property without prior written consent of the Landlord. Any work performed on the premises whether by Tenant or other parties contracted by Tenant shall be as an independent contractor or agent of the Tenant and not an employee or agent of the Landlord. Tenant further warrants that he/she will be accountable for any mishaps and/or accidents resulting from such work, and will defend, indemnify and hold the Landlord and Landlord?s agents free from claims of any other person or entity. All improvements to the property shall be the property of the Landlord and remain attached and a part of the property when Tenant vacates. Tenant shall, at Tenant?s sole expense , keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Tenant shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean; keep the electrical bells in order; keep the walks free from dirt and debris; and, at Tenant?s sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Tenant?s misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not due to Tenant?s misuse, waste, or neglect or that of his employee, family, agent, or visitor, shall be the responsibility of Landlord or his assigns. Tenant agrees that no signs shall be placed or painting done on or about the leased premises by Tenant or at Tenant?s direction without the prior written consent of Landlord.

Dangerous Materials. Tenant shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

Utilities. Tenant shall be responsible for arranging for and paying for all utility services required on the premises, including, but not limited to, electric, gas, water and sewer, phone, garbage, association fees or other bills incurred during the term of this lease.

Right of Inspection. Landlord and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises and all building and improvements thereon.

Display of Signs. During the last 60 days of this lease, Landlord or his agent shall have the privilege of displaying the usual ?For Sale? or ?For Rent? or ?Vacancy? signs on the demised premises and of showing the property to prospective purchasers or tenants.

Emergency Access. Landlord has the right of emergency access to the leased premises at any time and access during reasonable hours to inspect the property or, at reasonable times, to show property to a prospective tenant.

Subordination of Lease. This lease and Tenant?s leasehold interests hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or herein after placed on the demised premises by Landlord, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances.

Holdover by Tenant. Should Tenant remain in possession of the demised premises with the consent of Landlord after the natural expiration of this lease, a new month-to-month tenancy shall be created between Landlord and Tenant which shall be subject to all the terms and conditions hereof but shall be terminated on 30 days written notice served by either Landlord or Tenant on the other party.

Surrender of Premises. At the expiration of the lease term, Tenant shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by elements excepted.

Enforceability. Should any provision of this lease be found to be invalid or unenforceable, the remainder of the lease shall not be affected thereby and each term and provision herein shall be valid and enforceable to the fullest extent permitted by law.

No Waiver. All rights given to Landlord by this lease shall be cumulative to any other laws which might exist or come into being. Any exercise or failure to exercise by Landlord of any right shall not act as a waiver of any other rights. No statement or promise of Landlord or his agent as to tenancy, repairs, alterations, or other terms and conditions shall be binding unless reduced to writing and signed by Landlord.

Tenant(s) have read and acknowledged all the terms and conditions of this page pertaining to the lease;

TENANT _________________________________________ TENANT __________________________________________

Alterations and Improvements. Tenant shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Landlord. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Tenant, with the exception of fixtures removable without damage to the premises and moveable personal property, shall, unless otherwise provided by written agreement between Landlord and Tenant, be the property of Landlord and remain on the demised premises at the expiration or sooner termination of this lease.

Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Tenant?s negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Landlord and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenantable; but, if the leased premises should be damaged other than by Tenant?s negligence or willful act or that of his employee, family, agent, or visitor to the extent that Landlord shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage.

Default. To further clarify the terms of the lease, the Tenant shall make certain that rent is received by the Landlord before the first of the month. A 5-day notice of non-payment will be served on the Tenant if rent is not received by the first of the month, regardless of fault of the Tenant or the U.S. Postal Service. Notwithstanding the foregoing, the lease will be deemed materially and incurably breached and terminated if the rent and/or any additional rent is not paid by the fifteenth of any month for which rent is due. The acceptance by Landlord of partial payments of rent due shall not, under any circumstances, constitute a waiver of Landlord, nor affect any notice or legal proceeding in unlawful detainer theretofore given or commenced under state law. If Tenant defaults on any other provisions of the lease, including, but not limited to any misrepresentations on Tenant?s application, Landlord, at his option, can elect to continue the lease or terminate the lease and take possession by any lawful means. Landlord is not required to give any notice to cure a violation of the lease other than as required by law. If default be made in the payment of the above rent, or any part thereof, or in any of the covenants herein contained to be kept by the Tenant, Landlord may at any time thereafter, at his election, declare said term ended and re-enter the premises or any part thereof, with or (to the extent permitted by law) without notice or process of law, and remove Tenant or any person occupying the same, without prejudice to any remedies which might otherwise be used for arrears of rent, and Landlord shall have at all times the right to detain for rent due, and shall have a valid and first lien upon all personal property which Tenant now owns, or may hereafter acquire or have an interest in, which is by law subject to such distraint, as security for payment of the rent herein reserved. Tenant?s covenant to pay rent is and shall be independent of each other covenant of this lease. Tenant agrees that any claim by Tenant against Landlord shall not be deducted from rent nor set off against any claim for rent in any action. If the rent called for in this lease hereof has not been paid by the fifteenth of the month, then Landlord shall automatically and immediately have the right to take out a Disspossessory Warrant or what ever is required to have Tenant, Tenant?s family and possessions evicted from the premises.

Insurance. Tenant agrees to cover all personal property with a ?Renters Insurance Policy? and/or hold Landlord blameless on any and all claims resulting from fire, earthquake, theft, water damage, Act of God, sewer backup, and any and all foreseen and/or unforeseen acts directly or indirectly caused by Landlord or Landlord?s agent.

Ordinances and Statutes. Tenant shall comply with all municipal, county, state, and federal law, statutes and ordinances now in effect, or which shall be enacted in the future, and any violation thereof shall be a complete and material breach of the lease.

Legal Action. Tenant agrees, without protest, to reimburse Landlord for all actual and reasonable expenses incurred by way of Tenant?s violation of any term or provision of this lease, including, but not limited to $20.00 for each Notice to Pay, Notice to Quit or other notice mailed or delivered by Landlord to Tenant due to Tenant?s non-payment of rent or other breach of lease, all court costs and attorney?s fees and all costs of collection. Any such costs shall be due immediately as ?additional rent.? Any payments received by Landlord will be applied first towards late fees and/or other additional charges, then toward rent. Both Landlord and Tenant waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in the County in which the property is located. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action accrued. It is further agreed, by the parties hereto, that after the service of notice or the commencement of a suit or after final judgement for possession of the demised premises, Landlord may receive and collect any rent due and the payment of said rent shall not waive or affect said notice, said suit, or said judgement. Tenant will pay and discharge all costs, attorney?s fees and expenses that shall be made and incurred by Landlord in enforcing the covenants and agreements of this lease.

Waiver of Claims. Tenant hereby waives any and all right to assert affirmative defenses or counterclaims in any eviction action instituted by Landlord with the exception of an affirmative defense based upon payment of all amounts claimed by Landlord not to have been paid by Tenant. Other matters may only be advanced by Tenant in a separate suit.

Abandonment. If at any time during the term of this lease Tenant abandons the demised premises or any part thereof, Landlord may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Tenant for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Tenant, relet the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord?s option, hold Tenant liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord?s right of re-entry is exercised following abandonment of the premises by Tenant, then Landlord may consider any personal property belonging to Tenant and left on the premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and is hereby relieved of all liability for doing so.

Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease.

Tenant(s) have read and acknowledged all the terms and conditions of this page pertaining to the lease;

TENANT _________________________________________ TENANT __________________________________________

Other Terms:

  1. The rights and remedies of Landlord under this lease are cumulative. The exercise or use of any one or more thereof shall not bar Landlord from exercising or use of any other right or remedy provided herein or otherwise provided by law, nor shall exercising nor use of any right or remedy by Landlord waive any other right or remedy.
  2. Tenant shall clean refrigerator and range when they surrender the premises or a charge of $40.00 shall be deducted from Tenant?s security deposited for each appliance.
  3. Tenant shall clean inside and outside of refrigerator, range, and range hood, or a charge of $40.00 shall be deducted from Tenant?s security deposit.
  4. Tenant shall be responsible to keep furnace filter clean and to change filter if and when needed. Tenant shall be responsible for normal maintenance of furnace and keep filters, heat and air ducts clean. If any abuse or negligence on Tenant?s part in maintaining furnace and keeping filters clean, the cost of repairs shall be deducted from Tenant?s security deposit.
  5. Tenant shall be responsible for normal maintenance and abuse or negligence of water heater. Any cost for repairs shall be deducted from Tenant?s security deposit.
  6. Tenant shall be responsible to keep windows and screens clean at all times during the term of this lease. Upon Tenant vacating the premises, all windows and screens shall be cleaned by Tenant or Landlord shall deduct any cost to clean from Tenant?s security deposit.
  7. Tenant shall be responsible for maintaining lawn, shrubs, and the surrounding property shall be kept clear of any rubbish and weeds. Lawns, shrubs, and the surrounding property shall be kept in reasonably good condition at all times. In the event Tenant does not maintain lawns, shrubs, and the surrounding property in good condition, Landlord shall have the right, at Landlords option, may contract a gardening service to maintain the property and add the cost to Tenant?s rent each month, in which Tenant agrees to pay in addition to the monthly rents.
  8. Tenant shall be responsible to mow lawn when vacating or Landlord shall have the right to contract a gardening service and deduct the cost from Tenant?s security deposit.
  9. Tenant shall be responsible for opening, closing, and paying any and all costs incurred by Tenant by any and all utilities while Tenant has occupied the premises, including, but not limited to; electric, gas, water, phone, garbage, and sewer. Any costs incurred by Tenant that has not been paid, Landlord shall have the option to pay any unpaid costs, but not the obligation to pay, and deduct any and all costs from Tenant?s security deposit.
  10. Tenant shall be responsible for trash and rubbish service. Tenant shall obtain and maintain trash and rubbish service from the appropriate utility company. Any unpaid costs by Tenant, then Landlord shall have the option to add any cost to Tenant?s monthly rents and deduct any unpaid costs incurred from Tenant?s security deposit.
  11. Except for those windows which are noted in writing as being cracked or broken upon Tenant moving in, Tenant agrees to, and shall be responsible for any windows in which become cracked or broken on the demised premises while Tenant has possession of the property under the terms of this lease. Tenant may hire a glazier or submit a maintenance request to Landlord, in which Landlord shall have the option to hire a glazier to repair or replace any windows cracked or broken and add the cost of repair or replacement to Tenant?s rent on the following month rent is due. If Tenant has vacated the property, Landlord shall have the right to deduct any and all costs from Tenant?s security deposit. Landlord will limit this expense to the least expensive bid Tenant submits from a professional glazier providing Landlord receives such bids from Tenant prior to Landlord having any repairs or replacement of cracked or broken windows repaired or replaced, otherwise Landlord shall deduct Landlord?s actual cost from the security deposit.
  12. Tenant shall be responsible for any and all screens on the demised premises. Landlord shall deduct any costs of repairing or replacing any screens torn or damaged upon Tenant vacating the premises.
  13. Tenant has inspected the property and Tenant acknowledges that the dwellings sewage drains are in good working order at time of possession and that sewage drains will accept the normal household waste for which they were designed for. The sewage drains WILL NOT except things such as, Paper Diapers, Sanitary Napkins, Tampons, Children?s Toys, Cigarette Butts, Wads of Toilet Paper, Balls of Hair, Grease, Oil, Table Scraps, Clothing, Rags, Sand, Dirt, Rocks, or Newspapers. Tenant agrees to pay for clearing any drains pertaining to any and all stoppages except those for which a licensed plumber is called to clear any stoppage and will attest to in writing were caused by defective plumbing, tree roots, or Acts of God.
  14. Tenant shall pay for any and all repairs pertaining to all damages caused by Tenant, Tenant?s guest, Tenant?s visitors, regardless of cause whether caused directly or indirectly.
  15. Landlord shall reserve the right to determine when the dwelling will be painted unless there is any law to the contrary.
  16. Tenant shall be responsible to test and replace any batteries in smoke alarms and any other safety devices.
  17. Tenant SHALL NOT keep any Liquid-filled furniture in the leased dwelling at any time. NO WATERBEDS ALLOWED.
  18. Absolutely NO boats, large trucks, trailers, or recreational vehicles are to be parked on, in front, or around the premises at any time without consent of the Landlord in writing.
  19. Any and all paint and/or wallpaper must be first approved by Landlord in writing prior to Tenant performing such work on the property.
  20. Tenants may not house any guest for more than a maximum period of (14) fourteen days during any (6) six month period or for whatever other period of time the law allows, provided that such guest maintains a separate residence. Nurses or maids required to care for Tenants during an illness are excepted with written permission from Landlord, in which Landlord will not reasonably withhold.
  21. Abrasive cleaners shall not be used on bathtubs, sinks, vanity tops, or on any counter tops.
  22. Any Tenant that has caused any color other than Off White to be placed on the interior walls or ceilings shall be charged the cost of restoring the walls or ceilings back to their original off white color and Landlord shall add such costs to the following months rent due by Tenant or if Tenant has vacated, Landlord shall deduct such costs from the Tenant?s security deposit.
  23. Tenant shall not nail or attach anything to the vanities, kitchen cabinets, or any doors inside or outside of the property.

Tenant(s) have read and acknowledged all the terms and conditions of this page pertaining to the lease;

TENANT _________________________________________ TENANT __________________________________________

  1. Tenant shall be responsible for the cost of carpet cleaning if the carpet shows more than reasonable wear in Landlords
    opinion. Landlord shall deduct any and all costs from the security deposit.
  2. Tenant shall be responsible for any holes or stains in carpet and pay for the costs of repair or replacement if carpet is unrepairable.
  3. Tenant shall not store anything under deck.
  4. Landlord and Tenant has agreed that whenever it shall be necessary or desirable for Landlord to serve any notice or demand upon Tenant, it shall be sufficient to deliver or cause to be delivered to Tenant, a written or printed copy thereof, or to send a written or printed copy thereof, by United States Certified Mail, postage pre-paid, addressed to Tenant at the demised premises, in which event the notice or demand shall be deemed to have been served at the time copy is mailed.
  5. Tenant shall not put nails, screws, etc. into the wood on the outside of the dwelling or shed without written permission of the Landlord.
  6. Tenant shall maintain all light bulbs inside and outside of the property when vacating. Landlord shall deduct any cost of replacing light bulbs not in working order when Tenant vacates from the security deposit.
  7. Tenant shall maintain and keep the basement floors clean at all times.
  8. Tenant shall not nail or attach anything to any wood walls in or on the demised premises.
  9. Tenant shall give Landlord written notice at least 30 days prior to Tenant?s lease expiring on whether Tenant wishes to renew the lease for another term.
  10. Tenant shall vacate the premises by midnight on the last day of Tenant?s lease expiring and return all keys to Landlord. Landlord shall deduct $3.00 for each key not returned to Landlord by Tenant.
  11. Tenant agrees to leave a forwarding address and phone number with Landlord when Tenant vacates the premises. Tenant agrees that Landlord shall hold any portion of Tenant?s security deposit until Tenant contacts Landlord with a forwarding address and phone number at which time Landlord shall return any portion of the security deposit to the Tenant within 30 days from that date.
  12. Tenant shall keep all blinds and ceiling fans clean and Landlord shall deduct any cost involved from the security deposit if not cleaned when Tenant vacates.
  13. Tenant shall keep garage floor and windows clean at all times.
  14. Tenant shall not put anything wet or put any nails, screws, etc. on or into the oak rails in kitchen dining area.
  15. Tenants shall keep all windows and doors closed and locked at all times when not on the premises.
  16. Tenant shall not allow their children or guests to climb trees on the premises.
  17. Tenant shall keep stairs clean and free from any debris at all times.
  18. Tenant shall not dig up any soil for planting, etc. without written consent from Landlord.
  19. Parking; Non-operative vehicles are not permitted on the premises. Any such non-operative vehicles may be removed by Landlord or Landlord?s agent at the expense of the Tenant, for storage, towing, or public sale, at Landlord?s option, and Tenant or owner of such vehicle shall have no right of recourse against Landlord or Landlord?s agent thereof.
  20. Tenant is prohibited from adding, changing, or in any way altering locks installed on any doors on the premises, without written consent from the Landlord, and if Landlord should give such written consent, Tenant shall give Landlord a key to such locks.
  21. Tenant shall be charged for any other damages in or on the property made from Landlord?s final inspection when Tenant vacates, and Landlord shall deduct any charges from the security deposit.
  22. Tenant shall pay for any repair charges for any nail, screw, or other holes made in the walls, cabinets, or doors, and Landlord shall deduct any charges not paid from Tenant?s security deposit.
  23. Tenant shall register all telephone numbers with the Landlord immediately upon installation or if and when Tenant changes such telephone numbers. Tenant?s failure to comply will be treated as a breach of this lease agreement.
  24. Due to local, county, state, and federal laws, Tenant Shall Not make or cause to be made, any oil changes or major auto repairs on the premises.
  25. Tenant shall be responsible for normal maintenance of range, refrigerator, and/or any other appliances supplied by Landlord and if there shall be any abuse or neglect of any appliance on the part of the Tenant, the charge for any repair shall be added to the following months rent or deducted from the security deposit when Tenant vacates. A labor charge of $40.00 and up, shall be made for any appliance. Charges for any other damage shall be made upon final inspection of the premises when Tenant vacates and deducted from the security deposit.
  26. Should Tenant decide to vacate the premises for any reason, resulting in staying for less than one year from the date of this lease, the following shall apply; A. Tenant must notify Landlord in writing a minimum of 30 days prior to the date Tenant would like to terminate the lease. B. The termination of the lease must be acceptable to Landlord and must be confirmed by Landlord in writing to the Tenant. C. Should Landlord agree in writing to a premature termination date of the lease, it shall only be agreed upon under the following conditions; 1c. The security deposit shall not be used as the last months rent. 2c. The cost of repainting and/or any necessary redecoration will be charged to the Tenant and any unpaid amounts shall be deducted from the security deposit. 3c. The carpet shall be cleaned by a professional carpet cleaner hired by Landlord and Tenant shall pay the cost, and Landlord shall deduct any unpaid amounts from Tenant?s security deposit. 4c. A standard (%) percent rental fee will be charged for re-renting the property. 5c. Rent will be due from the Tenant until another tenant is secured, in addition to the loss of the entire security deposit.
  27. The security deposit shall not be used towards any part of the last months rents. This shall be strictly enforced and should any additional expense or charges be incurred by Landlord in order to enforce this rule, the Tenant shall be held totally responsible for any and all charges incurred by Landlord.

Tenant(s) have read and acknowledged all the terms and conditions of this page pertaining to the lease;

TENANT _________________________________________ TENANT ________________________________________

Merger Clause. This agreement shall constitute the full and complete understanding of the parties and supersedes all prior written and oral agreements. There shall be no further additions or changes unless the same is reduced to writing.

Landlord having received and reviewed a credit application filled out by Tenant and Landlord having relied upon the representations and statements made therein as being true and correct, has agreed to enter into this rental agreement with Tenant. Tenant and Landlord agree the credit application the Tenant filled out when making application to rent said premises is hereby incorporated by reference and made a part of this rental agreement. Tenant further agrees if Tenant has falsified any statement on said application, Landlord has the right to terminate this rental agreement immediately, and Tenant further agrees Landlord shall be entitled to keep any and all of Tenant?s security deposit and any pre-paid rent as liquidated damages. Tenant further agrees in the event Landlord exercises its option to terminate this rental agreement, Tenant shall remove himself, his/her family and possessions from the premises within 24 hours of notification by Landlord of the termination of this agreement. Tenant further agrees to indemnify Landlord for any damages to property of Landlord, including, but not limited to, the cost of making premises suitable for renting to another Tenant, and waives any right of ?set-off? for the security deposit and pre-paid rent which shall have been forfeited as liquidated damages.

IN WITNESS WHEREOF, the parties have executed this lease at _____________________________________________, the day and year first above written.

TENANT DATE LANDLORD DATE

TENANT DATE LANDLORD DATE

7

“waive affirmative defenses” = trouble - Posted by leslie

Posted by leslie on February 17, 2002 at 13:40:13:

I have had some negative response from attorneys and a judge regarding a lease provision that states the tenant will waive some “affirmative defenses”. This could pose a problem for me (us). Have you had any experience with this? If it invalidates the lease, then the option which depends on a valid lease might be voidable, (refundable?)!!

Am now negotiating with the tenant’s attorney, who has a handfull of these leases.

Leslie

8

Re: Good lease clauses - Posted by Steve

Posted by Steve on July 25, 2001 at 15:32:27:

Johnboy,

Do your tenants really sign a 13 page lease? You must deal with some very high brow tenants. Many commercial leases are not that long. Do you really use this lease or just aspire to be able to use it? Or are you in New York City, where you might need a lease this long. What gives? It will take most newbees all day to create that lease.

9

“waive affirmative defenses” = trouble - Posted by JohnBoy

Posted by JohnBoy on February 17, 2002 at 14:09:17:

This would be something you should post on the legal news group.

My lease has an enforceability clause that states if any provision in the lease is found to be invalid or unenforceable, the remainder of the lease still is.

Enforceability. Should any provision of this lease be found to be invalid or unenforceable, the remainder of the lease shall not be affected thereby and each term and provision herein shall be valid and enforceable to the fullest extent permitted by law.