Residential Lease to Own
Page 2 of 5
Landlord and Tenant each hereby release the other, including employees, agents,
family members, invitees, and guests of the other, from all liability arising from loss,
damage or injury caused by fire or other casualty to the extent of any recovery by the
injured party under a policy of insurance which permits waiver of liability and waives
the insurer’s rights of subrogation.
Indemnification. Landlord shall not be liable for any damage or injury occurring on or about
the Leased Premises to Tenant, Tenant’s family members, guests or invitees, or to any personal
property whatsoever that may be on the Leased Premises, except in the case of Landlord’s failure
to perform, or negligent performance of, a duty imposed by law. Tenant hereby agrees to protect,
indemnify and hold Landlord harmless from and against any and all loss, costs, expense, damage
or liability arising out of any accident or other occurrence on the Leased Premises or any part thereof,
or in any common area, causing injury to any person or property whomsoever or whatsoever, no
matter how caused, except in the case of Landlord’s failure to perform or negligent performance of
a duty imposed by law.
Pets. Tenant shall not keep any animal in the Leased Premises without first obtaining the
written consent of the Landlord, which consent if given may be withdrawn at the sole discretion of
Fire or Destruction. In case of damage by fire or other casualty to the Leased Premises which
render the Leased Premises uninhabitable, this Lease shall be terminated and the rent shall be
prorated for the number of days of occupancy.
Tenant’s failure to pay rent when due, or to perform any Tenant’s obligations
hereunder, shall constitute a default. If a default occurs, Landlord may, at its option,
terminate this Lease and regain possession of the Leased Premises in accordance
with applicable law. If Tenant shall be absent from the Leased Premises for a period
of five consecutive days while in default, Tenant shall, at Landlord’s option, be
deemed to have abandoned the Leased Premises. Recovery of the Leased Premises
by Landlord shall not relieve Tenant of any obligation hereunder, and upon default,
Landlord shall be permitted to accelerate the rent due throughout the term of this
Lease and demand immediate payment thereof. Tenant may not be liable for the
total accelerated amount of rent due hereunder because of Landlord’s obligation to
minimize damages through attempted re-renting of the Leased Premises.
In the event of a default, it is understood that either party to this Lease has the right
to have a court determine the actual amount due and owing the other.
Neither party to this Lease shall be liable for legal costs or attorney’s fees incurred by
the other in connection with a dispute arising hereunder except to the extent that
such costs or fees are specifically permitted by statute.
Assignment/Sublet. No part of the Leased Premises are to be subleased nor this Lease
assigned by the Tenant without the prior written consent of the Landlord.