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MONTH-TO-MONTH LEASE AGREEMENT
This Lease Agreement (“Lease”) is entered by and between ______________________
(“Landlord”) and ______________________ (“Tenant”) on the ____ of
________________, 20____ (“Date”). Landlord and Tenant collectively may be referred
to as the “Parties.” This Lease creates joint and several liabilities in the case of multiple
Tenants. The Parties agree as follows:
PREMISES: Landlord hereby leases the premises located at _____________________
_________________________ City of _________________, State of
_________________, (the “Premises”) to Tenant.
LEASE TERM: The Lease will start on ___ of ________________, 20____ and will
continue as a month-to-month tenancy. To terminate tenancy the Landlord or Tenant
must give the other party a written ____ day notice of Lease non-renewal. If the Tenant
plans to terminate on or after the first (1
st
) day of payment for a given month, the rent
shall be pro-rated accordingly. If the Tenant does not provide the Landlord with a written
said notice, they shall forfeit their full deposit amount.
LEASE PAYMENTS: Tenant agrees to pay Landlord for use of the Premises in the
amount of $_________________ each month in advance on the ____ day of with
payment to be made by __________________________________________________.
If the Lease Term does not start on the ____ day of the month or end on the last day of
a month, the first and last month’s rent will be prorated accordingly.
LATE CHARGES: Rent is due on the ____ of each month. If any or all of the rent is not
received by the ____ of the month, $____ per day will be charged as late fees until full
rental payment is received. If rent is not received by the ____ of the month, Tenant will
be considered in breach of the Lease Agreement and eviction proceedings will be
initiated.
INSUFFICIENT FUNDS: Tenant agrees to pay a charge of $____ for each check given
by Tenant to Landlord that is returned to Landlord for lack of sufficient funds (NSF).
SECURITY DEPOSIT: At the signing of this Lease, Tenant shall deposit with Landlord,
in trust, a security deposit of $_________________ as security for the performance by
Tenant of the terms under this Lease and for any damages caused by Tenant, Tenant’s
family, agents and visitors to the Premises during the term of this Lease. Landlord may
use part or all of the security deposit to repair any damage to the Premises caused
by Tenant, Tenant’s family, agents and visitors to the Premises. However, Landlord is
not limited to the security deposit amount and Tenant remains liable for any balance.
Tenant shall not apply or deduct any portion of any security deposit from the last or any
month’s rent. Tenant shall not use or apply any such security deposit at any time in lieu
of payment of rent. If Tenant breaches any terms or conditions of this Lease, Tenant
shall forfeit any deposit, as permitted by law.
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DEFAULTS: If Tenant fails to perform or fulfill any obligation under this Lease, Tenant
shall be in default of this Lease. Subject to any statute ordinance or law to the contrary,
Tenant shall have the State minimum requirement or seven (7) days, whichever is less,
from the date of notice of default by Landlord to cure the default. In the event Tenant
does not cure a default, Landlord may at Landlord’s option: a) cure such default and the
cost of such action may be added to Tenant’s financial obligations under this Lease; or
b) declare Tenant in default of the Lease. In the event of default, Landlord may also, as
permitted by law, re-enter the Premises and re-take possession of the Premises.
Landlord may, at its 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 any rent paid by any successive Tenant if the
Premises are re-let. In the event Landlord is unable to re-let the Premises during any
remaining term of this Lease, after default by Tenant, Landlord may at its option hold
Tenant liable for the balance of the unpaid rent under this Lease if this Lease had
continued in force. The failure of Tenants or their guests or invitees to comply with any
term of this Agreement is grounds for termination of the tenancy, with appropriate notice
to Tenants and procedures as required by law.
QUIET ENJOYMENT: Tenant shall be entitled to quiet enjoyment of the Premises and
Landlord will not interfere with that right, as long as Tenant pays the rent in a timely
manner and performs all other obligations under this Lease.
POSSESSION AND SURRENDER OF PREMISES: Tenant shall be entitled to
possession of the Premises on the ____ day of the Lease Term. At the expiration of the
Lease, Tenant shall peaceably surrender the Premises to the Landlord or Landlord’s
agent in good condition, as it was at the commencement of the Lease, reasonable wear
and tear excepted.
USE OF PREMISES: Tenant shall only use the Premises as a residence. The Premises
shall not be used to carry on any type of business or trade without prior written consent
of the Landlord. Tenant will comply with all laws, rules, ordinances, statutes and orders
regarding the use of the Premises.
OCCUPANTS: Tenant agrees that no more than ____ persons may reside on the
Premises without prior written consent of the Landlord.
VISITORS: Tenant shall be allowed to have Visitors on the Premises for a period of
____ days without prior written consent of the Landlord.
CONDITION OF PREMISES: Tenant or Tenant’s agent have inspected the Premises,
the fixtures, the grounds, building and improvements and acknowledges that the
Premises are in good and acceptable condition and are habitable. If at any time during
the term of this Lease, in Tenant’s opinion, the conditions change, Tenant shall promptly
provide reasonable notice to Landlord.
ASSIGNMENT AND SUBLEASE: Tenant shall not assign or sublease any interest in
this Lease without prior written consent of the Landlord, which consent shall not be
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unreasonably withheld. Any assignment or sublease without Landlord’s written prior
consent shall, at Landlord’s option, terminate this Lease.
DANGEROUS MATERIALS: Tenant shall not keep or have on or around the Premises
any item of a dangerous, flammable or explosive nature that might unreasonably
increase the risk of fire or explosion on or around the Premises or that might be
considered hazardous by any responsible insurance company.
UTILITIES AND SERVICES: The following utilities and services will be the responsibility
of the following:
Enter “Landlord” or “Tenant
Electricity - _________________
Telephone Service - _________________
Cable (TV) - _________________
Heat - _________________
Hot Water - _________________
Water - _________________
Garbage/Trash - _________________
Snow Removal - _________________
Landscaping - _________________
If a washing machine or dishwasher is not on the premises the Tenant will not be able
to install unless written permission is received by the landlord.
PETS: The Landlord agrees that the Tenant:
Choose One (1)
shall be allowed to keep a maximum of ____ pets on the property. The type of pets
allowed shall consist of _________________________________________. In addition
to the security deposit, there shall be a pet deposit of $_________________ that will be
refundable non-refundable. If refundable, the deposit will be returned at the end of
the lease term if there is no damage due to the pet(s).
shall not be allowed to have any pets on the Premises without the prior written
consent of the Landlord.
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ALTERATIONS AND IMPROVEMENTS: Tenant agrees not to make any improvements
or alterations to the Premises without prior written consent of the Landlord. If any
alterations, improvement or changes are made to or built on or around the Premises,
with the exception of fixtures and personal property that can be removed without
damage to the Premises, they shall become the property of Landlord and shall remain
at the expiration of the Lease, unless otherwise agreed in writing.
DAMAGE TO PREMISES: If the Premises or part of the Premises are damaged or
destroyed by fire or other casualty not due to Tenants negligence, the rent will be
abated during the time that the Premises are uninhabitable. If Landlord decides not to
repair or rebuild the Premises, then this Lease shall terminate and the rent shall be
prorated up to the time of the damage. Any unearned rent paid in advance shall be
refunded to Tenant.
MAINTENANCE AND REPAIR: Tenant will, at Tenant’s sole expense, keep and
maintain the Premises in good, clean and sanitary condition and repair during the term
of this Lease and any renewal thereof. Tenant shall be responsible to make all repairs
to the Premises, fixtures, appliances and equipment therein that may have been
damaged by Tenant’s misuse, waste or neglect, or that of the Tenant’s family, agents or
visitors. Tenant agrees that no painting will be done on or about the Premises without
the prior written consent of Landlord. Tenant shall promptly notify Landlord of any
damage, defect or destruction of the Premises or in the event of the failure of any of the
appliances or equipment. Landlord will use its best efforts to repair or replace any such
damaged or defective areas, appliances or equipment.
RIGHT OF INSPECTION: Tenant agrees to make the Premises available to Landlord or
Landlord’s agents for the purposes of inspection, making repairs or improvements, or to
supply agreed services or show the premises to prospective buyers or tenants, or in
case of emergency. Except in case of emergency, Landlord shall give Tenant
reasonable notice of intent to enter. For these purposes, the minimum statutory notice
allowed or twenty-four (24) hours, whichever is less, shall be deemed reasonable.
Tenant shall not, without Landlord’s prior written consent, add, alter or re-key any locks
to the Premises. At all times Landlord shall be provided with a key or keys capable of
unlocking all such locks and gaining entry. Tenant further agrees to notify Landlord in
writing if Tenant installs any burglar alarm system, including instructions on how to
disarm it in case of emergency entry.
ABANDONMENT: If Tenant abandons the Premises of any personal property during
the term of this Lease, Landlord may, at their option, enter the Premises by any legal
means without liability to Tenant and may at Landlord’s option terminate the Lease.
Abandonment is defined as absence of the Tenant from the Premises for at least ____
consecutive days without notice to Landlord. If Tenant abandons the Premises while the
rent is outstanding for more than 15 days and there is not reasonable evidence, other
than the presence of the Tenants’ personal property, that the Tenant is occupying the
unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain
possession in the manner prescribed by law. Landlord will dispose of all abandoned
personal property on the Premises in any manner allowed by law.
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EXTENDED ABSENCES: In the event Tenant will be away from the Premises for more
than the abandonment period, Tenant agrees to notify Landlord in writing of such
absence. During such absence, Landlord may enter the premises at times reasonable
necessary to maintain the property and inspect for damages and needed repairs.
SECURITY: Tenant understands that Landlord does not provide any security alarm
system or other security for Tenant or the Premises. In the event any alarm system is
provided, Tenant understands that such alarm system is not warranted to be complete
in all respects or to be sufficient to protect Tenant on the Premises. Tenant releases
Landlord from any loss, damage, claim or injury resulting from the failure of any alarm
system, security or from the lack of any alarm system or security.
SEVERABILITY: If any part of this Lease shall be held unenforceable for any reason,
the remainder of this Agreement shall continue in full force and effect. If any court of
competent jurisdiction deems any provision of this Lease invalid or unenforceable, and if
limiting such provision would make the provision valid, then such provision shall be
deemed to be construed as so limited.
INSURANCE: Landlord and Tenant shall each be responsible to maintain appropriate
insurance for their respective interests in the Premises and property located on the
Premises. Tenant understands that Landlord will not provide any insurance coverage for
Tenant’s property. Landlord will not be responsible for any loss of Tenant’s property,
whether by theft, fire, riots, strikes, acts of God or otherwise. Landlord encourages
Tenant to obtain renter’s insurance or other similar coverage to protect against risk of
loss.
BINDING EFFECT: The covenants and conditions contained in the Lease shall apply to
the Parties and the heirs, legal representatives, successors and permitted assigns of
the Parties.
GOVERNING LAW: This Lease shall be governed by and construed in accordance with
the laws of the State of _________________.
ENTIRE AGREEMENT: This Lease constitutes the entire Agreement between the
Parties and supersedes any prior understanding or representation of any kind preceding
the date of this Agreement. There are no other promises, conditions, understandings or
other Agreements, whether oral or written, relating to the subject matter of this Lease.
This Lease may be modified in writing and must be signed by both Landlord
and Tenant.
NOTICE: Any notice required or otherwise given pursuant to this Lease shall be in
writing and mailed certified return receipt requested, postage prepaid, or delivered by
overnight delivery service, if to Tenant, the address of the Premises, and if to Landlord,
the following address _________________________ City of _________________,
State of _________________, Zip Code _________________. Either party may change
such addresses from time to time by providing notice as set forth above.
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CUMULATIVE RIGHTS: Landlord’s and Tenant’s rights under this Lease are
cumulative and shall not be construed as exclusive of each other unless otherwise
required by law.
WAIVER: The failure of either Party to enforce any provisions of the Lease shall not be
deemed a waiver of limitation of that Party’s right to subsequently enforce and compel
strict compliance with every provision of this Lease. The acceptance of rent by Landlord
does not waive Landlord’s right to enforce any provisions of this Lease.
INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold
Landlord and Landlord’s property, including the Premises, free and harmless from any
liability for losses, claims, injury to or death of any person, including Tenant, or for
damage to property arising from Tenant using and occupying the Premises or from the
acts or omissions of any person or persons, including Tenant, in or about the Premises
with Tenant’s express or implied consent except Landlord’s act or negligence.
ATTORNEY FEES: In the event that the Tenant violates the terms of the Lease or
defaults in the performance of any covenants in the Lease and the Landlord engages an
attorney or institutes a legal action, counterclaim, or summary proceeding against
Tenant based upon such violation or default, Tenant shall be liable to Landlord for the
costs and expenses incurred in enforcing this Lease, including reasonable attorney fees
and costs. In the event the Tenant brings any action against the Landlord pursuant to
this Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and
expenses of defending such action, including reasonable attorney fees and costs.
DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent”
or “Vacancy” or similar signs on or about the Premises and enter to show the Premises
to prospective tenants during the last sixty (60) days of this Lease. Tenant agrees that
no signs shall be placed on the Premises without the prior written consent of the
Landlord.
NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the
Premises that might disturb the rights, comforts and conveniences of other persons. No
lounging or visiting will be allowed in the common areas. Furniture delivery and removal
will take place between 8:00 a.m. and 8:00 p.m.
PARKING: The Landlord agrees:
Choose One (1)
- to provide the tenant parking with ____ spaces. There shall be - no fee - a
fee of $_________________ paid - per month - one (1) time basis for each space.
- not to provide the tenant parking.
BALCONIES: If a balcony is located on the Premises the Tenant shall not use for the
purpose of storage, drying clothes, cleaning rugs or grilling.
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DWELLING: Tenant is only entitled to occupy the dwelling listed above. This Lease
does not entitle the Tenant to use of any area outside of the dwelling including, but not
limited to, the attic, basement or the garage without written permission from the
Landlord. Tenant is not to paint any part of the apartment without prior written
permission from the Landlord.
SEVERABILITY: If any section, provision, or statement in this Agreement shall be
deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby.
ADDITIONAL TERMS AND CONDITIONS: ___________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
IN WITNESS THEREOF, the Parties have caused this Lease to be executed on the day
and year first above written.
LANDLORD:
____________________________________ Date _________________
TENANT:
____________________________________ Date _________________
____________________________________ Date _________________
AGENT:
____________________________________ Date _________________