MONTH-TO-MONTH RENTAL AGREEMENT
THIS MONTH-TO-MONTH RENTAL AGREEMENT hereinafter known as the
"Agreement" is made and entered into this ____ day of _______________________,
20____, by and between the Landlord known as _______________________ hereinafter
known as the "Landlord" AND the Tenant ______________________ hereinafter known
as the "Tenant." This Agreement creates joint and several liabilities in the case of
multiple Tenants. The Parties agree as follows:
PROPERTY. Landlord owns property and improvements located at
______________________, City of _______________________, State of ______________________
(hereinafter referred to as the "Property"). Landlord desires to lease the Property to
Tenant upon the terms and conditions contained herein. Tenant desires to lease the
Property from Landlord upon the terms and conditions contained herein.
TERM. The Agreement will start on _____________________ and will continue as a
month-to-month tenancy. In accordance with the State Statutes to terminate the
tenancy, the Landlord or Tenant must give the other party a written ____ days notice
of non-renewal. The Tenant may only terminate their Agreement on the last day of
any month and the Landlord must receive written notification of non-renewal at
least ____ days prior to the last day of that month. If the Tenant plans to leave on or
after the first of any month, they are responsible for that month’s full rent. If the
Tenant does not provide the Landlord with a written ____ days’ notice, they shall
forfeit their full deposit amount.
PAYMENTS. Tenant agrees to pay to Landlord as rent for the Property the
amount of ___________________________ dollars each month in advance on the 1st day
of each month at _________________________ or at any other address designated by
Landlord. If the Term does not start on the 1st day of the month or end on the last
day of a month, the first and last month’s rent will be prorated accordingly.
SECURITY DEPOSIT. At the signing of this Agreement, Tenant shall deposit with
Landlord, in trust, a security deposit of $_________ as security for the performance by
Tenant of the terms under this Agreement and for any damages caused by Tenant,
Tenant’s family, and visitors to the Property during the term of this Agreement. The
Landlord may use part or all of the security deposit to repair any damage to the
Property caused by Tenant, Tenant’s family, and visitors to the Property. However,
the Landlord is not just 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 Agreement, Tenant shall forfeit any deposit, as permitted by law.
LATE CHARGES. Rent is due on the 1st 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 Agreement and eviction proceedings will be
initiated.
INSUFFICIENT FUNDS. Tenant agrees to pay the charge of $____ for each check
given by Tenant to Landlord that is returned to Landlord for a lack of sufficient funds.
USE OF PROPERTY. Tenant shall only use the Property as a residence. The Property
shall not be used to carry on any type of business or trade without the prior written
consent of the Landlord. The Tenant will comply with all laws, rules, ordinances,
statutes, and orders regarding the use of the Property.
OCCUPANTS. Tenant agrees that no more than ____ persons may reside on the
Property without the prior written consent of the Landlord.
CONDITION. The Tenant has inspected the property, the fixtures, the grounds,
building, and improvements and acknowledges that the Property is in good and
acceptable condition and are habitable. If at any time during the term of this
Agreement, in Tenant’s opinion, the conditions change, Tenant shall promptly
provide reasonable notice to Landlord.
ASSIGNMENT. Under this Agreement Tenant shall shall not assign or sublease
any share in this Agreement. All sublease arrangements must be made with the
prior written consent of the Landlord, which consent shall not be unreasonably
withheld. Any assignment or sublease without the Landlord’s written prior consent
shall, at Landlord’s option, terminate this Agreement.
RIGHT OF ENTRY. Tenant agrees to make the Property available to Landlord or
Landlord’s agents for the purposes of inspection, making repairs or improvements,
or to supply agreed services or show the property to prospective buyers or tenants,
or in case of emergency. Except in case of emergency, Landlord shall give Tenant
____ hours notice of intent to enter. Tenant shall not, without Landlord’s prior written
consent, add, alter or re-key any locks to the Property. 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.
ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the
building or improvements on the Property or construct any building or make any
other improvements on the Property without the prior written consent of Landlord.
Any and all alterations, changes, and/or improvements built, constructed, or placed
on the Property by Tenant shall, unless otherwise provided by written agreement
between Landlord and Tenant, be and become the property of Landlord and remain
on the Property at the expiration or earlier termination of this Agreement.
NON-DELIVERY OF POSSESSION. In the event, the Landlord cannot deliver
possession of the Property to Tenant upon the commencement of the Agreement
Term, through no fault of Landlord, then Landlord shall have no liability, but the
rental herein provided shall abate until possession is given. Landlord shall have ____
days in which to give possession and, if possession is tendered within such time,
Tenant agrees to accept the demised Property and pay the rental herein provided
from that date. In the event, possession cannot be delivered within such time,
through no fault of Landlord, then this Agreement and all rights hereunder shall
terminate.
HAZARDOUS MATERIALS. Tenant shall not keep on the Property any item of a
dangerous, flammable or explosive nature that might unreasonably increase the
danger of fire or explosion on the Property or that might be considered hazardous or
extra hazardous by any responsible insurance company.
UTILITIES. The Landlord shall provide the following utilities and services to the
Tenant(s): _____________________________________________________________________. Any
other utilities or services not mentioned will be the responsibility of the Tenant(s).
MAINTENANCE, REPAIR, AND RULES. Tenant will, at Tenant’s sole expense, keep
and maintain the Property in a good, clean and sanitary condition and repair during
the term of this Agreement and any renewal thereof. Tenant shall be responsible to
make all repairs to the Property, fixtures, appliances, and equipment therein that
may have been damaged by Tenant’s misuse, waste or neglect, or that of the
Tenant’s family or visitors. Tenant agrees that no painting will be done on or about
the Property without the prior written consent of Landlord. Tenant shall promptly
notify Landlord of any damage, defect or destruction of the Property or in the event
of the failure of any of the appliances or equipment. The Landlord will use their best
efforts to repair or replace any such damaged or defective areas, appliances or
equipment.
PETS. Tenant shall not keep any pets on the Property without the prior written
consent of the Landlord. If Landlord grants permission to Tenant to keep pets, an
additional security deposit of $____ will be required by the Landlord to keep in trust
for potential damage to the Property caused by Tenant’s pets.
QUIET ENJOYMENT. Upon payment of all the sums referred to herein as being
payable by Tenant and Tenant's performance of all Tenant's agreements contained
herein and Tenant's observance of all rules and regulations, Tenant shall and may
peacefully and quietly have, hold, and enjoy said Property for the term hereof.
INDEMNIFICATION. Landlord shall not be liable for any injury to the tenant, tenant’s
family, guests, or employees or to any person entering the property and shall not be
liable for any damage to the building in which the property is located or to goods or
equipment, or to the structure or equipment of the structure in which the Property
is located, and Tenant hereby agrees to indemnify, defend, and hold Landlord
harmless from any and all claims or assertions of every kind and nature.
DEFAULT. If Landlord breaches this Agreement, Tenant may seek any relief provided
by law. If Tenant fails to comply with any of the material provisions of this
Agreement, other than the covenant to pay rent or of any present rules and
regulations, or any that may be hereafter prescribed by Landlord, or materially fails
to comply with any duties imposed on Tenant by statute, Landlord may terminate
this Agreement ____ days after delivery of written notice by Landlord specifying the
noncompliance and indicating the intention of Landlord to terminate the
Agreement by reason thereof. If Tenant fails to pay rent when due and the default
continues for ____ days thereafter, Landlord may, at Landlord's option, declare the
entire balance of rent payable hereunder to be immediately due and payable and
may exercise any and all rights and remedies available to Landlord at law or in equity
or may immediately terminate this Agreement.
HOLDOVER. In the event, Tenant remains in possession of the Property for any
period after the expiration of the Agreement Term (“Holdover Period”) a new
month-to-month tenancy shall be created subject to the same terms and conditions
of this Agreement at a monthly rental rate of the same in this agreement unless
otherwise agreed by the Parties in writing. Such month-to-month tenancy shall be
terminable on thirty (30) days’ notice by either Party or on longer notice if required
by law.
ABANDONMENT. If Tenant abandons the Property of any personal property during
the term of this Agreement, Landlord may at is option enter the Property by any
legal means without liability to Tenant and may at Landlord’s option terminate the
Agreement. Abandonment is defined as the absence of the Tenants from the
Property for at least ____ consecutive days without notice to Landlord. If Tenant
abandons the Property while the rent is outstanding for more than ____ days and
there is no 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 Agreement and regain possession in the manner prescribed by law.
The Landlord will dispose of all abandoned personal property on the Property in any
manner allowed by law
ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney
to enforce any of the conditions or covenants hereof, including the collection of
rentals or gaining possession of the Property, Tenant agrees to pay all expenses so
incurred, including a reasonable attorneys' fee.
COMPLIANCE WITH LAW. The Tenant(s) agrees that during the term of the
Agreement, to promptly comply with any present and future laws, ordinances,
orders, rules, regulations, and requirements of the Federal, State, County, City, and
Municipal government or any of their departments, bureaus, boards, commissions
and officials thereof with respect to the Property, or the use or occupancy thereof,
whether said compliance shall be ordered or directed to or against the Tenant(s), the
Landlord, or both.
SEVERABILITY. If any provision of this Agreement or the application thereof shall, for
any reason and to any extent, be invalid or unenforceable, neither the remainder of
this Agreement nor the application of the provision to other persons, entities, or
circumstances shall be affected thereby, but instead shall be enforced to the
maximum extent permitted by law.
BINDING EFFECT. The covenants, obligations, and conditions herein contained shall
be binding on and inure to the benefit of the heirs, legal representatives, and assigns
of the parties hereto.
MODIFICATION. The parties hereby agree that this document contains the entire
agreement between the parties and this Agreement shall not be modified, changed,
altered, or amended in any way except through a written amendment signed by all
of the parties hereto.
NOTICE. Any notice required or permitted under this Agreement or under state law
shall be delivered to Tenant at the Property address, and to Landlord at the following
address:___________________________________________________________________________.
PARKING. The Landlord:
Shall provide ____ parking space(s) to the Tenant(s) for a fee of $____ to be paid
at the execution of this Agreement on a monthly basis in addition to the rent. The
parking space(s) are described as: ____________________.
Shall not provide parking.
SMOKING POLICY. Smoking on the Property is:
Permitted in the following areas: ____________________.
Prohibited on the Property.
ADDITIONAL TERMS AND CONDITIONS.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
ENTIRE AGREEMENT. This 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
Agreement. This Agreement may be modified in writing and must be signed by both
Landlord and Tenant.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in
multiple originals as of the undersigned date(s).
Landlord’s Signature ____________________________ Date _____________________
Print Name _______________________
Tenant’s Signature ____________________________ Date _____________________
Print Name _______________________
Tenant’s Signature ____________________________ Date _____________________
Print Name _______________________
Tenant’s Signature ____________________________ Date _____________________
Print Name _______________________
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