RESIDENTIAL LEASE/RENTAL AGREEMENT

 

This agreement made this __________ day of (mo.) _______________ (yr.) __________, is between__ __________________ (hereinafter called Owner and ______________________________ (hereinafter called Resident).  Owner leases to Resident, and Resident rents from Owner, residential unit located at: _________________________________________________ (hereinafter called premises), under the following conditions:

 

TERM:                          1. The initial term of this lease shall be _______________, beginning (mo. /day) __________ (yr.) _________ and ending Noon   (mo. /day) __________ (yr.) __________.

 

POSSESSION:             2. If there is a delay in delivery of possession by Owner; rent shall be abated on a daily basis until possession is granted.  If possession is not granted within seven (7) days after the beginning day of initial term, then Resident may void this agreement and have full refund of any deposit.  Owner shall not be liable for damages for delay in possession.

 

PAYMENTS:               3. (a) Rent is payable monthly, in advance, at a rate of $_____________ per month, during the term of this agreement on the first day of each month.  All payments are to be made by check, money order or cashier’s check and must be received by the 1st of each month. 

                                           (b) All payments are to be made payable to _____________________.  Unless otherwise arranged with the Owner for pick-up, payments can be hand delivered to ______________________________________ or mailed to ___________________________________________________________________________.

                                          (c) *A late fee of 5% of the monthly rent shall be added and due for any payment of rent made after the 5th of the month.  Tenant agrees to pay $50  for each dishonored check. No checks accepted after 1st NSF check.

 

EVICTION:                  4. If the rent called for in Paragraph 3 hereof has not been paid by the fifteenth (15th) of the month, then Owner shall automatically and  immediately, at owners’ discretion, have the right to take out a Dispossessory Warrant and have Resident, his/her family and possessions, evicted from the premises.

 

DEPOSIT:                    5. Owner acknowledges receipt of ($__________________), as a deposit to indemnify owner against damage to the property and for Resident's fulfillment of the conditions of this agreement.  Deposit will be returned to Resident less a $50 carpet cleaning charge, thirty (30) days after residence is vacated if:

                                                        (a)   Lease term has expired or agreement has been terminated by both parties; and

                                                        (b)   All monies due Owner by Resident have been paid; and

                                                        (c)   Residence is not damaged and is left in its original condition, normal wear and tear excepted; and

                                                        (d)   Owner is in receipt of copy of paid final bills on all utilities (includes gas, electric, water, garbage, and telephone).

                                                        (e)   Deposit will not be returned if Resident leaves before lease time is completed.  Deposit may be applied by Owner to satisfy all or part of Resident's obligations and such act shall not prevent Owner from claiming damages in excess of the deposit.  Resident may not apply the deposit to any of the rent payment.

 

RENEWAL:                      6. It is the intent of both parties that this lease is for a period of__________ months and that the last month rent will apply only to the last month of the lease period.  Should this lease be breached by the Resident, both the last month's rent and the indemnification deposit shall be forfeited as liquidated damages and the Resident will owe rent through the last day of occupancy.  .  If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at  ($___________) per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party.

 

 

SUBLET:                      7. Resident may not sublet residence or assign this lease without written consent of Owner.

 

APPLICATION:         8. Owner having received and reviewed a credit application filled out by Resident, and Owner     having relied upon and statements made therein as being true and correct, has agreed to enter into this Rental Agreement with Resident.  Resident and Owner agree the credit application the Resident filled out when making application to rent said residence is hereby incorporated by reference and made a part of this Rental Agreement.  Resident further agrees if he/she has falsified any statement on said application, Owner has the right to terminate Rental Agreement immediately, and further agrees Owner shall be entitled to keep any security deposit and any prepaid rent as liquidated damages.  Resident further agrees in the event Owner exercises its option to terminate Rental Agreement, Resident will remove him or herself, his/her family, and possessions from the premises within 24 hours of notification from Owner of the termination of this lease.  Resident further agrees to indemnify Owner for any damages to property of Owner including, but not limited to, the cost of making residence suitable for renting to another Resident, and waives any right of "set-off" for the security deposit and prepaid rent which was forfeited as liquidated damages.

 

FIRE/ CASUALTY:   9. If residence becomes uninhabitable by reason of fire, explosion, or by other casualty, Owner may, at its option, terminate Rental Agreement or repair damages within 30 days.  If Owner does not do repairs within this time or if building is fully destroyed, the Rental Agreement hereby created is terminated.  If Owner elects to repair damages, rent shall be abated and prorated from the date of the fire, explosion, or other casualty to the date of re-occupancy, providing during repairs Resident has vacated and removed
 Resident's possessions as required by Owner.  The date of re-occupancy shall be the date of notice that residence is ready for occupancy.

 

HOLD OVER:             10. Resident shall deliver possession of residence in good order and repair to Owner upon termination or expiration of this agreement. 

 

ACCESS:                       11.Owner shall have the right of access to residence for inspection and repair or maintenance during reasonable hours. RESIDENT will be given a 24 hour notice prior to the need for entry.

                                      *In case of emergency, Owner may enter at any time to protect life and prevent damage to the property. 

 

USE:                               12.  Residence shall be used for residential purposes only and shall be occupied only by the persons named in Resident's application to lease.  The presence of an individual residing on the premises who is not a signator on the Rental Agreement will be sufficient grounds for termination of this agreement.  Residence shall be used so as to comply with all state, county, and municipal laws and ordinances. Resident shall not use residence or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with other
Residents’ and Neighbor’s quiet enjoyment of their residence.

 

INSURANCE                13. RESIDENT acknowledges that OWNERS insurance does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall OWNER be held liable for such losses to RESIDENT or any guest of RESIDENT.  Owner shall not be liable for damage to Resident's property of any type for any reason or cause whatsoever, except where such is due to Owner's gross negligence.  RESIDENT IS HEREBY ADVISED TO OBTAIN HIS OWN INSURANCE POLICY TO COVER ANY PERSONAL LOSSSES. 

 

Utilities:                    14. RESIDENT agrees to pay all utilities and/or services based upon occupancy of the premises except

                                     _                                                                                                                                                                           . 

PETS:                            15. No animal, fowl, fish, reptile, and/or pet of any kind shall be kept on or about the premises, for any amount of time, without obtaining the prior written consent and meeting the requirements of the OWNER.  Such consent if granted shall be revocable at OWNERS option upon giving a 30 day written notice.  In the event laws are passed or permission is granted to have a pet and/or animal of any kind, an additional deposit in the amount of $___________ shall be required along with additional monthly rent of $___________ along with the signing of OWNER’S Pet Agreement.  RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible liability and damages that may be caused by such animals.            

 

 

FURNISHINGS:          16. No liquid filled furniture, receptacle containing more than ten gallons of liquid is permitted without prior written consent and meeting the requirements of the OWNER.  RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible losses that may be caused by such items.

 

 

INDEMNIFICATION: 17. Resident releases Owner from liability for and agrees to indemnify Owner against losses, incurred by Owner as a result of (a) Resident's failure to fulfill any condition of this agreement; (b) any damage or injury happening in or about residence or premises to Resident's invitees or licensees or such person's property; (c) Resident's failure to comply with any requirements imposed by any governmental authority; and (d) any judgment, lien, or other encumbrance filed against residence as a result of Resident's action.

 

FAILURE OF

MGMT TO ACT         18. Failure of Owner to insist upon compliance with the terms of this agreement shall not constitute a waiver of any violation.

                                                 

 

REMEDIES                  19. 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 Resident, Resident shall pay to Owner all expenses incurred in connection therewith.

CUMULATIVE

 

NOTICES:                    20. Any notice required by this agreement shall be in writing and shall be delivered personally or mailed by registered or certified mail.

 

REPAIRS:                     21. Owner will make necessary repairs to the exterior with reasonable promptness after receipt of written notice from Resident on Owner supplied repair request form.  Written notice is to be submitted via email to ______________________________________________@___________________________,

                                      fax (___________________________) or hand delivered.   Resident shall keep premises in a safe, clean, and sanitary condition.  Resident may not remodel or paint, structurally change, nor remove any fixture there from without written permission from Owner.

 

ABANDONMENT:     22. If Resident removes or attempts to remove property from the premises other than in the usual course of continuing occupancy, without having first paid Owner all monies due, residence may be considered abandoned, and Owner shall have the right without notice, to store or dispose of any property left on the premises by Resident.  Owner shall also have the right to store or dispose of any of Resident's property remaining on the premises after the termination of this agreement. Any such property shall be considered
Owner's property and title thereto shall vest in Owner.

 

MORTGAGEE'S        23. Resident's rights under this lease 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 of which residence is part; if requested, Resident shall execute promptly any certificate that Owner may request to specifically implement the subordination of this Paragraph.         .

 

 

 

 

 

RULES & REGS         24. (a.)Condition of Premises: RESIDENT acknowledges that he has examined the premises and that said premises, all furnishings, fixtures, furniture, plumbing, heating, electrical facilities, all items listed on the attached property condition checklist, if any, and/or all other items provided by OWNER are all clean and in good satisfactory condition except as may be indicated elsewhere in this Agreement.  RESIDENT agrees to keep the premises and all items in good order and good condition and to immediately pay for costs to repair and/or replace any portion of the above damaged by RESIDENT, his guests and/or invitees, except as provided by law.  At the termination of this Agreement, all of the above items in this provision shall be returned to OWNER in clean and good condition except for reasonable wear and tear and the premises shall be free of all personal property and trash not belonging to OWNER.  It is agreed that all dirt, holes, tears, burns, and stains of any size or amount in the carpets, drapes, walls, fixtures, and/or any other part of the premises, do not constitute reasonable wear and tear. 

                                                 (b) Property Maintenance: Resident shall maintain his/her own yard and shrubbery and furnish his/her own garbage retrieval service. Resident shall deposit all garbage and waste in a clean and sanitary manner and shall cooperate in keeping the garbage area neat and clean.  RESIDENT shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage retrieval service. RESIDENT shall be responsible for keeping the kitchen and bathroom drains free of things that may tend to cause clogging of the drains.  RESIDENT shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks.

                                                  (c) Signs: Resident shall not display any signs, exterior lights, or markings.  No awnings or other projections shall be attached to the outside of the building.

 

                                                  (d) Partial Invalidity: Nothing contained in this Agreement shall be construed as waiving any of the OWNER'S or RESIDENT'S rights under the law. If any part of this Agreement shall be in conflict with the law, that part shall be void to the extent that it is in conflict, but shall not invalidate this Agreement nor shall it affect the validity or enforceability of any other provision of this Agreement

                                              (e) NO WAIVER: OWNER'S acceptance of rent with knowledge of any default by RESIDENT or waiver by  OWNER of any breach of any term of this Agreement shall not constitute a waiver of subsequent breaches. Failure to require compliance or to exercise any right shall not be constituted as a waiver by OWNER of said term, condition, and/or right, and shall not affect the validity or enforceability of any provision of this Agreement.

                                                                          (f) ATTORNEY FEES: If any legal action or proceedings be brought by either party of this                                                                                                    Agreement, the prevailing party shall be reimbursed for all reasonable attorney's                                                                                       fees and costs in addition to other damages awarded.

 

                                                 (g)   Locks:  Resident is prohibited from adding locks to, changing, or in any way altering locks installed on the doors.  All keys must be returned to Owner of the premises upon termination of the occupancy.

                                                 (h)   Entrances, walks, lawns, and driveways shall not be obstructed or used for any purpose other than ingress and egress.

                                                 (i)    Radio or television aerials shall not be placed or erected on the roof or exterior without written consent of OWNER.

                                                 (j)    Parking:  Non-operative vehicles are not permitted on premises.  Any such non-operative vehicle may be removed by Owner at the expense of Resident owning same, for storage or public or private sale, at Owner's option, and Resident owning same shall have no right of recourse against Owner thereof.

                                                 (k)   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 residence itself.  Storage in all such areas shall be at Resident's risk and Owner shall not be responsible for any loss or damage.

                                                 (l)    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 part of residence.

                                                 (m) Guest:  Resident shall be responsible and liable for the conduct of his/her guests.  Act of guests in

                                                        violation of this Agreement or Owner's rules and regulations may be deemed by Owner to be a breach by Resident.  No guest may stay longer than 10 days without permission of Owner.

                                                 (n)   Noise:  All radios, television sets, stereos, etc. must be turned down to a level of sound that does not annoy or interfere with neighbors.

                                                 (o)   Owner reserves the right at any time to prescribe such additional rules and make such changes to the rules and regulations set forth and referred to above, as Owner shall, in its judgment, determine to be necessary for the safety, care, and cleanliness of the premises, for the preservation of good order or for the comfort or benefit of Residents generally.

                                              

                                     25.  JOINTLY AND SEVERALLY: The undersigned RESIDENTS are jointly and severally                                                              responsible and liable for all obligations under this agreement.

                                        26.  REPORT TO CREDIT/TENANT AGENCIES: You are hereby notified                                                                                            that a nonpayment, late payment or breach of any of the terms of this rental                                                                                                        agreement may be submitted/reported to a credit and/or tenant reporting                                                                                                    agency, and may create a negative credit record on your credit report.

                                            27.  LEAD NOTIFICATION REQUIREMENT:  For rental dwellings built before 1978,                                                                                                      RESIDENT acknowledges receipt of the following: (Please check)

                                           ________ Lead Based Paint Disclosure Form

                                        _______EPA Pamphlet

 

 

OFFENDER NOTIFICATION: The Louisiana State Police maintains the State Sex Offender and Child Predator Registry through the Louisiana Bureau of Criminal Identification and Information. It is public access database of the locations of individuals who are required to register pursuant to LA R.S. 15:540 et seq. The website for the database is http://www.lsp.org/socpr/default.html. Sheriff and police departments serving jurisdiction of 450,000 also maintain such information. Inquiries can be made by phone at 1-800-858-0551 or 1-225-925-6100.  Send written inquiries to Post Office Box 66614, Box A-6, Baton Rouge, Louisiana 70896.

 

 

 

 

 

 

ADDITIONS AND/OR EXCEPTIONS

NOTICES:  All notices to RESIDENT shall be served at RESIDENT'S premises and all notices to OWNER shall be served at :      

                        

 

 

INVENTORY:            The premises contain the following items that the RESIDENT may use:________________________________

               

ENTIRETY:              This agreement and any attached addendum constitute the entire agreement between the parties and no oral statements shall be binding.  It is the intention of the parties herein that if any part of this Rental Agreement is invalid, for any reason, such invalidity shall not void the remainder of the Rental Agreement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed in person the day and year first above written.

 

 

                                                                                                                                                                                                              

Owner                                                                    Date                                      Resident                                                      Date

 

                                                                                                                                                                                                               

Owner                                                                   Date                                       Resident                                                      Date

 

Number of Residents living within the premises:                                        #of Keys provided at lease signing _______________