W I T N E S S E T H : WHEREAS, Landlord is the fee simple owner of certain real property located in ____________________, such real property having a street address of ___________________________; and
WHEREAS, Landlord is desirous of leasing the Premises to Tenant and Tenant is desirous of leasing the Premises from Landlord, on the terms and conditions stated below:
T H E R E F O R E :
IN CONSIDERATION OF THE COVENANTS AND OBLIGATIONS contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. TERM. The term of this Lease is a periodic tenancy commencing on ____________ and ending at 12 o"clock midnight on ____________, and continuing thereafter on a month-to-month basis until the Landlord or Tenant terminates the tenancy.
2. RENT. The total rent for the _____ month term hereof is the sum of _____________________. This amount shall be payable in equal monthly installments of __________________, with the first installment to be paid upon the execution of this agreement. The second installment to be paid on ______________, with the remaining installments due by _____ p.m. on the _____ day of each month thereafter until this lease agreement is terminated. All rent payments shall be made to Landlord on or before the due date and without demand, at the following address: __________________________________; or any such other place as the Landlord may later designate.
If Tenant fails to pay rent when due and the default continues for three (3) days thereafter, Landlord may, at its 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 by law or may immediately terminate this Agreement.
3. LATE CHARGES. In the event that full rent payment required to be paid by Tenant hereunder is not made within ____ days of when due, Tenant shall pay to Landlord, in addition to such payment, a "late fee" calculated as follows: an intial charge of _______, plus _______ per day thereafter until the rent is brought current. ADDITIONALLY, if a Tenant's rent payment is tendered by check and that check is returned for "insufficient funds", the above late charges shall apply to Tenant's non-payment of rent, in addition to a fee of _________ for the returned check.
4. DAMAGE DEPOSITS. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of __________, receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof. Such deposit shall be returned to Tenant, without interest, and less any deductions for damages upon the termination of this Agreement. Landlord shall provide a statement of any damage deductions with the deposit refund, or request for further payment, to Tenant at such address as the Tenant shall provide at the termination of this Lease.
7. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.
8. TENANT IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. Tenant shall obtain written permission from Landlord prior to any of the following improvements:
(a) Painting, wallpapering, or re-decorating in any way that significantly alters the Premises;
(b) Removing or adding walls or performing any structural alterations;
(c) Installing a waterbed(s);
(d) Installing additional heating/air-conditioning units;
(e) Installing any radio or TV antenna, tower, or satellite dish; or
(f) Any exterior or landscaping modification.
9. CARE AND MAINTENANCE. Tenant shall, at its sole expense, keep and maintain the Premises in good and sanitary condition during the term of this Agreement and any renewal thereof, not limited to, but including:
(a) Promptly notifying the Landlord of any damage, or any situation that may significantly prohibit Tenant from normal usage of the Premises;
(b) Tenant, its family and guests, shall at all times maintain order on the Premises and shall not make any loud or improper noises, or otherwise disturb the other tenants;
(c) Deposit all trash/garbage in the locations provided for collection, and not allow any trash/garbage to be deposited or left lying on the grounds, Premises, or within the common areas of the property;
(d) Not obstruct the driveway, sidewalks, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
(e) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
(f) Not obstruct or cover the windows or doors;
(g) Not leave windows or doors in an open position during any inclement weather;
(h) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Lessor;
(i) Keep all floor coverings in good, clean order and repair;
(j) Keep all air conditioning filters clean and free from dirt; and
(k) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant.
10. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.
13. EXCESSIVE NOISE. No person shall make, continue or cause to be made, or continued, any excessive noise between the hours of 10 p.m. and 7 a.m. on any given day of the week. Violations of this clause will result in a warning notice, and may result in termination of this Lease, at Landlord's discretion.
14. GENERAL PROVISIONS. The following general provisions shall apply to the Lease:
(a) Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not waive Landlord's rights under this Lease with respect to any subsequent defaults, breaches or non-performance.
(b) Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other"s acts, omissions and liabilities pursuant to this Lease.
(c) Tenant is directly responsible for the actions of their children and guests, and Tenant shall be held liable for any damage caused by their children or guests. Children must not disturb other residents or damage the property of others.
(d) The Landlord and Tenant will comply with standards of health, sanitation, fire, housing and safety as required by law.
15. INSPECTION OF PREMISES. Landlord and its agents shall have the right at all reasonable times during the term of this Agreement, and any renewal thereof, to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale",
"for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.
16. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, or of any present rules and regulations or any that may be hereafter prescribed by Lessor, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement.
17. SURRENDER OF PREMISES. Upon the expiration of this Lease, Tenant shall surrender the Premises in as good a condition as they were at the commencement of this Agreement; reasonable use, wear-and-tear, and damages by the elements excepted. Any personal property remaining on the Premises 48 hours after the Tenant or Landlord has terminated the Lease immediately becomes the property of the Landlord and will be disposed of at Tenant's expense unless prior written arrangements have been made and approved by the Landlord.
20. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant, and Tenant's performance of all its agreements contained herein, and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.
21. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, its family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature.
22. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the 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 reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall 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.
23. 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 Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys" fee.
243. GOVERNING LAW. This Lease shall be governed, construed and interpreted by, through and under the Laws of the State of Nevada.
25. SEVERABILITY. If any provision of this Lease or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Lease 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.
26. 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.
27. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.
28. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder.
_________________________________ Date: _________________