Fair Housing / Apartment Hunting

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Identify Your Housing Needs > Know Your Rights > Reading a Lease > Understanding the Ads > What to Ask the Landlord

Sample Leasee

This rental agreement is made the 29th day of January 2005 by and between, Otis Owner 123 Main Street, Huntington, WV hereinafter called the Landlord and John Smith, hereafter referred to as tenant.

Witness: Landlord by this agreement leases to Tenant, for use as a private residence, apartment No. 15 in the Great Housing Building located at 123 Main Street, Huntington, WV subject to the following terms and conditions which Tenant expressly agrees to by execution of this rental agreement.

Lease term: the term of this lease if for one year commencing on February 1, 2004 and terminating on January 30, 2005.
Rent: the rent for the term is $4140 payable in equal consecutive monthly installments of $345 with the first payment being due and payable on February 1, 2004 . Each succeeding monthly payment shall be due and payable upon the first day of the month. Rental payments are due in advance and shall be made on or before the due date to the Landlord.
- There shall be a late charge of $25.00 added to the regular monthly rental payments for any month in which the rental payment is not received by the Landlord within ten days of the due date.
Security deposit: Tenant hereby deposits $250 with the Landlord as a security deposit which shall be used by the Landlord to pay for cleaning, repairs or damages to the premises or property of the Landlord caused by the Tenant, and members of the Tenant's family, and any social guest, invitees, or licensees of Tenant. Upon expiration of the terms of this lease and the vacation of the premises by the Tenant, and the Tenant's return of the keys to the Landlord, and if the premises upon inspection by the Landlord are found to be in good, clean condition, reasonable wear and tear excepted, the Landlord shall return the security deposit to the Tenant, less any sums paid or deducted therefrom for cleaning, repairs or damages as described above.
- If Tenant breaches this lease by leaving the premises before the expiration of the term, Tenant shall forfeit the security deposit to Landlord as liquidated damages. If upon Tenant's breach of this lease Tenant owes rent to Landlord, the security deposit, or any amount thereof, may be applied toward past due rent, as the Landlord's security deposit, that it shall not be construed as a waiver or limitation upon the Landlord's right to any claim or suit against Tenant for the payment of rental due, or additional rent due in default or additional damages to the premises in excess of the amount of the security deposit.
Uses of premises: the premises shall be used exclusively as a private residential dwelling for the Tenant and his immediate family and for no others except with written permission from the Landlord. In no event shall the premises be occupied by more than persons. Tenant agrees to keep the premises clean, sanitary and in good order and to not permit immoral or unlawful acts upon the premises.
Assignment and subletting: Tenant shall not assign or sublet the premises without prior written consent of the Landlord.
Equipment: the premises are furnished by the Landlord with a range, refrigerator, disposal and furnace along with other equipment. Tenant agrees to use and maintain all equipment furnished by the Landlord in accordance with manufacture's specifications or in accordance with rules and regulations provided by the Landlord.
- Tenant agrees to be responsible for any repairs or damages caused by Tenant's abuse and neglect, including, but not limited to damage to the premises and equipment.
Condition: Tenant accepts the premises in the condition in which it now is, that there are no apparent defects or damages, and agrees to maintain the premises in the same condition throughout the lease term, and to surrender the premises to the Landlord in the same condition as delivered, reasonable wear and tear arising from the use of the premises excepted.
Alterations, additions, and improvements: Tenant shall make no alterations, additions or improvements without the prior written consent of the Landlord. All alterations, additions, and improvements shall be the property of the Landlord, unless the Landlord elects otherwise.
Utilities: Tenant agrees to pay all utility charges to the premises, including, but not limited to, charges for electricity, telephone service, gas, water and sewer.
Time of essence: time is of the essence for all duties and obligations contained in this rental agreement.
Risk of loss: the Landlord shall not be responsible for any loss or damages to personal property placed in the premises.
Landlords right of entry: Landlord shall have the right to enter the apartment at any time to make necessary repairs or during any emergency to protect the premises from damage. During the last 30 days of the term, or at any time after the Landlord receives notice that Tenant is moving from the premises, Landlord shall have the right to enter the premises at reasonable hours to show it to prospective Tenants.
Breach of rental agreement: if Tenant shall fail to pay rent as required herein, or if any payment of rent is more than 15 days overdue, or if the premises are abandoned or vacated prior to the end of the term of this lease, or if the Tenant shall violate any of the terms or conditions of the lease or of the rules and regulators of the Landlord, such action shall be considered a breach of this lease.
Acceleration of rent: upon the breach of this lease by the Tenant, notwithstanding any other provision, the Tenant agrees that whether the Landlord retakes possession of the premises, elects to terminate the lease or takes any other action provided by law, the entire unpaid balance of rent due for the entire term of the lease shall accelerate and immediately become due and payable.
Landlord's lien: the Tenant hereby pledges and assigns to the Landlord all of the furniture, fixtures, goods and chattel of the Tenant which shall be brought on the premises as security for the payment of rent or any damages or repairs to the premises.
- In the event the Landlord shall recover possession of the premises, the Landlord may dispose of the property at the Tenant's expense and in such an event the Landlord shall not be liable in any action for entering the premises and removing and disposing of Tenant's property, with or without process of law.
Binding effect: all terms and condition of the lease are binding upon heirs, executors, administrators, personal representatives, successors, and assigns of the Landlord and Tenant.
No negligence required: it is agreed between the parties that in any action for damages to the premises, the Landlord is not required to demonstrate that the Tenant was negligent in some fashion in causing damage to the premises in order to hold the Tenant liable.
Validity: in case any provision of this lease is held illegal or invalid, the remainder of the provisions of this agreement shall remain in full force and effect.
Expiration of agreement: at the expiration of the term of the lease, if the agreement is not renewed, the Tenant may remain in the premises on a month to month basis under the same terms and conditions of this lease. Either party may terminate the month to month rental by giving 30 day written notice, in advance, of their intention to so terminate. Nothing in this provision shall be construed as limiting the Landlord's right to increase the rental charge at the expiration of the term.

Witness: [______________________________________]

[______________________________________]Landlord

[______________________________________]Tenant

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