Law
sult112
sample_residential_lease-2.docRESIDENTIAL LEASE
Date: ,
Landlord:
Tenant: ,
Recitals:
A. Landlord is , an Oregon .
B. Tenant has delivered to Landlord an application to rent. Landlord has relied reasonably on the accuracy of Tenant’s application and the facts set forth therein in entering into this Lease. Tenant’s application is incorporated into this Lease by this reference.
D. Landlord leases to Tenant the following described property (the “Premises”), on the terms and conditions stated below:
. . . together with the following items of personal property owned by Landlord:
Agreement
Section 1. Occupancy
1.1 Term. The tenancy covered by this agreement will be a month-to-month tenancy and may be terminated by either Landlord or Tenant at any time upon 30 days’ prior written notice delivered to the other according to Section 14.3 below.
1.2 Possession. Tenant’s right to possession and obligations under the Lease will commence at 12:01 a.m. on DATE, or on such later date as the Premises are available for possession by Tenant if possession is not given on the beginning day of the term. If Landlord is unable to give Tenant possession of the Premises on or before the above date, Tenant may rescind the Lease by written notice to Landlord at any time thereafter, before the date on which possession is tendered by Landlord.
Section 2. Rents, Utilities, and Other Charges
2.1 Basic Rent and Due Date. Tenant will pay to Landlord as rent the sum of X dollars $X _______ per month. Rent will be payable on the first day of each month in advance at _______________ or at such other place as may hereafter be designated by Landlord. Rent for the first and last months of the Lease term will be prorated on a daily basis if the Lease commences or terminates on a day other than the first day of the month.
Additional Clause (First and Last Months’ Rent)
. . . except that rent for the first and last months has been paid on the execution of this Lease, and Landlord acknowledges receipt of this sum. Landlord will have no obligation to segregate advance rents during the term of the Lease but will account to Tenant for any unearned advance rent on termination of the Lease for any reason other than Tenant’s default.
2.1.1 Rent checks will be made payable to ______________.
2.2 Additional Rent (utilities) Tenant will pay as additional rent the costs of all utilities for the Premises, including, but not necessarily limited to electricity, oil heating, natural gas, water, heat, air conditioning, sewage, garbage collection and disposal, and telephone. All additional rent will be paid as charges become due. r
2.3 Cleaning Fee. Tenant will deposit the sum of two hundred dollars ($200.00) with Landlord upon the execution of this Lease, as a nonrefundable fee for cleaning the Premises upon termination of the Lease.
2.4 Security Deposit. Tenant will deposit the sum of one thousand dollars ($1,000.00) with Landlord upon the execution of the Lease as a security deposit to be applied to remedy any default by Tenant in performance of Tenant’s obligations under the Lease, including unpaid rent, and to repair damages to the Premises caused by Tenant, not including ordinary wear and tear. Within 30 days after termination of the Lease and delivery of possession of the Leased Premises to Landlord, Landlord will either refund the deposit to Tenant or will give Tenant a written accounting stating the basis or bases of Landlord’s claim to the deposit. If costs of repairing damages exceed the amount of the security deposit, Tenant will be responsible for all such excess costs. No interest will accrue or be payable on this deposit.
2.5 Deposit for Keys. Tenant will deposit the sum of one hundred dollars ($100.00) with Landlord upon the execution of this Lease to ensure the return of all keys to the Premises upon termination of the Lease. The deposit will be refunded upon the return of all keys but will otherwise be retained by Landlord as compensation for lost keys and to cover the expense of changing the locks. No interest will accrue or be payable on this deposit.
2.6 Rent Increases. Landlord reserves the right to increase the monthly rent at any time upon thirty (30) days’ prior written notice to Tenant.
2.7 Late Charges. Rent is due in advance on the first day of each month and is late after the fifth (5th) day of the month. If rent remains unpaid at 5:00 p.m. on the sixth (6th) day following its due date, Tenant agrees to pay a late charge of fifty dollars ($50.00). Any dishonored check will be treated as unpaid rent subject to the same late charge plus fifty dollars ($50.00) as a special handling fee.
2.8 Other Fees. Other fees may include a fee of $50.00 for each instance of (i) dishonored check; (ii) tampering with a smoke and/or CO2 alarm; (iii) late payment of utility.
2.8 Items Furnished for use while occupying premises:
(List/identify range, refrigerator, washer, dryer, dishwasher, garbage disposal, microwave, garbage can, dumpster, garage door opener and any other)
Section 3. Use of the Premises
3.1 Permitted Use. The Premises will be used as a dwelling unit and for no other purpose. No persons other than Tenant’s immediate family or Tenant will reside on the Premises. The members of Tenant’s family authorized to reside on the premises are:
Name:
Name:
Name:
Tenant will not permit any guest to occupy the Premises for any period in excess of seven (7) consecutive days.
3.2 Pets and Pet Deposit. Tenant will maintain no pets on the Premises without the prior written consent of Landlord, which may be withheld at Landlord’s sole discretion. The word “pets” means any member of the animal kingdom, including but not limited to dogs, cats, snakes, insects, or any other mammal, reptile, fish, or birds.
Pet Consent (if any): Landlord consents to the following pets:
Tenant agrees to pay a refundable security deposit of $ for the pet(s) noted above.
3.3 Rules and Regulations. Tenant will not permit any acts to be done on the Premises in violation of any law or ordinance. In addition, Tenant will comply with any additional rules and regulations of which Tenant is hereafter given notice.
3.4 Extended Absence. Tenant will notify Landlord in writing of any anticipated absence in excess of seven days no later than the first day of the extended absence.
3.5 Alterations. Tenant will not make or permit any alteration to be made on the Premises without the prior written consent of Landlord.
3.6 Restrictions on Use. In connection with the use of the Premises, Tenant will:
3.6.1 Refrain from any use that would be reasonably offensive to Landlord, other tenants, or owners or users of adjoining Premises or that would tend to create a nuisance or damage the reputation of the Premises.
3.6.2 Refrain from loading the floors beyond the point considered safe by a competent engineer or architect selected by Landlord.
3.6.3 Refrain from making any marks on or attaching any sign, insignia, antenna, aerial, or other device to the exterior or interior walls, windows, or roof of the Premises without the written consent of Landlord, or that in any way would detract from the general use of the remainder of the building and Landlord’s adjacent property.
3.6.4 Refrain from any act by Tenant or by a person within Tenant’s control that is outrageous in the extreme, as defined in ORS 90.396(1)(f).
3.6.5 Keep the premises in such a way as to minimize mold growth.
3.7.6 Refrain from tampering with any smoke alarm or detector provided at the premises in accordance with ORS 479.250, 255 or any other provision of Oregon law.
3.7 Mold Prevention/Notification. Tenant will keep the premises in a condition and manner that minimizes the possibility of mold growth, and will promptly notify Landlord of any presence of mold or circumstance that could produce mold.
Section 4. Repairs and Maintenance
4.1 Landlord’s Responsibilities. Except as otherwise provided in the following section, Landlord will make all structural or mechanical repairs required to keep the Premises in good order and repair in accordance with the requirements of ORS 90.320.
4.2 Tenant’s Responsibilities. Tenant will maintain the Premises, including any maintenance of the yard that Landlord does not perform, in at least as good a condition as the Premises were in at the commencement of this Lease. Tenant will replace all broken glass and light bulbs during the terms of the Lease and will make any repairs necessitated by the negligence or willful act of Tenant or Tenant’s invitees. Tenant agrees to notify Landlord promptly of all required repairs and consents to the entry of Landlord on the Premises as required to make repairs. Tenant will be responsible for testing any smoke detector every six months in accordance with instructions posted on the Premises and will notify Landlord of any malfunction. Tenant has examined the Premises, accepts them in their condition as of the commencement of this Lease, and agrees to leave them in the same condition (excepting ordinary wear and tear) at the termination of the Lease.
Tenant will be responsible to give Landlord written notice of any repairs Tenant believes are Landlord’s responsibility.
Section 5. Landlord’s Right of Access
Upon compliance with the requirements of this Section 5, Landlord will have the reasonable right to enter the Premises to inspect the Premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; serve notices required or permitted under the Act; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. Tenant will not unreasonably withhold consent for Landlord or Landlord’s authorized agents to enter the dwelling unit or any portion of the Premises under Tenant’s exclusive control for purposes set forth in this Section 5. Landlord will not abuse the right of access or use it to harass Tenant.
5.1 Landlord’s Right to Access without Tenant’s Prior Consent or Notice. Landlord’s right of access set forth above is limited as follows:
(1) Landlord or Landlord’s agent may enter the premises under Tenant’s exclusive control, not including the dwelling unit, without consent of Tenant and without notice to Tenant for the purpose of serving notices required or permitted under the law or under this lease.
(2) In case of emergency, Landlord or Landlord’s agent may enter the dwelling unit or any portion of the premises under Tenant’s exclusive control without consent of Tenant and without notice to Tenant at any time. “Emergency” includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If Landlord makes an emergency entry in Tenant’s absence, Landlord must give Tenant actual notice within 24 hours after the entry, and the notice must include the fact of the entry, the date and time of the entry, the nature of the emergency, and the names of the persons who entered.
(3) If Tenant requests repairs or maintenance in writing, Landlord or Landlord’s agents, without further notice, may enter on demand, in Tenant’s absence, or without Tenant’s consent, for the purpose of making the requested repairs until the repairs are completed. Tenant’s request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by Tenant’s written request expires after seven days unless the repairs are in progress and Landlord is making a reasonable effort to complete the repairs in a timely manner.
(4) Landlord may enter the dwelling unit and the premises without notice but only at reasonable times for the purpose of showing the Premises to a prospective buyer, as long as the parties enter into an agreement that:
(a) Is executed at a time when Landlord is actively attempting to sell the Premises;
(b) Is reflected in a separate writing signed by both parties; and
(c) Is supported by separate consideration.
(5) In all instances not specifically provided for above, and unless there is an agreement between Landlord and Tenant to the contrary, Landlord must give Tenant at least 24 hours’ actual notice of intent to enter and Landlord may enter only at reasonable times. Tenant may reasonably withhold consent to enter but must give actual notice to Landlord or Landlord’s agent or by attaching a written notice of the denial in a secure manner to the main entrance to the Premises or dwelling unit before or at the time of Landlord’s entry.
(6) Landlord has no other right of access except:
(a) Under a court order;
(b) As permitted by ORS 90.410(2), which permits Landlord entry at times reasonably necessary during the absence of Tenant for more than seven days;
(c) When Tenant has abandoned or surrendered the Premises.
(7) If Landlord is required by a governmental agency to enter the dwelling unit or any portion of the Premises under Tenant’s exclusive control, but Landlord fails to gain entry after a good-faith effort in compliance with this section, Landlord will not be found in violation of any state statute or local ordinance because of the failure.
Section 6. Insurance
6.1 Fire and Theft Insurance. Tenant will not be required to insure the Premises against theft, fire, or other casualty. Tenant will bear the expense of any insurance insuring the personal property of Tenant on the Premises against such risks but will not be required to insure.
6.2 Liability Insurance. During the term of the Lease, Tenant will procure and maintain public liability and property damage insurance with a responsible company with limits of not less than $_______ for injury to one person, $_______ for injury to two or more persons in one occurrence, and $_______ for damage to property.
Section 7. Liability to Third Persons
7.1 Liens. Except with respect to activities for which Landlord is responsible, Tenant will pay as due all claims for work done on the Premises and for services rendered or material furnished to the Premises, and will keep the Premises free from any liens caused by Tenant’s failure to meet Tenant’s obligations.
7.2 Indemnification. Tenant will indemnify, defend, and hold Landlord harmless from any claim, loss, or liability arising out of or related to any activity on the Premises of Tenant, and any person who comes on the Premises at the invitation or with the acquiescence of Tenant. Tenant’s duty to indemnify will not apply to or prevent any claim by Tenant against Landlord for injury or damage to Tenant or Tenant’s property for which Landlord may be liable.
Section 8. Damage and Destruction
If the Premises are damaged or destroyed by fire or other casualty, Landlord may, at Landlord’s option, terminate the Lease. In lieu of terminating the Lease, Landlord may elect within 30 days after the damage occurs to repair the damage and continue the Lease. If Landlord elects to repair, Landlord will have exclusive possession of so much of the Premises as may be required to effect the repairs, and Tenant will be entitled to an abatement of the rent or a fair portion thereof until the Premises have been made fit for occupancy and use.
Section 9. Eminent Domain
If a condemning authority takes all of the Premises or a portion sufficient to render the remaining Premises reasonably unsuitable for Tenant’s use as a dwelling unit, the Lease will terminate as of the earlier of the date that title or possession is taken by the condemning authority. Landlord will be entitled to all of the proceeds of condemnation, and Tenant will have no claim against Landlord as a result of the condemnation.
Section 10. Quiet Enjoyment
Landlord warrants that Landlord is the owner of the Premises, that Landlord has the right to Lease them, and that Tenant will be entitled to quiet enjoyment of them during the term of the Lease.
Section 11. Assignment and Sublease
No part of the Premises may be assigned, mortgaged, or subleased, nor may a right of use of any portion of the property be conferred on any third person by any other means, without the prior written consent of Landlord. Such consent will not be unreasonably withheld. No consent in one instance will prevent this provision from applying to a subsequent instance.
Section 12. Identification of Owner and Manager
12.1 Owner. Landlord is the owner of the Premises. All service of process, notices, and demand will be made on Landlord at the following address: ________________________________________.
12.2 Manager. The person authorized to manage the Premises is _________________. The address of the manager is ________________.
Section 13. Remedies
13.1 Basic Remedies. The remedies of Landlord and Tenant for breach of this Lease or of the Act will be as set forth in ORS 90.100–90.435 and 105.105–105.168 and will specifically include, but not be limited to, the remedies set forth in the following sections.
13.2 Landlord’s Right to Terminate Lease
13.2.1 On 24 Hours’ Notice. Landlord may immediately terminate the Lease and take possession after 24 hours’ written notice if (1) Tenant, someone in Tenant’s control, or Tenant’s pet seriously threatens immediately to inflict personal injury, or inflicts any substantial personal injury, on Landlord or other Tenants; (2) Tenant, someone in Tenant’s control, or Tenant’s pet inflicts any substantial personal injury on a neighbor living in the immediate vicinity of the Premises or on a person other than Tenant on the Premises with permission of Landlord or another tenant; (3) Tenant or someone in Tenant’s control intentionally inflicts any substantial damage to the Premises; (4) Tenant’s pet inflicts substantial damage to the Premises on more than one occasion; (5) Tenant has vacated the Premises, and the person in possession is holding contrary to a written rental agreement that prohibits subleasing the Premises to another or allowing another person to occupy the Premises without the written permission of Landlord, and Landlord has not knowingly accepted rent from the person in possession; or (6) Tenant, someone in Tenant’s control, or Tenant’s pet commits any act that is outrageous in the extreme on the Premises or in the immediate vicinity of the Premises, including, but not limited to Tenant, or any guest or invitee of Tenant, possessing, cultivating, manufacturing, or distributing any controlled substance on the Premises or in any way using proceeds from possession, cultivation, manufacture, distribution, or sale of any controlled substance as defined by federal or state law in connection with the Premises. An act that is “outrageous in the extreme” is similar in degree to the acts described in items (a)–(d) below and is one that a reasonable person in the community would consider to be so offensive as to warrant termination of the tenancy within 24 hours, considering the seriousness of the act or the risk to others. Such an act is more extreme or serious than an act that warrants a 30-day termination under Section 13.2.5. An act that is “outrageous in the extreme” includes, but is not limited to, the following acts by a person: (a) prostitution or promotion of prostitution, as described in ORS 167.007 and 167.012; (b) manufacture or delivery of a controlled substance, as described in ORS 475.005; (c) intimidation, as described in ORS 166.155 and 166.165; or (d) burglary as described in ORS 164.215 and 164.225.
13.2.2 Nonpayment of Rent. If rent is more than four days past due, Landlord may give a 144-hour notice and, if the rent remains unpaid after expiration of the notice, may terminate this agreement and take possession under ORS 105.105–105.168. In the alternative, and at Landlord’s option, if rent is more than seven days past due, Landlord may give a 72-hour notice and, if the rent remains unpaid after expiration of the notice, may terminate this agreement and take possession under ORS 105.105–105.168.
13.2.3 Keeping a Pet. If Tenant keeps a dog, cat, or other pet capable of causing damage to persons or property on the Premises in violation of the Lease, Landlord may deliver a written notice to Tenant specifying the violation and stating that the Lease will terminate on a date not less than 10 days after receipt of the notice unless Tenant removes the pet from the Premises before the date specified in the notice.
13.2.4 Misstatement on Application. The application referred to in the recitals is hereby fully incorporated into this Lease by this reference. The parties agree that any material misstatement of fact by Tenant on the application will also be a breach of this Lease. Landlord may deliver a written notice to Tenant stating the material misstatement of fact and that the Lease will terminate on a date not less than 30 days after Tenant’s receipt of the notice.
13.2.5 Other Breaches. In the case of any other material noncompliance by Tenant with the terms of the Lease or any noncompliance with ORS 90.325 materially affecting health and safety, Landlord may deliver a written notice to Tenant specifying the acts and omissions constituting the breach and that the Lease will terminate on a date not less than 30 days after receipt of notice if the breach is not remedied.
13.3 Manner of Taking Possession. If the Lease is terminated under the provisions of this section, Landlord may take possession in the manner provided in ORS 105.105–105.168 or in any other manner, including voluntary surrender by Tenant.
13.4 Landlord’s Right to Sue for Unpaid Rent. Landlord will be entitled to bring an action against Tenant at any time to recover unpaid rent. If Landlord elects to terminate the Lease because of Tenant’s breach, Landlord will be entitled to bring an action for unpaid rent for the remainder of the Lease term.
13.5 Abandoned Property. Property of Tenant left on the Premises after surrender or abandonment of the Premises or termination of this Lease by any means will be deemed abandoned and, after proper notice as required by law, will be disposed of in accordance with ORS 90.425.
13.6 Default Rate of Interest. Interest will accrue on all rent due and unpaid at the default rate of 12% per annum from the date the rent became due until it is fully paid.
Section 14. Miscellaneous
14.1 Nonwaiver. Waiver by either party of strict performance of any provision of this Lease, including acceptance by Landlord of late payment of rent, will not waive or prejudice the party’s right to require strict performance of the same provision in the future or of any other provisions.
14.2 Attorney Fees and Costs
14.2.1 No Suit or Action Filed. If this Lease is placed in the hands of an attorney because of a default in the payment or performance of any of its terms, the defaulting party will pay, immediately on demand, the other party’s actual fees and expenses together with reasonable attorney fees, even though no suit or action is filed.
14.2.2 Arbitration or Mediation; Trial and Appeal. If any arbitration, mediation, or other proceeding is brought in lieu of litigation, or if a suit or an action is instituted to enforce or interpret any of the terms of this Lease, or if a suit or an action is instituted in a Bankruptcy Court for the United States District Court to enforce or interpret any of the terms of this Lease, to seek relief from an automatic stay, to obtain adequate protection, or to otherwise assert the interest of Seller in a bankruptcy proceeding, the party not prevailing will pay the prevailing party’s actual fees and expenses, costs and disbursements, fees and expenses of expert witnesses used to determine reasonable attorney fees under ORCP 68, and such sums as the court may determine to be reasonable for the prevailing party’s attorney fees connected with the trial and any appeal and by petition for review thereof; in addition, the Court will award the prevailing party attorney fees.
14.2.3 Definitions. For purposes of this Lease, the term attorney fees includes all charges of the prevailing party’s attorneys and their staff (including without limitation legal assistants, paralegals, and word processing and other support personnel) and any postpetition fees in a bankruptcy court. For purposes of this Lease, the term fees and expenses includes but is not limited to all long-distance telephone charges, expenses of facsimile transmission and receipt, postage (including costs of registered or certified mail and return receipts), express mail or parcel delivery, mileage, and all deposition charges, including but not limited to court reporters’ charges, appearance fees, and all costs of transcription, expert witness fees and all of their charges and expenses, costs incurred in searching records, and the cost of title reports, litigation reports, foreclosure reports, and surveyor’s reports.
14.3 Notices
14.3.1 Delivery of Notices. All notices from Landlord to Tenant will be served by personal delivery, first-class mail, or first-class mail and attachment to the main entrance to the dwelling unit. All notices from Tenant to Landlord will be served by personal delivery, first-class mail, or first-class mail and attachment at the address/location set forth in Section 12 above.
14.3.2 Tenant Appoints Agent. Each Tenant hereby appoints all other Tenants as that Tenant’s agent to receive any notice that Landlord is required to give under the terms of this Lease.
14.4 Succession. Subject to the provisions of Section 11, this Lease will be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
14.5 Number, Gender, and Captions. As used in this Lease, the singular includes the plural, and the plural the singular. The masculine and neuter each include the masculine, feminine, and neuter, as the context requires. All captions used in this Lease are intended solely for convenience of reference and in no way limit any of the provisions of this Lease agreement.
14.6 Tenant’s Acknowledgment. Tenant hereby acknowledges that Tenant has read and received a copy of this Lease agreement, including any exhibits to it.
14.7 Prior Agreements. This document is the entire, final, and complete agreement of the parties pertaining to the Lease and supersedes and replaces all written and oral agreements heretofore made or existing by and between the parties or their representatives insofar as the Lease or the Leased Premises are concerned (save and except for the application, if any, recited in this Lease).
14.8 Modification. No modification of this Lease will be valid unless in writing and signed by the parties hereto.
14.9 Compliance with Residential Landlord and Tenant Act. This Lease is intended to comply with the provisions of the Act, ORS 90.100 et seq, in effect on the date first written above. If a court determines that any provision in the Lease conflicts with the Act, the provisions of the Act will control. This Lease will be deemed to be amended to comply with any statutory changes in the Act if the changes apply retroactively to existing Leases, but not otherwise.
The parties have executed this Residential Lease Agreement on the date first written above, which is its effective date.
Landlord (or Landlord’s Agent):
Tenant:
GUARANTEE
[I / We], for and in consideration of rental of residential premises to a person to whom we are related or acquainted, together with other good and valuable consideration, the receipt and adequacy whereof is hereby acknowledged, do hereby guarantee complete and faithful performance of the aforesaid Residential Lease. [I / We] do further stipulate, warrant, and agree that should Tenant default in performance of [its / his / her / their] obligation to Landlord in performance of the Residential Lease, that [I / we] will undertake to perform the Residential Lease by paying the balance thereof.
[I / We] agree that Landlord may do any of the following without notice to [me / us] and without releasing or in any way affecting [my / our] liability: renew, extend, or otherwise modify or change the time or manner of performance by Tenant of [its / his / her / their] obligations, release any property that secured the obligations of Tenant, or take any action under the terms of any agreement that Landlord has with Tenant.
[I / We] further agree that Landlord does not have to give notice to [me / us] of any defaults of Tenant, and that Landlord may collect the obligations owed by Tenant directly from [me / us] without first attempting to collect from Tenant or foreclose on any security for the obligations. In lawyer’s terms, this means [I / we] waive presentment, protest, demand for payment, and notice of dishonor. [I / we] further waive any notice of adverse change in Tenant’s financial condition or any other fact that might increase [my / our] risk.
[I / We] further agree that if Tenant owes money to [me / us], Landlord will be paid before [me / us]. This means that any amounts owed by Tenant to [me / us] are subordinated to Landlord.
Landlord does not have to accept this agreement in writing to make it effective, as it will be effective when signed by [me / us].
[I / We] further stipulate, warrant, and agree that should any suit or action be filed to enforce the terms or provisions of this Guarantee, the party not prevailing therein agrees to pay the prevailing party’s reasonable attorney fees, costs, and disbursements incurred therein, including any such fees associated with any appeal therefrom.
DATED this _____ day of _____________, 20___.
STATE OF OREGON )
) ss.
County of ___________ )
On this ____ day of _____________, 20___, personally appeared before me the above-named [person / persons] and acknowledged the foregoing instrument to be [his / her / their] voluntary act and deed.
By:
Notary Public for Oregon
My commission expires:
