Month-to-Month Residential Rental Agreement

1. Identification of Landlord and Tenant

This Agreement is entered into on _________________, 199__, between _____________________ ("Tenant") and ___________________ ("Landlord"). Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement.

2. Identification of Premises

Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant rents from Landlord, for residential purposes only, the premises located at ___________________, ("the premises"), together with the following furnishings and appliances: 
_______________________________________________________________________________________________________________________________ .

Rental of the premises also includes 
_______________________________________________________________________________________________________________________________ .

3. Limits on Use and Occupancy

The premises are to be used only as a private residence for Tenant(s) listed in Clause 1 of this Agreement, and their minor children. Occupancy by guests for more than ___________________ is prohibited without Landlord's written consent and will be considered a breach of this Agreement.

4. Term of Tenancy

The rental will begin on _____________, 199___, and continue on a month-to-month basis. Landlord may terminate the tenancy or modify the terms of this Agreement by giving the Tenant __________ days written notice. Tenant may terminate the tenancy by giving the Landlord __________ days written notice.

5. Payment of Rent

Regular monthly rent

Tenant will pay to Landlord a monthly rent of $__________, payable in advance on the first day of each month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day. Rent will be paid to ______________________________________ at ______________________________________ or at such other place as Landlord designates.
 

Delivery of payment.
 

Rent will be paid:

___  by mail, to ____________________

___  in person, at ____________________

Form of payment. 

Landlord will accept payment in these forms:

___  personal check made payable to ____________________

___  cashier's check made payable to ____________________

___  credit card

___  money order

___  cash

Pro-rated first month's rent. 

For the period from Tenant's move-in date, ______________, 199__, through the end of the month, Tenant will pay to Landlord the pro-rated monthly rent of $_______. This amount will be paid on or before the date the Tenant moves in.

6. Late Charges

If Tenant fails to pay the rent in full before the end of the __________ day after it's due, Tenant will pay Landlord a late charge of $__________, plus $__________ for each additional day that the rent remains unpaid. The total late charge for any one month will not exceed $__________. Landlord does not waive the right to insist on payment of the rent in full on the date it is due.

7. Returned Check and Other Bank Charges

If any check offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment" or any other reason, Tenant will pay Landlord a returned check charge of $________.
Thereafter payment must be made by cash, money order or cashier's check.

8. Security Deposit

 On signing this Agreement, Tenant will pay to Landlord the sum of $________ as a security deposit. Tenant may not, without Landlord's prior written consent, apply this security deposit to the last month's rent or to any other sum due under this Agreement. Within __________ after Tenant has vacated the premises, returned keys and provided Landlord with a forwarding address, Landlord will return the deposit in full or give Tenant an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by Landlord, along with a check for any deposit balance.
This will be treated in accordance with State law.

9. Utilities

Tenant will pay all utility charges, except for the following, which will be paid by Landlord: 
____________________________________________________________.

10. Assignment and Subletting

Tenant will not sublet any part of the premises or assign this Agreement without the prior written consent of Landlord.

11. Tenant's Maintenance Responsibilities

Tenant will: (1) keep the premises clean, sanitary and in good condition and, upon termination of the tenancy, return the premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear; (2) immediately notify Landlord of any defects or dangerous conditions in and about the premises of which Tenant becomes aware; and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by Tenant or Tenant's guests or business invitees through misuse or neglect.

Tenant has examined the premises, including appliances, fixtures, carpets, drapes and paint, and has found them to be in good, safe and clean condition and repair, except as noted in the Landlord-Tenant Checklist.

12. Repairs and Alterations by Tenant

a. Except as provided by law, as authorized below or by the prior written consent of Landlord, Tenant will not make any repairs or alterations to the premises, including nailing holes in the wall or painting the rental unit.

b. Tenant will not, without Landlord's prior written consent, alter, re-key or install any locks to the premises or install or alter any burglar alarm system. Tenant will provide Landlord with a key or keys capable of unlocking all such re-keyed or new locks as well as instructions on how to disarm any altered or new burglar alarm system.

13. Violating Laws and Causing Disturbances

Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees will not use the premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession or sale of illegal drugs; (2) commit waste (severe property damage); or (3) create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident. 

14. Pets

No animal, bird or other pet will be kept on the premises, except properly trained dogs needed by blind, deaf or disabled persons and ____________________ under the following conditions: _________________________________________________________.

15. Landlord's Right to Access

Landlord or Landlord's agents may enter the premises in the event of an emergency, to make repairs or improvements or to show the premises to prospective buyers or tenants. Landlord may also enter the premises to conduct an annual inspection to check for safety or maintenance problems. Except in cases of emergency, Tenant's abandonment of the premises, court order, or where it is impracticable to do so, Landlord shall give Tenant _____________ notice before entering.

16. Extended Absences by Tenant

Tenant will notify Landlord in advance if Tenant will be away from the premises for _______ or more consecutive days. During such absence, Landlord may enter the premises at times reasonably necessary to maintain the property and inspect for needed repairs.

17. Possession of the Premises

a. Tenant's failure to take possession.

If, after signing this Agreement, Tenant fails to take possession of the premises, Tenant will still be responsible for paying rent and complying with all other terms of this Agreement.

b. Landlord's failure to deliver possession.

If Landlord is unable to deliver possession of the premises to Tenant for any reason, including, but not limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord.

18. Tenant Rules and Regulations

___  Tenants acknowledge receipt of, and have read a copy of, tenant rules and regulations, which are labeled Attachment __ and attached to and incorporated into this Agreement by this reference. 

19. Payment of Court Costs and Attorney Fees in a Lawsuit

In any action or legal proceeding to enforce any part of this Agreement, the prevailing party  ___ shall not   /  ___ shall    recover reasonable attorney fees and court costs.

20. Disclosures

Tenant acknowledges that Landlord has made the following disclosures regarding the premises:
___  Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
___  Other disclosures:
__________________________________________________
__________________________________________________
__________________________________________________

21. Authority to Receive Legal Papers

The Landlord, any person managing the premises, and anyone designated by the Landlord are authorized to accept service of process and receive other notices and demands, which may be delivered to:

___  The Landlord, at the following address: ________________________

___  The manager, at the following address: _________________________

___  The following person at the following address: ___________________
.
22. Additional Provisions

Additional provisions are as follows:

__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________

23. Validity of Each Part

If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or enforceability of any other provision of this Agreement.

24. Grounds for Termination of Tenancy

The failure of Tenant or Tenant’s guests or invitees to comply with any term of this Agreement, or the misrepresentation of any material fact on Tenant’s Rental Application, are grounds for termination of the tenancy, with appropriate notice to tenants and procedures as required by law.

25. Entire Agreement

This document constitutes the entire Agreement between the parties, and no promises or representations, other than those contained here and those implied by law, have been made by Landlord or Tenant. Any modifications to this Agreement must be in writing signed by Landlord and Tenant.

Date ____________________
Landlord or Landlord's Agent __________________
Title ____________________
Street Address ___________________________________________
City, State & Zip __________________________________________
Phone _______________________

Date ____________________
Tenant ______________________________________
Phone ____________________ 

Date ____________________
Tenant ______________________________________
Phone ____________________