This Residential Lease Agreement is used by a landlord to lease a residential property
to a tenant. This document contains the material terms of the lease agreement
including the rent amount, security deposit, and various tenant and landlord covenants.
This document provides standard clauses commonly used in lease agreements, but it
may be customized to ensure that the specific understandings of the parties are
properly set forth. This lease agreement is intended for use by a landlord when entering
into a residential lease that permits subleasing.
RESIDENTIAL LEASE AGREEMENT
THIS INDENTURE made in duplicate as of the ___ day of _________, 20____. [Instruction:
Insert date Residential Lease Agreement is fully signed unless alternative date agreed to
between parties.]
BETWEEN:
___________________________, [Instruction: Insert Landlord’s Name.]
(Hereinafter called the “Landlord”),
OF THE FIRST PART,
And
_____________________________, [Instruction: Insert Tenant’s Name.]
(Hereinafter called the “Tenant”),
OF THE SECOND PART.
WHEREAS in consideration of the rents, covenants and agreements hereinafter reserved and
contained on the part of the Tenant, his/her heirs, executors, administrators, successors and
assigns to be paid, observed and performed, the Landlord hereby leases unto the Tenant, his/her
heirs, executors, administrators, successors and assigns for use and occupation as residential
premises and for no other purpose, all those certain premises known municipally as
_____________________ [Instruction: Insert address of property to be rented. If only a
portion of an address is to be rented, give a brief description of that portion (for example,
“the entire first floor of that certain property located at 1 Yawkey Way, Boston,
Massachusetts 11111”).] (hereinafter called the “Premises”) upon the following terms and
conditions:
WHEREAS Landlord is the fee owner of the Premises [Comment: If only a portion of an
address is being rented, this sentence should be revised to state that Landlord is the fee
owner of the entire address, if same is true.]
1. To have and to hold the Premises for and during the term of __________ (____)
months/years [Instruction: Insert length of time lease will be in effect, then choose if
same is measured in months or years.] commencing on the _____ day of _____________,
20____, [Instruction: Insert lease start date.] (hereinafter called the “Term”).
2. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to
Landlord by Tenant in accordance with this Agreement. However, the Security Deposit shall
not be considered Rent. Tenant shall pay to Landlord _______ ($_______) Dollars
[Instruction: Insert written amount of rent followed by the numerical amount in
parentheses.] per month as Rent for the Term of the Agreement. Acceptable forms of
payment of Rent to Landlord shall be by Tenant’s good check, subject to collection or
official check issued by any bank, savings bank, trust company or savings and loan
association, unendorsed and payable to Landlord at Landlord’s address as set forth in this
Lease. Landlord will apply all funds received from Tenant first to any non-rent obligations
of Tenant including late charges, returned check charges, charge-backs for repairs, brokerage
fees, and periodic utilities, then to Rent, regardless of any notations on a check.
3. The Tenant covenants and agrees to deliver Rent to the Landlord by the date due. Due date
for Rent payment shall be the 1st day of each calendar month and shall be considered
advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue
and delinquent on the 2nd day of each calendar month. In the event that the Commencement
Date is not the 1st of the calendar month, Rent payment remitted on the Commencement
Date shall be prorated based on a 30-day period. If rental payments are not received by the
date due, a late charge of ________ ($_____) [Instruction: Insert written dollar amount of
late charge to be charged followed by numerical amount in parentheses.] Dollars in
addition to the monthly rent will immediately become due and payable. In the event that any
payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant stops payment,
Tenant will pay __________ ($__) [Instruction and Comment: Insert numerical dollar
amount to be charged in event of returned check; Amount should be reasonable and
Landlord may want to have such dollar amount be reasonably related to the amount to
be charged by Landlord’s bank for such checks.] to Landlord for each such check, plus
late fees as described herein until Landlord has received payment in full. Further, Landlord
may require in writing that Tenant pay Rent in cash for 3 months, and that all future Rent
payments shall be remitted by Tenant to Landlord by money order or cashier's check.
4. The Landlord and the Tenant mutually covenant and agree that whenever notice is required
to be given by either the Landlord or the Tenant to the other pursuant to this Lease, the same
shall be in writing and, except as otherwise provided, be deemed to be sufficiently given if
mailed postage prepaid and registered mail to the Tenant at the Premises and notice to the
Landlord shall be addressed to ______________________. [Instruction: Insert Lan