THIS AGREEMENT is made on the …………..day of……….20……., entered into by the Landlord and the Tenant (Landlord and Tenant collectively referred to as the “Parties” or individually as the “Party”) and includes that party’s successors and assigns.
COMMENCEMENT AND DURATION
This agreement shall be valid from the check-in time to the check-out time.
The Landlord agrees to lease _______________________________(describe the property) to the Tenant, and the Tenant agrees to rent it from the Landlord at the contract sum (the “Premises”).
The Tenant shall pay the Landlord a sum of $_________________________for the services provided. The tenant shall also be required to pay a security deposit of $________________________to cover any damages that they may cause on the premises.
The total number of tenants staying on the premises shall not exceed ____________________________.
The Landlord shall be responsible for all utilities and services to the Premises EXCEPT for the following: ________________________________________________________________________.
At the time of the Tenant accepting possession, or shortly thereafter, the Landlord and Tenant shall inspect the premises and write any present damages or needed repairs on a move-in checklist. Any damages shall be promptly repaired.
The Landlord has the right to inspect the premises with reasonable prior notice given to the Tenant.
The Tenant shall maintain the premises in a good, clean, and ready-to-rent condition and use the premises only in a careful and lawful manner. The Tenant shall pay for maintenance and repairs should the premises be left in a lesser condition. The Tenant agrees that the Landlord shall deduct costs of said services from any security deposit prior to a refund if the Tenant causes damage to the premises or its furnishings.
The Tenants shall dispose of all waste material generated during the lease under the strict instruction and direction of the Landlord.
The Tenant, along with neighbors, shall enjoy each other’s company in a quiet and respectful manner to each other’s enjoyment. The Tenant is expected to behave in a civilized manner and shall be good neighbors with any residents of the immediate area.
The Tenant shall use the premises for residential use only. The Tenant is not authorized to sell products or services on the premises or conduct any commercial activity.
The Tenant shall use the premises for legal purposes only.
Any personal items or possessions that are left on the premises are not the responsibility of the Landlord. The Landlord shall make every reasonable effort to return the item to the Tenant. If claims are not made within the State’s required time period or two (2) weeks, whichever is shorter, the Landlord shall be able to keep such items to sell or for personal use.
Limitation on the number (where applicable)
If the Premises qualifies for a “deep clean” due to the amount of “wear and tear” from a party or large gathering, a fee of $___________ (“Party Cleanup Fee”) shall be charged at the end of the Lease Term. The Party Cleanup Fee may be deducted from the security deposit.
Breach of these rules or this agreement may attract termination of this agreement or forfeiture of the security deposit.
The Tenant and any of their Tenants hereby indemnify and hold harmless the Landlord against any and all claims of personal injury or property damage or loss arising from the use of the Premises regardless of the nature of the accident, injury or loss. The Tenant expressly recognizes that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of the Tenant and that the Tenant should purchase their own insurance and for their Tenants if such coverage is desired.
The Tenant shall vacate the premises at the expiration or termination of this agreement. The Tenant shall waive all rights to process if they fail to vacate the premises upon expiration or termination of the rental period.
Either party may terminate this agreement at any time upon breach of the contract by the other party. This may be due to among others:
Creating a disturbance of the premises by large gatherings or parties;
Use of illegal drugs or substances on the premises;
Verbal or physical abuse;
Illegal sexual behavior; and
Exceeding the number of Tenants allowed on the premises
If the Tenant has breached this agreement, the Landlord may terminate this agreement with no refunds on any amount paid by the Tenant.
Either party may terminate this agreement at any time if the other party agrees to the termination in writing.
Otherwise than for breach, or through consent, either party may terminate this agreement upon giving the other party no less than twenty-four (24) hours’ notices in writing. If the Tenant wishes to terminate the contract with less than twenty-four (24) hours’ notices, the Landlord reserves the right to charge costs that have already been paid in advance or incurred by the Landlord on the Tenant’s behalf.
The termination of this agreement shall not discharge the liabilities accumulated by either party.
Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.
The Parties shall be served through the following addresses (including email), and either party may change the below addressees by reasonable notice in writing given to the other party.
THE LANDLORD: ___________________________________________
THE TENANT: ___________________________________________
Clause headings are inserted for convenience only and shall be ignored in construing this agreement. All documents annexed to this agreement shall be subject to the terms under this agreement, provided that the Parties append their signatures on the documents. Any reference to: the singular includes the plural and vice versa; the male gender includes the female gender and vice versa and any agreement or other document includes that agreement or other form as varied or replaced by the Parties in writing from time to time. The Tenant shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) any information concerning this agreement or any additional information of any nature whatsoever concerning the Landlord, whether such information or matter is stated to be confidential or not, without the express written permission of the Landlord.
Failure by either party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement. The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one instrument. This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or written agreements or understandings between the parties concerning the subject matter of this agreement. A Party’s failure to fulfill its obligations due to Force Majeure, shall not be considered as breach of this agreement, provided that the party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement.
Save as may otherwise be provided in this agreement, the terms and conditions set out in this agreement are the only terms on which the Landlord is prepared to deal with the Tenant. This agreement shall be governed in all respects by the Texas State Laws. Any dispute under this agreement shall be resolved by Negotiation. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the Court’s jurisdiction. Either party may request changes to the agreement but they will only be effective if agreed in writing, signed by all parties and recorded. If any ambiguity is found in the agreement or various documents forming this agreement, the Landlord shall issue any necessary clarification or instruction. Each party shall bear its costs incurred in the negotiation, preparation, and execution of this agreement.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year set forth below.
Signed by the duly authorized representative of the LANDLORD Signature: Name: Designation: Date:………………………………………
Signed by the TENANT
Signature : Name: Date:…………………………………………….……
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