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Form #1167Comprehensive Lease Adaptable for Business or Residential Purposes
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Comprehensive lease
adaptable for business or residential purposes.
This lease made in _________, state of _________, _________[date],Â
between _________, of _________, as lessor, and _________, of _________, as
lessee, witnesses:
Lessor, for and in consideration of the agreements of
lessee mentioned below, hereby leases to lessee, and lessee hereby leases from
lessor, the premises [or as the case may be] located at _________, state of
_________,described as follows: _________, excepting and reserving to lessor
_________, including the right to _________.
This lease is for the term of _________ years [or as
the case may be], beginning _________[date], and ending _________[date],
unless sooner terminated as provided below.
A. Agreements of Lessee
Lessee, in consideration of the leasing, agrees:
1. To pay as rent for premises the sum of $_____ per
month [or as the case may be], payable on the _________ day of each month [or
as the case may be] during the term of this lease, at _________.
2. To pay all charges for light, heat, fuel, power and
water furnished or supplied to or on any part of premises.
3. To pay all taxes and assessments, ordinary and
extraordinary, general and specific, including the same for [year], which may
be levied or assessed on premises.
4. To pay all reasonable costs, attorneys' fees and
expenses that shall be made and incurred by lessor in enforcing the agreements
of this lease.
5. To use and occupy the premises for _________
purposes only, and for no other object or purpose without written consent of
lessor, and to not use premises for any unlawful purpose or purpose deemed
extra hazardous.
6. To keep the premises in as good repair as the same
shall be at the commencement of the term, wear and tear arising from the
reasonable use of the same and damages by the elements excepted.
7. To keep the buildings and improvements on the
premises insured in a responsible insurance company or companies for not less
than $_____, payable, in case of loss, to lessor as lessor's interest may
appear.
8. To permit lessor and lessor's agents to enter on
the premises or any part thereof, at all reasonable hours, for purpose of
examining or exhibiting same or making such repairs or alterations as may be
necessary for safety or preservation thereof;Â also to permit lessor to place
on premises notice of "For Sale" and "To Rent" and not
interfere with same.
9. To deliver to lessor within _________ days from
execution of this lease a surety bond in amount of $_____ from a reputable
bonding company, guaranteeing faithful performance by lessee of all terms and
conditions of this lease.
10. Not to assign this lease nor sublet the premises
or any portion thereof without written consent of lessor.
11. Not to
make any contract for construction, repair, or improvements on, in, of, or to
premises, or any part thereof, or for any work to be done or materials to be
furnished on or to premises, or any part thereof, without providing in such
contract or agreement that no lien of mechanics or materialmen shall be created
or shall arise against above-described land and/or the building or improvements
at any time located thereon. All persons furnishing any work, labor or
materials, as well as all other persons whatever, shall be bound by this
provision and by the notice of it from and after date of this lease, and notice
is hereby given that no mechanic's lien,
materialmen's lien, or any other incumbrance made by
or obtained against lessee, or lessee's interest in demised land and/or the
building or improvements thereon, shall in any manner or degree affect the
title or interest of lessor in land and/or the building or improvements
thereon. To that end, lessee agrees not to make any contract or agreement,
either oral or written, for any labor, services, fixtures, material or supplies
in connection with altering, repairing or improving any building or improvement
on premises without providing in such contract or agreement that contractor or
contractors waive all right to a mechanic's lien, and waive all right of any
subcontractor or subcontractors to mechanics' liens, by reason of furnishing
any labor, services and/or material under such contract or contracts, whether
written or oral, and that such contract or contracts shall, upon execution, be
immediately filed in office of recorder of deeds of _________ county,
_________, and a copy thereof lodged with lessor.
12. Lessee has examined and knows condition of
premises, and has received same in good order and repair, except as otherwise
specified in this lease, and no representations as to condition or repair
thereof have been made by lessor or lessor's agent, prior to, or at execution
of, this lease.
13. Lessor shall have a lien on all of property of
lessee used or situated on premises, to secure payment of rent (and other
indebtedness owing from lessee to lessor at any time during existence of this
lease) to become due under this lease, and in default of payment may take
possession of and sell such of the property as may be sufficient to pay
delinquent rent [or indebtedness].
14. Lessor shall have the right to sell premises,
provided, however, that notice of such contemplated sale shall be given in
writing to lessee at least _________ prior to time fixed for vacation of
premises by lessee, and provided, further, that during such period lessee shall
have option to buy premises at price and on terms of such contemplated sale. In
event of a sale of premises by lessor, after such notice and failure of lessee
to exercise the option to purchase, lessee agrees to vacate and give possession
of premises within _________ days after written notice of sale, given by lessor
to lessee, and after payment by lessor to lessee of $_____ on or before the
expiration of _________ days' notice.
15. If lessee shall abandon or vacate the premises,
they may be relet by lessor for such rent and on such terms as lessor may see
fit; and, if a sufficient sum shall not be thus realized, after paying all
expenses of such reletting and collecting to satisfy the rent hereby reserved,
lessee agrees to satisfy and pay all deficiency.
16. At expiration of this lease, to give peaceable
possession of premises to lessor, in as good condition as they now are, the
usual wear, inevitable accidents, and loss by fire excepted.
17. The lease may be terminated by lessor in the event
of the breach of any of the agreements of lessee contained herein, in which
case lessor may reenter on the premises, and this lease shall immediately
terminate.
18. This lease, at option of lessor, shall terminate
in case lessee shall by any court be adjudged a bankrupt or insolvent, or in
case lessee shall make an assignment for benefit of creditors.
19. To observe and comply with all rules, regulations
and laws now in effect or which may be enacted during the continuance of this
lease by any municipal, county, state or federal authorities having
jurisdiction over the premises, and to indemnify lessor for any damage caused
by violation thereof.
20. In case lessor, by reason of the failure of lessee
to perform any of the agreements or conditions contained herein, shall be
compelled to pay or shall pay any sum of money, or shall be compelled to do or
shall do any act which requires payment of money, the sum or sums so paid or
required to be paid, together with all interest, costs, and damages, shall be
added to instalment of rent, next becoming due or to any subsequent instalment
of rent, and shall be collectable as additional rent in same manner and with
same remedies as if it had been originally reserved. On failure of lessee to
make repairs, as provided for herein, lessor may make necessary repairs, and
add the amount of cost of such repairs to the rent due on the first of the
month following date of repairs, and such cost of repairs shall be and
constitute such rent together with the rent above provided for.
21. Failure of lessor to insist on the strict
performance of the terms, agreements and conditions contained herein, or any of
them, shall not constitute or be construed as a waiver or relinquishment of
lessor's right to enforce any such term, agreement or condition, but the same
shall continue in full force and effect.
22. Lessor shall not be liable for any damage to
persons or property occurring or arising on premises from any cause whatever.
23. _________[add any other affirmative or negative
provisions which lessor and lessee have agreed on].
B. Agreements of Lessor
Lessor, in consideration of the agreements of lessee
set forth above, agrees as follows:
1. To keep leased building [or as the case may be] in
good repair.
2. Lessee may make such alterations, additions, or
improvements in such parts of building as lessee deems necessary, provided,
however, written consent of lessor is first obtained.
3. Lessee shall have the right to assign this lease or
sublet the premises or any part thereof, subject to the following limitations,
viz.: _________.
4. To extend the term of this lease for a further term
of _________ years, at the same rental, payable in like manner, and subject to
same agreements as are contained in this lease, provided lessee gives written
notice to lessor of a desire to renew lease, at least _________ days [or
"months"] before expiration of terms of this lease, and provided
lessee is not in default in performance of terms and conditions of this lease,
and provided this lease is not terminated before expiration of term thereof as
provided for herein.
5. In event that at any time during the term of this
lease, _________[state occurrence], lessee shall have the right to
terminate this lease on the giving of at least _________ days' written notice
to lessor.
6. All fixtures erected in or attached to premises by
lessee may be removed by lessee at the termination of this lease, provided (a)
lessee shall not then be in default in the performance of any of the agreements
herein, (b) that such removal shall not permanently injure the building, and
(c) that removal shall be made before the expiration of this lease or any
extension thereof.
7. Lessee shall have the right, at the end of the term
of this lease, or at any time during the term thereof, to purchase property
from lessor, or lessor's heirs, executors, administrators and assigns, for
$_____ and, on tendering of such amount in lawful money of United States by
lessee as above provided, lessor agrees immediately to deliver to lessee a
sufficient warranty deed of premises.
8. Should any more favorable condition be included in
any other leases on space in this building, during the life of the instrument,
pertaining to termination of lease or rate of rental per square foot, in
particular or other conditions in general, these same conditions are made a
part of the contract.
9. Not to engage, during the life of this lease, in
the city of _________, _________, directly or indirectly, whether as owner,
partner, stockholder, or otherwise, in the _________[rival] business.
10. Not to rent, during the term of this lease, the
adjoining premises [or as the case may be], owned by lessor, for a business in
competition with that of the lessee which is _________.
C. Mutual Agreements of Lessor and Lessee
1. Lessee
agrees to deposit with lessor, on signing of this lease, $_____ in cash as
security for payment of rent herein received and faithful performance by lessee
of all terms, conditions and agreements of lease, as well as to
indemnify lessor for any costs or expense to which
lessor may be put by reason of any default by lessee. Lessor agrees to pay
interest to lessee on before-mentioned security deposit of $_____ at rate of
_____% per annum and to repay lessee the $_____ so deposited as security, by
crediting same on account of payment of rent for last _________ months of
demised term, provided that all of terms, conditions and agreements of lease
shall have then been fully complied with by lessee.
2. If during the term of this lease the premises shall
be destroyed by fire, the elements, or any other cause, this lease shall cease
and become null and void from date of such damage or destruction and lessee
shall immediately surrender premises to lessor and shall pay rent only to time
of such surrender. If premises shall be damaged by fire or other cause so as to
be capable of being repaired within a reasonable time, lessor shall have the
option to repair the same and during time that repairs are being made lessor
shall remit to lessee a just and fair portion of rent according to nature of
damage sustained and according to extent that lessee is deprived of use of
premises.
3. This lease shall be deemed renewed and extended for
the further term of _________ from expiration of term hereby granted, unless
either lessor or lessee, at least _________ months prior to termination
thereof, shall give written notice to the other of an intention to take
possession of, or to surrender, as the case may be, the premises on date fixed
herein for the expiration of term. The rent during such extended term shall be
at same rate as rate provided for herein, and extension shall be on the terms,
conditions and agreements contained in this lease, including this clause.
4. If default be made in the payment of the rent above
reserved, or any part thereof or in any of the agreements herein contained, to
be kept by lessee, it shall be lawful for, and lessee hereby requests lessor
without notice, to declare said term ended, and to reenter premises or any part
thereof, either with or without process of law, and lessee or any other person
or persons occupying the same, to expel, remove and put out, using such force
as may be deemed necessary in so doing, and premises again to repossess and
enjoy as in lessor's first estate; and in order to enforce a forfeiture of this
lease for default in any of its conditions it shall not be necessary to make
demand or to serve notice on lessee, and lessee waives all right to any demand
or notice from lessor of lessor's election to declare this lease at an end or
of declaring it so to be; but the fact of nonperformance of any of the
agreements of this lease, shall in itself at election of lessor, without notice
or demand, constitute a forfeiture of lease, and at any and all times after such
default, lessee shall be deemed guilty of a forcible detainer of the premises
and all notices required by any statute of the state of _________, or otherwise
are hereby waived.
5. If lessee shall hold over, after expiration of the
term hereby created, with consent of lessor, it shall be deemed a renewal of
this lease, and of all the conditions and agreements therein contained for term
of _________ and so on from year to year until lease is terminated by either
party giving to the other not less than _________ days' notice of termination
prior to end of any term.
6. Notices and demands by either lessor or lessee may
be given by registered mail with prepaid postage addressed to lessor at
_________ or to lessee at _________, subject to the right of either the lessor
or lessee to designate by notice in writing a new address to which such notices
or demands must be sent.
7. All the agreements, conditions and undertakings
herein contained shall extend to and be binding on the representatives, heirs,
executors, administrators, successors and assigns, of respective parties hereto
as if they were in all cases named.
8. Wherever the worlds "lessor" and
"lessee" are used herein they shall be read as "lessors"
and "lessees" in all cases where there is more than one lessor or
lessee and with necessary grammatical changes as if duly made herein.
In witness whereof, the parties have set their hands
[and seals] the day and year first above written.
[Signatures,
etc.]
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Keywords: Comprehensive Lease Adaptable for Business or Residential Purposes, Real Estate, Lease
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