Fillable Printable Delaware Month to Month Lease Agreement
Fillable Printable Delaware Month to Month Lease Agreement
Delaware Month to Month Lease Agreement
Delaware Month to Month Lease
This Lease Agreement (“Lease”) is entered by and between (“Landlord”)
and
(“Tenant”) on
.
Landlord and Tenant may collectively be referred to as the “Parties.” This Lease creates joint and
several
liabilities in the case of multiple Tenants. The Parties agree as
follows:
PREMISES: Landlord hereby leases the premises located
at
(the “Premises”) to
Tenant.
LEASE TERM: The Lease will start
on
and will continue as a
month-to-month
tenancy. To terminate tenancy the Landlord or Tenant must give the other party a written 30 day notice
of
Lease non-renewal. The Tenant may only terminate their Lease on the last day of any month and
the
Landlord must receive a written notification of non-renewal at least 30 days prior to the last day of
that
month. If the Tenant plans to leave on or after the first of any month, they are responsible for that
month’s
full rent. If the Tenant does not provide the Landlord with a written 30 day notice, they shall forfeit
their
full deposit
amount.
LEASE PAYMENTS: Tenant agrees to pay to Landlord as rent for the Premises the amount of
$
each month in advance on the 1
st
day of each month
at
or at any
other
address designated by Landlord. If the Lease Term does not start on the 1
st
day of the month or end on
the
last day of a month, the first and last month’s rent will be prorated
accordingly.
LATE CHARGES: Rent is due on the 1
st
of each month. If any or all of the rent is not received by the
5
th
of the month, $10 per day will be charged as late fees until full rental payment is received. If rent is
not
received by the 10
th
of the month, Tenant will be considered in breach of the Lease Agreement and
eviction
proceedings will be
initiated.
INSUFFICIENT FUNDS: Tenant agrees to pay the charge of $25 for each check given by Tenant
to
Landlord that is returned to Landlord for lack of sufficient
funds.
SECURITY DEPOSIT: At the signing of this Lease, Tenant shall deposit with Landlord, in trust,
a
security deposit of
$
as security for the performance by Tenant of the terms under this Lease
and
for any damages caused by Tenant, Tenant’s family, agents and visitors to the Premises during the term
of
this Lease. Landlord may use part or all of the security deposit to repair any damage to the
Premises
caused
by Tenant, Tenant’s family, agents and visitors to the Premises. However, Landlord is not
just
limited to the security deposit amount and Tenant remains liable for any balance. Tenant shall not apply
or
deduct any portion of any security deposit from the last or any month’s rent. Tenant shall not use or
apply
any such security deposit at any time in lieu of payment of rent. If Tenant breaches any terms or
conditions
of this Lease, Tenant shall forfeit any deposit, as permitted by
law.
DEFAULTS: If Tenant fails to perform or fulfill any obligation under this Lease, Tenant shall be
in
default
of this Lease. Subject to any statute ordinance or law to the contrary, Tenant shall have seven
(7)
days from the date of notice of default by Landlord to cure the default. In the event Tenant does not cure
a
default, Landlord may at Landlord’s option: a) cure such default and the cost of such action may be
added
to Tenant’s financial obligations under this Lease; or b) declare Tenant in default of the Lease. In the
event
of default, Landlord may also, as permitted by law, re-enter the Premises and re-take possession of
the
Premises. Landlord may, at its option, hold Tenant liable for any difference between the rent that
would
have been payable under this Lease during the balance of the unexpired term, if this Lease had continued
in
force and any rent paid by any successive Tenant if the Premises are re-let. In the event Landlord is
unable
to re-let the Premises during any remaining term of this Lease, after default by Tenant, Landlord may at
its
option hold Tenant liable for the balance of the unpaid rent under this Lease if this Lease had continued
in
force. The failure of Tenants or their guests or invitees to comply with any term of this Agreement
is
ground for termination of the tenancy, with appropriate notice to Tenants and procedures as required by
law.
QUIET ENJOYMENT: Tenant shall be entitled to quiet enjoyment of the Premises and Landlord will
not
interfere with that right, as long as Tenant pays the rent in a timely manner and performs all
other
obligations
under this
Lease.
POSSESSION AND SURRENDER OF PREMISES: Tenant shall be entitled to possession of
the
Premises on the 1
st
day of the Lease Term. At the expiration of the Lease, Tenant shall peaceably
surrender
the Premises to the Landlord or Landlord’s agent in good condition, as it was at the commencement of
the
Lease, reasonable wear and tear
excepted.
USE OF PREMISES: Tenant shall only use the Premises as a residence. The Premises shall not be
used
to carry on any type of business or trade without prior written consent of the Landlord. Tenant will
comply
with all laws, rules, ordinances, statutes and orders regarding the use of the
Premises.
OCCUPANTS: Tenant agrees that no more than 2 persons may reside on the Premises without
prior
written consent of the
Landlord.
CONDITION OF PREMISES: Tenant or Tenant’s agent has inspected the Premises, the fixtures,
the
grounds, building and improvements and acknowledges that the Premises are in good and
acceptable
condition and are habitable. If at any time during the term of this Lease, in Tenant’s opinion,
the
conditions change, Tenant shall promptly provided reasonable notice to
Landlord.
ASSIGNMENT AND SUBLEASE: Tenant shall not assign or sublease any interest in this Lease
without
prior written consent of the Landlord, which consent shall not be unreasonably withheld. Any
assignment
or sublease without Landlord’s written prior consent shall, at Landlord’s option, terminate this
Lease.
DANGEROUS MATERIALS: Tenant shall not keep or have on or around the Premises any item of
a
dangerous, flammable or explosive nature that might unreasonably increase the risk of fire or explosion
on
or around the Premises or that might be considered hazardous by any responsible insurance
company.
UTILITIES ANDS SERVICES: Electricity, telephone service, cable television and other utilities are
not
furnished as a part of this Lease unless otherwise indicated in this Lease Agreement. These expenses
are
the
responsibility of and shall be obtained at the expense of the Tenant. Charge for heat, hot water,
water,
garbage pick-up, snow-removal and lawn maintenance furnished to the apartment are included as a part
of
this Lease and shall be borne by the Landlord. Tenant may not operate a clothes washing machine
or
dishwasher without prior consent by the Landlord. If consent is granted an additional charge of $50
per
month will be imposed for the increase in water usage. If Tenant operates a washing machine
or
dishwasher
without consent of the Landlord, a retroactive fee of $50 per month will be imposed for
every
month that the Tenant has had tenancy on the Premises beginning on the date of move
in.
PETS: Tenant shall not keep any pets on the Premises without the prior written consent of the
Landlord.
If Landlord grants permission to Tenant to keep pets, an additional security deposit of $500 will be
required
by the Landlord to keep in trust for potential damage to the Premises caused by Tenant’s
pets.
ALTERATIONS AND IMPROVEMENTS: Tenant agrees not to make any improvements or
alterations
to the Premises without prior written consent of the Landlord. If any alterations, improvement or
changes
are made to or built on or around the Premises, with the exception of fixtures and personal property that
can
be removed without damage to the Premises, they shall become the property of Landlord and shall
remain
at the expiration of the Lease, unless otherwise agreed in
writing.
DAMAGE TO PREMISES: If the Premises or part of the Premises are damaged or destroyed by fire
or
other casualty not due to Tenant’s negligence, the rent will be abated during the time that the Premises
are
uninhabitable. If Landlord decides not to repair or rebuild the Premises, then this Lease shall terminate
and
the rent shall be prorated up to the time of the damage. Any unearned rent paid in advance shall
be
refunded
to
Tenant.
MAINTENANCE AND REPAIR: Tenant will, at Tenant’s sole expense, keep and maintain the
Premises
in good , clean and sanitary condition and repair during the term of this Lease and any renewal
thereof.
Tenant shall be responsible to make all repairs to the Premises, fixtures, appliances and equipment
therein
that may have been damaged by Tenant’s misuse, waste or neglect, or that of the Tenant’s family, agents
or
visitors. Tenant agrees that no painting will be done on or about the Premises without the prior
written
consent of Landlord. Tenant shall promptly notify Landlord of any damage, defect or destruction of
the
Premises or in the event of the failure of any of the appliances or equipment. Landlord will use its
best
efforts to repair or replace any such damaged or defective areas, appliances or
equipment.
RIGHT OF INSPECTION: Tenant agrees to make the Premises available to Landlord or
Landlord’s
agents for the purposes of inspection, making repairs or improvements, or to supply agreed services
or
show the premises to prospective buyers or tenants, or in case of emergency. Except in case of
emergency,
Landlord shall give Tenant reasonable notice of intent to enter. For these purposes, twenty-four (24)
hour
notice shall be deemed reasonable. Tenant shall not, without Landlord’s prior written consent, add, alter
or
re-key any locks to the Premises. At all times Landlord shall be provided with a key or keys capable
of
unlocking all such locks and gaining entry. Tenant further agrees to notify Landlord in writing if
Tenant
installs any burglar alarm system, including instructions on how to disarm it in case of emergency
entry.
HOLDOVER: In the event Tenant remains in possession the Premises for any period after the
expiration
of
the Lease Term (“Holdover Period”) a new month-to-month tenancy shall be created subject to the
same
terms and conditions of this Lease at a monthly rental rate of $1000 per month, unless otherwise agreed
by
the Parties in writing. Such month-to-month tenancy shall be terminable on thirty (30) days notice
by
either Party or on longer notice if required by
law
ABANDONMENT: If Tenant abandons the Premises of any personal property during the term of
this
Lease, Landlord may at is option enter the Premises by any legal means without liability to Tenant and
may
at Landlord’s option terminate the Lease. Abandonment is defined as absence of the Tenants from
the
Premises for at lease 15 consecutive days without notice to Landlord. If Tenant abandons the
Premises
while
the rent is outstanding for more than 15 days and there is not reasonable evidence, other than
the
presence of the Tenants’ personal property, that the Tenant is occupying the unit, Landlord may
at
Landlord’s option terminate this Lease Agreement and regain possession in the manner prescribed y
law.
Landlord will dispose of all abandoned personal property on the Premises in any manner allowed by
law.
EXTENDED ABSENCES: In the event Tenant will be away from the Premises for more than
15
consecutive days, Tenant agrees to notify Landlord in writing of such absence. During such
absence,
Landlord may enter the premises at times reasonable necessary to maintain the property and inspect
for
damages and needed
repairs.
SECURITY: Tenant understands that Landlord does not provide any security alarm system or
other
security for Tenant or the Premises. In the event any alarm system is provided, Tenant understands
that
such
alarm system is not warranted to be complete in all respects or to be sufficient to protect Tenant on
the
Premises. Tenant releases Landlord from any loss, damage, claim or injury resulting from the failure
of
any alarm system, security or from the lack of any alarm system or
security.
SEVERABILITY: If any part of this Lease shall be held unenforceable for any reason, the remainder
of
this Agreement shall continue in full force and effect. If any provision of this Lease is deemed invalid
or
unenforceable by any court of competent jurisdiction, and if limiting such provision would make
the
provision valid, then such provision shall be deemed to be construed as so
limited.
INSURANCE: Landlord and Tenant shall each be responsible to maintain appropriate insurance for
their
respective interests in the Premises and property located on the Premises. Tenant understands
that
Landlord
will not provide any insurance coverage for Tenant’s property. Landlord will not be
responsible
for any loss of Tenant’s property, whether by theft, fire, riots, strikes, acts of God or otherwise.
Landlord
encourages Tenant to obtain renter’s insurance or other similar coverage to protect against risk of
loss.
BINDING EFFECT: The covenants and conditions contained in the Lease shall apply to the Parties
and
the heirs, legal representatives, successors and permitted assigns of the
Parties.
GOVERNING LAW: This Lease shall be governed by and construed in accordance with the laws of
the
State of Delaware
.
ENTIRE AGREEMENT: This Lease constitutes the entire Agreement between the Parties
and
supercedes any prior understanding or representation of any kind preceding the date of this
Agreement.
There are no other promises, conditions, understandings or other Agreements, whether oral or
written,
relating to the subject matter of this Lease. This Lease may be modified in writing and must be signed
by
both Landlord and
Tenant.
NOTICE: Any notice required or otherwise given pursuant to this Lease shall be in writing and
mailed
certified return receipt requested, postage prepaid, or delivered by overnight delivery service, if to
Tenant,
at the Premise and if to Landlord, at the address for payment of rent. Either party may change
such
addresses from time to time by providing notice as set forth
above.
CUMULATIVE RIGHTS: Landlord’s and Tenant’s rights under this Lease are cumulative and shall
not
be construed as exclusive of each other unless otherwise required by
law.
WAIVER: The failure of either Party to enforce any provisions of the Lease shall not be deemed a
waiver
of limitation of that Party’s right to subsequently enforce and compel strict compliance with
every
provision of this Lease. The acceptance of rent by Landlord does not waive Landlord’s right to enforce
any
provisions of this
Lease.
INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord
and
Landlord’s property, including the Premises, free and harmless from any liability for losses, claims,
injury
to or death of any person, including Tenant, or for damage to property arising from Tenant using
and
occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in
or
about the Premises with Tenant’s express or implied consent except Landlord’s act or
negligence.
LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the
performance
of any covenants in the Lease and the Landlord engages an attorney or institutes a legal
action,
counterclaim, or summary proceeding against Tenants based upon such violation or default, Tenants
shall
be
liable to Landlord for the costs and expenses incurred in enforcing this Lease, including
reasonable
attorney fees and costs. In the event the Tenants bring any action against the Landlord pursuant to
this
Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and expenses of
defending
such
action, including reasonable attorney fees and
costs.
ADDITIONAL TERMS AND
CONDITIONS:
DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or
“Vacancy”
or similar signs on or about the Premises and enter to show the Premises to prospective tenants during
the
last sixty (60) days of this Lease. Tenant agrees that no signs shall be placed on the Premises without
the
prior written consent of the
Landlord.
NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises that
might
disturb the rights, comforts and conveniences of other persons. No lounging or visiting will be allowed
in
the common areas. Furniture delivery and removal will take place between 8:00a.m and
8:00p.m.
PARKING: Tenant is granted permission to use parking
space
in the building parking lot for
the
purpose of parking 1 motor vehicle during the term of this Lease. Landlord is not responsible for, nor
does
it assume any liability for damages caused by fire, theft, casualty or any other cause whatsoever
with
respect
to any car or its
contents.
BALCONIES: Tenant shall not use balcony for the purpose of storage, drying clothes, cleaning rugs
or
grilling.
BICYCLES: All bicycles owned by the Tenant shall be stored only in the areas designated by
the
Landlord and not in any other parts of the building including the hallways, entrances and
lobbies.
LOCKING OF ENTRANCE DOORS: Landlord reserves the right to close and keep locked all
entrance
doors of the building during such hours as the Landlord deems advisable for the safety and protection of
the
building and its occupants. Tenant shall not prop open any entrance
doors..
DWELLING: Tenant is only entitled to occupy the dwelling listed above. This Lease does not entitle
the
Tenant to use of any area outside of the dwelling including, but not limited to, the attic, basement or
the
garage without written permission from the Landlord. Tenant is not to paint any part of the
apartment
without prior written permission from the
Landlord.
WATER LEAKS: Tenant is to notify the Landlord immediately if Tenant notices any running water
in
the
faucets in the kitchen, bathroom sink, bathtub or any other faucets. If the toilet is running and does
not
shut off properly, Tenant is to notify Landlord immediately. If Tenant does not notify Landlord of
any
water leaks and it is determined that the water bill is in excess because of this leak, Tenant will
be
responsible financially for paying the difference in the water
bill.
IN WITNESS THEREOF, the Parties have caused this Lease to be executed on the day and year first
above
written.
LANDLORD:
Date
TENANTS:
VEHICLE
INFORMATION
Name (print)
Make/Model:
Year:
Color:
Signature
Date
License Plate
No:
TELEPHONE
NUMBERS:
Home:
Name (print)
Cell:
Work:
Signature
Date
