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Fillable Printable Indiana Residential Lease Agreement

Fillable Printable Indiana Residential Lease Agreement

Indiana Residential Lease Agreement

Indiana Residential Lease Agreement

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RESIDENTIAL LEASE AGREEMENT
THIS RESIDENTIAL LEASE AGREEMENT (the "Lease") is made this ____day of
___________,20___, by and between _________________________________("Landlord") and
________________________________________ ("Tenant"), and Landlord and Tenant agree as follows:
1.Leased Premises: Landlordhereby leases to Tenant, and Tenanthereby leases
fromLandlord, the real estate commonly knownas __________________in_______________, Indiana
_______(the "Leased Premises").
2.Term:The Leased Premises are leased for a termof approximately
___________________ ( ) months (the "Lease Term") beginning, 20(the
"Commencement Date"), and ending , 20 ("Expiration Date").
3.Rent: The monthly rent for the Leased Premises shallbe
____________________Dollars ($_____) per month (the "Rent"), andall Rent shall be due and payable,
at Landlord's address (or such other address specified by Landlord), in advance on the first day of each
calendar month during the Lease Term and any period of continued occupancy by Tenant. All payments
shall be made without notice or demand from Landlord, with attorneys' fees and costs and expenses of
collection in the event Landlord must pursue legal remedies toenforce theterms of this Lease, and
withoutrelieffrom valuation and appraisement laws. If any payment is not received by Landlord
within ______ (___) days following the due date thereof, then Landlord shall have the right,
without anynotice, to change Tenant a late payment charge of ___________________($____),
which shallbe deducted from any refundable deposit monies be held on behalfof the Tenant. If
the Commencement Date occurs ona date other thanthe first day of amonthor if the Expiration Date
occurs on a date other than the last day of a month, then rent for such partialmonth at the
commencement or expiration of the term shall be a prorated amount equal to one-thirtieth (1/30
th
) of a
monthly installmentofrentmultiplied by the number of days in the partial month.
4.Occupancy: The Leased Premises shall be used solely foroccupancy as a
private residence for Tenant and Tenant's immediate family and for no other purpose. Tenant shall
occupy, and shall not abandon or vacate, the Leased Premises at all times throughout the Lease Term.
5.Redeliveryof Premises: At the expiration of the Lease Term (orother prior
termination of this Lease), Tenant shall deliver possession of the Leased Premises to Landlord in as good
condition as itis on thedate hereof,ordinary wear accepted. Prior tosurrender of possession, Tenant
shall (a) clean the Leased Premises thoroughly, and, if the Tenant fails to clean the Leased Premises
thoroughly, Tenant shall payto Landlord thecost of cleaning the Leased Premises, (b) remove all of
Tenant's personal property, and (c) deliver to Landlord allkeys to the Leased Premises. If Tenant fails to
remove any of Tenant's property prior tosurrender of possession, the property, at Landlord's option,shall
become Landlord's property,and Landlord may dispose of the propertyas Landlord determines to be
appropriate in its sole discretion.Landlord may charge to Tenant as additionalrent due on demand the
cost of removing and disposing of the property.
6.No Animals. No animals may bekept onthe premises (other than fish)without
the prior written approval of the Landlord, which approval may be subject (at the discretionof Landlord) to
an additional deposit and/or agreement between Landlord and Tenant.
7.Reserved Rights: Landlord reserves the right to enter the Leased Premises at
any reasonable time to inspect the Leased Premises, to make any repairs which Landlord may determine
to beappropriate, or toshow the Leased Premises toprospective lessees, purchasers or mortgagees.
Landlord also reserves the right to display "For Rent," "For Sale" and similar signs.
8.Utilitiesand Services: Tenantshall pay for all electricity,gas, water, sewer,
telephone and cable television services, and other utilities. Tenant shall pay all bills for such services and
utilities promptly as they become due.ANY UTILITY LIENSTHAT REMAIN AFTER THE EXPIRATION
DATE OF THE AGREEMENT SHALL BE CHARGED TO THE TENANT AND DEDUCTED FROM ANY
SECURITY DEPOSIT MONIES HELD BY LANDLORD.
9.Tenant Obligations. Tenant shall not permit anyencumbrances, liens or other
intereststo attachto the Leased Premises. Tenant shall be responsible for payment of (I) all general and
special assessments, and all other governmental, municipal and public dues, charges and impositions
becoming due and payable during the Lease Term, or attributable to Tenant's use of the Leased
Premises during the Lease Term (except real estate taxes),(ii) all other assessments, costs and
expenses incident to Landlord's ownership,or Tenant's use,of the Leased Premises during the Lease
Term. If Tenant fails to pay any of the expenses or obligations of Tenant set forth in thisLease, Landlord
shall have the right to pay such Tenant expenses or obligations and add the amount paid to Tenant's next
immediatemonthlyRent. Nothing in this Paragraph9shall act as a waiver of any other Landlord right
hereunder, at law or in equity.
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10.Security Deposit: On the CommencementDate,Tenantshallowe Landlord, in
addition to any other sums required herein, an amount equal to the first month's rent(less theamount, if
any, paid by Tenant as a Good Faith Estimate) as a "Security Deposit." Landlord shallhold the Security
Depositin an escrow account,which account may also contain other funds from other sources. The
Security Deposit shall be applied by Landlord to any costs or expenses incurred by Landlord as a result of
any breach or default by Tenant hereunder and any remaining balance of the Security Deposit shall be
returned to Tenant after expiration of the Lease Term and delivery of possession of the Leased Premises
to Landlord.
Tenant may satisfy itsobligation to pay the Security Deposit by (i) onthe
Commencement Date,making an initial payment of $.00, which amount shall include the application
on the Commencement Date of the Tenant's Good Faith Deposit, if any, and (ii)on the firstday of each
month thereafter, until the full amount of the Security Deposit has been paid, by making monthly
payments of $ .00which shall be payable at the same time and place as the Rent.
Any late payment or non-payment of the balance of the Security Deposit in accordance
with the above paragraph shallresult in thebalanceof the Security Depositbecomingdue and payable
immediately upon such non-payment or failure to pay in a timely manner.
11.Good Faith Deposit: Upon execution ofthis Lease,Tenant shallmake a deposit
of $.00("Good Faith Deposit"). Landlord shall hold the Good Faith Deposit in anon-interest bearing
account, which account may also contain other funds from other sources. The Good Faith Deposit shall
be applied by the Landlord to the Security Deposit that is due upon the Commencement Date.
12.Alterations: Tenant shallnotmake orpermitto be made any alterations,
additions, improvements or changes in the Leased Premises (including without limitation,painting,
wallpapering and attaching fixtures or other items to the Leased Premises) withoutin each case first
obtaining the consent of Landlord. All such alterations, additions,improvements and changes approved
by Landlord shall remain on the Leased Premises and shall become the property of Landlord upon the
expiration of the Lease Term (or other prior termination of this Lease). Landlord may charge to Tenant as
additional rent due on demand, the cost of restoring the Leased Premises to its original condition if
Tenant makes or permits to be made any alterations, additions, improvements or changes which have not
been approved of by Landlord.
13.Repairs: (If Applicable)Landlord shall be responsible for all repairs to the Leased
Premises which cost in excess of $.00per occurrence, including but not limited to the cost of repairs to
the roof, furnace, waterheater, refrigerator, stove, dishwasher, air conditioners, electrical wiring and
plumbing on or in the Leased Premises; provided, that Tenant shall be responsible for any such repairs
necessitated by its willful acts or negligence or Tenant's failure to maintain the Leased Premises as
required by this Lease. Tenant shallbe responsible for all repairs to the Leased Premises, which are not
Landlord's responsibilities. (If Applicable) TENANT SHALL BERESPONSIBLE FOR PAYING ANY/ALL
SERVICE FEES, NOT TO EXCEED $ .00
14.Maintenance: Tenant shall be responsible for keeping and maintaining the
interior, exterior and grounds of theLeased Premisesand all appliances and equipment located inthe
Leased Premises in good working order and repair, and in a clean, safe, good and attractive condition at
all times (including withoutlimitation,allnecessary general cleaning and maintenance,mowing, trimming
and snow removal).
15.Use of Premises: Tenant shall not make or permit to be made (a) any unlawful,
improper, noisy or otherwiseoffensiveuseof the Leased Premises (b) any nuisance or waste of the
Leased Premises, or (c) any use of the Leased Premises which causes or may cause an increase in the
insurance premiumsfor the LeasedPremises or which rendersvoid or voidable anypolicy of insurance
covering the Leased Premises. Tenant represents and warrantsthat no business with the public shall be
conducted from the Leased Premises.
16.Locks: Tenant shallnot change, alter,or replace any locks on the Leased
Premises or install any additionallocks without the written consent of Landlord. Any locks installed with
Landlord's consent shall remain on the Leased Premises and become the property of Landlord.
17.Default: If Tenant (i) fails to pay any installment of Rent when due, (ii) fails to pay
on a timely basis any other expense or obligation of Tenant hereunder, or (iii) breaches any other term,
covenant or condition of this Lease, then Landlord may (a) cure any such breach for the account of
Tenant,and,if Landlord cures a breach, then Landlord may charge to Tenantas additional Rent payable
on demand an amount equal to all expenses incurred by Landlord, (b) take possession of the Leased
Premises,remove all persons and property from the Leased Premises, and, if Landlord takes possession
of the Leased Premises,then Landlordmay charge to Tenantas additionalrent dueon demand allcosts
of taking possession of, removing persons and property from, and repairing the Leased Premises, (c)
relet the Leased Premises, and, if Landlord relets the LeasedPremises, then Tenant shall remain liable
for the excess of the monthlyinstallmentsof Rent under this Lease over the Rent payments actually
received each month and Landlord may charge Tenant as additional rent due on demand all costsof
reletting the Leased Premises, (d) terminatethis Lease by written notice, (e)permit Tenant to continue to
lease theLeased Premisesas providedin Paragraph 22 of this Lease, and immediatelyplace the Leased
Premises on the marketfor sale or lease,and/or(f) exercise any other legalorequitable right orremedy.
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Allrights and remedies granted to Landlord in thisSection shall be cumulativeand may be exercised
withoutimpairing or waiving any other rights or remediesof Landlord.Tenant shallbe held responsible
forany costs and damages incurred by Landlord with respect to the pursuit of any remedy under this
Section (including without limitation, attorneys' fees and court costs).
18.Waivers. No delay by Landlord in pursuing any remedy under this Lease shall be
construed to prejudice or prevent Landlord's right to pursue such remedy. Any waiver by Landlord of any
breach of any covenant or duty of Tenant under this Lease must be in writing,and such waiver shall not
be a waiver of a breach of any other covenant or duty of Tenant, or of any subsequent breach of the
same covenant or duty.
19.Assignment and Sublease: Tenantshall not (a)assign this Lease or any interest
in this Lease, or (b)sublet all or any part of the Leased Premises without firstobtaining the written
consent of Landlord. No person who has not signed this Lease shall occupy the Leased Premises at any
time. Landlord reserves the right to assign its interests in this Leaseand any sums received or payable
hereunder.
20.Insurance, Indemnification and Waiver of Claims:
(a)Public LiabilityInsurance: Tenant, at Tenant'sexpense,shall maintain
throughout theLease Terma policy of general public liabilityinsurance, issued bya companyor
companies satisfactory to Landlord, naming Landlord as an additional insured, and covering any and all
claims for injuries to or death of persons and damage to property occurring in or upon the Leased
Premises in an amount not less than ($250,000.00) and with a deductible not in excess of $500.00.
(b)Insurance on Tenant's Property. All of Tenant's personal property
shall be maintained on the Leased Premises at Tenant's sole risk and expense, and Tenant shall hold
Landlord harmless from any claims, costs or expenses (including without limitation, attorneys' fees and
court costs) arising out of damage to Tenant's personal property unless resulting solely from Landlord's
gross negligence or willfulmisconduct. Landlord shall maintain in full force and effect throughout the
Lease Term, fire and extended coverage insurance on the Leased Premises, naming Landlord as the
insured there under.
(c)Indemnification: Tenantassumes allrisks and responsibilities for
accidents, injuries or damages to person or property and agrees to indemnify and hold Landlord harmless
fromanyand all claims, liabilities, losses, costsandexpenses (including without limitation, attorneys' fees
and court costs) occurring as a resultof or in connection with (a) the condition, use or control of the
Leased Premises, or (b) any breach by Tenant of the terms, covenants or conditions of this Lease.
Tenant shall be liable to Landlord for any damages to the Leased Premises and for any act or omission of
Tenant or Tenant's agents, guests, invitees or licensees.
(d)WaiverofClaimsandSubrogation: Landlord shall not be liable for,and
Tenant waives all claims against Landlord for, any injuries, damages (including without limitation,
consequential damages) or losses of or to person, property or otherwise,sustained by Landlord (whether
or not covered by insurance), except to the extent that such injury or damage is the result of Landlord's
gross negligence or willful misconduct.In any event, Tenant waives and releases any and all rights of
recovery which it might have against Landlord for any loss or damage, whether or not causedby any
alleged negligence of Landlord, its agents, licensees or invitees, to the extent that such loss or damage is
or would be covered by any insurance required to be maintained under this Lease. Each policy of
insurance required under this Lease shall contain an endorsement to such effect.
21.Damagesand Destruction: If fire or other casualtydamagesthe Leased
Premises,then Landlord shallrepairthe Leased Premisesas soon as practical.Landlord shallnotify
Tenant within fifteen(15) daysafter acasualty whether it can repair theLeased Premises within ninety
(90) days after the date of the casualty. If Landlord notifies Tenant that the repairs cannot becompleted
within such ninety (90) day period, then Landlord may terminate this Lease by notice to Tenant.
22.No Smoking. There shall beno smoking within the Leased Premises, unless
permission is granted by Landlord in writing.
23.EminentDomain: If all or a substantial part of the entire LeasedPremises is
taken by any public or quasi-public authority under power of eminent domain or is conveyed to such
authority as a consequence of eminent domain proceedings, then this Lease shall terminate on the day of
the taking or conveyance. Tenant shall not beentitled to any part of the awardwhichLandlordmay
receiveas aresultof a taking or conveyance. Landlord shall not be liable to Tenant for any damages
caused by a taking or conveyance, and Tenant shall have no claim against Landlord for the value of any
un-expired portions of the Lease.
24.Holdover: If Tenant continues tooccupy the Leased Premises afterthe
expiration of the Lease Term (or other prior termination of this Lease), and Landlord consents in writing to
the continued occupancy, then thecontinued occupancy shall be deemed to create a tenancy frommonth
to monthon the same terms, covenants and conditions as under this Lease. If Landlord consents in
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writing to such holdover,Landlord may terminate such month-to-month tenancy at any time upon thirty
(30) days written notice to Tenant.
25.Accord and Satisfaction: Nopayment by Tenant or receipt by Landlord of a
lesser amount than theRentoradditional paymentsdue shall be deemed to be other thanonaccount of
the earliest rentdue. No endorsement or statement on any check or letteraccompanying any check or
payment of Rent shall bedeemed anaccord and satisfaction, and Landlord may accept any such check
or payment without prejudice to Landlord's right to recover the balance of all Rent due or to pursue any
other remedy permitted under this Lease.
26.Notices: All notices or demandsauthorized arerequired to be given to Landlord
or Tenant shall be in writing.Such notices or demands to Tenant shall be effective when delivered to
Tenant in person, mailed by regular mail,or left for Tenant at the Leased Premises, whether actually
received or not. All noticesrequired to begiven hereunder to Landlord, and all Rent payments, shall not
be effective untilactually received and shall be delivered to Landlord in person or by regular mail to
___________________________at the following address: (or
such other address as may be furnished by notice).
27.Miscellaneous: Subjectto Section 19 above, all covenants and representations
herein contained are binding upon and shall inure to the benefitof the heirs, executors, successors,
administrators and assigns of Landlord and Tenant. If more than one party signs as Tenant hereunder,
the covenants, conditions and agreementsherein of Tenant shall bejoint and several obligations ofeach
such party. The captions herein are inserted only as a matter of convenience and do not in any way
define,limit, construe or describe the scope or intent of this Lease or any section hereof or in any other
way affect this Lease.
28.Acceptance of Premises: Tenant has examined the Leased Premises and all
appliances and equipment on the Leased Premises and has found that they are in good working order
and repair, and in a clean, safe and tenantable condition. Tenant's acceptance of theLeased Premises
on the date of possession and thereafter shall be "as is" and without express or implied warranty of any
kind as to condition, habitability, fitness or otherwise.
29.Limited Liability of Landlord: Anything contained in this Lease to the contrary
notwithstanding,Tenantagrees that Tenant and all those claiming by, through or under Tenant shall look
solely to the estate, interest and equity of Landlord in the land and building comprising the Leased
Premises for the collection of any judgment (or other judicial process) requiringthe payment of money by
Landlord in the event of any default or breach by Landlord with respect to any of the terms and provisions
of this lease to be observed and/or performed by Landlord, subject, however, to the prior rights of the
holders of any mortgage covering the Leased Premises, and no other assets of Landlord (or of any
partners, venturers’,shareholders,officers or directors of Landlord) shall be subject to levy, execution or
other judicial process for the satisfaction of Tenant's claim.
30.Contingency: Landlord shall not be liable for failure to give Lessees possession
of the Leased Premises on the Commencement Date, and this Lease Agreement shall terminate,if,prior
to the date that isseven days priortothe Commencement Date, the Landlord accepts an offer for the
purchase of the Leased Premises. Upon the occurrence of an accepted offer for the Leased Premises as
described above, Landlord shall return any amount received by Tenant as a Good Faith Deposit.
IN WITNESS WHEREOF, Tenant and Landlord haveexecutedthis Residential LeaseAgreement as of
the day and year first above written.
LANDLORD:
Signature:
By:
Printed:
TENANT(S):
Signature:
Printed:
Signature:
Printed:
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