1999 Printing
This Lease is made and entered this ___________ day of ________ , __________
between ___________________
(hereinafter "Landlord") and __________________, (hereinafter "Tenant") in
consideration of the mutual covenants herein set forth. Landlord leases to
Tenant, and Tenant leases from Landlord, the Property described as follows:
All that tract of land lying and being in Land Lot ___________ of the District
___________, Section of __________ County, Georgia, and being known as Address
__________, City __________, Georgia Zip Code _________, according to the
present system of numbering in and around this area, being more particularly
described as Lot _______, Block ________, Unit _________, Phase/Section ______________
of subdivision, as recorded in Plat Book __________, Page _________, ____________
County, Georgia. records together with all fixtures, landscaping, improvements,
and appurtenances, all being hereinafter collectively referred to as the "Property
." The full legal description of the Property is the same as is recorded with
the Clerk of the Superior Court of the county in which the Property is located
and is made a part of this Lease by reference.
1. TERM. The initial term of this Lease shall be _________ months ________
days beginning on ___________, _____ ("Commencement Date"), and ending on
__________, ________. If the Commencement Date begins on the 2nd day through
the 19th day of any month, prorated rent shall be paid at the time of leasing
the Property, If the initial term begins on the 20th through the last day
of the month, prorated rent shall be paid together with the first full month's
rent in advance.
2. POSSESSION. If Landlord is unable to deliver possession of the Property
on the Commencement Date, rent shall be abated on a daily basis until possession
is granted. If possession is not granted within seven (7) days of the Commencement
Date, Tenant may void this Lease and be refunded any deposits paid to Landlord.
Landlord shall not be liable for delays in the delivery of possession to Tenant.
3. RENT. Tenant shall pay rent in advance in the sum of ___________________
Dollars ($_______ ) per month on the first day of each month during the Lease
Term, at the address set forth herein below (or at such other place as may
be designated from time to time by Landlord in writing). Mailing the rent
does not constitute payment. Rent must be received by the first of the month
at the address set forth in Paragraph 18 herein to be considered paid.
4. LATE PAYMENT: SERVICE CHARGE FOR RETURNED CHECKS. Landlord has no
obligation to accept any rent not received by the fifth of the month. If Landlord
chooses to accept late payment, payment must be in the form of cash, cashier's
check or money order and must include a late charge of $________ and, if applicable,
a service charge for any returned check of $_________ . Landlord reserves
the right to refuse to accept personal checks from Tenant after one or more
of Tenant's personal checks have been returned by the bank unpaid.
5. SECURITY DEPOSIT.
B. In the event that Landlord is a real estate Licensee or a Broker
managing Landlord's property, or if Landlord owns ten (10) or more properties,
the Security Deposit shall be placed in an escrow account. Security Deposit
to be placed in _______ account of _____________ at_______________. Interest
earned from said account(s), if any, shall accrue to Landlord.
C. The Security Deposit will be returned to Tenant within thirty (30)
days after Property is vacated if:
9. EARLY TERMINATION. Provided Tenant is not in default hereunder
at the time of giving notice, has strictly complied with all of the provisions
of this paragraph, and termination is as of the last day of a calendar month,
Tenant may terminate this Lease before the expiration of the original term
by:
10. RENEWAL TERM. Either party may terminate this Lease at the end
of the term by giving the other party thirty (30) days written notice prior
to the end of the term. If neither party gives notice of termination, the
Lease will automatically be extended on a month-to-month basis with all terms
remaining the same. Thereafter, either party may terminate upon 30 days written
notice, except that Landlord reserves the right to increase the amount of
rent upon delivery of written notice to Tenant 30 days prior to the effective
date of any increases.
Tenant Initials _____
11. SUBLET AND ASSIGNMENT. Tenant may not sublet the Property or assign
this Lease without the written consent of Landlord. This Lease shall create
the relationship of Landlord and Tenant between the parties hereto and no
estate shall pass out of Landlord. Tenant has only a usufruct not subject
to levy and sale.
12. RIGHT OF ACCESS, SIGNAGE. Landlord and/or Landlord's Agent shall
have the right of access to the Property for inspection, repairs and maintenance
during reasonable hours. In the case of emergency, Landlord may enter the
Property at any time to protect life and prevent damage to the Property .
Landlord and/or Landlord's Agent may place a "for rent" or "for sale" sign
in the yard thirty (30) days prior to the end of the Lease term. Landlord
and/or Landlord's Agent may install a lockbox and show the Property to prospective
tenants or purchasers during the last thirty (30) days of the Lease term during
reasonable hours. In the event a lockbox is installed, Tenant shall secure
jewelry and other valuables and agrees to hold Landlord and/or Landlord's
Agent harmless for any loss thereof.
13. USE. The Property shall be used for residential purposes only and
shall be occupied only by the _____ (#) persons listed as follows: ____________________________________________________________.
The Property shall be used so as to comply with all federal, state, county,
and municipal laws and ordinances and any applicable declaration of condominium;
declaration of covenants, conditions, and restrictions; bylaws; and rules
and regulations. Tenant shall not use or permit the Property to be used for
any disorderly or unlawful purpose, including but not limited to: illegal
drug trafficking and/or other violations of any controlled substance laws.
Landlord may promptly report any suspicious activities to, and cooperate fully
with, the appropriate authorities without being deemed to invade the Tenant's
privacy, and Tenant waives any claim for such against Landlord.
14. PROPERTY LOSS. Tenant shall be responsible to insure Tenant's personal
property against loss or damage. Landlord shall not be liable for any damage
to Tenant's property , unless such damage is caused by Landlord's gross negligence.
Tenant for himself and I his family waives all exemptions or benefits under
the homestead laws of Georgia.
15. DEFAULT.
Applicable Lawn and Exterior care to be provided by Tenant: ( ) As stated in subparagraph (I) above. ( ) Partial: _______________________________________ ( ) None (Care provided by:_________________________) |
TENANT INITIALS ________ ________ ________ |
21. UTILITIES. Applicable utilities and/or service to be paid by
Tenant:
UTILITY ( ) Water ( ) Electricity ( ) Garbage ( ) Telephone |
TENANT INITIALS ________ ________ ________ ________ |
UTILITY ( ) Sewer ( ) Natural Gas ( ) Cable Television ( ) Other |
TENANT INITIALS ________ ________ ________ ________ |
Landlord may, at landlord's option, pay utilities and be reimbursed by Tenant
along with next month's rent.
22. ABANDONMENT. If Tenant removes or attempts to remove personal property
from the Property other than in the usual course of continuing occupancy,
without having first paid Landlord all monies due, the Property may be considered
abandoned, and Landlord shall have the right, without notice, to store or
dispose of any personal property left on the Property by Tenant. Landlord
shall also have the right to store or dispose of any of Tenant's personal
property remaining on the Property after the termination of this Lease. Any
such personal property shall become Landlord's personal property .
23. DISCLAIMER. Tenant and Landlord acknowledge that they have not
relied upon any advice, representations or statements of Brokers and waive
and shall not assert any claims against Brokers involving the same. Tenant
and Landlord agree that Brokers shall not be responsible to advise Tenant
and Landlord on any matter, including but not limited to the following: any
matter which could have been revealed through a survey, title search or inspection
of the Property; the condition of the Property , any portion thereof, or any
item therein; building products and construction techniques; the necessity
or cost of any repairs to the Property; hazardous or toxic materials; termites
and other wood destroying organisms; the tax or legal consequences of this
transaction; the availability and cost of utilities or community amenities;
the appraised or future value of the Property; any condition(s) existing off
the Property which may affect the Property; the terms, conditions and availability
of financing; and the uses and zoning of the Property whether permitted or
proposed. Tenant and Landlord acknowledge that Brokers are not experts with
respect to the above matters and that, if any of these matters or any other
matters are of concern to them, they shall seek independent expert advice
relative thereto.
24. OTHER PROVISIONS.
A. Time of Essence. Time is of the essence of this Lease.
B. No Waiver. Any failure of Landlord to insist upon the strict and
prompt performance of any covenants or conditions of this Lease or any of
the rules and regulations described in the "rules and regulations" paragraph
hereof shall not operate as a waiver of any such violation or of Landlord's
right to insist on prompt compliance in the future of such covenant or condition,
and shall not prevent a subsequent action by Landlord for any such violation.
Acceptance by Landlord of any late payment of rent or additional rent shall
not constitute a waiver of any rights of Landlord, including, without limitation,
the right to terminate this Lease as herein provided. The receipt of any rent
or additional rent by Landlord with the knowledge of such breach shall not
operate as a waiver of such breach. No provision, covenant or condition of
this Lease may be waived by Landlord unless such waiver is in writing and
signed by Landlord.
C. Definitions. "Landlord" as used in this Lease shall include its
representatives, heirs, agents, assigns, and successors in title to Property.
"Tenant" shall include his heirs and representatives. The terms Landlord and
Tenant include singular and plural, corporation, partnership or individual,
as may fit the particular parties.
D. Entire Agreement. This Lease and any attached addenda constitute
the entire Agreement between the parties and no oral statement or amendment
not reduced to writing and signed by both parties shall be binding.
25. BROKERAGE AND AGENCY. The Brokers listed below have performed a
valuable service in this transaction and are made parties hereunder to enforce
their commission rights. Payment of commission to a Broker shall not create
an agency or subagency relationship between Leasing Broker and either Landlord
or Landlord's Broker. Landlord agrees to pay the Broker listed below and representing
Landlord to lease and/or manage the Property ("Listing Broker") a commission
(which commission has already been negotiated in a separate agreement) of
$______ or _____% of the Lease amount, which shall be due and payable upon
occupancy. In the event the Lease is made in cooperation with another Broker
listed below as the Leasing Broker, the Listing Broker shall receive _____%
of the total real estate commission paid hereunder and the Leasing Broker
shall receive % of the total real estate commission paid hereunder. In the
event Tenant and/or Landlord fail or refuse to perform any of their obligations
herein, the non-performing party shall immediately pay the Listing Broker
and the Leasing Broker their full commissions. The Listing Broker and Leasing
Broker may jointly or independently pursue the non-performing party for that
portion of the commission which they would have otherwise received under the
Lease. No Brokers shall owe any duty to Tenant or Landlord greater than is
set forth in the Brokerage Relationships in Real Estate Transactions Act,
O.C.G.A. § 10-6A-1, et seq. Landlord and Tenant agree to indemnify and hold
Broker harmless against all claims, damages, losses, expenses and/or liabilities
arising out of or related to this transaction except those arising from Broker's
intentional wrongful acts. Landlord and Tenant acknowledge that if they have
entered into a client relationship with a Broker, that Broker has disclosed
on a prior basis: ( 1) the types of brokerage relationships offered by the
Broker; (2) any other brokerage relationship which would conflict with the
client's interest; and (3) the compensation of Broker and whether commissions
will be shared with other Brokers. In this Lease, the term "Broker" shall
mean a licensed Georgia real estate broker and the broker's affiliated licensees.
In this transaction, the relationship of the Listing Broker and the Leasing
Broker to the Tenant and Landlord is as specified below:
Listing Broker: [Select A or B below. The section not marked shall
not be a part of this Lease]
( ) A. LANDLORD AGENCY: Listing Broker has entered into a client relationship
with only Landlord.
( ) B. DUAL AGENCY: Listing Broker has entered into a client relationship
with Tenant and Landlord.
Leasing Broker: [Select A, B, C, D or E below. The sections not
marked shall not be a part of this Lease]
( ) A. TENANT AGENCY: Leasing Broker has entered into a client relationship
with only Tenant.
( ) B. DUAL AGENCY: Leasing Broker has entered into a client relationship
with Tenant and Landlord.
( ) C. LANDLORD AGENCY: Leasing Broker has entered into a client relationship
with only Landlord.
( ) D. TRANSACTION BROKERAGE: Leasing Broker has not entered into a
client relationship with Tenant or Landlord.
( ) E. LANDLORD SUBAGENCY: Listing Broker has entered into a client
relationship with Landlord and has appointed Leasing Broker as its subagent.
If dual agency or transaction brokerage is selected above, the applicable
disclosure below is incorporated herein. Otherwise, the disclosure(s) is not
apart of this Lease.
Dual Agency Disclosure
Landlord and Tenant are aware of Broker's dual agency role and have determined
that the benefits of Broker's role outweigh the detriments. Landlord and Tenant
have been advised: (1) that in this transaction the Broker has acted as a
dual agent; (2) that the Broker represents two clients whose interests may
be different or adverse: (3) that as a dual agent, Broker may not disclose
information made confidential by request unless it is allowed or required
to be disclosed; and (4) that the client does not have to consent to dual
agency. The clients referenced above have voluntarily consented to dual agency
and have read and understood their brokerage engagement agreements. The Broker
and/or affiliated licensees have no material relationship with either client
or the nature of it is as follows: ______________________________________
A material relationship means one actually known of a personal, familial or
business nature between the broker and affiliated licensees and a client which
would impair their ability to exercise fair judgment relative to another client.
Affiliated Licensee Assignment: The Broker has assigned _________________
(Leasing Licensee ) to work with Tenant and _________________ (Listing Licensee)
to work with Landlord. Each shall be deemed to act for and represent exclusively
the party to whom each has been assigned.
Transaction Brokerage Disclosure
Landlord and Tenant are aware that if they are not represented by a Broker
they are each solely responsible for protecting their own interests. Landlord
and Tenant acknowledge that the Broker may perform ministerial acts for either
party as a transaction Broker.
26. MILITARY ACTIVATION. If Tenant is called to active duty during
the term of this Lease, Tenant shall present to Landlord official orders activating
Tenant; then and in that event, this Lease shall be controlled by the Soldiers'
and Sailors' Civil Relief Act of 1940 as amended in 50 U.S.C.A. §§ 50-591.
27 . SPECIAL STIPULATIONS. The following Special Stipulations, if conflicting
with any preceding paragraph, shall control.
O (Mark box if additional pages are attached.)
IN WITNESS WHEREOF, the parties hereto have set their hand and seal the day
and year first written above.
____________________( _____________ )
Leasing Broker MLS
Office Code
By: _______________________________
Broker or Broker's Affiliated Licensee
Print or Type Name: __________________
Bus. Phone: __________ FAX# _________
_______________________ ( __________ )
Listing Broker MLS
Office Code I
Multiple Listing # ______________________
By: ________________________________
Broker or Broker's Affiliated Licensee
Print or Type Name: ____________________
Bus. Phone: _____________FAX # ________
_______________________________________ LANDLORD or Authorized Agent for Landlord |
______________________________________ TENANT SS/FEI# |
_______________________________________ LANDLORD or Authorized Agent for Landlord |
______________________________________ TENANT SS/FEI# |
_______________________________________ TELEPHONE # for Emergency Repairs |
Landlord's address for notices and mailing of rent:
______________________________________
________________________, Georgia ______
Copyright ( 1999 by Georgia Association of REALTORS@, Inc.
F40, Lease for Residential Property