"Month-To-Month Lease Agreement Form" - Nebraska

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NEBRASKA
MONTH-TO-MONTH LEASE AGREEMENT
This Lease Agreement (“Lease”) is entered by and between
(“Landlord”)
and ________________ (“Tenant”) on ________________________ (Date). Landlord and Tenant may
collectively be referred to as the “Parties.” This Lease creates joint and several liabilities in the case of
multiple Tenants.
WITNESSETH:
That in consideration of the mutual agreements herein contained, Landlord and Tenant hereby
agree and covenant to and with each other as follows:
1.
Leased Premises; Term of Lease; etc.
1.1
Leased Premises. Landlord leases to Tenant, and Tenant rents from Landlord, the
premises located at: __________________ (“the “Premises”).
1.2
Original Term. This Lease shall commence on ___________ [start date] continue as a
month-to-month tenancy until such time as it is terminated by either party (the “Lease Term”). To
terminate this Lease, either Landlord or Tenant must provide written notice at least thirty (30) days prior
to the date on which the Premises are to be vacated.
1.3
Use of Premises. Tenant shall use the Premises as a residence, and for no other purpose.
The Premises shall not be used to carry on any type of business or trade, unless Tenant has received the
prior written consent of the Landlord. Tenant will comply with all laws, rules, ordinances, statutes and
orders regarding the use of the Premises.
1.4
Inspection 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, in Tenant’s opinion, the condition of the Premises has changed
at any time during the Lease Term, Tenant shall promptly provide reasonable notice to Landlord.
1.5
Occupants of Premises. Tenant agrees that no more than ____ persons may reside on the
Premises, unless Tenant has received the prior written consent of the Landlord.
2.
Rent Payments; Late Fees.
2.1
Rent. Tenant shall pay to Landlord during the Lease Term as rent for the Premises the
amount of _________________________ ($_________) (“Rent”) dollars each month in advance on the
first day of each month. If the Lease Term does not start on the first day of the month or end on the last
day of a month, the Rent for the relevant month will be prorated accordingly.
2.2
Manner of Payment. The Rent, and all other sums payable by Tenant to Landlord under
this Lease, shall be payable in Check or Money Order and shall be paid to
_____________________________ and Landlord’s address, at _________________________________,
or at any other address designated by Landlord. We have a drop box on the door but DO NOT leave Cash.
NEBRASKA
MONTH-TO-MONTH LEASE AGREEMENT
This Lease Agreement (“Lease”) is entered by and between
(“Landlord”)
and ________________ (“Tenant”) on ________________________ (Date). Landlord and Tenant may
collectively be referred to as the “Parties.” This Lease creates joint and several liabilities in the case of
multiple Tenants.
WITNESSETH:
That in consideration of the mutual agreements herein contained, Landlord and Tenant hereby
agree and covenant to and with each other as follows:
1.
Leased Premises; Term of Lease; etc.
1.1
Leased Premises. Landlord leases to Tenant, and Tenant rents from Landlord, the
premises located at: __________________ (“the “Premises”).
1.2
Original Term. This Lease shall commence on ___________ [start date] continue as a
month-to-month tenancy until such time as it is terminated by either party (the “Lease Term”). To
terminate this Lease, either Landlord or Tenant must provide written notice at least thirty (30) days prior
to the date on which the Premises are to be vacated.
1.3
Use of Premises. Tenant shall use the Premises as a residence, and for no other purpose.
The Premises shall not be used to carry on any type of business or trade, unless Tenant has received the
prior written consent of the Landlord. Tenant will comply with all laws, rules, ordinances, statutes and
orders regarding the use of the Premises.
1.4
Inspection 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, in Tenant’s opinion, the condition of the Premises has changed
at any time during the Lease Term, Tenant shall promptly provide reasonable notice to Landlord.
1.5
Occupants of Premises. Tenant agrees that no more than ____ persons may reside on the
Premises, unless Tenant has received the prior written consent of the Landlord.
2.
Rent Payments; Late Fees.
2.1
Rent. Tenant shall pay to Landlord during the Lease Term as rent for the Premises the
amount of _________________________ ($_________) (“Rent”) dollars each month in advance on the
first day of each month. If the Lease Term does not start on the first day of the month or end on the last
day of a month, the Rent for the relevant month will be prorated accordingly.
2.2
Manner of Payment. The Rent, and all other sums payable by Tenant to Landlord under
this Lease, shall be payable in Check or Money Order and shall be paid to
_____________________________ and Landlord’s address, at _________________________________,
or at any other address designated by Landlord. We have a drop box on the door but DO NOT leave Cash.
Month-to-Month Lease
Page - 2
2.3
Late Fees. If any amounts due under the Lease are more than ___ days late, Tenant agrees
to pay a late fee of $______.
2.4
Insufficient Funds. Tenant agrees to pay the charge of $______for each check provided
by Tenant to Landlord that is returned to Landlord for lack of sufficient funds.
3.
Security Deposit.
3.1
Security Deposit. On execution of this Lease, Tenant shall deposit with Landlord, in trust,
a security deposit of _____________________ ($______) (the “Deposit”) dollars, as security for the
performance of Tenant’s obligations under this Lease. Landlord may (but shall have no obligation to) use
the Deposit or any part thereof to cure any breach or default of Tenant under this Lease, or to compensate
Landlord for any damage as it incurs as a result of Tenant’s failure to perform any of Tenant’s obligations
hereunder. Landlord is not limited to the Deposit to recoup damage costs, and Tenant remains liable for
any balance. Tenant shall not apply or deduct any portion of the Deposit from any month’s rent, including
the last month of the rental term. Tenant shall not use or apply the Deposit in lieu of payment of Rent. If
Tenant breaches any terms or conditions of this Lease, Tenant shall forfeit the Deposit, as permitted by
law.
3.2
Return of Deposit. In the event that Tenant shall fully and faithfully comply with all of
the terms, provisions, covenants and conditions of this Lease, the Deposit shall be returned to Tenant after
the date fixed as the end of the Lease and after delivery of entire possession of the Premises to Landlord.
No interest will be paid on any Security Deposit returned.
4.
Default.
4.1
Event of Default. If Tenant defaults in fulfilling any of the covenants of this Lease,
Tenant shall be in default of this Lease. Then, in any one or more of such events, subject to any statute,
ordinance or law to the contrary, and upon Landlord serving a written seven (7) days notice upon Tenant
specifying the nature of said default and upon the expiration of said seven (7) days, if Tenant does not
cure a default of which he has been notified, or if the default cannot be completely cured or remedied in
seven days, Landlord may at Landlord’s option: (i) cure such default and add the cost of such cure to
Tenant’s financial obligations under the Lease; or (ii) declare Tenant in default and terminate the Lease.
4.2
Physical Remedies. If the notice provided for in Section 4.1 has been given, and the term
shall expire as noted, or if Tenant shall make default in the payment of Rent, then Landlord may without
notice, as permitted by law, re-enter the Premises either by force or otherwise, dispossess Tenant by
summary proceedings or otherwise, and retake possession of the Premises. Tenant hereby waives the
service of notice of intention to re-enter or institute legal proceedings to that end.
4.3
Financial Remedies. In the event of any default, re-entry, expiration and/or dispossession
by summary proceedings or otherwise, (i) the Rent shall become due thereupon and be paid up to the time
of such re-entry, dispossession or expiration, together with such expenses Landlord may incur for legal
expenses, attorneys’ fees, brokerage, and/or putting the Premises in good order; (ii) Landlord may re-let
the Premises or any part or parts thereof; and/or (iii) Tenant shall also pay Landlord liquidated damages
Initials
Landlord________
Tenant __________
Month-to-Month Lease
Page - 3
for his failure to observe and perform the covenants in this Lease. Landlord may, at his sole option, hold
Tenant liable for any difference between the Rent payable under this Lease during the balance of the
Lease Term, and any rent paid by a successive Tenant if the Premises are re-let. In the event that after
default by Tenant Landlord is unable to re-let the Premises during any remaining term of this Lease ,
Landlord may at his option hold Tenant liable for the balance of the unpaid Rent under the Lease for the
remainder of the Lease Term.
5.
Quiet Enjoyment.
5.1
Quiet Enjoyment. Landlord covenants and agrees with Tenant that upon Tenant paying
Rent, and observing and performing all of the terms, covenants and conditions on Tenant’s part to be
observed and performed under this Lease, Tenant may peaceably and quietly enjoy the Premises, subject
nonetheless to the terms and conditions of this Lease.
6.
Assignment and Subletting.
6.1
Assignment. Tenant expressly covenants that it 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. No assignment, underletting, occupancy or collection shall be deemed a
waiver of the provisions of this Lease, the acceptance of the assignee, under tenant or occupant as tenant,
or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant in this
Lease.
7.
The Premises: Possession; Treatment; etc.
7.1
Possession and Surrender. Tenant shall be entitled to possession of the Premises on the
first day of the Lease Term, and Tenant shall not be obliged to accept possession of the Premises prior to
the first day of the Lease Term. At the expiration of the Lease Term, Tenant shall peaceably surrender the
Premises to Landlord or Landlord’s agent in good condition, as it was at the commencement of the Lease,
subject to ordinary wear and tear.
7.2
Utilities and Services. Tenant will be responsible for all utilities and services required on
the Premises, except that Landlord will provide the following:
• Water/Sewer
• Trash
7.3
Pets. Tenant is not permitted to keep any Pets on the Premises without the prior written
consent of Landlord.
7.4
Hazardous 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.
Initials
Landlord________
Tenant __________
Month-to-Month Lease
Page - 4
7.5
Alterations and Improvements. Tenant agrees not to make any improvements or
alterations to the Premises without the prior written consent of Landlord. If any alterations, improvements
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.
7.6
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 and fixtures that may have been
damaged by Tenant's misuse, waste or neglect, or that of the Tenant's family, agent or visitor. 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 his best efforts to
repair or replace any such damaged or defective area, appliance or equipment.
7.7
Damage to Premises. In the event the Premises are destroyed or rendered wholly
uninhabitable by fire, storm, earthquake or other casualty not caused by the negligence of Tenant, this
Lease shall terminate from such time except for the purpose of enforcing rights that may have then
accrued hereunder. The Rent provided for herein shall then be accounted for by and between Landlord
and Tenant up to the time of such injury or destruction of the Premises, Tenant paying Rent up to such
date and Landlord refunding Rent collected beyond such date. Should a portion of the Premises thereby
be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged
portion or terminating this Lease. In the event that Landlord exercises its right to repair such
uninhabitable portion, the Rent shall abate in the proportion that the injured parts bears to the whole
Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the
full Rent shall recommence and the Lease continue according to its terms.
7.8
NO SMOKING allowed in interior premises.
8.
Inspection.
8.1
Inspection of Premises. Landlord and Landlord’s agents shall have the right at all
reasonable times during the term of this Lease and any renewal thereof to enter the Premises for the
purpose of inspecting the Premises and all buildings and improvements thereon, and for the purposes of
making any repairs, additions or alterations as may be deemed appropriate by Landlord for the
preservation of the Premises or the building. Tenant agrees to make the Premises available to Landlord or
Landlord’s agents to inspect, to make repairs or improvements, to supply agreed services, to show the
Premises to prospective buyers or tenants, or to address an emergency. Except in an emergency situation,
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 permitting entry. Tenant further agrees to notify Landlord in writing if
Tenant installs any burglar alarm system, including instructions on how to disarm such alarm in case of
emergency entry.
9.
Abandonment.
Initials
Landlord________
Tenant __________
Month-to-Month Lease
Page - 5
9.1
Abandonment. If at any time during the term of this Lease Tenant abandons the Premises
or any part thereof, Landlord may at his option obtain possession of 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 Tenant from the Premises for at least ______ consecutive days without notice to Landlord.
If Tenant abandons the Premises while the Rent is outstanding for more than 15 days and there is no
reasonable evidence, other than the presence of Tenant’s personal property, that Tenant is occupying the
unit, Landlord may at Landlord’s option terminate this Lease and regain possession of the Premises in the
manner prescribed by law. If Landlord's right of reentry is exercised following abandonment of the
Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on
the Premises to also have been abandoned, in which case Landlord may dispose of all such personal
property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for
doing so.
10.
Extended Absences.
10.1
Extended Absences. In the event Tenant will be away from the Premises for more than
_____ consecutive days, Tenant agrees to notify Landlord in writing of such absence. During such
absence, Landlord may enter the Premises at times reasonably necessary to maintain the property and
inspect for damages and needed repairs.
11.
Security System.
11.1
Security System. 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 or 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.
12.
Insurance.
12.1
Insurance. Landlord and Tenant shall each be responsible for maintaining 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.
13.
No Other Representations, Construction; Governing Law; Consents.
13.1
No Other Representations. Tenant expressly acknowledges and agrees that Landlord has
not made and is not making, and Tenant, in executing and delivering this Lease, is not relying upon, any
warranties, representations, promises or statements, except to the extent that they are expressly set forth in
Initials
Landlord________
Tenant __________
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