Lease Agreement for Property
[Tenant Info]
In consideration of the mutual covenants and conditions herein contained, Landlord
leases to Tenant and Tenant leases from Landlord/Owner the property described
under the following terms and conditions:
1. PREMISES – The premises leased by Tenant consist of the [UNIT ]
located at [STREET], San Juan, PR 00927, including [AMENITIES].
2. TERM – The term of this lease shall be for a period of twelve (12) months upon the
Commencement Date. The Term will be
deemed to have commenced on [START DATE]
(“Commencement Date”) and will expire on [END DATE] unless sooner terminated as hereinafter provided.
3. RENT – Throughout the term of this Lease, Tenant covenants
and agrees to pay the Landlord monthly rent of [AMOUNT] dollars ($AMOUNT) payable
in advance on each calendar month. Rent is inclusive of homeowners’ association
monthly dues.
a. The rent does not include utilities (electric, water,
internet, etc.) The Tenant is solely responsible for said utility charges
and/or any costs of activation and deactivation.
4. PAST DUE
RENTS – If Tenant shall fail to pay
any rent within seven (7) days after the same becomes due and payable,
Tenant agrees to pay a late charge of twenty-five dollars ($25.00) for each day the payment is late. If Tenant shall fail to
pay rent on the day indicated in this contract, Landlord can declare this
contract in default with written notification to Tenant. In the event Landlord declares this contract
in default, Tenant shall move out of the premises in a term no longer than 15
days from the date of the written notification.
5. RENEWAL – Provided that Tenant is not in default under any
term of this lease, and after written approval by the Landlord, after the first
year Tenant is hereby given a first option to renew this lease for an
additional term of twelve (12) months. The rent will be negotiated at the time
of renewal. Tenant shall give Landlord written notice thirty (30) days prior to
the end of this lease of intent to renew. Tenant shall provide Landlord with
access to the property prior to the expiration term [END DATE] for the
Landlord to inspect the unit.
6. SECURITY
DEPOSIT – Tenant shall pay the
equivalent of [AMOUNT] dollars ($AMOUNT), as Security Deposit for the
rental of Second Floor Unit at [STREET], San Juan, PR 00927.
7. PAYMENT OF
RENT – Payments must be received by
the Landlord on or before the due date, through electronic means (ATH Movil,
Venmo, Paypal, ACH, without charges to Landlord) or at the following address,
and checks made out to: Watermelon LLC, [ADDRESS].
8. INSPECTIONS – Six (6) months into the Lease, Landlord shall have
the right to inspect the property for damage and notify Tenant of any repairs
that need to be made before the apartment is handed back to Landlord. One-month (1) months before the lease
expires, Landlord will inspect the property for damage and notify Tenant of any
repairs that need to be made before the apartment is handed back to Landlord.
Notices must be provided by Landlord with at least twenty-four (24) hours notice,
but in no case the inspection can be delayed over seven (7) days. Once the
lease expires Landlord will inspect the property for damage. If there is no damage other than the normal
wear and tear caused by Tenant and all notified repairs have been made,
Landlord will proceed to return the security deposit to Tenant within one week
after the expiration of the contract. If there is damage caused by Tenant that
needs to be repaired, Landlord will proceed to make the necessary repairs and
return any remainder of the security deposit to Tenant within thirty days after
the expiration of the contract. THE
SECURITY DEPOSIT CANNOT BE USED AS LAST
MONTH’S RENT.
9. MAINTENANCE
& REPAIR – Tenant shall keep the
premises and the common areas in good repair. Landlord shall not be liable for
any repairs caused by the acts of the Tenant, its agents or employees. Tenant
shall be responsible for maintenance and minor repairs to the inside of the
premises. All such repairs shall be made
with materials and workmanship equivalent to the original. All major repairs shall be on Landlord’s
account. “Major repairs” are defined as repairs over one-hundred and fifty
dollars ($150.00) and not caused by the tenant, but due to regular wear and
tear. At the start of the lease term, Tenant will have 30 days to notify
Landlord of any fixtures and equipment provide on Exhibit A that are on working
condition. Landlord will make all necessary efforts to coordinate the fixtures
and equipment notified within said 30- day period promptly at its sole expense.
SMOKING IS TOTALLY PROHIBITED.
10. ALTERATIONS
& IMPROVEMENTS – Tenant shall
make no alterations, decoration, additions or improvements in or to the
premises without Landlord’s prior written consent and then only by contractors
or mechanics approved by Landlord. All
such work shall be done at such times and in such manner as Landlord may from
time to time designate. All permanent alterations, additions or improvements
upon the premises, made by either party shall become the property of Landlord,
and shall remain upon, and be surrendered with the premises at the termination
of this lease. Exceptions to this shall be agreed to by both parties. For
clarity, in the event the Tenant wishes to install an air conditioning unit,
Tenant shall be entitled to remove and keep the unit as long as the Property is
returned, repaired and re-established to its original state. In case the
removal of the unit is not done accordingly, Landlord shall be entitled to
returned to its original state at the expense of the Tenant, and may deduct the
expense of such repair from the Security Deposit. Any mechanic’s lien filed
against the premises, or the building, for work claimed to have been done for
Tenant, shall be discharged by Tenant within ten days thereafter at Tenant’s
expenses by filing a bond as required by law.
11. PETS – Tenant is not allowed to have pets in the premises.
12. ASSIGNMENT
& SUBLETTING – The Tenant shall
not assign this Lease, or in any manner transfer any interest in the premises
or sublet the premises or any part thereof, without the written consent of the
Landlord.
13. USE – The premises shall be used only as a residency and
shall not be used for illegal purpose or in violation of any zoning laws or
property restrictions. Tenant shall not
keep or display any merchandise in any common areas without the written consent
of the Landlord. Tenant shall maintain
any display windows in neat and clear condition and shall not make any
structural alterations to the premises without the written consent of the
Landlord. Tenant agrees to at all times conduct his business in a reputable
manner and to not hold any auctions, liquidations, fire, or bankruptcy sale
without the written consent of the Landlord, which consent shall not
unreasonably be withheld.
14. ENVIRONMENTAL
LAWS – Tenant shall strictly comply
with any and all local, state and federal environmental laws and regulations.
15. LIABILITY – Landlord, its employees and agents shall not liable
for and Tenant will indemnify and save them harmless from all fines, suits,
claims, demands, losses and actions (including attorney’s fees) for any injury
to person or damage to, or loss of property on or about the premises, caused by
the negligence or misconduct or breach of this lease by Tenant, its employees,
subtenants, invitees, or by any other person entering the premises. Landlord shall not be liable for any loss or
damages to any person or property occasioned by theft, fire, act of God, public
emergency, injunction, riot, strike, war, insurrection, court order,
requisitions of other governmental body or authority, by other Tenants of the
building, their invitees, or by any other matter beyond control of the
Landlord, or from any cause whatever except Landlord’s negligence, its
employees, agents or invitees. Tenant hereby acknowledges that Landlord has
made no written or oral representations or warranties, either express or
implied, as to any security measures or, safeguards on or about the premises.
16. INDEMNITY – The
Tenant hereby agrees to indemnify, defend and hold harmless the Landlord,
successors and assigns, and their respective members, officers, directors,
managers, contractors, employees and agents (collectively, the “Landlord Indemnified
Parties”) from and against any and all claims, actions, loses, liabilities,
damages, judgments and expenses (including, without limitation, reasonable
attorneys’ fees, court costs and litigation expenses) (“Losses”) to the extent
resulting from the use of any of the appliances provided by the Landlord as
well as those not provided by the Lanlord under the lease agreement. Tenant
shall also indemnify, defend and hold harmless the Landlord from any claims
made by any third-party accessing the property and/or indirectly affected by
the Tenant’s actions with respect to the use of the property. However, that the
foregoing indemnification shall not apply to the extent of the negligence or
willful misconduct of a Landlord.
17. INSURANCE – Landlord recommends that Tenant have in effect for
the terms of this lease a personal liability policy covering any liability
arising on or about the premises, including bodily injury and property damage.
18. FIRE OR
CASUALTY – In the event of a fire or
other casualty to the premises:
a. If the premises are not rendered untenantable in whole
or in part, Landlord shall promptly, after receipt of insurance proceeds,
repair the premises, and the rent shall not abate;
b. If the premises are rendered partially untenantable,
Landlord shall promptly, after receipt of insurance proceeds, repair the
premises, and rent shall abate as to the untenantable part of the premises;
c. If the premises are rendered totally untenantable,
Landlord shall promptly, after receipt of insurance proceeds, rebuild the
premises and the rent shall abate. If such occurs Landlord may cancel this
lease. The rent abatement shall not
apply if Tenant has business interruption insurance. In the event that a mortgage holder requires
that the insurance proceeds be used to retire the debt, then Landlord may
cancel this lease.
19. ACCESS – Landlord reserves the right to enter the premises,
upon giving reasonable notice, for the purpose of inspection, repair or showing
to prospective tenants or purchasers.
20. LOCKS – If Tenant changes locks on the premises, Landlord’s
shall be notified immediately and said locks shall be returned within 5 days.
Should Landlord require a copy of the keys for temporary security purposes,
Tenant shall make the necessary arrangements to provide such copies of the
keys.
21. FURNITURE
& FIXTURES – Any furniture and
fixtures installed in the premises by the Landlord are property of the Landlord
and may not be removed from the premises.
Tenant is responsible for keeping them in good condition. See Exhibit
1 for details.
22. ABANDONMENT – In the event Tenant abandons the property prior to
the expiration of the lease, Landlord may rent the premises and hold Tenant
liable for any costs, lost rent or damage to the premises. Landlord may dispose of any personal property
abandoned by Tenant. If the property is abandoned before the expiration of the
contract, the Early Termination clause will be put into effect.
23. EARLY
TERMINATION – In the event Tenant
notifies Landlord or Landlord notifies Tenant of an Early Termination of this
lease for reasons other than Tenant’s non-payment, the party that terminates
the agreement shall do so in writing at least 30 days prior to termination
date. In the event Tenant cancels the
lease, tenant shall pay Landlord a penalty of one month’s rent or [AMOUNT] dollars
($AMOUNT) in addition to the rest of the rents due under this agreement. NO
EARLY TERMINATION EXCEPTION: In the event that a pandemic, a natural
disaster, not limited floods, hurricanes, earthquakes, etc. occur, Tenant shall
continue to pay rent as per the terms of this agreement. Tenant acknowledges
that the Commonwealth of Puerto Rico is exposed to these risks and under this
agreement these events are not considered ‘force majure’.
24. DEFAULT /
REMEDIES – In the event the Tenant
fails to pay the rent, violates any of the terms of this lease, abandons the
premises, transfers any interest in the premises by operation of law, in
bankruptcy or by assignment to creditors, then Tenant shall be in default under
this lease. Upon such default, Landlord may terminate this lease and retake
possession for the account of the Tenant, holding the Tenant liable for any
lost rent, or may let the unit sit vacant and declare the entire remaining
balance of the rent immediately due and payable.
25. SURRENDER OF
PREMISES – At the expiration of the
term of this lease, Tenant shall immediately surrender possession of the
premises in as good condition as at the start of this lease. The Tenant shall turn over to Landlord all
keys to the premises, including keys made by Tenant or Tenant’s agents.
26. SUBORDINATION – Tenant’s interest in the premises shall be
subordinate to any encumbrances, and to any extensions or renewals thereof.
Tenant agrees to sign any documents indicating such subordination, which may be
required by lenders.
27. MECHANICS’
LIENS – Tenant shall have no power or
authority to create any lien to attach to the present estate, reversion or
other estate of Landlord in the premises herein demised or on the building or
other improvements thereon, and all material, men, contractors, artisans,
mechanics and laborers and other persons contracting with Tenant with respect
to the demised premises or any part thereof, are hereby charged with Notice
that they must look to Tenant to secure payment of any bill for work done or
material furnished or for any other purpose during the term of this lease. If any such lien attaches, or claim of lien
is made, against the demised premises of the building of which said premises
are a part, or on the land on which the building is erected and shall not be
released by payment, bond or otherwise within thirty (30) days after notice
thereof, the Landlord shall have the option of payment or discharging the same
and Tenant agrees to reimburse Landlord promptly upon demand.
28. ENTIRE AGREEMENT – This lease constitutes the entire agreement between
the parties and may not be modified except in writing signed by both parties.
29. WAIVER – One or more waivers of any covenant or condition by
the Landlord shall not be construed as a waiver of a further breach of the same
covenant or condition.
30. ATTORNEY’S
FEES – In the event of any legal
proceedings regarding this agreement, including appellate proceedings, the
prevailing party shall be entitled to a reasonable attorney’s fee. “Legal
proceedings” shall include any legal services used prior to commencement of
litigation.
31. JURY WAIVER – Both Landlord and Tenant hereby waive trial by jury
in any action arising out of this agreement.
32. SEVERABILITY – If any provision of this lease should be or become
invalid, such invalidity shall not be in any way affect any of the other
provisions of this lease, which shall continue to remain in full force and
effect.
33. RELATIONSHIP
OF PARTIES – Nothing contained herein
shall be deemed or construed by the parties hereto, nor by any third party, as
creating the relationship of principal and agent or of partnership or of joint
venture between the parties hereto, it being understood and agreed that neither
the method of computation of rent nor any other provision contained herein, nor
any acts of the parties herein, shall be deemed to create any relationship
between the parties hereto other than the relationship of Landlord and Tenant.
34. NOTICES – Any notice given by the parties to this lease shall
be served by certified mail to the addresses in Page 1 of this Agreement:
35. GOVERNING LAW – This
Lease shall be construed and governed by the Laws of the Commonwealth of Puerto
Rico. The invalidity or unenforceability
of any provision of this Lease shall not affect or impair any other
provision. All negotiations,
considerations, representations, and understandings between the parties are
incorporated in this Lease, which may be modified or altered only by agreement
in writing between the parties. The
heading of the several articles and sections contained herein are for
convenience only and do not define, limit or construe the contents of such
articles.
36. RECORDING – This lease shall not be recorded in any public
records.
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Landlord: Watermelon
__________________________________ Represented Date: |
Tenant:
__________________________________ Tenant Date:
__________________________________ Tenant Date:
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Exhibit A
Equipment and Fixtures
1. Refrigerator
2. Stove
3. Washer
4. Dryer
5. A/C unit on Master Bedroom