Arizona Residential Lease Agreement

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Arizona Residential Lease Agreement THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this ____________ day of ____________________________, 20____, by and between _____________________________________________________________________________ _____ (hereinafter referred to as "Landlord") and ________________________________________________ (hereinafter referred to as "Tenant"). W I T N E S S E T H : WHEREAS, Landlord is the fee owner of certain real property being, lying and sit ated in _______________ !o nty, Ari"ona, s ch real property ha#ing a street address of ______________________________________________________________ (hereinafter referred to as the "$remises"). WHEREAS, Landlord desires to lease the $remises to Tenant pon the terms and conditions as contained herein% and WHEREAS, Tenant desires to lease the $remises from Landlord on the terms and conditions as contained herein% NOW, THEREFORE, for and in consideration of the co#enants and obligations contained herein and other good and #al able consideration, the receipt and s fficiency of which is hereby ac&nowledged, the parties hereto hereby agree as follows' (. TERM. This Agreement shall commence on ____________________ ("!ommencement )ate"). *check either A or B+' ____ A. Mont !to!Mont : This Agreement shall contin e as a month,to,month tenancy. -f at any time Tenant desires to terminate the tenancy, Tenant may do so by pro#iding to Landlord written notice of intention to terminate. . ch notice to terminate m st be pro#ided to Landlord at least thirty (/0) days prior to the desired date of termination of the tenancy. -f at any time Landlord desires to terminate the tenancy, Landlord may do so by pro#iding to Tenant s ch written notice of intention to terminate at least thirty (/0) days prior to the desired date of termination of the tenancy. 0otices to terminate may be gi#en on any calendar day, irrespecti#e of !ommencement )ate. ____ ". Fi#ed!Term Lease: This Agreement shall contin e as a lease for a fi1ed term. The termination date shall be on ___________________ (date) at (('23 $4. 5pon termination date, Tenant shall #acate the $remises nless one of the following circ mstances occ r' (i) Landlord and Tenant formally e1tend this Agreement in writing or create and e1ec te a new, written, and signed agreement% or (ii) Landlord willingly accepts new 6ent from Tenant, which does not constit te past d e 6ent. -n the e#ent that Landlord accepts from Tenant new rent, a month,to,month tenancy shall be created. 7ither party may terminate this month,to,month tenancy by following the proced res specified in paragraph (A. 6ent shall contin e at the rate specified in this Agreement, or as otherwise allowed by law. All other terms and conditions as o tlined in this Agreement shall remain in f ll force and effect.

2. RENT. 5nder the terms of this Agreement, "6ent" shall consist of all monetary
obligations owed to Landlord by Tenant in accordance with this Agreement. 8owe#er, the .ec rity )eposit shall not be considered 6ent. Tenant shall pay to Landlord ___________________________________________

/. $__________________________ )9LLA6. (:______________) per month as 6ent for the Term of the Agreement. ) e date for 6ent payment shall be the (st day of each calendar month and shall be considered ad#ance payment for that month. -f not remitted on the (st, 6ent shall be considered o#erd e and delin; ent on the 2nd day of each calendar month. -n the e#ent that the !ommencement )ate is not the (st of the calendar month, 6ent payment remitted on the !ommencement )ate shall be prorated based on a /0,day period. Acceptable forms of payment of 6ent to Landlord shall be * check all that apply+' ____ personal chec&, ____ money order, ____ cashier<s chec&, or ____ other ________________________________________. $ayment shall be made to Landlord nder the following name and address' -n the e#ent that any payment by Tenant is ret rned for ins fficient f nds ("0.=") or if Tenant stops payment, Landlord may re; ire in writing that Tenant pay 6ent in cash for three months, and that all f t re 6ent payments shall be remitted by Tenant to Landlord by money order or cashier>s chec&. /. SE%&RIT' (E)OSIT. 5pon the d e e1ec tion of this Agreement, Tenant shall deposit with Landlord the s m of _______________________________________________________________________ _ )9LLA6. (:________), receipt of which is hereby ac&nowledged by Landlord, as a sec rity deposit. As re; ired nder ? //,(/2( of the Ari"ona 6esidential Landlord and Tenant Act, the sec rity deposit shall not e1ceed a s m e; al to one and a half ((.2) month>s rent. The sec rity deposit shall not be constr ed as payment of the last month>s rent by the Tenant. @ithin fo rteen ((A) days, e1cl ding .at rdays, . ndays, or other legal holidays, after termination of the tenancy and deli#ery of possession and demand by Tenant, Landlord shall pro#ide Tenant an itemi"ed list of all ded ctions together with the amo nt d e and payable to Tenant, if any. 5nless other arrangements are made in writing by Tenant, Landlord shall mail this itemi"ation, by reg lar mail, to Tenant>s last &nown place of residence. A. &SE OF )REMISES. The $remises shall be sed and occ pied by Tenant and Tenant>s immediate family, consisting of ______________________ __________________________ ____________, e1cl si#ely, as a pri#ate single family dwelling, and no part of the $remises shall be sed at any time d ring the term of this Agreement by Tenant for the p rpose of carrying on any b siness, profession, or trade of any &ind, or for any p rpose other than as a pri#ate single family dwelling. Tenant shall not allow any other person, other than Tenant>s immediate family or transient relati#es and friends who are g ests of Tenant, to se or occ py the $remises witho t first obtaining Landlord>s written consent to s ch se. Tenant shall comply with any and all laws, ordinances, r les and orders of any and all go#ernmental or ; asi,go#ernmental a thorities affecting the cleanliness, se, occ pancy and preser#ation of the $remises. 2. %ON(ITION OF )REMISES. Tenant stip lates, represents and warrants that Tenant has e1amined the $remises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. B. ASSIGNMENT AN( S&"!LETTING. Tenant shall not assign this Agreement, or s b,let or grant any license to se the $remises or any part thereof witho t the prior written consent of Landlord. A consent by Landlord to one s ch assignment, s b,letting or license shall not be deemed to be a consent to any s bse; ent assignment, s b,letting or license. An assignment, s b,letting or license witho t the prior written consent of Landlord or an assignment or s b,letting by operation of law shall be absol tely n ll and #oid and shall, at Landlord>s option, terminate this Agreement.

C. ALTERATIONS AN( IM)RO*EMENTS. Tenant shall ma&e no alterations to the b ildings or impro#ements on the $remises or constr ct any b ilding or ma&e any other impro#ements on the $remises witho t the prior written consent of Landlord. Any and all alterations, changes, andDor impro#ements b ilt, constr cted or placed on the $remises by Tenant shall, nless otherwise pro#ided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the $remises at the e1piration or earlier termination of this Agreement. E. NON!(ELI*ER' OF )OSSESSION. -n the e#ent Landlord cannot deli#er possession of the $remises to Tenant pon the commencement of the Lease term, thro gh no fa lt of Landlord or its agents, then Landlord or its agents shall ha#e no liability, b t the rental herein pro#ided shall abate ntil possession is gi#en. Landlord or its agents shall ha#e thirty (/0) days in which to gi#e possession, and if possession is tendered within s ch time, Tenant agrees to accept the demised $remises and pay the rental herein pro#ided from that date. -n the e#ent possession cannot be deli#ered within s ch time, thro gh no fa lt of Landlord or its agents, then this Agreement and all rights here nder shall terminate. 3. HA+AR(O&S MATERIALS . Tenant shall not &eep on the $remises any item of a dangero s, flammable or e1plosi#e character that might nreasonably increase the danger of fire or e1plosion on the $remises or that might be considered ha"ardo s or e1tra ha"ardo s by any responsible ins rance company. (0. &TILITIES. Tenant shall be responsible for arranging for and paying for all tility ser#ices re; ired on the $remises. ((. MAINTENAN%E AN( RE)AIR, R&LES. Tenant will, at its sole e1pense, &eep and maintain the $remises and app rtenances in good and sanitary condition and repair d ring the term of this Agreement and any renewal thereof. @itho t limiting the generality of the foregoing, Tenant shall' (a) 0ot obstr ct the dri#eways, sidewal&s, co rts, entry ways, stairs andDor halls, which shall be sed for the p rposes of ingress and egress only% Feep all windows, glass, window co#erings, doors, loc&s and hardware in good, clean order and repair% 0ot obstr ct or co#er the windows or doors% 0ot lea#e windows or doors in an open position d ring any inclement weather% 0ot hang any la ndry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space% 0ot ca se or permit any loc&s or hoo&s to be placed pon any door or window witho t the prior written consent of Landlord% Feep all air conditioning filters clean and free from dirt% Feep all la#atories, sin&s, toilets, and all other water and pl mbing apparat s in good order and repair and shall se same only for the p rposes for which they were constr cted. Tenant shall not allow any sweepings, r bbish, sand, rags, ashes or other s bstances to be thrown or deposited therein. Any

(b)

(c) (d) (e)

(f)

(g) (h)

damage to any s ch apparat s and the cost of clearing stopped pl mbing res lting from mis se shall be borne by Tenant% (i) And Tenant>s family and g ests shall at all times maintain order in the $remises and at all places on the $remises, and shall not ma&e or permit any lo d or improper noises, or otherwise dist rb other residents% Feep all radios, tele#ision sets, stereos, phonographs, etc., t rned down to a le#el of so nd that does not annoy or interfere with other residents% )eposit all trash, garbage, r bbish or ref se in the locations pro#ided therefor and shall not allow any trash, garbage, r bbish or ref se to be deposited or permitted to stand on the e1terior of any b ilding or within the common elements% Abide by and be bo nd by any and all r les and reg lations affecting the $remises or the common area app rtenant thereto which may be adopted or prom lgated by the !ondomini m or 8omeowners> Association ha#ing control o#er them.

(G)

(&)

(l)

(2. (AMAGE TO )REMISES. -n the e#ent the $remises are destroyed or rendered wholly ninhabitable by fire, storm, earth; a&e, or other cas alty not ca sed by the negligence of Tenant, this Agreement shall terminate from s ch time e1cept for the p rpose of enforcing rights that may ha#e then accr ed here nder. The rental pro#ided for herein shall then be acco nted for by and between Landlord and Tenant p to the time of s ch inG ry or destr ction of the $remises, Tenant paying rentals p to s ch date and Landlord ref nding rentals collected beyond s ch date. .ho ld a portion of the $remises thereby be rendered ninhabitable, the Landlord shall ha#e the option of either repairing s ch inG red or damaged portion or terminating this Lease. -n the e#ent that Landlord e1ercises its right to repair s ch ninhabitable portion, the rental shall abate in the proportion that the inG red parts bears to the whole $remises, and s ch part so inG red shall be restored by Landlord as speedily as practicable, after which the f ll rent shall recommence and the Agreement contin e according to its terms. (/. INS)E%TION OF )REMISES. Landlord and Landlord>s agents shall ha#e the right at all reasonable times d ring the term of this Agreement and any renewal thereof to enter the $remises for the p rpose of inspecting the $remises and all b ildings and impro#ements thereon. And for the p rposes of ma&ing any repairs, additions or alterations as may be deemed appropriate by Landlord for the preser#ation of the $remises or the b ilding. Landlord and its agents shall f rther ha#e the right to e1hibit the $remises and to display the s al "for sale", "for rent" or "#acancy" signs on the $remises at any time within forty, fi#e (A2) days before the e1piration of this Lease. The right of entry shall li&ewise e1ist for the p rpose of remo#ing placards, signs, fi1t res, alterations or additions, that do not conform to this Agreement or to any restrictions, r les or reg lations affecting the $remises. (A. S&"OR(INATION OF LEASE . This Agreement and Tenant>s interest here nder are and shall be s bordinate, G nior and inferior to any and all mortgages, liens or enc mbrances now or hereafter placed on the $remises by Landlord, all ad#ances made nder any s ch mortgages, liens or enc mbrances (incl ding, b t not limited to, f t re ad#ances), the interest payable on s ch mortgages, liens or enc mbrances and any and all renewals, e1tensions or modifications of s ch mortgages, liens or enc mbrances.

(2. TENANT-S HOL( O*ER. -f Tenant remains in possession of the $remises with the consent of Landlord after the nat ral e1piration of this Agreement, a new tenancy from month,to,month shall be created between Landlord and Tenant which shall be s bGect to all of the terms and conditions hereof e1cept that rent shall then be d e and owing at ___________________________________________ )9LLA6. (:___________) per month and e1cept that s ch tenancy shall be terminable pon thirty (/0) days written notice ser#ed by either party. (B. S&RREN(ER OF )REMISES. 5pon the e1piration of the term hereof, Tenant shall s rrender the $remises in as good a state and condition as they were at the commencement of this Agreement, reasonable se and wear and tear thereof and damages by the elements e1cepted. (C. ANIMALS . Tenant shall be entitled to &eep no more than __________ (____) domestic dogs, cats or birds% howe#er, at s ch time as Tenant shall act ally &eep any s ch animal on the $remises, Tenant shall pay to Landlord a pet deposit of __________________________________________ )9LLA6. (:_________), ____________________________________________________________ )9LLA6. (:_________) of which shall be non,ref ndable and shall be sed pon the termination or e1piration of this Agreement for the p rposes of cleaning the carpets of the b ilding. (E. .&IET EN/O'MENT. Tenant, pon payment of all of the s ms referred to herein as being payable by Tenant and Tenant>s performance of all Tenant>s agreements contained herein and Tenant>s obser#ance of all r les and reg lations, shall and may peacef lly and ; ietly ha#e, hold and enGoy said $remises for the term hereof. (3. IN(EMNIFI%ATION. Landlord shall not be liable for any damage or inG ry of or to the Tenant, Tenant>s family, g ests, in#itees, agents or employees or to any person entering the $remises or the b ilding of which the $remises are a part or to goods or e; ipment, or in the str ct re or e; ipment of the str ct re of which the $remises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of e#ery &ind and nat re. 20. (EFA&LT. As a thori"ed nder ? //,(/BE of the Ari"ona 6esidential Landlord and Tenant Act, if Landlord determines that Tenant is in defa lt of this Agreement, Landlord shall pro#ide Tenant with the appropriate written notice as specified below, and Tenant shall ha#e a limited n mber of days to remedy the defa lt nless otherwise e1cepted. (a) =or the fail re to pay rent when d e, Landlord shall pro#ide Tenant with a written 0otice of 0onpayment specifying Landlord>s intention to terminate this Agreement if the rent is not paid, and Tenant shall ha#e not less than fi#e (2) days after the notice is deli#ered to pay the rent in arrears in its entirety. (b) =or any material noncompliance by Tenant with this Agreement (incl ding material falsification of the information pro#ided on the rental application, s ch as ntr e or misleading information abo t the n mber of occ pants in the dwelling nit, pets, income of prospecti#e tenant, social sec rity n mber, and c rrent employment listed on the application or lease agreement), Landlord shall pro#ide Tenant with a written 0otice of 0oncompliance specifying the acts and omissions constit ting the breach and specifying that this Agreement will terminate pon a date not less than ten ((0) days after deli#ery of the notice to Tenant, and Tenant shall remedy s ch breach within that timeframe. (c) =or any noncompliance by Tenant materially affecting health and safety, Landlord may deli#er a written 0otice of 0oncompliance to Tenant specifying the acts and omissions constit ting the breach and that this Agreement will terminate pon a date not less than fi#e (2) days after receipt of the notice if the breach is not remedied in that timeframe. -f Tenant fails to remedy the defa lt within the re; ired timeframe, Landlord may terminate this Agreement by filing a special detainer action p rs ant to A6. ? //,(/CC. -n addition, if this Agreement is terminated p rs ant to this

paragraph, Landlord may, at Landlord>s option, declare the entire balance of rent payable here nder to be immediately d e and payable and may e1ercise any and all rights and remedies a#ailable to Landlord at law or in e; ity. 2(. LATE %HARGE . -n the e#ent that any payment re; ired to be paid by Tenant here nder is not made within three (/) days of when d e, Tenant shall pay to Landlord, in addition to s ch payment or other charges d e here nder, a "late fee" in the amo nt of _______________________________________ )9LLA6. (:__________). 22. A"AN(ONMENT. -f at any time d ring the term of this Agreement Tenant abandons the $remises or any part thereof, Landlord may, at Landlord>s option, obtain possession of the $remises in the manner pro#ided by law, and witho t becoming liable to Tenant for damages or for any payment of any &ind whate#er. Landlord may, at Landlord>s discretion, as agent for Tenant, relet the $remises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then ne1pired term, and may recei#e and collect all rent payable by #irt e of s ch reletting, and, at Landlord>s option, hold Tenant liable for any difference between the rent that wo ld ha#e been payable nder this Agreement d ring the balance of the ne1pired term, if this Agreement had contin ed in force, and the net rent for s ch period reali"ed by Landlord by means of s ch reletting. -f Landlord>s right of reentry is e1ercised following abandonment of the $remises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the $remises to also ha#e been abandoned, in which case Landlord may dispose of all s ch personal property in any manner Landlord shall deem proper and Landlord is hereby relie#ed of all liability for doing so. 2/. ATTORNE'S- FEES. As pro#ided nder A6. ? //,(/(2(A)(2), in the e#ent any disp te arises between Landlord and Tenant concerning this Agreement that res lts in litigation, the losing party shall pay the pre#ailing party>s reasonable attorney fees and co rt costs, which shall be determined by the co rt and made a part of any G dgment. 2A. RE%OR(ING OF AGREEMENT . Tenant shall not record this Agreement on the $ blic 6ecords of any p blic office. -n the e#ent that Tenant shall record this Agreement, this Agreement shall, at Landlord>s option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in e; ity. 22. GO*ERNING LAW . This Agreement shall be go#erned, constr ed and interpreted by, thro gh and nder the Laws of the .tate of Ari"ona. 2B. SE*ERA"ILIT'. -f any pro#ision of this Agreement or the application thereof shall, for any reason and to any e1tent, be in#alid or nenforceable, neither the remainder of this Agreement nor the application of the pro#ision to other persons, entities or circ mstances shall be affected thereby, b t instead shall be enforced to the ma1im m e1tent permitted by law. 2C. "IN(ING EFFE%T. The co#enants, obligations and conditions herein contained shall be binding on and in re to the benefit of the heirs, legal representati#es, and assigns of the parties hereto. 2E. (ES%RI)TI*E HEA(INGS. The descripti#e headings sed herein are for con#enience of reference only and they are not intended to ha#e any effect whatsoe#er in determining the rights or obligations of the Landlord or Tenant. 23. %ONSTR&%TION. The prono ns sed herein shall incl de, where appropriate, either gender or both, sing lar and pl ral.

/0. NON!WAI*ER. 0o ind lgence, wai#er, election or non,election by Landlord nder this Agreement shall affect Tenant>s d ties and liabilities here nder. /(. MO(IFI%ATION. The parties hereby agree that this doc ment contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way e1cept thro gh a written amendment signed by all of the parties hereto.

32. NOTI%E. Any notice re; ired or permitted nder this Lease or nder state law shall be
deemed s fficiently gi#en or ser#ed if sent by 5nited .tates certified mail, ret rn receipt re; ested, addressed as follows' -f to Landlord to' ______________________________________________ *Landlord's ______________________________________________ ______________________________________________ *Landlord's Address+ -f to Tenant to' ______________________________________________ *Tenant's ______________________________________________ ______________________________________________ *Tenant's Address+ Landlord and Tenant shall each ha#e the right from time to time to change the place notice is to be gi#en nder this paragraph by written notice thereof to the other party. //. A((ITIONAL )RO*ISIONS, (IS%LOS&RES. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ *Landlord sho ld note abo#e any disclos res abo t the premises that may be re; ired nder =ederal or Ari"ona law, s ch as &nown lead,based paint ha"ards in the $remises. The Landlord sho ld also disclose any flood ha"ards.+

Name+

Name+

As to Landlord t is $$$$$$ da0 o1 $$$$$$$$$$$$$$$$$$$$$$$$, 23$$$$$. LA0)L96)' .ign' ________________________________ $rint' ___________________________ )ate' _____________

As to Tenant, t is $$$$$$ da0 o1 $$$$$$$$$$$$$$$$$$$$$$$$, 23$$$$$. T70A0T ("Tenant")' .ign' ___________________________________ $rint' __________________________________ )ate' ______________ T70A0T' .ign' ___________________________________ $rint' __________________________________ )ate' ______________ T70A0T' .ign' ___________________________________ $rint' __________________________________ )ate' ______________ T70A0T' .ign' ___________________________________ $rint' __________________________________ )ate' ______________

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