Free Residential Tenancy Agreement

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Residential Tenancy Agreement

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Your Residential Tenancy Agreement

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RESIDENTIAL TENANCY AGREEMENT

THIS LEASE (the "Lease") dated this 9th day of December, 2018

BETWEEN:

_____________________

(the "Landlord")

- AND-

_______________________

(the "Tenant")

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION of the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

  1. Leased Property
  2. The Landlord agrees to rent to the Tenant the house, municipally described as _____________________________________________ (the "Property"), for use as residential premises only. Neither the Property nor any part of the Property will be used at any time during the term of this Lease by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as a private single-family residence.
  3. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  4. No pets or animals are allowed to be kept in or about the Property without the prior written permission of the Landlord. Upon thirty (30) days' notice, the Landlord may revoke any consent previously given pursuant to this clause.
  5. Subject to the provisions of this Lease, the Tenant is entitled to the use of parking on or about the Property.
  6. The Tenant and members of Tenant's household will not smoke anywhere in the Property nor permit any guests or visitors to smoke in the Property.
  7. The Property is provided to the Tenant without any furnishings or chattels.
  8. Term
  9. The term of the Lease commences at 12:00 noon on 9 December 2018 and ends at 12:00 noon on 9 December 2018.
  10. If after the end of the term of this Lease, the Tenant will remain in possession of the Property without an express written agreement as to such holding, then such holding-over will be deemed a month-to-month tenancy at the same rental rate provided in this Lease.
  11. Rent
  12. Subject to the provisions of this Lease, the rent for the Property is $___________ per week (the "Rent").
  13. The Tenant will pay the Rent weekly, on or before ____________________ of each and every week of the term of this Lease by cash or cheque to the Landlord at ______________________________ or at such other place as the Landlord may later designate.
  14. Quiet Enjoyment
  15. The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Property for the agreed term.
  16. Tenant Improvements
  17. The Tenant will obtain written permission from the Landlord before doing any of the following:
    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  18. Utilities and Other Charges
  19. The Tenant is responsible for the payment of all the Tenant's utilities in relation to the Property.
  20. Insurance
  21. The Tenant understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  22. Governing Law
  23. This Lease will be construed in accordance with and exclusively governed by the laws of New Zealand.
  24. Assignment and Subletting
  25. The Tenant will not assign this Lease, or sublet or grant any concession or licence to use the Property or any part of the Property. Any assignment, subletting, concession, or licence, whether by operation of law or otherwise, will be void and will, at Landlord's option, terminate this Lease.
  26. Damage to Property
  27. If the Property should be damaged other than by the Tenant's negligence or willful act or that of the Tenant's employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.
  28. Care and Use of Property
  29. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.
  30. The Tenant will not engage in any illegal trade or activity on or about the Property.
  31. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.
  32. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.
  33. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.
  34. Prohibited Activities and Materials
  35. The Tenant will not keep or have on the property any article or thing of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire on the Property or that might be considered hazardous by any responsible insurance company.
  36. The Tenant will not perform any activity on the Property or have on the property any article or thing that the Landlord's insurance company considers increases any insured risk such that the insurance company denies coverage or increases the insurance premium.
  37. The Tenant will not perform any activity on the Property that the Landlord feels significantly increases the use of electricity, heat, water, sewer or other utilities on the Property.
  38. Rules and Regulations
  39. The Tenant will obey all rules and regulations of the Landlord regarding the Property.
  40. Address for Notice
  41. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:
    1. Name: _______________________
    2. Phone: _________________________
    3. Post termination notice address: ________________________________________________________
  42. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
    1. Name: _____________________
    2. Address: ______________________________

      The contact information for the Landlord is:

    3. Phone:  _________________________
  43. General Provisions
  44. All monetary amounts stated or referred to in this Lease are based in the New Zealand dollar.
  45. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
  46. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  47. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  48. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease.
  49. If there is a conflict between any provision of this Lease and the Act, the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.
  50. This Lease may only be amended or modified by a written document executed by the Parties.
  51. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  52. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  53. This Lease and the Tenant's leasehold interest under this Lease are and will be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the Property by the Landlord, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions such liens or encumbrances.
  54. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  55. This Lease constitutes the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either Party except to the extent incorporated in this Lease.
  56. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of displaying the usual 'For Sale' or 'For Rent' or 'Vacancy' signs on the Property.
  57. Time is of the essence in this Lease.

IN WITNESS WHEREOF the Parties have duly affixed their signatures.

_____________________
Landlord: _____________________

_____________________
Date

_____________________
Tenant: _______________________

_____________________
Date

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_____________________
Tenant: _______________________

_____________________
Date


Insulation Disclosure Statement

The Landlord provides this disclosure of the type, location, and condition of the insulation in the property located at _____________________________________________, which the Landlord has been able to determine after all reasonable efforts, pursuant to the Residential Tenancies Act 1986.

CEILINGS

Describe the location and type of the insulation in all of the ceilings (or the reason why this information cannot be obtained):

 
 
 
 
 

Describe the condition of the insulation in all of the ceilings (or the reason why this information cannot be obtained):

 
 
 
 
 

FLOORS

Describe the location and type of the insulation in all of the floors (or the reason why this information cannot be obtained):

 
 
 
 
 

Describe the condition of the insulation in all of the floors (or the reason why this information cannot be obtained):

 
 
 
 
 

WALLS

Describe the location and type of the insulation in all of the walls (or the reason why this information cannot be obtained):

 
 
 
 
 

Describe the condition of the insulation in all of the walls (or the reason why this information cannot be obtained):

 
 
 
 
 

_____________________
Landlord: _____________________

_____________________
Date

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