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Draft a Residential Lease Agreement for a landlord and tenant
Residential Lease Agreement
This Residential Lease Agreement (the "Agreement") is made and entered into as of [Date] by and between [Landlord Full Name], residing at [Landlord Address] (the "Landlord"), and [Tenant Full Name], residing at [Tenant Address] (the "Tenant").
1. Premises
1.1. The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the residential premises located at [Address of Premises] (the "Premises").
1.2. The Premises consist of [Description of Premises, e.g., a three-bedroom house with a kitchen, living room, bathroom, and a backyard].
2. Term
2.1. The term of this Agreement shall be for a period of [Number] months, commencing on [Start Date] and ending on [End Date] (the "Term").
2.2. This Agreement may be renewed for an additional [Number] months upon the mutual written consent of both parties.
3. Rent
3.1. The Tenant shall pay to the Landlord monthly rent of [Amount] Kenyan Shillings ([Amount in Words]) (the "Rent").
3.2. The Rent shall be payable on the [Day] day of each month, in advance, at [Location of Payment].
3.3. The Landlord may, upon written notice to the Tenant, increase the Rent at the end of each [Number] month period.
3.4. The Tenant shall be responsible for all utility charges, including but not limited to water, electricity, and gas, unless otherwise specified in this Agreement.
4. Security Deposit
4.1. The Tenant shall pay to the Landlord a security deposit of [Amount] Kenyan Shillings ([Amount in Words]) (the "Security Deposit").
4.2. The Security Deposit shall be returned to the Tenant within [Number] days of the termination of this Agreement, less any deductions for unpaid Rent, damages to the Premises, or other breaches of this Agreement.
5. Use of Premises
5.1. The Premises shall be used solely for residential purposes by the Tenant and [Number] other persons, including [Names of Other Persons].
5.2. The Tenant shall not use the Premises for any commercial or illegal purposes.
5.3. The Tenant shall not sublet the Premises or assign this Agreement without the prior written consent of the Landlord.
6. Maintenance and Repairs
6.1. The Landlord shall be responsible for all major repairs to the Premises, including but not limited to repairs to the roof, plumbing, electrical system, and structural components.
6.2. The Tenant shall be responsible for all minor repairs to the Premises, including but not limited to repairs to appliances, fixtures, and furnishings.
6.3. The Tenant shall promptly notify the Landlord of any necessary repairs to the Premises.
7. Access
7.1. The Landlord shall have the right to enter the Premises at reasonable times for the purpose of making repairs, showing the Premises to prospective tenants, or for other legitimate purposes.
7.2. The Landlord shall provide the Tenant with reasonable notice of any such entry.
8. Termination
8.1. This Agreement may be terminated by either party upon [Number] days' written notice to the other party.
8.2. This Agreement may be terminated by the Landlord for any of the following reasons:
Non-payment of Rent;
Breach of any of the terms and conditions of this Agreement;
Use of the Premises for any illegal or unauthorized purpose;
Damage to the Premises beyond normal wear and tear;
Subletting or assigning the Premises without the Landlord's consent.
8.3. This Agreement may be terminated by the Tenant for any of the following reasons:
Failure of the Landlord to make necessary repairs to the Premises;
Breach of any of the terms and conditions of this Agreement by the Landlord.
9. Default
9.1. If the Tenant defaults on any of the terms and conditions of this Agreement, the Landlord may, at its option, terminate this Agreement and pursue any legal remedies available to it.
9.2. If the Landlord defaults on any of the terms and conditions of this Agreement, the Tenant may, at its option, terminate this Agreement and pursue any legal remedies available to it.
10. Governing Law
10.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
11. Entire Agreement
11.1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
12. Waiver
12.1. No waiver by either party of any breach of any provision of this Agreement shall be deemed a waiver of any subsequent breach of the same or any other provision.
13. Severability
13.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
14. Notices
14.1. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:
If to the Landlord: [Landlord Address]
If to the Tenant: [Tenant Address]
15. Binding Effect
15.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
16. Arbitration
16.1. Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995.
17. Attorney's Fees
17.1. In the event of any legal action or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.
18. Signatures
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Landlord:
[Landlord Signature]
[Landlord Printed Name]
Tenant:
[Tenant Signature]
[Tenant Printed Name]
Table of Contents
Premises
Term
Rent
Security Deposit
Use of Premises
Maintenance and Repairs
Access
Termination
Default
Governing Law
Entire Agreement
Waiver
Severability
Notices
Binding Effect
Arbitration
Attorney's Fees
Signatures
TLDR
This Residential Lease Agreement outlines the terms and conditions of a lease between a Landlord and a Tenant for a residential property in Kenya. It covers aspects such as the term of the lease, rent payment, security deposit, use of the premises, maintenance and repairs, termination, default, governing law, and dispute resolution.
Conclusion
This Residential Lease Agreement is a legally binding document that outlines the rights and obligations of both the Landlord and the Tenant. It is important for both parties to carefully review the Agreement and ensure that they understand its terms and conditions.
Sources
Case Laws
[Case Name] - This case is relevant because it deals with [Reason for Relevance]. The parties involved were [Parties Involved]. The outcome of the case was [Outcome of the Case]. (Source: [Link to Case Law])
[Case Name] - This case is relevant because it deals with [Reason for Relevance]. The parties involved were [Parties Involved]. The outcome of the case was [Outcome of the Case]. (Source: [Link to Case Law])
[Case Name] - This case is relevant because it deals with [Reason for Relevance]. The parties involved were [Parties Involved]. The outcome of the case was [Outcome of the Case]. (Source: [Link to Case Law])
Sample Residential Lease Agreement
This Residential Lease Agreement (the "Agreement") is made and entered into as of [Date] by and between [Landlord Full Name], residing at [Landlord Address] (the "Landlord"), and [Tenant Full Name], residing at [Tenant Address] (the "Tenant").
1. Premises
1.1. The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the residential premises located at [Address of Premises] (the "Premises").
1.2. The Premises consist of [Description of Premises, e.g., a three-bedroom house with a kitchen, living room, bathroom, and a backyard].
2. Term
2.1. The term of this Agreement shall be for a period of [Number] months, commencing on [Start Date] and ending on [End Date] (the "Term").
2.2. This Agreement may be renewed for an additional [Number] months upon the mutual written consent of both parties.
3. Rent
3.1. The Tenant shall pay to the Landlord monthly rent of [Amount] Kenyan Shillings ([Amount in Words]) (the "Rent").
3.2. The Rent shall be payable on the [Day] day of each month, in advance, at [Location of Payment].
3.3. The Landlord may, upon written notice to the Tenant, increase the Rent at the end of each [Number] month period.
3.4. The Tenant shall be responsible for all utility charges, including but not limited to water, electricity, and gas, unless otherwise specified in this Agreement.
4. Security Deposit
4.1. The Tenant shall pay to the Landlord a security deposit of [Amount] Kenyan Shillings ([Amount in Words]) (the "Security Deposit").
4.2. The Security Deposit shall be returned to the Tenant within [Number] days of the termination of this Agreement, less any deductions for unpaid Rent, damages to the Premises, or other breaches of this Agreement.
5. Use of Premises
5.1. The Premises shall be used solely for residential purposes by the Tenant and [Number] other persons, including [Names of Other Persons].
5.2. The Tenant shall not use the Premises for any commercial or illegal purposes.
5.3. The Tenant shall not sublet the Premises or assign this Agreement without the prior written consent of the Landlord.
6. Maintenance and Repairs
6.1. The Landlord shall be responsible for all major repairs to the Premises, including but not limited to repairs to the roof, plumbing, electrical system, and structural components.
6.2. The Tenant shall be responsible for all minor repairs to the Premises, including but not limited to repairs to appliances, fixtures, and furnishings.
6.3. The Tenant shall promptly notify the Landlord of any necessary repairs to the Premises.
7. Access
7.1. The Landlord shall have the right to enter the Premises at reasonable times for the purpose of making repairs, showing the Premises to prospective tenants, or for other legitimate purposes.
7.2. The Landlord shall provide the Tenant with reasonable notice of any such entry.
8. Termination
8.1. This Agreement may be terminated by either party upon [Number] days' written notice to the other party.
8.2. This Agreement may be terminated by the Landlord for any of the following reasons:
Non-payment of Rent;
Breach of any of the terms and conditions of this Agreement;
Use of the Premises for any illegal or unauthorized purpose;
Damage to the Premises beyond normal wear and tear;
Subletting or assigning the Premises without the Landlord's consent.
8.3. This Agreement may be terminated by the Tenant for any of the following reasons:
Failure of the Landlord to make necessary repairs to the Premises;
Breach of any of the terms and conditions of this Agreement by the Landlord.
9. Default
9.1. If the Tenant defaults on any of the terms and conditions of this Agreement, the Landlord may, at its option, terminate this Agreement and pursue any legal remedies available to it.
9.2. If the Landlord defaults on any of the terms and conditions of this Agreement, the Tenant may, at its option, terminate this Agreement and pursue any legal remedies available to it.
10. Governing Law
10.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
11. Entire Agreement
11.1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
12. Waiver
12.1. No waiver by either party of any breach of any provision of this Agreement shall be deemed a waiver of any subsequent breach of the same or any other provision.
13. Severability
13.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
14. Notices
14.1. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:
If to the Landlord: [Landlord Address]
If to the Tenant: [Tenant Address]
15. Binding Effect
15.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
16. Arbitration
16.1. Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995.
17. Attorney's Fees
17.1. In the event of any legal action or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.
18. Signatures
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Landlord:
[Landlord Signature]
[Landlord Printed Name]
Tenant:
[Tenant Signature]
[Tenant Printed Name]
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