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Draft a Residential Lease Agreement for a landlord and tenant

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Residential Lease Agreement

Introduction
Parties
Premises
Term of Lease
Rent
Security Deposit
Use of Premises
Maintenance and Repairs
Utilities
Access
Insurance
Termination
Default
Governing Law
Notices
Entire Agreement
Severability
Waiver
Assignment and Subletting
Dispute Resolution
Signatures

Introduction

This Residential Lease Agreement ("Agreement") is made and entered into as of this [Date] by and between [Landlord Name], residing at [Landlord Address] ("Landlord"), and [Tenant Name], residing at [Tenant Address] ("Tenant").

Parties

Landlord: [Landlord Name]
Tenant: [Tenant Name]

Premises

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the premises located at [Address of Premises] ("Premises").

Term of Lease

The term of this Lease shall be for a period of [Number] months, commencing on [Start Date] and ending on [End Date] ("Term").

Rent

The Tenant shall pay to the Landlord monthly rent of [Amount] Kenyan Shillings ([Currency]) ("Rent").
Rent is due on the [Day] day of each month and shall be paid to the Landlord at [Location for Rent Payment].
Late payment of Rent shall be subject to a late fee of [Amount] Kenyan Shillings ([Currency]) per day.

Security Deposit

The Tenant shall pay to the Landlord a security deposit of [Amount] Kenyan Shillings ([Currency]) ("Security Deposit").
The Security Deposit shall be returned to the Tenant within [Number] days of the termination of this Lease, less any deductions for unpaid Rent, damages to the Premises beyond normal wear and tear, or other breaches of this Agreement.

Use of Premises

The Premises shall be used solely for residential purposes by the Tenant and [Number] other persons, as specified in this Agreement.
The Tenant shall not use the Premises for any illegal or unlawful purpose.
The Tenant shall not sublet the Premises or assign this Lease without the prior written consent of the Landlord.

Maintenance and Repairs

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.
The Tenant shall be responsible for all minor repairs to the Premises, including but not limited to repairs to appliances, fixtures, and furnishings.
The Tenant shall promptly notify the Landlord of any necessary repairs to the Premises.

Utilities

The Tenant shall be responsible for the payment of all utilities for the Premises, including but not limited to electricity, water, and gas.
The Landlord shall be responsible for the payment of [List of Utilities Paid by Landlord].

Access

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.
The Landlord shall provide the Tenant with reasonable notice prior to entering the Premises.

Insurance

The Tenant shall maintain renter's insurance for the Premises, with coverage of at least [Amount] Kenyan Shillings ([Currency]).
The Landlord shall maintain property insurance for the Premises, with coverage of at least [Amount] Kenyan Shillings ([Currency]).

Termination

This Lease may be terminated by either party upon [Number] days' written notice to the other party.
This Lease may be terminated by the Landlord for any breach of this Agreement by the Tenant.
This Lease may be terminated by the Tenant for any material breach of this Agreement by the Landlord.

Default

If the Tenant fails to pay Rent or any other amounts due under this Agreement, or otherwise breaches this Agreement, the Landlord may, at its option, terminate this Lease and pursue any legal remedies available to it.
If the Landlord fails to perform its obligations under this Agreement, the Tenant may, at its option, terminate this Lease and pursue any legal remedies available to it.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Notices

All notices and other communications under this Agreement 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]

Entire Agreement

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.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

Assignment and Subletting

This Lease may not be assigned or sublet by the Tenant without the prior written consent of the Landlord.

Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995.

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]

Sources:

The Constitution of Kenya, 2010: Article 41 (Right to a fair trial), Article 47 (Right to administrative action that is lawful, reasonable, and procedurally fair), Article 63 (Right to property)
The Land Act, 2012: Section 2 (Definition of "land"), Section 3 (Definition of "lease"), Section 10 (Grant of leases)
The Arbitration Act, 1995: Section 3 (Definition of "arbitration"), Section 4 (Agreement to arbitrate), Section 10 (Appointment of arbitrators)
The Law of Contract Act, 2015: Section 2 (Definition of "contract"), Section 3 (Formation of contracts), Section 10 (Capacity to contract)

Note: This is a sample Residential Lease Agreement and may not be suitable for all situations. It is recommended that you consult with a qualified legal professional to ensure that the Agreement is appropriate for your specific needs.