PRE-LEASE AGREEMENT
PROPERTY RESERVATION AND INTENT TO LEASE
This Pre-Lease Agreement (hereinafter referred to as the "Agreement") is made and entered into on this _____ day of ________________, [YEAR] ("Effective Date").
BETWEEN:
LANDLORD/OWNER ("Landlord"):
- Legal Name: ______________________________
- Entity Type (if applicable): ______________________________
- Address: ______________________________
- City, State, ZIP: ______________________________
- Phone: ______________________________
- Email: ______________________________
PROPERTY MANAGEMENT COMPANY (if applicable):
- Company Name: ______________________________
- Contact Person: ______________________________
- Address: ______________________________
- City, State, ZIP: ______________________________
- Phone: ______________________________
- Email: ______________________________
- Relationship to Owner: ______________________________
PROSPECTIVE TENANT(S) ("Tenant"):
- Name(s): ______________________________
- Current Address: ______________________________
- City, State, ZIP: ______________________________
- Phone: ______________________________
- Email: ______________________________
1. PROPERTY DETAILS
1.1 Property Address and Description
The Landlord agrees to reserve for the Tenant, and the Tenant agrees to lease from the Landlord, subject to the terms and conditions set forth in this Agreement, the residential property located at:
- Street Address: ______________________________
- Unit Number (if applicable): ______________________________
- City: ______________________________
- State: ______________________________
- ZIP Code: ______________________________
1.2 Property Specifications
The property consists of approximately ________ square feet and includes:
- Number of Bedrooms: ________
- Number of Bathrooms: ________
- Parking Spaces/Type: ________
- Storage Units/Areas: ________
1.3 Property Amenities and Features
The property includes the following amenities and features:
1.4 Property Status
The current status of the property is (select one):
2. FINANCIAL TERMS
2.1 Proposed Monthly Rent
The monthly rent for the property shall be $__________ payable on the _____ day of each month during the lease term.
2.2 Security Deposit
Upon execution of the final lease agreement, Tenant shall provide a security deposit in the amount of $__________, which shall be held in accordance with applicable state and local laws. The security deposit shall be held in a(n) [ ] interest-bearing / [ ] non-interest-bearing account at ________________ (financial institution).
2.3 Pre-Lease Deposit
Upon execution of this Agreement, Tenant shall pay a Pre-Lease Deposit in the amount of $__________, which shall be:
2.4 Additional Fees
The following additional fees shall apply:
- Application Fee: $__________ ([ ] per applicant / [ ] per application)
- Credit/Background Check Fee: $__________ ([ ] per applicant / [ ] per application)
- Pet Deposit (if applicable): $__________ ([ ] refundable / [ ] non-refundable)
- Pet Fee (if applicable): $__________ ([ ] one-time / [ ] monthly)
- Other: ______: $
3. TIMELINE AND TERM
3.1 Pre-Lease Term
This Agreement shall commence on the Effective Date and shall remain in effect until:
3.2 Expected Lease Execution Date
The parties anticipate executing the final lease agreement on or before ________________ (date).
3.3 Expected Move-In Date
The anticipated move-in date for the Tenant is ________________ (date), subject to:
3.4 Proposed Lease Term
The proposed term for the final lease agreement shall be:
4. CONDITIONS AND CONTINGENCIES
4.1 Property Completion Contingency
If the property is under construction or renovation:
(a) The Landlord shall use commercially reasonable efforts to complete all construction or renovation work by the expected completion date specified in Section 1.4.
(b) The Tenant shall have the right to inspect the property within _____ days of the Landlord's notice that construction or renovation is substantially complete.
(c) If construction or renovation is not substantially complete by ________________ (date), which is _____ days after the expected completion date, the Tenant may, at Tenant's option:
(i) Extend this Agreement for an additional period of _____ days;
(ii) Terminate this Agreement and receive a full refund of any Pre-Lease Deposit paid; or
(iii) Negotiate modified terms with the Landlord.
(d) "Substantial completion" means that the property has received a certificate of occupancy (if required by local law) and is habitable for residential purposes, even if minor cosmetic items remain to be completed.
4.2 Background Check Requirements
(a) The Tenant agrees to submit to the following background checks:
(b) The Tenant shall provide all necessary information and authorization for such checks within _____ days of the Effective Date.
(c) The Tenant represents that all information provided in connection with the application and background checks is true, accurate, and complete.
4.3 Approval Criteria
The Landlord's approval of the Tenant shall be based on the following minimum criteria:
(a) Income: Tenant's verifiable gross monthly income must be at least _____ times the monthly rent.
(b) Credit: Tenant must have a minimum credit score of _____ and no bankruptcies, evictions, or foreclosures within the past _____ years.
(c) Employment: Tenant must have stable employment with a minimum of _____ months/years at current employer or in same industry.
(d) Rental History: Tenant must have satisfactory rental references with no prior evictions or lease violations.
(e) Criminal History: Tenant must have no felony convictions within the past _____ years and no convictions for violent crimes, sexual offenses, or drug manufacturing/distribution.
(f) Other: ________________
4.4 Financing/Mortgage Contingency
If applicable, this Agreement is contingent upon:
5. LEGAL PROVISIONS
5.1 Binding Nature
(a) This Agreement constitutes a legally binding contract between the parties with respect to the reservation of the property and the parties' intent to enter into a final lease agreement.
(b) The parties acknowledge and agree that this Agreement does not constitute a lease and does not grant the Tenant any right to occupy or possess the property until execution of the final lease agreement.
(c) The parties agree to negotiate in good faith toward the execution of a final lease agreement consistent with the terms outlined in this Agreement.
5.2 Termination Conditions
This Agreement may be terminated under the following circumstances:
(a) By mutual written agreement of the parties.
(b) By the Landlord, if:
(i) The Tenant fails to provide required information or authorization for background checks within the time specified in Section 4.2(b);
(ii) The Tenant fails to meet the approval criteria specified in Section 4.3;
(iii) The Tenant provides false or misleading information in connection with the application or background checks;
(iv) The Tenant fails to pay the Pre-Lease Deposit or any other required fees within _____ days of the due date; or
(v) The Tenant breaches any other material term of this Agreement.
(c) By the Tenant, if:
(i) The property is not substantially complete by the date specified in Section 4.1(c);
(ii) The Landlord breaches any material term of this Agreement;
(iii) The Tenant experiences an involuntary job loss, serious illness, or other significant hardship that materially affects the Tenant's ability to fulfill the obligations under this Agreement or the anticipated final lease agreement; or
(iv) The Tenant provides written notice of termination within _____ days of the Effective Date and forfeits $__________ of the Pre-Lease Deposit as liquidated damages.
(d) Automatically, if:
(i) The property is destroyed or rendered uninhabitable by fire, flood, or other casualty;
(ii) The property is condemned or taken by eminent domain; or
(iii) The parties fail to execute a final lease agreement by the date specified in Section 3.2, unless extended by mutual written agreement.
5.3 Default and Remedies
(a) Landlord's Default: If the Landlord fails to fulfill any obligation under this Agreement, and such failure continues for _____ days after written notice from the Tenant, the Tenant may:
(i) Terminate this Agreement and receive a full refund of any Pre-Lease Deposit and other fees paid;
(ii) Seek specific performance of the Landlord's obligations; and/or
(iii) Pursue any other remedies available at law or in equity.
(b) Tenant's Default: If the Tenant fails to fulfill any obligation under this Agreement, and such failure continues for _____ days after written notice from the Landlord, the Landlord may:
(i) Terminate this Agreement and retain all or a portion of the Pre-Lease Deposit as liquidated damages;
(ii) Proceed with the final lease agreement and enforce its terms against the Tenant; and/or
(iii) Pursue any other remedies available at law or in equity.
(c) Liquidated Damages: The parties acknowledge that the actual damages resulting from a breach of this Agreement would be difficult to ascertain with precision and agree that the retention of all or a portion of the Pre-Lease Deposit as liquidated damages represents a reasonable estimate of the Landlord's damages in the event of the Tenant's default.
5.4 Dispute Resolution
(a) Negotiation: In the event of any dispute arising out of or relating to this Agreement, the parties shall first attempt to resolve the dispute through good-faith negotiation.
(b) Mediation: If negotiation fails to resolve the dispute within _____ days, the parties agree to submit the dispute to mediation before a mutually acceptable mediator in accordance with the mediation rules of ________________ (mediation service/organization).
(c) Arbitration: If mediation fails to resolve the dispute within _____ days after the appointment of a mediator, the parties agree to submit the dispute to binding arbitration before a single arbitrator in accordance with the rules of ________________ (arbitration service/organization). The arbitrator's decision shall be final and binding on the parties.
(d) Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending resolution of the dispute through negotiation, mediation, or arbitration.
(e) Costs: The parties shall equally share the costs of mediation and arbitration, except that each party shall bear its own attorneys' fees and expenses.
5.5 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of ________________, without giving effect to any choice of law or conflict of law provisions. The parties consent to the exclusive jurisdiction of the state and federal courts located in ________________ County, ________________ (State) for any legal proceedings arising out of or relating to this Agreement.
6. FUTURE LEASE TERMS
6.1 Pet Policy
The final lease agreement shall include the following pet policy:
6.2 Maintenance Responsibilities
The final lease agreement shall allocate maintenance responsibilities as follows:
(a) Landlord shall be responsible for:
- Structural components (roof, foundation, exterior walls)
- Electrical, plumbing, and HVAC systems
- Common areas (if applicable)
- Compliance with building and housing codes
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(b) Tenant shall be responsible for:
- Routine cleaning and sanitation
- Changing light bulbs and HVAC filters
- Lawn care and landscaping (unless provided by Landlord)
- Prompt reporting of maintenance issues
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6.3 Utilities and Services
The final lease agreement shall allocate responsibility for utilities and services as follows:
| Utility/Service | Responsibility (Landlord/Tenant) |
|---|
| Electricity | ________________ |
| Gas | ________________ |
| Water | ________________ |
| Sewer | ________________ |
| Trash | ________________ |
| Recycling | ________________ |
| Internet | ________________ |
| Cable/Satellite | ________________ |
| Lawn Care | ________________ |
| Snow Removal | ________________ |
| Pest Control | ________________ |
| Other: _______ | ________________ |
6.4 Alterations and Improvements
The final lease agreement shall include the following provisions regarding alterations and improvements:
(a) Tenant shall not make any structural alterations, additions, or improvements without Landlord's prior written consent.
(b) Tenant may make the following non-structural alterations without Landlord's consent:
(c) Any approved alterations or improvements shall:
6.5 Occupancy Limits
The maximum number of occupants permitted in the property shall be _____ persons, consisting of _____ adults and _____ children under the age of 18. Any change in occupancy must be approved in writing by the Landlord.
6.6 Renewal Options
The final lease agreement shall include the following renewal provisions:
(a) Tenant shall have the option to renew the lease for _____ additional term(s) of _____ months each.
(b) To exercise the renewal option, Tenant must provide written notice to Landlord at least _____ days before the expiration of the current term.
(c) Upon renewal, the monthly rent may be increased by:
7. LEGAL DISCLOSURES
7.1 Lead-Based Paint Disclosure
[ ] The property was built before 1978 and may contain lead-based paint. Landlord shall provide Tenant with a lead-based paint disclosure form and the EPA-approved pamphlet "Protect Your Family from Lead in Your Home" prior to the execution of the final lease agreement.
[ ] The property was built in or after 1978 and is not subject to lead-based paint disclosure requirements.
7.2 Property Condition Disclosure
(a) Known Defects: Landlord discloses the following known defects or conditions that may affect the property:
(b) Environmental Hazards: Landlord discloses the following known environmental hazards affecting the property:
(c) Prior Flooding/Water Damage: [ ] Yes / [ ] No
If yes, describe: ________________
(d) Mold: [ ] Yes / [ ] No
If yes, describe: ________________
(e) Pest Infestations: [ ] Yes / [ ] No
If yes, describe: ________________
(f) Other Material Facts: ________________
7.3 Additional Required Disclosures
The following additional disclosures are required by state or local law:
(a) ________________ Disclosure: ________________
(b) ________________ Disclosure: ________________
(c) ________________ Disclosure: ________________
8. MISCELLANEOUS PROVISIONS
8.1 Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations, discussions, agreements, and understandings, whether oral or written. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
8.2 Severability
If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties' original intent and economic expectations. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.
8.3 No Assignment
Neither party may assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed.
8.4 Notices
All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when:
(a) Delivered personally;
(b) Sent by email or other electronic transmission, with confirmation of receipt;
(c) Sent by certified mail, return receipt requested, postage prepaid; or
(d) Sent by a nationally recognized overnight courier service, with confirmation of receipt.
Such communications shall be sent to the respective parties at the addresses set forth in the preamble to this Agreement or to such other address as either party may specify in writing.
8.5 Counterparts and Electronic Signatures
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures, including signatures transmitted by email or other electronic means, shall be deemed original signatures for all purposes.
8.6 No Waiver
No failure or delay by either party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
8.7 Relationship of Parties
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between the parties. Neither party shall have the authority to bind the other party or make representations on behalf of the other party without prior written consent.
8.8 Time is of the Essence
Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.
8.9 Survival
Any provision of this Agreement that, by its nature, would survive termination or expiration of this Agreement shall so survive, including, without limitation, Sections 5.3, 5.4, 5.5, and 8.
8.10 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including, without limitation, acts of God, natural disasters, fire, flood, epidemic, pandemic, quarantine restrictions, war, terrorism, civil unrest, labor disputes, utility failures, or governmental actions. The affected party shall promptly notify the other party of the force majeure event and use commercially reasonable efforts to minimize the impact of such event.
9. SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Pre-Lease Agreement as of the Effective Date first written above.
LANDLORD/OWNER:
Signature: ______________________________
Print Name: ______________________________
Title (if applicable): ______________________________
Date: ______________________________
PROPERTY MANAGEMENT COMPANY (if applicable):
Signature: ______________________________
Print Name: ______________________________
Title: ______________________________
Date: ______________________________
TENANT(S):
Signature: ______________________________
Print Name: ______________________________
Date: ______________________________
Signature: ______________________________
Print Name: ______________________________
Date: ______________________________