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Residential Lease Agreement
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RESIDENTIAL LEASE AGREEMENT

Commonwealth of Pennsylvania

[// GUIDANCE: This template is drafted to comply with the Pennsylvania Landlord and Tenant Act of 1951, 68 Pa. Stat. §§ 250.101 et seq., and related state housing regulations. All bracketed placeholders MUST be completed before execution.]


TABLE OF CONTENTS

  1. Article I – Document Header
  2. Article II – Definitions
  3. Article III – Operative Provisions
  4. Article IV – Representations & Warranties
  5. Article V – Covenants & Restrictions
  6. Article VI – Default & Remedies
  7. Article VII – Risk Allocation
  8. Article VIII – Dispute Resolution
  9. Article IX – General Provisions
  10. Article X – Execution Block

ARTICLE I

DOCUMENT HEADER

1.1 Parties.
This Residential Lease Agreement (“Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

a. [LANDLORD LEGAL NAME], a [ENTITY TYPE | individual] having a mailing address of [LANDLORD ADDRESS] (“Landlord”); and

b. [TENANT LEGAL NAME], [individual(s) | entity] having a current address of [TENANT ADDRESS] (“Tenant,” and together with Landlord, each a “Party” and collectively the “Parties”).

1.2 Recitals.
A. Landlord is the fee simple owner of the residential real property and improvements commonly known as [PROPERTY ADDRESS] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord desires to lease the same to Tenant, upon the terms and conditions set forth herein, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.
C. The Parties intend that this Agreement be construed and enforced in accordance with the Pennsylvania Landlord and Tenant Act of 1951, as amended (the “Act”).

NOW, THEREFORE, in reliance upon the foregoing Recitals, which are incorporated herein, the Parties agree as follows:


ARTICLE II

DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below. All references to Articles and Sections are to this Agreement unless otherwise specified.

“Additional Rent” – Any monetary obligation other than Base Rent payable by Tenant under this Agreement.

“Base Rent” – The fixed monthly rent due pursuant to Section 3.3.

“Business Day” – Any day other than Saturday, Sunday, or a Pennsylvania state-recognized holiday.

“Commencement Date” – The date identified in Section 3.2 upon which the Term begins.

“Hazardous Materials” – Any substance regulated under federal or Pennsylvania environmental laws.

“Lease Term” or “Term” – The period beginning on the Commencement Date and ending on the Expiration Date, as defined in Section 3.2.

“Premises” – The real property described in Recital A, together with all appurtenances thereto, but excluding Excluded Areas (if any) identified in Section 3.1(d).

“Security Deposit” – The amount described in Section 3.4, held and maintained strictly in accordance with 68 Pa. Stat. §§ 250.511a–250.512.

[// GUIDANCE: Add any additional defined terms that the Parties require; keep alphabetical order.]


ARTICLE III

OPERATIVE PROVISIONS

3.1 Lease Grant.
a. Landlord hereby leases the Premises to Tenant, and Tenant hereby takes the Premises from Landlord, for the Term and upon the covenants and conditions herein.
b. Use. Tenant shall use the Premises solely for residential purposes by no more than [MAX OCCUPANTS] lawful occupants and for no other purpose without Landlord’s prior written consent.
c. Pets. [PERMITTED | PROHIBITED] subject to Section 5.4.
d. Excluded Areas. [IF NONE, STATE “None.”]

3.2 Term; Renewal.
a. Commencement Date: [DATE]
b. Expiration Date: [DATE]
c. Automatic Renewal: [YES/NO]; if “Yes,” the Term shall automatically renew for successive [RENEWAL PERIOD] terms unless either Party provides written notice of non-renewal at least [90] days prior to the then-current Expiration Date.

3.3 Rent.
a. Base Rent: $[AMOUNT] per month, payable in advance on or before the first (1st) calendar day of each month.
b. Late Charge: [PERCENT]% of overdue amount or $[AMOUNT], whichever is greater, imposed if Rent is not received by the fifth (5th) calendar day of the month.
c. Method of Payment: [EFT/Check/Online Portal] to [PAYEE] at [PAYMENT ADDRESS/PORTAL LINK].

3.4 Security Deposit.
a. Amount. Tenant shall deposit with Landlord the sum of $[AMOUNT NOT EXCEEDING TWO (2) MONTHS’ BASE RENT] (the “Security Deposit”) upon execution.
b. Statutory Compliance. Landlord shall hold the Security Deposit in an escrow account at a federally or state-regulated financial institution located within Pennsylvania and provide Tenant written notice of the name and address of such institution within thirty (30) days of receipt, in accordance with 68 Pa. Stat. § 250.511b(a).
c. Interest. Commencing with the third anniversary of the Commencement Date, Landlord shall annually credit or pay Tenant all interest earned on the Security Deposit, less a one percent (1%) administrative fee, as permitted by 68 Pa. Stat. § 250.511b(b).
d. Return & Deductions. Within thirty (30) days after Tenant delivers possession, Landlord shall return the Security Deposit, less lawful deductions for (i) unpaid Rent, and (ii) actual damages beyond ordinary wear and tear, accompanied by an itemized written list, all pursuant to 68 Pa. Stat. § 250.512.
e. Liability Cap. Tenant’s aggregate liability for damages to the Premises, ordinary wear and tear excepted, shall not exceed the Security Deposit amount; provided, however, that this cap shall not limit Tenant’s liability for (i) unpaid Rent, (ii) willful misconduct, or (iii) indemnification obligations in Article VII.

3.5 Utilities. Tenant shall timely pay all charges for [ELECTRICITY, GAS, WATER, SEWER, TRASH, INTERNET, OTHER] unless expressly stated otherwise herein.

3.6 Condition Precedent – Lead-Based Paint. For Premises constructed prior to 1978, the fully executed EPA “Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards” form is an express condition precedent to Landlord’s obligations hereunder.


ARTICLE IV

REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each Party represents and warrants that:
a. Authority. It has full power and legal right to enter into and perform this Agreement.
b. Enforceability. Upon execution, this Agreement constitutes a valid and binding obligation enforceable against such Party in accordance with its terms.

4.2 Landlord Representations. Landlord further represents that:
a. Ownership. Landlord holds clear title to the Premises, free and clear of liens adversely affecting Tenant’s rights hereunder.
b. Habitability. As of the Commencement Date, the Premises will comply with all applicable building, housing, and health codes, and will be fit for human habitation as required by Pennsylvania law.
c. Habitability Survival. The warranty of habitability shall survive delivery of possession and remain in effect throughout the Term.

4.3 Tenant Representations. Tenant further represents that:
a. No Hazardous Materials. Tenant will not introduce Hazardous Materials onto the Premises except household products customarily used in residential dwellings and in compliance with law.
b. Accuracy of Application. All information provided in Tenant’s rental application is true, correct, and complete in all material respects.

[// GUIDANCE: Attach any disclosure schedules (e.g., HOA rules) as exhibits and cross-reference here.]


ARTICLE V

COVENANTS & RESTRICTIONS

5.1 Maintenance.
a. Landlord’s Obligations. Landlord shall: (i) maintain in good repair and proper working order all major building systems, structural components, roofs, plumbing, and electrical systems; (ii) provide extermination services where necessary; and (iii) make all repairs required by the Act or any applicable code.
b. Tenant’s Obligations. Tenant shall: (i) keep the Premises in a clean, sanitary, and safe condition; (ii) promptly notify Landlord in writing of any defective or dangerous condition; and (iii) be responsible for damages caused by Tenant or Tenant’s invitees, guests, or pets.

5.2 Alterations. Tenant shall not make any alterations, improvements, or additions without Landlord’s prior written consent, which may be conditioned upon restoration at Landlord’s option.

5.3 Access. Landlord may enter the Premises upon at least twenty-four (24) hours’ prior notice (except in emergencies) to inspect, repair, or show the Premises, consistent with Pennsylvania common law.

5.4 Pets. [PET POLICY DETAILS OR “NO PETS PERMITTED.”] All permitted pets must be licensed, vaccinated, and kept in accordance with local ordinances. Additional [PET DEPOSIT/FEES] may apply.

5.5 Quiet Enjoyment. Provided Tenant complies with this Agreement, Tenant shall peacefully and quietly hold and enjoy the Premises for the Term without hindrance by Landlord or persons lawfully claiming through Landlord.

5.6 No Illegal Activity. Tenant shall not engage in, allow, or facilitate any activity that violates federal, state, or local law, including controlled substance offenses under 35 P.S. § 780-101 et seq.


ARTICLE VI

DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes a “Default”:
a. Monetary. Failure to pay any Rent when due and such failure continues for ten (10) days after Landlord provides written notice.
b. Non-Monetary. Violation of any covenant herein (other than failure to pay Rent) which remains uncured fifteen (15) days (for occupancy <1 year) or thirty (30) days (for occupancy ≥1 year) after Landlord’s written notice, consistent with 68 Pa. Stat. § 250.501(b).
c. Abandonment. Tenant vacates the Premises prior to the Expiration Date without written consent.

6.2 Remedies. Upon Default, Landlord may, subject to statutory notice requirements:
a. Accelerate Rent. Declare the entire balance of Rent immediately due and payable.
b. Recover Possession. Initiate eviction (ejectment) proceedings before the appropriate magisterial district judge or state housing court.
c. Monetary Judgment. Seek judgment for unpaid Rent, late charges, court costs, and reasonable attorneys’ fees actually incurred.
d. Mitigation. Landlord shall make reasonable efforts to mitigate damages by re-letting the Premises.
e. Cumulative Rights. All remedies are cumulative and not exclusive.

6.3 Tenant Remedies. If Landlord materially breaches and fails to cure within reasonable time after notice, Tenant may exercise any remedy available at law or in equity, including rent abatement consistent with the implied warranty of habitability.


ARTICLE VII

RISK ALLOCATION

7.1 Indemnification. Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against all claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising from Tenant’s use or occupancy of the Premises, except to the extent caused by Landlord’s gross negligence or willful misconduct (“Tenant Use Indemnity”).

7.2 Limitation of Liability. Except for (i) Landlord’s gross negligence or willful misconduct and (ii) breaches of the warranty of habitability, Landlord’s total liability under this Agreement shall not exceed the Security Deposit.

7.3 Insurance. Tenant shall maintain renters’ liability insurance in the minimum amount of $[AMOUNT] per occurrence naming Landlord as additional insured and provide evidence thereof prior to occupancy.

7.4 Force Majeure. Neither Party shall be liable for failure to perform due to events beyond its reasonable control, including fire, flood, acts of God, or governmental action, provided that the affected Party gives prompt written notice and uses diligent efforts to resume performance.


ARTICLE VIII

DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles.

8.2 Forum Selection. All actions arising out of or relating to this Agreement shall be brought exclusively in the [COUNTY] division of the Pennsylvania Court of Common Pleas, Housing Court Section, or any successor forum (“State Housing Court”).

8.3 Arbitration. The Parties expressly exclude mandatory arbitration; none of the disputes hereunder shall be subject to arbitration.

8.4 Jury Trial. Nothing herein shall constitute a waiver of any Party’s constitutional right to a jury trial.

8.5 Injunctive Relief. In addition to any other remedies, either Party may seek injunctive relief, including but not limited to eviction-related relief, to prevent or curtail continuing violations of this Agreement.


ARTICLE IX

GENERAL PROVISIONS

9.1 Amendments; Waivers. No amendment or waiver of any provision shall be effective unless in a written instrument signed by the Party against whom enforcement is sought. A waiver of any breach shall not be construed as a waiver of any subsequent breach.

9.2 Assignment; Subletting. Tenant shall not assign this Agreement or sublet the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld. Any unauthorized assignment or sublease is void and constitutes a Default.

9.3 Successors & Assigns. This Agreement shall bind and inure to the benefit of the Parties and their respective heirs, successors, legal representatives, and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be deemed modified to the minimum extent necessary to render it valid.

9.5 Entire Agreement. This Agreement, along with all exhibits and addenda, constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous understandings.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which constitutes an original, and all of which constitute one document. Signatures delivered by electronic means (e.g., PDF, DocuSign) shall be deemed originals.

9.7 Notices. All notices required or permitted under this Agreement shall be in writing and deemed given when (i) delivered personally, (ii) sent by certified mail, return receipt requested, postage prepaid, or (iii) delivered by nationally recognized overnight courier, to the addresses set forth in Section 1.1, or such other address as a Party may designate by notice.


ARTICLE X

EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

Landlord Tenant
_________ _________
Name: [NAME] Name: [NAME]
Title (if entity): [TITLE] Title (if entity): [TITLE]
Date: _________ Date: _________

[Optional Notary Acknowledgment Block per 42 Pa.C.S. § 313.]


EXHIBIT A

Lead-Based Paint Disclosure (if applicable)

EXHIBIT B

Rules & Regulations

EXHIBIT C

Move-In Condition Checklist

[// GUIDANCE: Pennsylvania law encourages (but does not require) a move-in checklist; best practice is to attach and complete Exhibit C to reduce security-deposit disputes.]


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