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RECTORY LEASE AGREEMENT
--- For Residential Use ---
This Lease Agreement is made on _____________________ (MM DD, YYYY)
BETWEEN
Name of Church: ______________________
whose address is
__________________________________________________________________
Street Address, City, New Jersey Zip Code
referred to as the "Landlord,"
AND
__________________________________________________________________
Name of Tenant
whose address is
__________________________________________________________________
Street Address, City, New Jersey Zip Code
referred to as the "Tenant."
1. Premises. The Landlord does hereby lease to the Tenant and the Tenant does hereby rent from the Landlord, the
following described premises:
The property known as The Rectory of (name of church) located at Street Address, City, New Jersey Zip Code.
2. Term. This Lease is for a term of X (numeric qualifier) year(s) commencing on _________ (MM DD, YYYY), and
ending on _____________ (MM DD, YYYY).
3. Use. The Premises are to be used and occupied only and for no purpose other than a single family residence
for the following persons: Only Tenant signing this Lease and the spouse and children of that Tenant may live
in the Property. The Tenant will not, and will not allow others, to occupy or use the Premises or any part thereof
for any purposes other than as specified in this Paragraph 3, nor for any business or professional purpose or any
purpose deemed unlawful, disreputable, or extra hazardous, on account of fire or other casualty.
4. Rent. The Tenant agrees to pay rent at the rate of $___________ per month, due on the First day of each month.
The first payment of rent and any security deposit is due upon the signing of the Lease by the Tenant. The Tenant
must pay a late charge of $120.00 as additional rent for each payment that is more than ten (10) days late. This
late charge is due with the monthly rent payment. Tenant is responsible for any and all bank charges incurred
by the Landlord for dishonored checks by the Tenant for any reason including but not limited to insufficient funds,
uncollected funds, or account closed. Landlord reserves the right to file for eviction of Tenant and collection
including but not limited to any and all bank charges, late fees, back rent, filing fees and attorney costs. If
the Tenant does not pay the rent within 60 days after it is due, the Tenant will be considered to be in default
of the Lease and may be evicted consistent with the terms outlined in sections 21 and 22.
5. Additional Rent. If the Tenant fails to comply with any agreement in this Lease, the Landlord may do so on
behalf of the Tenant. The Landlord may charge the cost to comply to the Tenant as "additional rent."
This includes reasonable attorney's fees incurred by the Landlord as a result of the Tenant's violation of any
Lease agreement. The additional rent shall be due and payable as a rent with the next monthly rent payment. Nonpayment
of additional rent gives the Landlord the same rights against the Tenant as if the Tenant failed to pay their rent.
6. Security Deposit. The Tenant has made a security deposit of $_________ with the Landlord as security that the
Tenant will comply with all the terms of this lease. If the Tenant complies with the terms of this Lease, the
Landlord will return this deposit within thirty (30) days after the end of the Lease, including any extension.
The Landlord may use as much of the deposit necessary to pay for damages resulting from the Tenant's occupancy.
If this occurs prior to the Lease termination, the Landlord may demand that the Tenant replace the amount of the
security deposit used by the Landlord. Interest on the Security belongs to the Tenant less Landlord's administration
expense allowed by law. Security deposit is not being applied against the last rental period. All damages, cleaning
services, late charges, utility fees and/or expenses not paid to date will be netted out against the security deposit.
7. Repairs and Care. The Tenant has examined the premises and has entered into this Lease without any representation
on the part of the Landlord as to the condition thereof. The Tenant shall take good care of the premises and shall
at the Tenant's own cost and expense, make all repairs, including painting, decorating, and shall maintain the
premises in good condition and state of repair, and at the end or other expiration of the term hereof, shall deliver
up the rented premises in good order and condition, wear and tear from a reasonable use thereof, and damage by
the elements not resulting from the neglect or fault of the Tenant, excepted. The Tenant shall neither encumber
nor obstruct the sidewalks, walkways, driveways, yards, entrances, hallways and stairs, but shall keep and maintain
the same in a clean condition, free from debris, trash, refuse, snow and ice. All repairs in excess of $______
shall be approved by the Landlord. The Tenant shall be responsible for all operating expenses for the subject
property together with all utilities (including water and sewer) and operating costs, costs of snow removal, lawn
care, cleaning and maintenance. The Landlord is not liable for any stoppage or reduction of services beyond the
Landlord's control. This does not excuse the Tenant from paying rent.
If the Tenant leaves any property in the Property, the Landlord may:
a. Dispose of it and charge the Tenant for the cost of disposal, or
b. Keep it as abandoned Property.
The Tenant shall:
a. Be liable for the cost of repairing all damage caused by the Tenant's act or neglect. This includes damage
caused by the Tenant's family and domestic employees.
b. Promptly notify the Landlord of conditions that need repair.
c. Take good care of the Property and all equipment and fixtures in it.
d. Obey any written instructions of the Landlord for the care and use of the appliances, equipment and other personal
property in the Property.
e. Keep the Property and any other part of the building used by the Tenant as clean and safe as possible.
f. Remove from the Property all garbage and debris and place in covered pails.
g. Use all electric, plumbing and other facilities safely.
h. Do nothing to cause a cancellation or an increase in the cost of Landlord's fire or liability insurance.
i. Use no more electricity than the wiring to the Property or feeders to the building can safely carry.
j. Do nothing to destroy, deface, damage, or remove any part of the Property or building.
k. Keep nothing flammable or dangerous in the Property.
l. Do nothing to destroy the peace and quiet of the Landlord, other tenants, or persons in the neighborhood.
m. The Tenant will remove all of the Tenant's property at the end of the Lease.
8. Alterations and Improvements. No alterations, additions or improvements shall be made, and no climate regulating,
air conditioning, cooling, heating or sprinkler systems, television or radio antennas, heavy equipment, apparatus
and fixtures, shall be installed in or attached to the leased premises, without the written consent of the Landlord.
Unless otherwise provided herein, all such alterations, additions or improvements when made, installed in or attached
to the said premises, shall belong to and become the properties of the Landlord and shall be surrendered with the
premises and as part thereof upon the expiration or sooner termination of this Lease, without hindrance, molestation
or injury. All changes or additions made without the Landlord's written consent shall be removed by the Tenant
on demand.
9. Signs. The Tenant shall not place nor allow to be placed any signs, upon, in or about the said premises, except
as may be consented to by the Landlord in writing, which consent shall not be unreasonably withheld. Any signs
permitted by Landlord shall at all times conform with all municipal ordinances or other laws and regulations applicable
thereto.
10. Compliance with Laws etc. The Tenant shall promptly comply with all laws, ordinances, rules, regulations,
requirements and directives of all Governmental or Public Authorities and of all their subdivisions, applicable
to and affecting the said premises, their use and occupancy, and shall promptly comply with all orders, regulations,
requirements and directives of the Board of Fire Underwriters or similar authority and of any insurance companies
which have issued or are about to issue policies of insurance covering the said premises and its contents, for
the prevention of fire or other casualty, damage or injury, at the Tenant's own cost and expense. Tenant shall
be responsible for the installation and maintenance of all smoke alarms, fire alarms, extinguishers as required
by local and state fire codes and insurance regulations.
11. Assignment and Subleasing. The Tenant may not, without the written consent of the Bishop, Standing Committee
and the Landlord, assign, mortgage or hypothecate this Lease.
12. Liability Insurance. The Tenant, at Tenant's own cost and expense, shall obtain or provide and keep in full
force for the benefit of the Landlord, and acceptable to Landlord in its sole discretion, during the term hereof,
liability insurance including both property damage and general liability coverage insuring the Landlord against
any and all liability or claims of liability arising out of, occasioned by or resulting from any accident or otherwise
in or about the leased premises for injuries to any persons, for limits of not less than $250,000 for property
damage, $500,000 for injuries to one person and $1,000,000 for injuries to more than one person in any accident
or occurrence. The insurance policies shall be with companies authorized to do business in this State and shall
be delivered to the Landlord, together with proof of payment, not less than fifteen (15) days prior to the commencement
of the term hereof or of the date when the Tenant shall enter in possession, whichever occurs sooner. At least
fifteen days prior to the expiration or termination date of any policy, the Tenant shall deliver a renewal or replacement
policy with proof of the payment of the premium therefor.
13. Indemnification. The Tenant also agrees to and shall hold harmless and indemnify the Landlord from and for
any and all payments, expenses, costs, attorneys and fees (including attorney fees incurred in enforcing the Tenant's
obligation under this section 13) and from and for any and all claims and liability for losses or damage to property
or injuries to persons occasioned wholly or in part by or resulting from any acts or omissions by the Tenant or
the Tenant's agents, employees, guests, licenses, invitees, subtenants, assignees or successors, or for any cause
or reason whatsoever arising out of or by reason of the occupancy or business of the Tenant, even if such damage
or injury is allegedly caused or contributed to by any act or omission of the Landlord.
14. Mortgage Priority. This Lease shall not be a lien against the said premises with respect to any mortgages
that may hereafter be placed upon said premises. The recording of such mortgages shall have preference and be
superior and prior in lien to this Lease, irrespective of the date of recording. The Tenant agrees to execute
any instruments, without cost, which may be deemed necessary, to further effect the subordination of this Lease
to any such mortgages. A refusal by the Tenant to execute such instruments is a violation and shall entitle the
Landlord to cancel this Lease.
15. Condemnation Eminent Domain. If any portion of the premises of which the leased premises are a part shall
be taken under eminent domain or condemnation proceedings, or if suit or other action shall be instituted for the
taking or condemnation thereof, or if in lieu of any formal condemnation proceedings or actions, the Landlord shall
grant an option to purchase and/or shall sell and convey the said premises or any portion thereof, to the governmental
or other public authority, agency, body or public utility, seeking to take said land and premises or any portion
thereof, then this Lease, at the option of the Landlord, shall terminate, and the term hereof shall end as of such
date as the Landlord shall fix by notice in writing. The Tenant shall have no claim or right to claim or be entitled
to any portion of any amount that may be awarded as damages or paid as the result of such condemnation proceedings
or paid as the purchase price for such option, sale or conveyance in lieu of formal condemnation proceedings.
All rights of the Tenant to damages, if any, are hereby assigned to the Landlord. The Tenant agrees to execute
and deliver any instruments, at the expense of the Landlord, as may be deemed necessary to expedite any condemnation
proceedings or to effectuate a proper transfer of title to such governmental or other public authority, agency,
body or public utility seeking to take or acquire the said lands and premises of any portion thereof. The Tenant
agrees to vacate the said premises, remove all of the Tenant's personal property therefrom and deliver up peaceable
possession thereof to the Landlord or to such other party designated by the Landlord. The Tenant shall repay the
Landlord for such costs, expenses, damages and losses as the Landlord may incur by reason of the Tenant's breach
hereof.
16. Fire and Other Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to the
Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall
repair the same as speedily as practicable, but the Tenant's obligation to pay the rent hereunder shall not cease.
If, in the opinion of the Landlord, the premises are so substantially damaged as to render them untenantable,
then the rent shall cease until such time as the premises shall be made tenantable by the Landlord. However, if,
in the opinion of the Landlord, the premises are so substantially damaged that the Landlord decides not to rebuild,
then the rent shall be paid up to the time of such destruction and thenceforth this Lease shall come to an end.
However, the provisions of this clause shall not become effective or be applicable, if the fire or other casualty
and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant's
agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant's
liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on
the Tenant's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage
and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered,
then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord's costs and
expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord
for reimbursement.
17. Reimbursement of Landlord. If the Tenant shall fail or refuse to comply with any of the terms and conditions
of this Lease, the Landlord may carry out and perform such conditions at the cost and expense of the Tenant, which
amounts shall be payable on demand to the Landlord. This remedy shall be in addition to such other remedies as
the Landlord may have by reason of the breach by the Tenant of any of the terms and conditions of this Lease.
18. Increase of Insurance Rates. If for any reason it shall be impossible to obtain fire and other hazard insurance
on the buildings and improvements on the leased premises, in an amount and in the form and in insurance companies
acceptable to the Landlord, the Landlord may, at any time, terminate this Lease, upon giving to the Tenant fifteen
(15) days' notice in writing of the Landlord's intention so to do. Upon the giving of such notice, this Lease
shall terminate. If by reason of the use to which the premises are put by the Tenant or character of or the manner
in which the Tenant's business is carried on, the insurance rates for fire and other hazards shall be increased,
the Tenant shall upon demand, pay to the Landlord, as rent, the amounts by which the premiums for such insurance
are increased.
19. Inspection and Repair. The Tenant agrees that the Landlord and the Landlord's agents, employees or other representatives,
shall have the right to enter into and upon the said premises or any part thereof, upon reasonable notice, for
the purpose of examining the same or making such repairs or alterations therein as may be necessary for the safety
and preservation thereof. This clause shall not be deemed to be a covenant by the Landlord nor be construed to
create an obligation on the part of the Landlord to make such inspection or repairs.
The Tenant must notify the Landlord if the Tenant will be away for ten (10) days or more. In case of an emergency
or the Tenant's absence, the Landlord may enter the premises without the Tenant's consent.
20. Right to Exhibit. The Tenant will permit the Landlord and the Landlord's agents, employees or other representatives
to show the Premises to persons wishing to rent or purchase the Premises, and Tenant agrees that on and after 60
days preceding the expiration of the term hereof, the Landlord or the Landlord's agents, employees or other representatives
will have the right to place notices on the front of the Premises or any part thereof, offering the premises for
rent or for sale; and the Tenant will permit the same to remain thereon without hindrance or molestation. The
Tenant will also permit the Landlord and the Landlord's agents, employees or other representatives to show the
Premises to prospective mortgagees of the Premises or the land and improvements of which the Premises are a part.
21. Events of Default; Remedies Upon Tenant's Default. If there should occur any default on the part of the Tenant
in the performance of any conditions and covenants herein contained, or if during the term hereof the premises
or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted,
the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by force
or otherwise, without being liable for prosecution therefor, or for damages, re-enter, possess and enjoy the said
premises. The Landlord may then re-let the premises and receive the rents therefor and apply the same, first to
the payment of such expenses, reasonable attorney fees and costs, as the Landlord may have been put to in re-entering
and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment
of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents
as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved
hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after
deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained
each month.
22. Termination on Default. If an Event of Default occurs, the Landlord may, at any time thereafter, terminate
this Lease and the term hereof, upon giving to the Tenant, five (5) days' notice in writing, of the Landlord's
intention so to do. Upon the giving of such notice, this Lease and the term hereof shall end on the date fixed
in such notice as if the said date was the date originally fixed in this Lease for the expiration hereof; and the
Landlord shall have the right to remove all persons, goods, fixtures and chattels therefrom, by force or otherwise,
without liability for damage.
23. Non-Liability of Landlord. The Landlord shall not be liable for any damage or injury which may be sustained
by the Tenant or any other person, as a consequence of the failure, breakage, leakage or obstruction of the water,
plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts or the like or
of the electrical, gas, power conveyor, alarm, refrigeration, sprinkler, air-conditioning or heating systems, elevators
or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence or improper
conduct on the part of any other Tenant, Tenant's family, or any other Tenant's agents, employees, guests, licensees,
invitees, subtenants, assignees or successors; or attributable to any interference with, interruption of, or failure
beyond the control of the Landlord, of any services to be furnished or supplied by the Landlord. This limitation
on the Landlord's liability will not apply to damage or injury resulting from the gross negligence or willful misconduct
of the Landlord or of the Landlord's agents, employees, guests, licensees, invitees, assignees or successors.
24. Non-Waiver by Landlord. The various rights, remedies, options and elections of the Landlord, expressed herein,
are cumulative. The failure of the Landlord to enforce strict performance by the Tenant of the conditions and
covenants of this Lease or to exercise any election or option, or to resort or have recourse to any remedy herein
conferred or the acceptance by the Landlord of any installment of rent after any breach by the Tenant, in any one
or more instances, shall not be construed or deemed to be a waiver or a relinquishment for the future by the Landlord
of any such conditions and covenants, options, elections or remedies, but the same shall continue in full force
and effect.
25. Non-Performance by Landlord. This Lease and the obligation of the Tenant to pay the rent hereunder and to
comply with the covenants and conditions hereof, shall not be affected, curtailed, impaired or excused because
of the Landlord's inability to supply any service or material called for herein, by reason of any rule, order,
regulation or preemption by any governmental entity, authority, department, agency or subdivision or for any delay
which may arise by reason of negotiations for the adjustment of any fire or other casualty loss or because of strikes
or other labor trouble or for any cause beyond the control of the Landlord.
26. Validity of Lease. The terms, conditions, covenants and provisions of this Lease shall be deemed to be severable.
If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent
jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision
herein, but such other clauses or provisions shall remain in full force and effect.
27. Notices. All notices required under the terms of this Lease shall be given and shall be complete by mailing
such notices by certified or registered mail, return receipt requested, to the address of the parties as shown
at the head of this Lease, or to such other address as may be designated in writing, which notice of change of
address shall be given in the same manner. Notices to the Landlord may be sent to The Rector's Name, Name of Church,
Street Address, City, New Jersey Zip Code.
28. Title and Quiet Enjoyment. The Landlord covenants and represents that the Landlord is the owner of the premises
herein leased and has the right and authority to enter into, execute and deliver this Lease; and does further covenant
that the Tenant on paying the rent and performing the conditions and covenants herein contained, shall and may
peaceably and quietly have, hold and enjoy the leased premises for the term aforementioned.
29. Entire Contract. This Lease contains the entire contract between the parties. No representative, agent or
employee of the Landlord has been authorized to make any representations or promises with reference to the within
letting or to vary, alter or modify the terms hereof. No additions, changes or modifications, renewals or extensions
hereof, shall be binding unless reduced to writing and signed by the Landlord and Tenant.
30. Liens. If any construction or other liens shall be created or filed against the leased premises by reason
of labor performed or materials furnished for the Tenant in the erection, construction, completion, alteration,
repair or addition to any building or improvement, the Tenant shall upon demand, at the Tenant's own cost and expense,
cause such lien or liens to be satisfied and discharged of record together with any lien claims that may have been
filed. Failure so to do, shall entitle the Landlord to resort to such remedies as are provided herein in the case
of any default of this Lease, in addition to such as are permitted by law.
31. Waiver of Subrogation Rights. The Tenant waives all rights of recovery against the Landlord or Landlord's
agents, employees or other representatives, for any loss, damages or injury of any nature whatsoever to property
or persons for which the Tenant is insured. The Tenant shall obtain from Tenant's insurance carriers and will
deliver to the Landlord, waivers of the subrogation rights under the respective policies.
32. Estoppel Certificates. The Tenant will at any time and from time to time upon not less than 5 days' prior
notice by the Landlord, execute, acknowledge and deliver to the Landlord or by other party specified by the Landlord,
a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have
been modifications, that this Lease is in full force and effect as modified and stating the modifications) and
the dates to which the rent, additional rent and other charges have been paid, and stating whether or not, to the
knowledge of the signer of such certificate, the Tenant or the Landlord is in default in performance of any covenant,
agreement or condition contained in this Lease, and, if so, specifying each such default of which the signer may
have knowledge, as well as certifying to such other matters as the Landlord or the intended recipient of such certificate
may reasonably request.
33. Conformation with Laws and Regulations. The Landlord may pursue the relief or remedy sought in any invalid
clause, by conforming the said clause with the provisions of the statutes or the regulations of any governmental
agency as if the particular provisions of the applicable statutes or regulations were set forth herein at length
in this Lease.
34. Number and Gender. In all references herein to any parties, persons, entities or corporations the use of any
particular gender or the plural or singular number is intended to include the appropriate gender or number as the
text of the within instrument may require. All the terms, covenants and conditions herein contained shall be for
and shall inure to the benefit of and shall bind the respective parties hereto, and their heirs, executors, administrators,
personal or legal representatives, successors and assignees.
35. Liability for Property Taxes. Tenant shall be liable for any property taxes assessed against the Premises
by state or municipal taxing authorities as a result of the use of the premises by Tenant.
36. Rules and Regulations. The Tenant shall comply with the following rules for the safety and care of the Property:
a. Nothing may be placed on the outside wall of the Property. Nothing may be attached to the sills or windows
except drapery rods. The Tenant shall not place signs anywhere.
b. The Tenant must give the Landlord keys to all locks. Locks may not be changed or new locks put in without written
consent of the Landlord. Doors must be locked at all times. All keys must be returned to the Landlord at the
end of the Term.
c. No waterbeds are allowed.
d. The Tenant shall remove garbage daily.
e. Laundry machines, if provided by the Landlord, are used at the Tenant's risk and cost. Instructions must be
followed. The landlord may stop their use at any time.
f. No dogs or other pets are allowed without the written consent of the Landlord.
g. The Tenant shall obey the parking rules.
h. The Tenant shall not throw sweepings, rubbish, rags or other objects into the plumbing fixtures. Tenant will
not flush sanitary napkins, etc. in the toilet. Costs of repairs to plumbing due to above will be the full responsibility
to the Tenant. Nothing may be thrown out of the windows. No one shall air, dry or shake rugs, blankets or clothing
out of the windows.
i. Cooking must be done in the kitchen only.
j. The Tenant is not allowed on the roof.
k. The Tenant shall conserve energy and water.
37. Attorney Review.
a. Study by Attorney. The Tenant or the Landlord may choose to have an attorney review this Lease. If an attorney
is consulted, the attorney must complete his or her review of the Lease within a three-day period. This Lease
will be legally binding at the end of this three-day period unless an attorney of the Tenant or the Landlord reviews
and disapproves of the Lease.
b. Counting Time. You count the three days from the date of delivery of the signed Lease to the Tenant and the
Landlord. You do not count Saturdays, Sundays and legal holidays. The Tenant and the Landlord may agree in writing
to extend the three-day period for attorney review.
c. Notice of Disapproval. If an attorney for the Tenant or the Landlord reviews and disapproves of this Lease,
the attorney must notify the other party named in this Lease within the three-day period. Otherwise this Lease
will be legally binding as written. The attorney must send the notice of disapproval to the other party named
in this Lease by certified mail, federal express or by delivering it personally. The federal express or certified
letter will be effective upon sending. The personal delivery will be effective upon delivery to the address of
the other Party named in the Lease. The attorney may also, but need not inform the other named Party of any suggested
revision(s) in the Lease that would make it satisfactory.
In Witness Whereof, the parties have set their hands and seals, or caused these presents to be signed by their
proper corporate offices and their proper corporate seal to be hereto affixed the day and year first above written.
For ___________________________, Landlord
(name of Church)
By: __________________________________________
Rector's Name, Rector
By: __________________________________________
Warden's Name, Warden
By: __________________________________________
Tenant's Name, Tenant
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