Author: Ollie
Last saved by: HousingSafety
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RESIDENTIAL LEASE AGREEMENT

1. PARTIES TO THIS LEASE 
The parties to the lease are: 
LANDLORD 					           TENANT 					
Name _Bruce H Peel____________	          Name_________________ 
Address _59 David Louis Drive________            Address _99 Silver St. 4-8___ 	
_______Durham Me 04222____________             ____Portland ME 04101_______ 	
Telephone _207-773-4093_______________        Telephone __207-879-8998________ 	

2. RESIDENCE LOCATION 
This residence is a CONDOMINIUM unit located at: 
_99 Silver St.  # 4-8__________________________________________________
__Portland ME 04101___________________________________ 
______________ 
Floor:_4_____  Unit number: __4-8______

3. LENGTH OF LEASE 
A. Initial Rental Period. The landlord will rent this residence to the tenant for _11_ 
months. This term shall begin on the _1st___ day of _October 2015_, at  noon. 

B. Extended Stay. If the tenant has not moved out of the residence by 12 noon on the day the lease ends and has not signed with the landlord a new lease, then this lease becomes a 
continuing “tenancy at will” and the tenant will rent from month-to-month. All terms of 
this lease will remain in effect, except for terms that are in conflict with a State law 
regulating a tenancy at will. Either party can stop this month-to-month tenancy by giving to the other party at least 30-days written notice. This notice must expire on or after the date through which rent has been paid. The first month’s rent of this Extended Stay lease is due on the day after the Initial Rental Period (paragraph A) ends. 
C. No Extended Stay. The landlord can refuse to allow the tenant to become a month-to-month tenant at the end of the lease. To do so he must so inform the tenant at least 30 days before the end of the initial Rental Period (paragraph A). The tenant must then leave the residence no later than the last day of the Initial Rental Period. 

4. RENT PAYMENTS 
A. Rental Amount. The rent for this residence is $ __ a month. The tenant shall pay the rent for each month on the ___1st___ day of that month. If there are charges in addition to this rent they are listed below in paragraph C. 
B. Paying the Rent. The rent should be paid to:__Bruce H. Peel_. The 
landlord can assess a penalty of _4_% (up to 4%) of the monthly rent once 
payment is 15 or more days late. 
C. Additional Charges. In addition to the monthly rent, the tenant also agrees to pay the 
landlord the following charges (describe the reason for the charge, the amount, and when it should be paid): 

5. SECURITY DEPOSIT 
A. Amount of Security Deposit. The tenant has paid the landlord $ _1000.00_ as a Security Deposit. The Security Deposit is in addition to rental payments and should not be substituted by the tenant for unpaid rent. The landlord will hold the Security Deposit until the end of the residency. The Security Deposit remains the tenant’s money. The landlord will keep the Security Deposit separate from the landlord’s own money. The landlord will not require a Security Deposit of more than two months rent. 
B. Return of the Security Deposit. This Security Deposit may be used by the landlord after the tenancy has ended to repair damage to the residence and for the actual costs of unpaid rent, storing and disposing of unclaimed property, or utility charges the tenant owes to the landlord. The Security Deposit cannot be used to pay for routine cleaning or painting made necessary by normal wear and tear. The landlord will return the entire Security Deposit to the tenant at the end of the lease if the following conditions are met: 
 (1) The apartment is in good condition except for (a) normal wear and tear or (b) damage 
not caused by the tenant, the tenant’s family, invitees or guests; 
(2) The tenant does not owe any rent or utility charges which the tenant was required to 
pay directly to the landlord; and 
(3) The tenant has not caused the landlord expenses for storage and disposing of unclaimed property. 
If the landlord deducts money from the tenant’s Security Deposit, the landlord will provide the tenant a list of the items for which the tenant is being charged and return to the tenant the balance of the Security Deposit. 
The landlord will return the Security Deposit, or the remaining balance, to the tenant no more than thirty (30) days after the tenancy ends. 

6. MOVING IN 
If the residence is not ready to move into on the day the rental period begins (see Section 4, “LENGTH OF LEASE”), the tenant may cancel the lease and receive a full refund. If the tenant chooses to wait until the residence is ready, then the rental period will begin with the first day the tenant moves in and the first month’s rent payments will be proportionately reduced. 

7. SERVICES PROVIDED BY THE LANDLORD 
Utilities and services shall be paid by the parties as follows 
Electricity  - Tenant
Heating Oil – N/A
Natural Gas – N/A 
Sewerage - Landlord 
Trash Removal – Landlord (if tenant complies with dumpster regulations)
Yard Maintenance - Landlord 
Snow Removal - Landlord
Air Conditioning – N/A 
Hot Water - Tenant 
Cold Water - Landlord
Telephone - Tenant 
Cable Television - Tenant 
The landlord will also provide the following services: 

8. TENANT RESIDENTIAL RESPONSIBILITIES 
A. Use Only as a Residence. The tenant agrees that the residence will be used only as a 
residence, except for incidental use in trade or business (such as telephone solicitation of 
sales or arts and crafts created for profit). Such incidental uses will be allowed as long as 
they do not violate local zoning laws or affect the landlord’s ability to obtain fire or liability insurance. The total number of persons residing in this residence cannot exceed _1__. 
B. Damage. The tenant agrees not to damage the apartment, the building, the grounds or the common areas or to interfere with the rights of other tenants to live in their apartments in peace and quiet. Damage (other than normal wear and tear) caused by the tenant, the tenant’s family, invitees or guests shall be repaired by the tenant at the tenant’s expense. 
Upon the tenant’s failure to make such repairs the landlord, after reasonable written notice to the tenant, may make the repairs and the tenant shall be responsible to the landlord for their reasonable cost. 
C. Alterations. No alteration, addition or improvement to the residence shall be made by the tenant without the prior written consent by the landlord. 

9. LANDLORD RESIDENTIAL RESPONSIBILITIES 
A. Legal Use Of The Residence. The landlord agrees not to interfere with the tenant’s legal use of the residence. 
B. Residence Must Be Fit To Live In. The landlord promises that the residence: (1) complies with applicable housing codes; (2) is fit to live in; and (3) is not dangerous to the life, health or safety of the occupants. The landlord agrees to make all necessary repairs and take all necessary action to keep the residence fit to live in and to meet all applicable housing code requirements. The landlord is not responsible for this promise if the residence becomes unfit to live in due to the tenant’s misconduct or the misconduct of the tenant’s family, invitees, or guests. Prior to the tenant entering into this lease, the landlord agrees to provide the tenant with both the federal lead-based paint hazard notice and brochure, unless the housing is specifically exempt from this requirement. 
C. Tenant’s Rights If The Landlord Fails To Provide Services 
(1) Unsafe conditions. If there are conditions in the residence that threaten health or 
safety, state law allows the tenant to withhold rent and to use it to make minor repairs 
to the unsafe conditions or to purchase fuel oil during the heating season. Except in an 
emergency, before withholding rent the tenant must first provide 14 days prior written 
notice to the landlord and meet other Maine statutory requirements. The tenant cannot 
withhold more than $250 or one half of the monthly rent, whichever is the greater. 
This state law does not apply if the residence is in a building of 5 or less residences, 
one of which is occupied by the landlord. 

(2) Failure to provide utilities. If the landlord fails to provide electric, gas, water or 
telephone utilities as agreed to in Section 8 of this lease, State law allows the tenant to 
pay for these utilities and deduct the amount paid from the rent due. 

(3) Unlivable conditions. If, through no fault of the tenant, the residence is so damaged 
that it cannot be lived in and because of the damage the tenant moves out, the tenant 
will not be liable for rent from the day of the damage and may cancel the lease on 3 
days notice. 

10. LANDLORD ENTRY INTO THE RESIDENCE 
Except for emergencies, the landlord may enter the apartment only during reasonable hours and after obtaining the tenant’s consent at least 24 hours in advance. The tenant may not unreasonably withhold consent to the landlord to enter the residence. 

11. BUILDING RULES 
The tenant agrees to obey all building/condominium rules describing tenant conduct and responsibilities. A written copy of these rules shall be given to the tenant when the tenant signs this lease. The landlord may make reasonable additions or changes to these rules, upon adequate notice to the tenant. 

12. DISTURBING THE PEACE 
The tenant agrees not to cause or allow on the premises any excessive nuisance, noise or other activity which disturbs the peace and quiet of neighbors or other tenants in the building or violates any state law or local ordinance. The landlord agrees to prevent other tenants and other persons in the building or common areas from similarly disturbing the tenant’s peace and quiet. 

13. EVICTION FOR VIOLATIONS OF LEASE 
A. Notice of Violation. Serious or repeated violations of the terms of this lease can result in termination of the lease and eviction of the tenant. Except for failure to pay rent (see 
Paragraph B) or dangerous actions by a tenant (see paragraph C), if the tenant does not live up to the terms of this lease the following will occur: 
(1) The landlord will deliver to the tenant a written notice describing the violation and 
demanding that the tenant cease the lease violation within 10 days of delivery of the 
notice. 
(2) If the tenant does not comply within that 10-day period, the landlord will deliver to the tenant a second written notice that the lease will end within 30 days. On that day, the 
lease term automatically terminates and the tenant will leave the residence and return 
the keys to the landlord. 
B. Eviction for Failure to Pay Rent. If the tenant is 14 days or more late in paying the rent the landlord may send a notice that states that the lease will end in 7 days, unless the tenant pays all overdue rent or late charges before that 7 day period ends. If the tenant fails to pay the rent, the lease term automatically terminates and the tenant will leave the residence and return the keys to the landlord. 
C. Eviction For Dangerous Acts. If the tenant’s actions pose an immediate threat to the health or safety of other residents or the landlord or the landlord’s employees, or to the physical structure of the residence, then the lease can be immediately terminated, without prior warning. 

D. Notice of Termination. The landlord must notify the tenant in writing when the lease is terminated. This notice must: 
(1) State the reasons for termination with enough specificity to allow the tenant to prepare 
a defense; 
(2) Advise the tenant that if a judicial proceeding for eviction is commenced, the tenant 
has the right to present a defense in that proceeding; and 
(3) Be served on the tenant by sending a prepaid first class properly addressed letter 
(return receipt requested) to the tenant at the residence or by delivering a copy of the 
notice to the residence. 

E. Forcible Eviction. The landlord will not physically force the tenant out by removing the tenant’s possessions or by changing the lock on the tenant’s door or by any other method. 
The tenant can be forcibly removed from the residence only by a law enforcement officer 
after a Maine Court has ordered eviction. The tenant will be given prior notice of the court eviction hearing and will have a chance to testify. Only after this hearing can the court order the tenant’s forcible eviction. 

14. NOTIFYING THE LANDLORD OR TENANT 
A. Notices to the tenant. Unless otherwise required in this lease or by law, any notice from the landlord to the tenant will be valid only if: 
(1) it is in writing; and 
(2) it is addressed to the tenant at the residence and personally delivered to the tenant’s 
residence or sent by mail. The effective date of a notice will be the day it is 
personally delivered to the residence or, if it is mailed, two days after the date it is 
postmarked. 
B. Notices to the landlord. Unless otherwise required in this lease or by law, the tenant will give all required notices to the landlord in writing, delivered personally or sent by mail to the landlord or, if appropriate, to the landlord’s managing agent at the address given in this lease. The effective date of a notice will be the day it is personally delivered to the residence or, if it is mailed, two days after the date it is postmarked. 

15. ABANDONED PROPERTY 
The landlord shall dispose of all abandoned property in compliance with the provisions of the Maine abandoned property statutes. 

16. SUBLEASING 
The tenant agrees not to sublease or assign this residence without the prior written consent of the landlord.

 17. OCCUPANTS 
The residents listed below shall be the sole occupants of the leased premises: 

18. PETS 
The tenant may not maintain pets in the residence. 

19. CONDITION OF RESIDENCE AT THE TIME LEASE IS SIGNED 
Prior to signing this lease the landlord and the tenant did_X___ did not_____ (check one) 
inspect together the residence. If they did inspect the residence, their findings were as follows: 
A. Residence defects. The following substantial defects were observed: 

B. Landlord work or repairs. The following work or repairs to be done by the landlord were agreed upon: 

C. Tenant work or repairs. The following work or repairs to be done by the tenant were 
agreed upon (indicate whether tenant or landlord is responsible for the expense): 

D. Conditions that will remain unchanged. The following residential conditions were agreed would remain unchanged: 

20. WHEN THE LEASE ENDS 
When the lease ends, the tenant agrees to return the residence in the same condition as it was at the start of the lease, except for normal wear and tear and except for those inspection items which were noted in Section 20 of this lease and not repaired. The tenant will have to pay for damage to the residence only if the damage was caused by the tenant or the tenant’s family, invitees or guests. The tenant must return the keys to the residence or else the tenant can be considered a “hold-over” tenant and still obligated to pay monthly rent. 

21. OTHER AGREEMENTS 
The landlord and the tenant also agree to the following: 

1.	The tenant agrees to have the carpeting professionally cleaned at the end of the lease.
2.	There will be no smoking in the apartment.
3.	There will be no holes put in the walls without permission from the landlord. 

22. CONFLICT WITH STATE LAW 
If any provision of this lease conflicts with state law, then state law shall take precedence. 

23. SIGNATURES 
The tenant and landlord have each received identical copies of the lease, each copy signed and dated by both landlord and tenant. 
(date) (tenant) 
 (date) (landlord)