Residential Lease Index
1. Lease Agreement
2. Use of Certain Words in Lease
3. Marginal Headings
4. Time is of the Essence
5. Delay in Delivery of Premises
6. Consideration
7. Rent
8. Security Deposit
9. Internet
10. Release of Any and All Deposits
11. Inspection of Premises
12. Tenant’s Telephone Number
13. Violation of Law
14. Use of Premises
15. Tenant’s Obligations
16. Controlled Substances
17. Criminal Activity
18. Payment of Utilities
19. Pest Control
20. Maintenance and Repairs
21. Lawns and Shrubbery
22. Smoke Detectors
23. Door Locks, Window Locks and Security
24. Worker’s Warranty
25. Destruction of Premises
26. Alteration
27. Parked Motor Vehicles
28. Pets
29. Flotation Bedding Systems
30. Occupants of Premises
31. Tenant’s Responsibility for Other Tenant’s and
Persons
32. Any Tenant is an Agent of Any other Tenant who has Signed this Lease, as well as an Agent of Any Other Persons on Premises at
Anytime
33. Assignation and Subletting
34. Landlord’s Access to Premises and or to Enter the
Premises
35. Tenant’s are Responsible for Landlord’s Expenses Regarding Tenant’s
Actions
36. Indemnification and Risk of Loss
37. Renter’s Insurance
38. Eminent Domain
39. Bankruptcy
39a. Homestead Waiver
40. Subordination
41. Liens
42. Radon Gas
43. Lead Based Paint Warning
44. Mold
45. Notices
46. Addresses for Notices
47. Address put on Three-Day and or Seven-Day Notice
48. Binding Upon Heirs, etc.
49. Sale of Premises
50. Foreclosure
51. Faxed copy or xerox copy shall be considered an original, if the original signed lease cannot be
found
52. Cancellation Clause
53. Military/ U.S. Civil Service
54. Renewal / Extension
55. Remedies: Tenant holding Over
56. Tenant’s Personal Property
57. Early Termination of Lease
58. Abandonment
59. Payments at Termination
60. Default
61. Surrender of Premises
62. Checks paid in full
63. Terms of Lease
64. Non- waiver of Rights
65. Not an Affirmative Defenses
66. Approval of Lease
67. Choice of Law
68. Non- Jury Trial Only
69. Venue
70. Attorney’s Fees and Costs
71. Entire Agreement
72. False Information
73. Tenant Agrees to Everything Written in Lease
74. Tenant’s Understandings
75. Interpretation of Contract
RESIDENTIAL LEASE
1.) THIS LEASE AGREEMENT is made this ______DAY of ______________ 200_, between _______________________________________________________ (hereinafter referred to as LANDLORD, whether in the singular or plural), and _______________________________________________________
(hereinafter referred to as TENANT, whether in the singular or plural).
2.)USE OF CERTAIN WORDS IN LEASE
Whenever used, and whenever appropriate the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders.
Whenever used, and whenever appropriate the plural number shall include the plural or singular and the use of any gender shall include all appropriate genders.
“LEASE” MEANS LEASE, LEASE AGREEMENT AND OR AGREEMENT
3.)MARGINAL HEADINGS
The marginal headings and paragraph titles to the paragraphs of this lease are not a part of this lease and shall have no effect upon the construction or interpretation of any part hereof. They are only for the convenience of the LANDLORD and TENANT and do not modify, amplify or give full notice of any of the terms, covenants and conditions of any article, paragraph, clause or provision of this agreement.
The LANDLORD leases to the TENANT, and the TENANT rents from the LANDLORD a residential dwelling located at:
4.)TIME IS OF THE ESSENCE
It is understood and agreed between the LANDLORD and TENANT hereto that time is of the essence for all terms, covenants, and conditions contained in this lease, EXCEPT for delivery of the premises.
5.)DELAY IN DELIVERY OF PREMISES
If LANDLORD is unable to give possession of the premises on the date of the commencement of the term of this lease for any reason whatsoever, LANDLORD shall not be liable for any damages caused thereby, nor shall this agreement be void or void able, but TENANT shall not be liable for any rent until possession is delivered. TENANTS may terminate this lease if possession is not delivered within fifteen days from the date of commencement of this lease.
6.) CONSIDERATION
TENANT in consideration of all of the mutual covenants, terms, conditions and agreements herein contained, hereby agree(s) to the following terms:
7.) RENT
Witnessed, that in consideration of rental specified and the covenants herein stipulated, the LANDLORD and TENANT agree to the following and everything else that follows in this lease: To have and to hold the devised premises, unto the TENANT, for the term of ___________ beginning on the _______________DAY of _________________, and ending on _____________________, for the total sum of _____________________. TENANT shall be allowed to pay off the total sum owed on a monthly period as described below. (The lease terminates at 5:01P.M. on the ending date noted above and no further notice by LANDLORD to TENANT regarding the termination date is necessary.)
TENANT shall be permitted to move in on __________ at the (prorated, if necessary) amount of _________________ for the first month’s rent. Signing this agreement acknowledges receipt of _____________ (First Month’s rent, Last Month’s rent plus Security Deposit).
First month's rent: ____________
Last month’s rent:_____________
Security deposit: ________________
The first months, last’s month rent, and security deposit must be paid with a money order, or certified check.
Beginning on ___________, the TENANT shall begin making payments of ______ due and payable in advance on the first day of every month without demand, prior notification, deduction or offset. Such rental amount may be adjusted periodically to compensate for increasing costs to the LANDLORD. (Those costs shall be considered additional rent as defined in this lease.) TENANT’S obligation to pay Rent and additional rent shall survive any termination of this Lease.
Payments must be received by the LANDLORD AND OR THE LANDLORD’S AGENT
(If there is one) whose name is__________________________________________, on or before the 1st day of every month at the following address(es)____________________________________________________ or such other
address as may be later designated by the LANDLORD AND OR THE LANDLORD’S AGENT in writing. The LANDLORD’S AGENT may be changed in writing at any time by the LANDLORD. Any Attorney hired by the LANDLORD for purposes of sending any letters, any notices, any complaints, or any paperwork to the TENANT or communicating in any way without using any paper, to the TENANT, will be considered an agent of the LANDLORD even if such Attorney is not named in this lease and no notice was sent by LANDLORD to TENANT stating that such attorney is an agent of the LANDLORD. Any non-attorney agent of LANDLORD must be named in this lease or changed in writing by LANDLORD or added later on a separate piece of paper acknowledging such change for addition. Payments sent through the mail are at the TENANT’S risk and the TENANT acknowledges that early mailing will be required for rent to be received on time. Any rent lost in the mail will be treated as if unpaid until received by LANDLORD or LANDLORD’S agent(s).
a.)Additional Rent
It is further agreed by TENANT that if said rent is not paid in full prior to 5:01 P.M. Eastern Time on the first day of every month regardless of the cause, including but not limited to returned checks (checks that are returned for any reason whatsoever), time being of the essence, then the TENANT agrees to pay a late charge of _______, increasing the rent due for that month to _____________.
It is agreed between the LANDLORD and TENANT that any late charge shall be deemed additional rent for the month in which rent is past due, and it will be treated the same as rent, and if this additional rent appears in a three-day notice for failure to pay rent, it is agreed that the three-day notice will be deemed valid.
It is agreed between the LANDLORD and TENANT that in addition to any rent that is due, any other fees, payments, costs, bills, damages, attorneys fees, or monies whatsoever that become due under this lease and or Florida Law for any reason whatsoever shall be deemed additional rent, and will be treated the same as rent, and if this additional rent appears in a three-day notice for failure to pay rent, it is agreed that the three-day notice will be deemed valid.
Additional rent shall also be defined as any future rent and or additional rent that becomes due by TENANT’S early termination, vacation, surrender, abandonment, or court order that results in TENANT’S leaving the premises without written permission of the LANDLORD, prior to the time the Lease term ends.
Any and all payments made shall first be applied to any outstanding balances of any kind due under this lease and or Florida Law. Any balance may be applied to current rents, and be treated the same as rent. Any balance will be considered additional rent, and will be treated the same as rent, and if this additional rent appears in a three-day notice for failure to pay rent, it is agreed that the three-day notice will be deemed valid.
b.) Acceptance of partial rent after due date
It is understood and agreed by TENANT that LANDLORD’S acceptance of partial rent after its due date in any particular month shall not waive LANDLORD’S right to sue for any money outstanding for that or any past or subsequent month, post a three-day notice for failure to pay rent on time for that or any past or subsequent month the rent is or was not paid on time, and to bring a suit for eviction for failure to pay rent on time for that or any past or subsequent month the rent is or was not paid on time.
The acceptance by the LANDLORD of partial payments of rent due shall not under any circumstances constitute a waiver of the LANDLORD, nor affect any notice or legal proceedings for possession theretofore given or commenced pursuant to any Florida’s statutes that pertain to residential LANDLORD-TENANT law.
c.) Acceptance of rent after three-day notice has expired
It is also understood and agreed by TENANT that if the LANDLORD does post a three day notice for failure to pay rent, and the LANDLORD accepts rent or partial rent after the three days have expired, the acceptance of rent or partial rent is not deemed a waiver of LANDLORD’S right to sue for any money outstanding for that or any past or subsequent month, and or to bring a suit for eviction for failure to pay rent on time for that or any past or subsequent month the rent is or was not paid on time.
d.) Lawsuit for possession only, or for any other reason
If LANDLORD brings any lawsuit or action against TENANT for any reason whatsoever arising out of this lease that suit or action does not waive or preclude LANDLORD from bringing any other lawsuit or action against Tenant. In other words a suit for possession only, does not preclude a later suit for past rent due, etc…, TENANT waives the right to file a motion to dismiss a complaint for improperly “Splitting the action.”
e.) Bad Check Fees; Worthless Checks
TENANT agrees that if TENANT makes a rent payment with a worthless check, “NSF” check, dishonored check, or payment is stopped on a check, or the check is deemed non-negotiable for any reason whatsoever, then the rent will not be deemed accepted until the check is made good, assuming it is for the correct amount of rent and additional rent, and a bad check fee is paid.
The bad check fee will be as follows: $25, if the face value does not exceed $50; $30, if the face value exceeds $50 but does not exceed $300; $40, if the face value exceeds $300; or 5 percent of the face amount of the check, whichever is greater. This bad check fee will be treated as additional rent.
The TENANT agrees that if a rent payment is made with a worthless check, “NSF” check, dishonored check, or payment is stopped on a check, or the check is deemed non-negotiable for any reason whatsoever, then the TENANT must pay that and all future rent payments by money order or cashier's check.
If rent that is supposed to be paid by money order and or cashier’s check is not paid in such a manner then the LANDLORD does not have to accept the rent. A LANDLORD may post a three notice and bring a suit for eviction if the rent is not paid in the proper manner.
If the LANDLORD accepts rent in a manner other than a money order or cashier’s check even though the LANDLORD is under no obligation to accept such payment in any other form other than a money order or cashier’s check, such acceptance does not waive LANDLORD’S right to accept rent in any subsequent month(s) that are only made by money order or cashier’s check.
The LANDLORD shall also in addition to any other rights granted to the LANDLORD under this lease and any Florida Law have the right to bring an action against TENANT for a worthless check or stopped payment in accordance with any applicable Florida Statute.
f.) No third party checks permitted
Third party checks are not permitted. Only the person or persons who signed the lease as a TENANT shall pay rent, unless otherwise agreed in writing by LANDLORD. Any agreement made by LANDLORD will only be good for the specific time agreed to in writing, and not for any other time.
g.) No credit card payments / U.S. Currency only
No rent or additional rent can be paid by credit card or foreign currency. Only U.S. currency is acceptable.
h.) No Grace Period
There is no grace period to pay rent and LANDLORD shall have the right to make written demand for any rent unpaid as of 5:01 P.M on the day it is due.
i.) Joint and Several Liability
All signatories to this agreement are jointly and severally responsible for the faithful performance of its terms and conditions.
j.) Acceleration Clause
If the TENANT fails to pay rent or additional rent in a timely manner, or commits any default under this lease including abandonment the LANDLORD has the automatic right without further notice to accelerate all future payments due under this lease at the time of the default, and sue for the entire amount of rent and additional rent still owed under this lease. Whether or not the LANDLORD exercises this right is solely in the discretion of the LANDLORD
8.) SECURITY DEPOSIT
TENANT agrees to pay the sum of __________as security for faithful performance by TENANT of all terms, agreements, covenants and conditions of this lease. This deposit may be applied by the LANDLORD for any monies, rent and additional rent owed by TENANT under this lease or Florida law. This deposit may also be applied to physical damages to the premises, costs, and attorneys fees associated with TENANT’S failure to fulfill the terms of this lease. TENANTS cannot dictate that this deposit be used for any rent due. Only the LANDLORD can dictate what the security deposit will be used for. If TENANT breaches this lease by abandoning, surrendering or being evicted from the rental premises prior to the lease expiration date, the deposit will be forfeited as special liquidated damages to cover the cost of re-letting the rental premises. TENANT will still be responsible for any unpaid rent and additional rent, physical damages, and future rent and additional rent due, as well as Attorney’s fees, and costs, and any other amounts due under the terms of the lease or Florida law. Nothing herein shall limit LANDLORD’S right to continue in a court of law with an action against TENANT for any amounts still due and owing after said offset. The security deposit will be kept in a non-interest bearing account in__________________________________ whose address is ____________________________ or any other Bank selected by LANDLORD.
9.) INTEREST
TENANT shall not receive or be entitled to any interest on such security or advance rental deposits, or any other deposits made.
10.) RELEASE OF ANY AND ALL DEPOSITS
Release of any and all of TENANT’S deposit is subject to the following provisions: (a) The full term of the Rental Agreement has been completed; (b) Formal written notice has been received at least 30 days prior to the date of termination of the lease that the TENANT will be vacating the premises; (c) No damage or deterioration to the premises, buildings or grounds is evident; (d) The entire dwelling, appliances, closets and cupboards are clean and free from insects, the refrigerator is defrosted, all debris, rubbish and personal property have been removed from the property, carports are professionally cleaned, vacuumed and left clean and odorless; (e) All unpaid charges and delinquent rents have been paid including late charges, pet charges, utility charges, garbage service, which are all defined as additional rent, and any other additional rent that is still owed; (f) All keys for the premises have been returned: (g) A forwarding address has been left with the LANDLORD or LANDLORD’S agent; (h) TENANT has provided evidence of having the carpets professionally cleaned upon move out; failure to do so will incur a minimum carpet cleaning charge of $85; (i) TENANT is not otherwise in default or violation of any of the other terms and/or conditions of this agreement. 15 days after TENANT has surrendered the premises to the LANDLORD, the LANDLORD will send the balance of the deposit to the address provided by the TENANT in the names of all signatories thereto, or LANDLORD within 30 days of TENANT’S surrender of premises, will impose a claim on the deposit and so notify the TENANT by certified letter sent to TENANTS last known address. TENANT agrees to a mandatory minimum unit cleaning charge to be deducted from the security deposit in the amount of $100. Security deposit refunds, if any shall be sent by certified mail to TENANT’S last known address, and may not be picked up in person from LANDLORD or LANDLORD’S agent.
Florida law requires the following to be included in your lease: F.S. 83.49(3) provides: Section 1. Subsection (3) of section 83.49, Florida Statutes, is amended
to read: 83.49 Deposit money or advance rent; duty of LANDLORD and TENANT:
(3)(a) Upon the vacating of the premises for termination of the lease, if the LANDLORD does not intend to impose a claim on the security deposit, the LANDLORD shall have 15 days to return the security deposit together with interest if otherwise required, or the LANDLORD shall have 30 days in which to give the TENANT written notice by certified mail to the TENANT’S last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of .... upon your security deposit, due to ..... It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to ...(LANDLORD’S address).... If the LANDLORD fails to give the required notice within the 30-day 15-day period, he or she forfeits the right to impose a claim upon the security deposit.
(b) Unless the TENANT objects to the imposition of the LANDLORD’S claim or the amount thereof within 15 days after receipt of the LANDLORD’S notice of intention to impose a claim, the LANDLORD may then deduct the amount of his or her claim and shall remit the balance of the deposit to the TENANT within 30 days after the date of the notice of intention to impose a claim for damages.
(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.
(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and salespersons, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other LANDLORD-TENANT relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).
The LANDLORD can always sue for any money owed by the TENANT due to damages to the premises or for any other legal reason. In other words, even if LANDLORD fails to comply with the 30-day 15-day period as mentioned above, it does not prevent the LANDLORD from suing or counterclaiming for any money owed for any legal reason under the lease agreement.
11.) INSPECTION OF PREMISES
Unless otherwise noted in writing and attached hereto, TENANTS agree that they have fully inspected the premises and accept the condition of the premises in “as is” condition with no warranties or promises expressed or implied.
12.) TENANT’S TELEPHONE NUMBER
TENANT shall within 5 business days of obtaining telephone services at the Premises, send written notice to LANDLORD of TENANT’S telephone numbers at the Premises.
13.) VIOLATIONS OF LAW
The TENANT shall not do, nor suffer to be done, nor keep on the premises anything which shall increase the fire insurance upon the building or its contents or, which shall conflict with Brevard County ordinances, regulations, codes, the laws of the state of Florida, any Federal Statutes, the city codes, ordinances and laws where the TENANCY is located, or the rights of neighbors.
TENANT shall not keep any dangerous or flammable items that might increase the danger of fire or damage on the Premises without LANDLORD’S written consent. TENANT shall not create any environmental hazards on or about the Premises.
14.) USE OF PREMISES
TENANT shall obey, and require anyone on the Premises to obey all laws and any restrictions that apply to the Premises. TENANT shall use the Premises only for residential purposes.
15.) TENANT’S OBLIGATIONS
TENANT’S obligations under this agreement, including but not limited to the obligation to pay rent, shall be joint and several with all other obligations and with any and all other TENANTS.
TENANT must meet all obligations as spelled out in Section 83.52 of the Florida Statutes, including:
a.) Taking affirmative action to insure that nothing is done which might place the LANDLORD in violation of applicable building, housing, and health codes. If TENANT causes LANDLORD to be cited for being in violation of any such code, TENANT shall pay an administrative fee to LANDLORD of $50.00 in addition to reimbursing LANDLORD for any fines charged by any governmental authority (Such administrative fee and or fine shall be considered additional rent as defined in this lease).
b.) TENANT agrees to abide by any and all Home Owner’s and Condominium Association rules and/or regulations, whether promulgated before or after the execution hereof, including, but not limited to rules with respect to noise, odors, parking, disposal of refuse, pets, and use of common areas. (Any Condominium rules attached to this lease are incorporated by reference herein and must be followed.)
c.) TENANT must act, and require all other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the peace. TENANT shall not disturb others with loud music or other noises.
d.) The TENANT shall use carefully and only for their legitimate purpose, all plumbing, electric and other fixtures and shall pay for repairs thereto not caused by ordinary wear and tear and pay cost and bills for their use.
e.) TENANT is responsible for removing garbage and trash as they accumulate, maintaining plumbing in good working order to prevent stoppages and/or leakage of plumbing fixtures, faucets, pipes, etc-.
f.) The leased premises shall be kept by the TENANT in a good, clean and sanitary condition. It is TENANT’S responsibility to keep the ground around his/her domicile free and clear of boxes, papers, junks, etc.
g.) The TENANT shall take all necessary and reasonable precautions to protect the home from severe storms, and any other possible hazards that may occur.
16.) CONTROLLED SUBSTANCES
TENANT warrants that the property will not be used for the sale, manufacture, delivery or possession of a controlled substance. Further, a violation of FS. 893.13 or FS 893.135 or any other Florida Statute relating to the sale, manufacture delivery or possession of a controlled substance shall be a material breach of this Lease and shall be grounds for immediate termination of this Lease Agreement. THERE SHALL BE NO SMOKING OF ANY KIND LEGAL OR ILLEGAL INSIDE THE HOUSE AND OR APARTMENT.
17.) CRIMINAL ACTIVITY
TENANT shall not commit any criminal acts. If TENANT or TENANT’S family members, guests, visitors, business invitees, invitees, employees or any other person on the premises commits any criminal act then such act will be considered a material breach of this Lease agreement and shall be grounds for immediate termination of this Lease Agreement.
18.) PAYMENT OF UTILITIES
TENANTS shall be responsible for payment of all Utilities which shall include but not be limited to garbage, water, sewer charges, telephone, gas, pest control or other bills incurred during Tenancy. TENANT agrees to pay for such water, sewer, solid waste disposal, and trash disposal charges as billed separately from the rent payment owed to LANDLORD and that failure to pay said items when due, shall constitute a substantial default under this agreement and any such unpaid charges shall be considered additional rent and treated as such. TENANT specifically authorizes LANDLORD to deduct amounts of unpaid utilities bills from TENANT’S deposits in the event said bills remain unpaid after termination of this Agreement. If utilities for which TENANT is responsible are still in LANDLORD’S name at the time of occupancy, TENANT agrees that LANDLORD shall order such utilities terminated and TENANTS shall reimburse LANDLORD for any utilities utilized by TENANT. Such reimbursement shall be referred to as additional rent and treated as such.
19.) PEST CONTROL
Extermination service shall be the responsibility of TENANT, except if necessitated by condition of a previous tenancy, and if LANDLORD is notified in writing within three (3) working days after occupancy. However, no matter what happens, and if proper notice is given, LANDLORD will only be responsible for extermination service for one month. After that, the TENANT will be responsible for all extermination services and costs.
20.) MAINTENANCE AND REPAIRS,
Under Florida Statute, 83.51, the LANDLORD does hereby place most of the duties for repair upon the TENANTS. The TENANTS shall maintain the premises in good, clean, sanitary, and Tenantable condition through the tenancy, keep all plumbing fixtures in good repair, use all electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner, removing all garbage in a clean and sanitary manner.
In the event TENANTS, or their family, guests, visitors, business invitees, or invitees, by accident, negligence, default, or willful act cause any damage to the premises, LANDLORD may, at its option, repair same and TENANT agrees to pay for ALL the expenses of same on demand, with all charges incurred as additional rent. Or LANDLORD may require TENANT to repair same. In such case, the TENANT would be responsible for all expenses.
TENANT shall be responsible for damages that occur as a result of leaving doors or windows open. TENANT shall be fully responsible for and agrees to maintain and repair at TENANTS full and sole expense, the following: A/C Filters & A/C Drain Lines, Washer/Dryer, Pest Extermination, Microwave, Water Conditioners, Plumbing, Locks, Window Locks and Glass Breakage. This shall not include rupture of water or waste lines due to deterioration, or stoppage due to clogging from roots outside the premises, water heater, roof and air conditioning compressor failure; all of which shall be the responsibility of the LANDLORD.
TENANTS shall also be responsible for any damage to A/C caused by TENANT’S failure to change A/C filter. TENANT agrees not to place on any window, sheets, bedspreads, foil or other material in lieu of drapes, curtains or blinds.
TENANT shall also be responsible to pay for all windows, screens and doors, air conditioning and other appliances that are damaged due to accident, negligence, default, or willful act by the TENANT, its family, guests, visitors, invitees or employees, or any other person on the premises no matter for how long they are on the premises.
TENANT specifically agrees that no tacks, nails or screws, will be driven into the walls or woodwork. TENANT will be responsible for, and agree to pay for any damage done by rain, wind, or hail caused by leaving windows open, overflow of water or stoppage of waste pipes, breakage of glass, damage to screens, deterioration of lawns and landscaping whether caused by drought, abuse, or neglect.
TENANTS shall not have the right to perform nor arrange for repairs at LANDLORD’S expense, nor shall there be any right of TENANTS to deduct the cost of any repairs from the rent payments due, or for any repairs not done.
The TENANT shall pay LANDLORD the cost of repairing any injury or damage done to the premises or fixtures as a result of any accident, negligence, default, or willful act by the TENANT, its family, guests, employees, invitees, or any other person on the premises no matter for how long.
Under the Florida LANDLORD TENANT Laws, Emergency repairs shall be deemed as follows:
1. No Heat.
2. No Water.
3. Sewer Backups.
4. Gas Leaks or electrical outages.
5. Major Water leaks-broken pipes, or seriously clogged drains.
6. Broken security locks, window locks and smoke detectors.
In the event a major repair to the premises must be made which will necessitate the TENANTS vacating the premises, LANDLORD may at its option, Terminate this agreement and TENANT agrees to vacate the premises holding LANDLORD harmless for any damages suffered, if any. TENANTS shall notify LANDLORD immediately in writing of any maintenance needed, maintenance performed or repaired.
21.) LAWNS AND SHRUBBERY
TENANT is responsible for maintenance of all landscape. TENANTS shall be solely responsible for fertilizing, fungus control, insect control and maintaining and watering the lawn, Shrubbery and for any damages caused by their negligence or abuse. TENANTS shall adequately mow, edge and trim the lawn or hire it to be done. In the event that the TENANT fails to properly and adequately fertilize, maintain insect control or water the lawn and shrubbery, causing it to die, or suffer damage, the TENANT shall be fully responsible for the full cost of replacement. Failure of the sprinkler system (if any) shall not relieve the TENANT of his responsibility. In the event of a sprinkler system failure, the TENANT should take action to ensure that the lawn is properly watered, purchasing and using water hoses and portable sprinklers if necessary. In the event that no sprinkler system exists, the TENANT shall use (and purchase) water hoses, portable sprinklers and any other lawn equipment to ensure that the lawn is properly watered and maintained. TENANT is responsible for keeping the outside areas free of all garbage, debris, animal feces or other unsightly items.
22.) SMOKE DETECTORS
TENANTS must maintain the smoke detectors by replacing batteries and notifying LANDLORD in writing of any defects. It is agreed that TENANTS will test the smoke detector within one hour after occupancy and inform the LANDLORD immediately if detector(s) are not working properly. It is further agreed that each TENANT will be responsible for testing smoke alarm(s) at least once each week by pushing the push to test button on the detector for about five seconds. TENANT may be charged for repairing or replacing smoke detectors if the LANDLORD determines that the smoke detector has been destroyed or tampered, whether on purpose, by accident or negligence by the TENANT or any of the TENANTS, its family members, guests, visitors, invitees or employees or any other person on the premises no matter for how long. It is the LANDLORD’S desire that each rental dwelling shall have at all times a properly working smoke detector. In the event that smoke detectors should fail, TENANTS are required to notify LANDLORD, in writing, by certified mail return receipt requested, of such failure and LANDLORD shall replace said smoke detector within ten (10) days of receipt of said notification.
23.) DOOR LOCKS, WINDOW LOCKS AND SECURITY
Door Locks. Window Locks and Security. The LANDLORD agrees to provide working door and window locks at the beginning of the lease term. The TENANT is responsible for all locks and security of the premises once they take possession. The TENANT agrees within one hour of occupancy to inspect all locks and inform LANDLORD immediately if any locks are not working properly and said notice shall be delivered as stated in the notice provision of this lease.
TENANT agrees to accept the locks “as is” and relieve LANDLORD AND LANDLORD’S AGENT, EMPLOYEES and subcontractors from any liability whatsoever.
24.) WORKER’S WARRANTY
All TENANTS to this Agreement warrant that any work or repairs performed by the TENANT will be undertaken only if he/she is competent and qualified to perform it, and the person performing the work will be totally responsible for all activities to assure they are done in a safe manner which will meet all the applicable statutes. They further warrant that they will be accountable for any mishaps or accidents resulting from such work, and that they will hold the LANDLORD, his agents, employees and subcontractors, free from harm, litigation or claims of any other person.
25.) DESTRUCTION OF PREMISES
If, during this term the premises shall be injured by fire, the elements or an act of God, and not in anyway due to the result of an accident, negligence, default, or willful act by the TENANT, its family members, visitors, guests, invitees or employees or any other person on the premises no matter for how long, and no part of the premises are deemed untenable then the premises shall be repaired with all reasonable diligence by LANDLORD, and the rent shall continue without abatement. LANDLORD shall not be liable for any inconvenience or annoyance to TENANTS resulting in any way from such damage or the repair thereof.
But if the premises are damaged or destroyed as to render the entire premises untenable by fire, the elements or an act of God, and not in anyway due to the result of an accident, negligence, default, or willful act by the TENANT, its family, guests, visitors, invitees or employees or any other person on the premises no matter for how long, then either party shall have the right to terminate this agreement by giving fifteen days written notice to the other party within 24 hours of the time the premises have been deemed untenable. If this notice is given, the term of the Agreement shall terminate on the date specified in the notice as fully and completely as if such date were the date set forth in the lease for the termination of the lease. LANDLORD shall not be liable for any damages, inconvenience or annoyance to TENANTS resulting in any way from such damage or the repair thereof.
If TENANT exercises the option to terminate the Agreement, TENANT must immediately vacate the premises on the day the notice is given or pay a pro rata share of the rent until the 15 days notice has expired. If the TENANT remains after that time then the TENANT will be considered a holdover TENANT and treated as such.
If neither party has given the notice of termination as herein provided, and the entire premises were deemed untenable and not in anyway due to the result of an accident, negligence, default, or willful act by the TENANT, its family, guests, invitees or employees or any other person on the premises no matter for how long, then LANDLORD shall proceed to repair the premises, and the lease shall not terminate, and all conditions, terms and covenants of the lease shall remain in effect. LANDLORD shall not be liable for any damages, inconvenience or annoyance to TENANTS resulting in any way from such damage or the repair thereof.
If the premises shall be partially damaged or partially destroyed by fire, the elements or an act of God, and not in anyway due to the result of an accident, negligence, default, or willful act by the TENANT, its family, guests, visitors, invitees or employees or any other person on the premises no matter for how long, without substantial impairment of TENANT’S enjoyment of the premises, the damages shall be repaired by and at the expense of the LANDLORD and the rent until such repairs are made shall be apportioned according to the part of the premises if any which is unusable by TENANT. LANDLORD shall not be liable for any damages, inconvenience or annoyance to TENANTS resulting in any way from such damage or the repair thereof.
If the premises are partially damaged or partially destroyed as a result of wrongful or negligent act of TENANT, its family, guests, invitees or employees, or any other person on the premises no matter for how long, there shall be no apportionment or abatement of rent and TENANT shall pay any and all of the cost of repairs.
If the TENANT terminates the lease as allowed under this section then the TENANT, upon payment of any back rent, additional rent and a pro rata part of the running rent to the day the premises are surrendered, shall not be liable for any further rent under this Lease.
26.) ALTERATIONS
The TENANT shall not make any alterations, additions, improvements, or changes of any kind in or to the premises or fixtures thereof, nor permit any alterations, additions or changes to be done without the prior written consent of LANDLORD, nor shall TENANT in any manner paint, deface the walls, floors, or ceilings of said premises.
Any authorized additions or improvements made by TENANT such as shelving, light fixtures, etc., will remain the property of LANDLORD.
The LANDLORD’S consent to a particular alteration, addition, or change shall not be deemed a consent to any other particular alterations, additions, or changes, nor waiver of, a restriction against alterations, additions or changes for the future.
27.) PARKED MOTOR VEHICLES
TENANT SHALL NOT park any car, camper, trailer, boat or other item on any lawn, nor on any adjacent lot, unless TENANT has first obtained written permission from LANDLORD. All vehicles are to be in operating condition, with current registration, and parked in the driveway of said premises.
Vehicle(s) must be currently licensed, owned by TENANTS, registered, operational and properly parked. TENANTS agree to abide by all parking rules established now or in the future by LANDLORD, LANDLORD’S agent or condo/home association's rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats or commercial vehicles are allowed on or about the premises without LANDLORD’S prior written approval. TENANT is not to repair or disassemble vehicles on the premises, except within the confines of the garage, if there is one and the LANDLORD gives written consent to use the garage for that purpose. Vehicles not meeting the above requirements and additional rules of LANDLORD are unauthorized vehicles, subject to being towed at TENANT’S expense. Parking on grass is prohibited. TENANT also agrees to indemnify and hold harmless LANDLORD and LANDLORD’S agents for any expenses incurred due to the towing of any vehicles belonging to any family members, visitors, guests or invitees of TENANTS or any other person on the premises no matter how long they stay on the premises. TENANTS also agree to indemnify and hold harmless LANDLORD for all costs, penalties, fines, and attorney's fees in dealing with condo/homeowner's associations and or local governmental agencies who have cited the TENANT, its family members, guests, visitors, or invitees, or the property where the TENANT resides, for parking or vehicle violations. TENANTS agrees that only the following vehicles will be parked on the premises:
MAKE_____________________
TAG#_______________
MAKE_____________________
TAG#_______________
28.) PETS
The TENANT is not allowed to have any pets on the premises, unless the LANDLORD gives written permission for the TENANT to have pets and the TENANT pays a non-refundable pet fee in the amount of_____________ for every pet allowed by LANDLORD to be on the premises.
All pets on the property not registered under this agreement will be presumed to be strays, and will be disposed of by the appropriate agency as prescribed by law at LANDLORD’S option. Pet’s names and description:_____________________________.
All pets shall weigh 40 pounds or less unless the LANDLORD gives written permission to the TENANT to keep a pet that weighs more.
LANDLORD reserves the right to revoke permission for any pet(s) at any time for any reason. TENANT must maintain liability insurance for any pet on the property with LANDLORD named as additional insured. A copy of said certificate of insurance shall be delivered to LANDLORD within 20 days from date of occupancy. TENANTS will be responsible for FULL replacement cost of carpet walls, blinds, flooring or other items damaged in anyway by pet(s). TENANTS will also be responsible for any exterminating that may be required because of pet(s). The non-refundable pet fee is not to be applied to any damages caused by pet.
29.) FLOTATION BEDDING SYSTEMS
If a TENANT uses a flotation bedding system in a dwelling unit, the flotation bedding system shall not violate applicable building codes. If it does, it will not be allowed. The TENANT shall be required to carry in the TENANT’S name flotation insurance as is standard in the industry in an amount deemed reasonable to protect the TENANT and LANDLORD against personal injury and property damage to the dwelling units. In any case, the policy shall carry a loss payable clause to the LANDLORD of the building. Copies of these policies must be provided and accepted by the LANDLORD before the TENANT will be allowed to use a floating bedding system. And such acceptance by LANDLORD must be in writing. Any oral permission shall be deemed meaningless.
30.) OCCUPANTS OF PREMISES
TENANT agrees that only the following listed individuals shall occupy the premises unless prior written consent of LANDLORD is obtained to allow others to occupy the premises:
LANDLORD’S written approval is required to allow anyone else to occupy the Premises.
A reasonable number of bonafide houseguests are permitted to stay
for _____ DAYS and _______NIGHTS, in any calendar month but can stay no longer without the LANDLORD’S written consent. Guests shall have no pets, unless otherwise agreed to in writing by the LANDLORD. Guests are bound by the same rules of conduct as the TENANTS are under this lease, regarding pets and every other rule.
31.) TENANT’S RESPONSIBILITY FOR OTHER TENANTS AND PERSONS
Anyone not a signatory is not considered a TENANT. Every TENANT who is a signatory on this lease is responsible for the action of any other TENANT. Each TENANT is also responsible for any TENANT’S family members, visitors, guests, business invitees, invitees, employees, occupants, residents, and any other person who enters or visits the premises for any amount of time, no matter which TENANT gave consent to the person or persons to enter the premises.
Should a signatory to this lease vacate, surrender or abandon the premises the signatory will not be considered to have vacated, surrendered, or abandoned the premises until any and all other signatories have also vacated, surrendered, or abandoned the premises, as well as any and all non-signatories who are still living, residing, occupying, or staying at the premise have also vacated or abandoned the premises.
32.) ANY TENANT IS AN AGENT OF ANY OTHER TENANT WHO HAS SIGNED THIS LEASE, AS WELL AS AN AGENT OF ANY OTHER PERSONS ON PREMISES AT ANYTIME
Each TENANT signing this Rental Agreement stipulates and warrants that each TENANT has the right to sign for and to bind each other and or any other occupants of the premises to any and all terms herein and to any modifications, if any occur. But the TENANT who agrees has to be a signatory on the lease.
33.) ASSIGNATION AND SUBLETTING
The TENANT may not assign this agreement. The TENANT may not sublet any part of the premises without the written permission of the LANDLORD.
34.)LANDLORD’S ACCESS TO PREMISES AND OR TO ENTER THE PREMISES LANDLORD and or LANDLORD’S AGENT upon at least twelve (12) hours notice by telephone, oral communication, mail, hand-delivery or posting, has the right of entry to the premises for appraisals, inspections, to make necessary or agreed-upon repairs, decorations, alterations, improvements, supply agreed services, or to exhibit and or show the Premises to prospective or actual purchasers, mortgages, tenants, renters, buyers, workers, or contractors for any of the above-mentioned reasons or for any other reason. The TENANT shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time for the above-mentioned reasons.
LANDLORD shall enter the premise for any of the above purposes between the hours of 7:30 a.m. and 8:00 p.m., including Saturday and Sunday if necessary.
LANDLORD and or LANDLORD’S agent may place “FOR SALE” or “FOR RENT” signs on the premises at any time.
LANDLORD and or LANDLORD’S agent has immediate right of entry in cases of emergency or to protect or preserve the premises. Should TENANT change the locks, TENANT must provide LANDLORD and or LANDLORD’S agent with a key to all locks, immediately after the change is made.
If TENANT is absent from the Premises for a period of at least one-half a Rental Installment period, and the rent is not current, then LANDLORD and or LANDLORD’S agent may enter the premises at anytime for any reason. If however, the rent is current and TENANT notifies LANDLORD in writing of an intended absence, then LANDLORD may enter premises only with the TENANT’S consent or at any time for the protection, inspection or preservation of the Premises.
The LANDLORD may enter the dwelling unit when necessary for the further purposes set forth in this paragraph under any of the following circumstances:
With the consent of the tenant;
In case of emergency;
When the tenant unreasonably withholds consent.
Should TENANT fail to permit LANDLORD and or his agent to enter the premises for any of the purposes described herein, TENANT shall be responsible to LANDLORD for liquidated damages in the amount of $100.00 per event. Said liquidated damages will be deemed to apply if the TENANT refuses to give LANDLORD permission to enter the premises, make an appointment with LANDLORD to enter the premises, changes the lock so that LANDLORD cannot enter the premise, or has a dog or other animal which makes entry to the premises dangerous or inconvenient for LANDLORD, LANDLORD’S agent or repair personnel. In the event LANDLORD AND OR LANDLORD’S agent deems TENANT to have incurred any such penalty, LANDLORD and or LANDLORD’S AGENT shall notify TENANTS of said penalty in writing and LANDLORD and or LANDLORD’S agent shall thereafter be entitled to treat such damages as additional rent and such additional rent shall be treated the same as rent. The damages shall be due at the same time the monthly rent is due. It is also agreed that if such payment is not paid when due then whatever is owed may be put in a three-day notice and it is agreed the three-day-notice shall not be deemed defective for including such damages in it. The LANDLORD and or LANDLORD’S agent may also deduct what is owed from TENANT’S security deposit or any other deposits made by TENANT if LANDLORD so chooses.
35.)TENANT’S ARE RESPONSIBLE FOR LANDLORD’S EXPENSES REGARDING TENANT’S ACTIONS
If LANDLORD is cited for anything the TENANT, its family members, visitors, invitees, guests or employees do, whether on purpose or by accident, mistake, unintentionally, or by negligence, the TENANT will be responsible for paying LANDLORD for any costs, expenses, fines, attorneys fees or any other monies the LANDLORD has to pay because of what TENANT, its family members, visitors, invitees, guests or employees did. All monies due shall be considered additional rent and treated as such.
36.) INDEMNIFICATION AND RISK OF LOSS
LANDLORD shall not be liable for any personal damages or personal injury or any loss of property by fire, theft, breakage, burglary, hurricane, act of war, act or terrorism, act of God, or by any other means whatsoever, nor for any accidental damage or otherwise, including, but not limited to any contents, belongings and personal effects of TENANT or TENANT’S family, agents, employees, guests, visitors, or any other person in or about or on the premises, or any part thereof, or in common areas thereof, unless such damage is the proximate result of the negligence or unlawful act of LANDLORD, his agents or his employees. TENANT agrees to hold LANDLORD and his agent harmless from any claims for damages no matter how caused, except for injury or damages for which LANDLORD is legally responsible. The LANDLORD shall not be liable to persons or property in or about the leased premises or building or common areas. TENANT hereby covenants and agrees to make no claim for any such damages or loss against LANDLORD, but to purchase needed insurance, or to provide self-insurance in adequate amounts to offset any risk.
The TENANT covenants and agrees that the TENANT will at all times indemnify and hold and save harmless the LANDLORD from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, causes of actions, of every kind and nature and anything else whatsoever arising or growing out of or in any way connected with the TENANT’s use, occupation, management, or control of premises.
Furthermore, LANDLORD does not have a duty to protect TENANT from criminal and or negligent acts of third parties.
37.) RENTER’S INSURANCE
TENANT must obtain and show proof of renter’s insurance prior to moving into premises. Such insurance must be for no less than $300,000 and the LANDLORD must be named as an additional insured on such policy.
38.) EMINENT DOMAIN
If the whole or any part of the demised premises shall be taken by any public authority under the power of Eminent Domain or Inverse Condemnation, then the term of this Lease shall cease as of the date possession is taken by such public authority, and all rentals shall be paid up to that date, and the LANDLORD will not owe the TENANT any damages as a result of such Eminent Domain and or Inverse Condemnation.
39.) BANKRUPTCY
TENANT’S filing and or declaring bankruptcy will not excuse TENANT of paying rent and additional rent when due. Eviction proceedings may be brought against TENANT for failing to pay rent and additional rent when due. Even if a Bankruptcy Judge prevents LANDLORD from bringing a suit for money against TENANT then LANDLORD will still be allowed to file a lawsuit for just possession of the premises. After any bankruptcy action ends, TENANT shall still owe LANDLORD any and all debt still owed to LANDLORD.
39.a) HOMESTEAD WAIVER
TENANT hereby waives and renounces for himself and family any and all homestead and exemption rights he may have now, or hereafter, under or by virtue of the constitution and laws of Florida, or of any other state, or of the Unites States, against the payment of said rental or any portion hereof, or any obligation or damage that may accrue under the terms of this agreement.
If the TENANT shall become insolvent or if bankruptcy proceedings shall be begun or against TENANT, before the end of said term the LANDLORD is hereby irrevocably authorized at its option, to forthwith cancel this lease, as for a default. LANDLORD may elect to accept rent from such receiver, trustee, or other judicial officer during the term of their occupancy in their fiduciary capacity without affecting LANDLORD's rights as contained in this lease, but no receiver, trustee or other judicial officer shall ever have any right, title or interest in or to the above described property by virtue of this lease.
40.) SUBORDINATION
This lease is subordinate to the lien of any mortgage encumbering the fee title to the Premises from time to time.
41.) LIENS
TENANT shall not have the right or authority to encumber the Premises or to permit any person to claim or assert any lien for the improvement or repair of the Premises made by TENANT. TENANT shall notify all persons performing work on the Premises at TENANT’S request that the Lease does not allow any liens to attach to LANDLORD’S interest.
42.) RADON GAS
As required by law, LANDLORD makes the following disclosure: "RADON GAS." Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.
Any injuries, sickness, damages or losses that TENANT or any of its relatives, employers, employees, friends, business invites, guests or anyone suffers from Radon gas shall not be the responsibility of the LANDLORD. TENANT will hold LANDLORD harmless for any such sickness, damages or losses that occur to any of the aforementioned persons.
43.) LEAD BASED PAINT WARNING
Only applicable if residence was built before January 1, 1978.
LEAD-BASED PAINT. Check and complete if the dwelling was built before
January 1, 1978.
Lead Warning Statement: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead
exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, LANDLORD must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. TENANT must also receive a federally approved pamphlet on lead poisoning prevention.
LANDLORD’S Disclosure (initial)
___ (a) Presence of lead-based paint or lead-based paint hazards (check (i) or
(ii) below):
(i) ___ Known lead-based paint and/or lead-based paint hazards are present in
the housing (explain).
_______________________________________________________________________
_______________________________________________________________________
(ii) ___ Lessor has no knowledge of lead-based paint and/or lead-based
paint
hazards in the housing.
___ (b) Records and reports available to the lessor (check (i) or (ii) below):
(i)___ Lessor has provided the TENANT with all available records and reports
pertaining to lead-based paint and/or lead-based paint hazards in the housing
(list documents below).
_______________________________________________________________________
_______________________________________________________________________
(ii) ___ Lessor has no reports or records pertaining to lead-based paint and/or
lead-based paint hazards in the housing.
TENANT’S Acknowledgment (initial)
___ (c) TENANT has received copies of all information listed above.
___ (d) TENANT has received the pamphlet Protect Your Family From Lead in Your
Home.
LANDLORD’S Agent's Acknowledgment (initial)
___ (e) Agent has informed the LANDLORD of the LANDLORD’S obligations under 42
U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.
CERTIFICATION OF ACCURACY
The LANDLORD and TENANT agree that they have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate.
_______________________________________________________________________
LANDLORD Date LANDLORD Date
_______________________________________________________________________
LANDLORD’S AGENT Date
_______________________________________________________________________
TENANT Date TENANT Date
44.) MOLD
TENANT agrees to indemnify against and hold harmless LANDLORD for any and all sickness to any persons, including the TENANT, who enter the premises, as a result of any mold that may be in or on said premises. TENANT agrees to be solely responsible for preventing mold from growing in or on said premises and for getting rid of any mold that is found in or on the premises when the TENANT moves into the premises.
45.) NOTICES
Any and all notice to LANDLORD shall be in writing and shall be given by certified or registered mail, return receipt requested, or by hand delivery to LANDLORD or LANDLORD’S Agent. None of the notices will be deemed received until the LANDLORD or LANDLORD’S agent actually receives it in his hand.
Any and all notice to TENANT, EXCEPT when asking for permission from TENANT to enter TENANT’S premises, shall be in writing, and given by registered or certified mail, return receipt requested, or by U.S. mail, faxed, or delivered to TENANT at the TENANT’S Premises. If TENANT is absent from the Premises, a notice to TENANT may be given by leaving a copy of the notice at the Premises. Should TENANT refuse to accept or sign for any registered or certified mail sent by LANDLORD such refusal will be deemed an acceptance of the notice at the time the registered or certified mail was first placed in the mail. As soon as a letter is placed in the U.S. mail by the LANDLORD it will be deemed received by the TENANT. As soon as LANDLORD posts any notice on TENANT’S premises it shall be deemed received by TENANT. The LANDLORD can use any or all of the abovementioned types of deliveries when delivering any such notice. The date of the earliest receipt of any such notice shall be deemed the time such notice was received by TENANT.
46.) ADDRESSES FOR NOTICES
All notices shall be sent to:
LANDLORD:
TENANT:
47.) ADDRESS PUT ON THREE-DAY, SEVEN DAY NOTICE
Any address provided by LANDLORD or LANDLORD’S AGENT that is given on a three-day or seven-day notice may be different than the address the LANDLORD has in this lease for where the Defendant has to deliver any rent or additional rent. Any seven-day or three-day notice that has a different address than the address in the lease agreement shall be deemed valid. The address listed on the three-day notice and seven- day notice if different than the address in this lease is the address where compliance with such notices must be made within the allotted time.
48.) BINDING UPON HEIRS, ETC…,
The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted assigns of LANDLORD and TENANT, subject to the requirements specifically mentioned in the Lease.
49.) SALE OF PREMISES
Should the premises be sold, TENANT will continue to pay the current LANDLORD any and all rent and additional rent owed until title to the premises switches to a new LANDLORD. If any money is still owed to the current LANDLORD then that money up to the date title is switched to a new LANDLORD will still be owed to that last current LANDLORD prior to the new LANDLORD taking over the premises, and the last current LANDLORD will also retain the right to file a civil suit to reclaim that money. And if the last current LANDLORD prevails in that lawsuit the last current LANDLORD may also receive interest, costs, and reasonable attorneys fees. However, if the last current LANDLORD who sold the premises states in writing that any money still owed to him will be owed or assigned to the new LANDLORD then that money shall be sent to the new LANDLORD.
Any leases still current at the time the new LANDLORD receives title of the premises will remain in force and all rent and additional rent will from that point on be made to the new LANDLORD or whomever else the new LANDLORD designates to receive such money.
50.) FORECLOSURE
Should their be a final judgment of foreclosure entered against the current LANDLORD, TENANT shall be liable to pay rent to the LANDLORD until a final judgment of Foreclosure is entered. After a final judgment of foreclosure has been entered TENANT may be evicted by the new LANDLORD of the land unless the new LANDLORD decides to abide by any current lease. In any event, the last LANDLORD prior to the new LANDLORD taking over the premises is not liable to TENANT for any loss, injuries, or damages that result by a final judgment of foreclosure being entered against the aforementioned last LANDLORD.
51.) FAXED COPY OR XEROX COPY SHALL BE CONSIDERED AN ORIGINAL, IF THE ORIGINAL SIGNED LEASE CANNOT BE FOUND
A facsimile and or Xerox copy of the Lease that has been signed by all LANDLORDS and TENANTS to the lease (the LANDLORD and TENANT) shall be considered for all purposes originals if the originals cannot be found.
52.) CANCELLATION CLAUSE
The LANDLORD may cancel this lease at anytime for any reason whatsoever. However the cancellation must be in writing and give the TENANT thirty days to vacate the Premises. If the TENANT refuses to vacate after the thirty days notice has been given then the TENANT will be considered a holdover TENANT, and the LANDLORD can bring a suit for eviction without giving any further notice.
The TENANT may cancel this lease at anytime for any reason whatsoever. However, the cancellation must be in writing and give the LANDLORD thirty days notice of the last day the TENANT intends to stay at the premises. The TENANT must also pay a cancellation fee of two months rent simultaneously with the written notice to the LANDLORD. If the fee is not given simultaneously with the written notice to the LANDLORD, then the cancellation will be of no effect. Also, the LANDLORD has the right to refuse the TENANT’S cancellation for any reason whatsoever. Unless the TENANT’S cancellation is accepted in writing by the LANDLORD at the time of receipt of TENANT’S cancellation notice, then TENANT’S notice of cancellation will be of no effect.
53.) MILITARY/U.S. CIVIL SERVICE. [ ] Check if applicable.
In the event TENANT, who is in the Military/U.S. Civil Service, should receive government orders for permanent change of duty station requiring TENANT to relocate away from the Premises, then TENANT may terminate the Lease without further liability by giving LANDLORD 30 days advance written notice and a copy of the transfer order.
54.) RENEWAL/EXTENSION
The Lease can only be renewed or extended by a written agreement signed by both LANDLORD and TENANT. A TENANT must give at least 60 days written notice of its intention to either renew the lease for another year or of its intention to vacate the premises at the end of the term. If the TENANT decides to renew the lease for another year then a new lease agreement will be entered into prior to the new term starting. If the TENANT refuses to sign a new lease after the term has started the TENANT will be considered a TENANT at sufferance and at will.
55.) REMEDIES; TENANT HOLDING OVER
If the TENANT holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the written permission of the LANDLORD, the LANDLORD may recover possession of the dwelling through eviction proceedings without having to give any notice to the TENANT. The LANDLORD can if the LANDLORD so chooses also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the TENANT refuses to surrender possession without notice to the TENANT.
Any TENANT who holds over will be a tenant at sufferance and at will, whose tenancy shall be month to month, and whose tenancy can be terminated at anytime without notice. Furthermore all terms, provisions, and covenants of the last lease the tenant signed, if any, shall remain in effect during the time the TENANT refuses to surrender the possession of the premises or any part thereof.
This lease also remains in effect for any TENANT who has written permission to stay month to month after the lease term expired, and has not yet signed a new lease. Any permission must be in writing to be effective. Any oral permission to stay after the lease term has expired is null, void and invalid. A person does not have permission to stay after the lease term has expired just because the LANDLORD has not yet filed an eviction or taken any other affirmative action to evict TENANT.
56.) TENANT’S PERSONAL PROPERTY
All goods and chattels placed or stored in or about the premises are at the risk of the TENANT. No rights of storage are given by this Agreement.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, OF THE FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.
For the purposes of this section, abandonment shall be as set forth in Florida Statute, 83.59(3)(c).
57.) EARLY TERMINATION OF LEASE
No agreement to accept surrender of the Premises from TENANT before the lease expires will be valid unless in writing and signed by LANDLORD. LANDLORD and TENANT agree that termination of this Agreement by TENANTS prior to ___________, regardless of any reason including but not limited to a three-day notice, and abandonment, BUT other than the valid exercise of the cancellation clause as described above, or written permission of the LANDLORD, will constitute breach of the tenancy, and all deposits, including last months rent, shall be forfeited in favor of the LANDLORD. In addition, the TENANTS shall remain liable for any physical damage suffered by the property during the term of their possession and shall also be liable for any unpaid rent and any additional rent during the term of this lease, as well as any future rent and or additional rent or any liquidated damages or any other monies that become due under this lease, including but not limited to Attorney’s fees and costs.
58.) ABANDONMENT
If TENANT leaves said premises unoccupied for at least one-half a Rental Installment period while any partial or full amount of rent or additional rent is due and unpaid, TENANT will be deemed to have abandoned the premises and LANDLORD is granted the right hereunder to take immediate possession thereof and to exclude TENANTS there from and removing at TENANT’S expense, all of TENANT’S property. Any removal of LANDLORD’S property without express written permission from the LANDLORD shall constitute abandonment and or surrender of the premises, and termination by the TENANT of the Rental Agreement, and allow LANDLORD to take immediate possession and exclude TENANT from the property.
59.) PAYMENTS AT TERMINATION
Any payments owed to LANDLORD by TENANT after the lease has been terminated, surrendered, or abandoned will remain outstanding and LANDLORD may bring suit to recover such payments. If TENANT makes any payments after the Lease has been terminated, surrendered or abandoned the acceptance of those payments by LANDLORD will not in any way reinstate, continue or extend the term of this lease.
60.) DEFAULT
A material default or breach of any of the terms, covenants or conditions of this lease may at the LANDLORD’S option result in immediate termination of this lease. What is considered material shall be in the sole discretion of the LANDLORD. What is a material breach of this lease does not have to specifically be referred to as a material breach in this lease for it to be a material breach of this lease.
61.) SURRENDER OF PREMISES
TENANT shall quit and surrender the premises at the end of the term or any renewal thereof, in the same condition as when received, reasonable wear and tear excepted.
a.) Return of Keys
TENANT agrees to return keys within 24 hours after vacating the premises. If the TENANT fails to return the keys within that time, the TENANT shall be considered a holdover and liable for rent at double the stated rate until said keys are returned.
62.) CHECK PAID IN FULL
Should LANDLORD accept any check by TENANT that says “paid in full,” “Settlement” or in any other way suggests negotiating the check will release TENANT from any other payments he may owe, such notations shall be of no effect. Any payments still owed will remain owed until paid in full, unless LANDLORD indicates in writing that the TENANT no longer owes the LANDLORD any money.
63.) TERMS OF LEASE
If any terms of this lease are deemed unconscionable or improper under the law, then those provisions shall be deemed deleted, but the rest of the provisions of this lease will remain intact. Both LANDLORD and TENANT further agree that any sentence or paragraph will not be completely deleted if crossing out a word or words and not the entire sentence or paragraph will make the paragraph, sentence, or term valid under Florida law at the time this Lease was signed. In other words, an entire paragraph shall not have to be deleted just because one sentence or sentences are invalid as long as after deleting the sentence or sentences the rest of that paragraph is valid under Florida law at the time this lease was signed. And if one word or words are deleted in a particular sentence then the entire sentence shall not be deleted if the rest of the sentence is valid under Florida law at the time this Lease was signed.
64.) NON-WAIVER OF RIGHTS
A waiver by LANDLORD of a breach of any covenant, duty or condition of TENANT under this LEASE, is not a waiver of a breach of any other covenant, duty or condition of TENANT or of any subsequent breach of the same covenant, duty or condition.
No failure of LANDLORD to enforce any term hereof shall be deemed a waiver. The acceptance of rent by LANDLORD shall not waive his right to enforce any term hereof. The waiver of any breach of any term or condition hereof shall not be deemed a waiver of any subsequent breach, whether of like or different nature.
Any waiver must be in writing and signed by both LANDLORD AND TENANT. Any waiver not in writing shall not be considered a waiver.
Any exercise, or failure to exercise, by the LANDLORD of any right shall not act as a waiver of any rights.
65.) NOT AN AFFIRMATIVE DEFENSE
The fact that the LANDLORD may enforce rules against some TENANTS and not others shall not be a defense to any action taken by LANDLORD against TENANT who has been cited for violating the rules that others have violated and not been sited for.
66.) APPROVAL OF LEASE
This Rental Agreement is subject to the approval of the LANDLORD and or LANDLORD’S Agent.
67.) CHOICE OF LAW
This agreement shall be interpreted and construed in accordance with the laws of the State of Florida as they existed at the time this lease was entered into, unless there is a change in law that is deemed to be applied retroactively to the time this lease was entered into, and such change in law cannot be waived by agreement.
68.) NON-JURY TRIAL ONLY
It is agreed that both LANDLORD and TENANT are hereby knowingly, voluntarily and intentionally waiving their right to a jury trial concerning any lawsuit arising from this Tenancy. A Non-Jury trial in front of a Judge is the only option.
69.) VENUE
Venue for enforcement of this lease shall lie exclusively in Brevard County, Florida.
70.) ATTORNEY’S FEES AND COSTS
If LANDLORD or LANDLORD’S agent employ an attorney due to TENANT’S violation of the terms and/or conditions or covenants of this agreement, TENANTS shall be responsible for costs, reasonable attorneys fees (at $175.00 per hour), and any other fees and costs, as incurred by LANDLORD whether or not suit is filed.
Any letters, three-day notices, seven-day notices or any and all other notices that are posted, mailed, or hand-delivered to TENANT will cost the TENANT $75.00 for each letter, three-day notice or seven-day notice, whether or not a lawyer was hired and in addition to any attorneys fees if an attorney is hired.
In the event that LANDLORD successfully defends any law suit, action (including, but not limited to the courts, the local and/or state Association of Realtors, the Better Business Bureau, mediation or any administrative state agency) arising out of this Lease brought directly or indirectly by TENANT or TENANT’S representative, LANDLORD shall be reimbursed its attorney fees (at the rate of $175.00 per hour), court costs (if any) and for LANDLORD’S time (at the rate of $75.00 per hour) in defending such action by TENANT.
All costs, attorneys’ fees, interest, and or any other payments that become due without a lawsuit being filed will be considered additional rent and will become due at the same time the next rental installment is due. Such costs may also appear in a three-day notice and such notice shall not be deemed defective for having such costs in it.
71.) ENTIRE AGREEMENT
This lease, exhibits and attachments, if any shall constitute the entire agreement between the LANDLORD and TENANT and supersedes all prior agreements, covenants, promises, understandings, representations, warranties, expressed or implied. No prior written or contemporaneous oral promise, covenants, understandings, representations, warranties, express or implied shall be binding upon either party.
No waiver, modifications, additions, amendments, conditions, representations, warranties , agreements or alterations to this Lease shall be valid unless in writing and signed by both the Lessor and one of the TENANTS.
Any oral modification to this lease is of no effect even if there was a meeting of the minds regarding such oral modification, and despite the law that suggests an oral modification may be valid in certain instances even if the lease states that any and all modifications to the lease must be in writing.
THE TENANT AGREES THAT ANY AND ALL MODIFICATIONS TO THIS LEASE NOT IN WRITING ARE NOT ENFORCEABLE AND OF NO EFFECT, EVEN IF AN OTHERWISE VALID ORAL MODIFICATION WAS IN FACT MADE BY THE LANDLORD AND OR THE LANDLORD’S AGENT.
Any representations, warranties, either implied or expressed, made by LANDLORD, LANDLORD’S agent, or the employees or independent contractors of LANDLORD OR LANDLORD’S agent, not specifically incorporated in writing in this agreement or attached hereto, shall in no way be binding upon the LANDLORD and TENANT.
72.) FALSE INFORMATION
The providing of false information to LANDLORD or LANDLORD’S agent on the rental application is grounds for termination of this agreement by LANDLORD without notice. In this event, the LANDLORD and TENANT agree that any and all of TENANT’S deposits and/or prepaid rents shall be forfeited to the LANDLORD.
73.) TENANT AGREES TO EVERYTHING WRITTEN IN THIS LEASE
TENANT agrees to agree to everything written in this lease whether or not a sentence or paragraph starts with the words “TENANT agrees,” or contains the word agrees, agree or agreement in any such sentence or paragraph.
74.) TENANT’S UNDERSTANDINGS
The TENANTS acknowledge that they have read and understand all of the provisions of this Agreement.
75.) INTERPRETATION OF CONTRACT
I do not need an interpreter and can understand the Rental Agreement in its entirety.
I have provided an interpreter for renting the property and interpreting the Rental Agreement. My interpreter's name is:_______________________________
Address:__________________________ ID
COPY of Interpreter's identification attached.
__________________________________
__________________________________
LANDLORD
TENANT
__________________________________
__________________________________
LANDLORD TENANT
__________________________________
__________________________________
LANDLORD'S
AGENT
TENANT
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