FLORIDA RESIDENTIAL LEASE AGREEMENT
__________________________ and _________________________
Apartment Unit #________ of the _______________ Apartments, located at _____________________, Fort Lauderdale, Florida (the "Premises").
In consideration of the mutual covenants contained herein, Lessor does hereby lease, let and demise to Lessee, and Lessee hereby leases from Lessor, the Premises upon the terms and conditions set forth herein and in the Conditions of Lease and Exhibits attached hereto.
This Lease shall commence on ________________________, 20__ and end on _________________________, 199__. Thereafter, the term of this Lease shall automatically continue for additional thirty (30) day periods unless terminated by either party upon written notice received by the other party at least fifteen (15) days prior to the beginning of the next thirty (30) day period.
The monthly rent shall be $________________.00 plus applicable sales tax due on such rental for a total of $_____________.00 per month.
Lessee shall maintain a security deposit with Lessor of $____________.00.
IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed on their behalf as of this _____ day of ______________, 20____.
CONDITIONS OF LEASE
1.1. . Monthly rent shall be due and payable on the first day of each month during this Lease. If the commencement date of any term hereunder is not the first day of a month, the monthly rent for the first and last month of this Lease shall be prorated accordingly. Upon execution of this Lease, Lessee shall provide Lessor with the first month's rent ($_____________.00) and security deposit ($_____________.00), collectively totaling $_____________.00.
1.2. Lease Contingency. This Lease is expressly contingent upon Lessee completing a rental application form supplied to Lessee by Lessor. If this contingency is not satisfied prior to Lessee occupying the Premises, then this Lease shall terminate and the parties shall be relieved of all duties and responsibilities under this Lease.
TAXES, UTILITIES AND INSURANCE
2.1. Taxes and Assessments. Lessee shall pay, as the same become due and payable, all taxes, assessments and charges of any kind whatsoever accruing upon commencement of the Lease that may at any time be lawfully assessed or levied against or with respect to property constructed, installed or brought in or on the Premises by Lessee.
2.2. . Lessor shall pay for cause to be paid all charges for water, sewer and gas used, rendered or supplied to the Premises. Lessee shall pay or cause to be paid all charges for electricity, light, heat, power, telephone and other utility services used, rendered or supplied to the Premises.
2.3.1 Liability Insurance. Throughout the term of this Lease, Lessee shall obtain and maintain, at Lessee's sole cost, comprehensive general public liability insurance including fire, legal liability and contractual liability coverage in a company or companies licensed to do business in the State of Florida and approved by Lessor. Said insurance shall be in minimum amounts approved by Lessor from time to time and shall name Lessor as an additional insured thereunder. Initially, Lessee agrees to maintain general liability insurance in the minimum amount of $500,000 combined single limit for injury to any number of persons in a single occurrence and for damage to property. The limit of said insurance shall not, however, limit the liability of the Lessee hereunder. Lessee shall furnish to Lessor evidence of such insurance together with evidence of any excess liability insurance which Lessee may carry. In addition, if requested by the holder of any mortgage against the Premises, said insurance shall also include such mortgagee as an additional insured as its interest may appear. If requested by Lessor, receipts evidencing payment of the premium for such insurance shall be delivered by Lessee at least annually, and each such policy shall contain an endorsement prohibiting cancellation or reduction of coverage without first giving Lessor thirty (30) days prior written notice of such proposed action.
. Lessee shall also maintain insurance upon all property situated in the premises owned by Lessee or for which Lessee is legally liable and on fixtures and improvements installed in the Premises by or on behalf of Lessee. Such policies shall be for an amount equal to not less than 100% of the full replacement cost, with coverage against at least fire, and with standard extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage coverage. If there is a dispute as to the replacement cost amount, the decision of the Lessor shall be conclusive.
2.3.3 Failure to Procure Insurance. In the event Lessee shall fail to procure insurance required under this Section and fail to maintain the same in full force and effect continuously during the term of this Lease, Lessor shall be entitled to procure the same and Lessee shall immediately reimburse Lessor upon demand for such premium expense.
3.1. . Lessee shall use the Premises only as a permanent single family residential dwelling and for no other permitted uses. Lessee covenants and agrees to keep the Premises clean and orderly, and shall refrain from using any portion of the Premises or the surrounding areas as a dumping ground for rubbish, committing any waste to the Premises or the surrounding areas in any manner whatsoever, or disturbing Lessee's neighbors. Lessee shall be prohibited from allowing any pets to occupy the Premises without the prior written consent of Lessor, which consent may be granted or withheld at Lessor's sole discretion. Lessee shall park up to two (2) residential motor vehicles in areas designated by Lessor. Lessee shall be expressly forbidden from making repairs to any motor vehicles on or about the Premises, including, but not limited to, changing oil of motor vehicles, changing of flat tires or dead batteries excepted.
3.2. . Lessee agrees, at its own expense, to comply with all laws, orders and regulations of federal, state and municipal authorities and with any lawful direction of any public officer which shall impose any duty upon Lessee with respect to the use of the Premises. Lessee further agrees to comply with the Rules and Regulations for the Premises, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference.
3.3. . Provided Lessee is not in default with the terms of this Lease, Lessee shall peaceably and quietly enjoy the Premises without any disturbance from Lessor.
3.4. . Lessee may not sublease the Premises or assign its rights under this Lease in whole or in part without the prior written consent of Lessor, which consent may be granted or withheld in Lessor's sole discretion. Notwithstanding any such sublease or assignment, however, Lessee shall remain liable for the performance of all obligations contained in this Lease unless Lessor releases Lessee in writing.
3.5. Surrender of Premises. At the expiration or termination of this Lease, Lessee shall leave and surrender the Premises in as good a state and condition as they were in at the commencement of the Lease term, reasonable use and wear of the Premises excepted.
4.1. . The Premises are being leased "as is" and Lessee hereby accepts the Premises in such condition, subject to the other provisions of this Lease. Lessor shall maintain the Premises in good repair and good condition, reasonable wear and tear excepted, subject to notification by Lessee of the need for such repairs and Lessee's obligation to pay for damages caused by Lessee, or Lessee's family, guests, invitees or employees. Notwithstanding the foregoing, Lessor is not responsible to Lessee for conditions created or caused by the wrongful or negligent act or omission of Lessee, the Lessee's family, tenants, invitees, employees or servants, Lessor's failure to fulfill the agreements contained herein within a reasonable period of time shall not affect Lessee's obligation to promptly pay the rent as and when the same shall become due and payable under this Lease, nor give Lessee any right of abatement or withholding or escrowing of rental payments, except as maybe otherwise provided under Florida law.
4.2. Lessee's . Lessee may, at its own expense and with the prior written consent of Lessor, make such alterations, additions and improvements to the Premises (including but not limited to painting or wallpapering the Premises) as Lessee may deem reasonably necessary or desirable. Upon the expiration or termination of this Lease, Lessor shall have the sole option of (a) accepting such alterations, additions and improvements as the property of Lessor or (b) requiring Lessee to remove all or any portion thereof of such alterations, additions and improvements and restoring that portion of the Premises to a condition substantially similar to their condition at the inception of this Lease, reasonable wear and tear excepted. Lessee shall not have the authority to, and shall not, permit any lien, charge or encumbrance of any kind whatsoever to be placed upon the Premises, and Lessee shall discharge any such lien, charge or encumbrance within fifteen (15) days' written notice from Lessor.
4.3. . In the event of damage or destruction of all or any portion of the Premises which was not caused by Lessee and which renders the Premises unsuitable for Lessee's use, as reasonably determined by Lessee, Lessee shall have the option to terminate this Lease.
4.4. . In the event of condemnation or other similar taking or transfer due to governmental order of all or any portion of the Premises which renders the Premises unsuitable for Lessee's use, as reasonably determined by Lessee, Lessee shall have the option to terminate this Lease. Lessor shall be entitled to the entire proceeds of any condemnation award.
5.1. . The occurrence of any one or more of the following shall constitute an "Event of Default" hereunder:
(a) Failure by Lessee to pay any amount required hereunder within five (5) days after such amount has become due; or
(b) Failure by Lessee to perform any other covenant, condition, agreement or provision contained herein or any of the Rules and Regulations attached hereto as Exhibit "A" and incorporated herein by reference within seven (7) days after receipt by Lessee of written notice of such failure; or
(c) Commencement of bankruptcy, insolvency, assignment for the benefit of creditors or receivership proceedings in respect of Lessee.
5.2. . In the event Lessee defaults under the terms and conditions of this Lease, as set forth above, Lessor at its option, shall have the immediate right to enter and remove all persons and property from the Premises and such property may be removed and stored in a warehouse or elsewhere at the cost of, and for the account of Lessee, and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Should Lessor elect to re enter as herein provided, or should Lessor take possession of the Premises pursuant to legal proceedings, Lessor may either terminate this Lease or may, from time to time without terminating this Lease, make such alterations, improvements and repairs to the Premises as may be necessary in order to relet the Premises, and may relet the Premises or any part thereof for such term or terms (which may be for a term extending beyond the term) and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion may deem advisable, and upon each such reletting all monies received by Lessor from such reletting shall be applied, first, to the payment of any indebtedness other than Lessee Payments due hereunder from Lessee to Lessor; second, to the payment of any costs and expenses of such relating, including brokerage fees and attorneys fees and costs of such alterations, improvements and repairs, third, to the payment of any Lessee Payments due and unpaid hereunder, and the residue, if any, shall be held by Lessor and applied towards the payment of future tenant payments due hereunder as the same may become due and payable hereunder. In no event shall Lessee have any right to any monies received by the Lessor from any reletting other than to have such monies applied toward the indebtedness of Lessee to Lessor as aforesaid, and to the extent such monies exceed any indebtedness of Lessee, same shall be the sole property of Lessor. If such rentals and other monies received from such reletting during any month is less than the Lessee Payments to be paid during that month by Lessee hereunder, Lessee shall pay any such deficiency to Lessor. Such deficiency shall be calculated and paid monthly. No such retry or taking of possession of the Premises by Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Lessee by Lessor. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for such previous default by written notice to Lessee. Should Lessor at any time terminate this Lease for any default, in addition to any other remedies it may have, it may recover from Lessee all damages incurred by reason of such breach, including the cost of recovering and reletting the Premises as referred to above, reasonable attorneys fees and including the worth at the time of such termination of the excess, if any, of the amount of all Lessee Payments reserved in this Lease for the remainder of the term, over the then reasonable rental value of the Premises for the remainder of the term, all of which amount shall be immediately due and payable from Lessee to Lessor to re enter the Premises upon default by Lessee, but Lessor may, at its option, do nothing with respect to the Premises and hold Lessee responsible for all Lessee payments due Lessor as and when same accrue, from time to time thereafter. In addition to the foregoing, if Lessee's possession of the Premises is terminated due to a monetary default of Lessee, then Lessor will have the right to accelerate all of the Lessee Payment installments remaining due throughout the term upon written notice to Lessee, whereupon same shall become due and payable immediately. Lessor's remedies hereunder are cumulative and furthermore, Lessor may, at its option, not pursue any of the remedies aforementioned and may avail itself of any other remedies available to Lessor as provided by law.
5.3. Failure to Pay Rent. Notwithstanding anything contained herein, if a rent payment is not paid by the 5th day of any month, Lessee shall pay a late charge of $________________ on the 6th day of such month.
5.4. Holding Over. If Lessee or any other person or party shall remain in possession of the Premises or any part thereof following the expiration of the term or earlier termination of this Lease without an agreement in writing between Lessor and Lessee with respect thereto, the person or party remaining in possession shall be deemed to be a tenant at sufferance, and during any such holdover, the rents and other amounts payable under this Lease by such tenant at sufferance shall be double the rate or rates in effect immediately prior to the expiration of the term or earlier termination of this Lease. In no event, however, shall such holding over be deemed or construed to be or constitute a renewal or extension of this Lease.
6.1. . It is covenanted between Lessor and Lessee that Lessee shall have full, complete and exclusive control and possession of the Premises, and that, therefore, Lessee shall be exclusively responsible and liable to any third parties by reason of any damage or personal injury of any kind, whether occasioned by any breach or default caused by Lessee or any other cause. In furtherance of this Paragraph 6.1, Lessee shall indemnify and save harmless Lessor of and from any and all fines, suits, claims, demands, penalties, losses and actions (including attorneys' fees) for any injury to persons or damage to or loss of property in or about the Premises provided such injury or damage was not caused by the intentional or willful misconduct of Lessor. Lessee shall immediately notify Lessor if Lessee becomes aware of any safety or health hazards on or about the Premises, including, but not limited to, the failure of smoke detection systems at the Premises.
6.2. . Lessor may, at all reasonable times, enter the Premises to make a walk-through examination and to make any necessary repairs on the Premises. Lessor shall use all reasonable efforts to notify Lessee of such entrance except in the case of an emergency in which case notification would not be required. Nothing in this Paragraph 6.2 shall require Lessor to make any repairs to the Premises which would otherwise be the responsibility of Lessee. Lessor may, at all times, enter the Premises to show the Premises to prospective tenants and purchasers and Lessee agrees to cooperate with Lessor during such visits. Lessee shall, at all times, be prohibited from changing the locks to the Premises.
6.3. . Each of the parties represents and warrants there are no claims for brokerage commissions or finders' fees in connection with the execution of this Lease, and each of the parties agrees to indemnify and hold harmless the other from any and all liabilities, costs and expenses (including attorneys' fees) arising from any such claim.
6.4. . The relationship between the parties hereto shall be solely as set forth herein and neither party shall be deemed the employee, agent, partner or joint venturer of the other.
6.5. . Lessee shall deposit and keep deposited with Lessor a security deposit as security for the faithful performance of Lessee's payment and other obligations hereunder. Such deposit shall be returned to Lessee at the end of this Lease pursuant to that terms of that certain Security Deposit Agreement entered into by the parties on even date herewith, a copy of which is attached hereto.
6.6. . Each and every covenant and agreement herein shall be separate and independent from any other and the breach of any covenant or agreement shall in no way or manner discharge or relieve the performance of any other covenant or agreement. Each and all of the rights and remedies given to either party by this Lease or by law or equity are cumulative, and the exercise of any such right or remedy by either party shall not impair such party's right to exercise any other right or remedy available to such party under this Lease or by law or equity.
6.7. . No delay by Lessor in exercising or omission of the right to exercise any right or power shall impair any such right or power, or shall be construed as a waiver of any breach or default or as acquiescence thereto. One or more waivers of any covenant, term or condition of this Lease by Lessor shall not be construed by Lessee as a waiver of a continuing or subsequent breach of the same covenant, provision or condition. The consent or approval by Lessor to or of any act by Lessee of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act.
6.8. . In the event of any controversy arising under or relating to the interpretation or implementation of this Lease or any breach thereof, the prevailing party shall be entitled to payment for all costs and attorneys' fees (both trial and appellate) incurred in connection therewith.
6.9. . This Lease together with any Exhibits or attachments hereto and other written agreements entered into contemporaneously herewith constitutes and represents the entire agreement between the parties hereto and supersedes any prior understandings or agreements, written or verbal, between the parties hereto respecting the subject matter herein. This Lease may be amended, supplemented, modified or discharged only upon an agreement in writing executed by all of the parties hereto. This Lease shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns, subject, however, to the limitations contained herein. In the event any provision of this Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
6.10. . This Lease shall be governed by and construed in accordance with the laws of the state in which the Premises are situated.
6.11. . This Lease is and shall be subject and subordinate, at all times, to the lien of any mortgages or deeds of trust which now affect the Premises.
6.12. Security Bars. Lessee acknowledges that the windows to the Premises may be equipped with security bars. In such event, Lessee further acknowledges that the windows in the master bedroom contains an exiting safety devise to be used by Lessee in the event of a fire at the Premises. Lessee agrees to immediately notify Lessor if Lessee has any questions regarding the use or operation of such exiting safety devise.
6.13. Worthless Checks.
6.13.1. Lessee hereby acknowledged that all late fees, worthless check fees and any other fees accrued pursuant to this Lease Agreement shall be construed as rent and shall be included in any statutory notices relevant to the payment of rent, including, but not limited to, a three (3) day notice for non-payment of rent pursuant to Florida Statute Section 83.56(3). Lessee further acknowledges that Florida Statues Section 68.065 entitled Actions to Collect Worthless Checks, Drafts, or Orders of Payment, Attorney's Fees, and Collection Costs, shall govern over any conflicting lease provision.
6.13.2. In the event a worthless check is received, a written demand shall be delivered by certified or registered mail, evidence by return receipt, to the maker or drawer of the check, draft, or order of payment. The form of such notice shall be substantially as follows:
You are hereby notified that a check numbered _________ issued by you on _____________(date), drawn upon _________________________________(name of bank), and payable to _______________________, has been dishonored. pursuant to Florida law, you have thirty (30) days from receipt of this notice to tender payment in cash of the full amount of the check plus a service charge of $15.00 or 5% of the face amount of the check, whichever is greater, the total amount due being $___________________ and ___________ cents. Unless this amount is paid in full within the thirty (30) day period, the holder of the check or instrument may file a civil action against you for three times the amount of the check, but in no case less than $50.00, in addition to the payment of the check plus any court costs, reasonable attorneys' fees, and any bank fees incurred by the payee in taking the action.
6.13.3. Service of the above notice shall not prevent Lessor from serving a three (3) day notice and pursuing all remedies available under Florida Statutes Section 83 and other applicable statutory and contractual provisions.
6.14. 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 public health unit, pursuant to Section 404.056(8), Florida Statutes.
6.15. . All notices or other communications shall be deemed given by: (1) personal delivery, telephone facsimile, or overnight courier, where such notice is followed up by certified mail, return receipt requested, or (2) a written notice mailed via certified mail, return receipt requested; such notices to be addressed to the parties at the addresses set forth below:
6.17. No Offset Against Rent. In the event that Lessee shall at any time during the term of this Lease have a claim against Lessor, Lessee shall not have the right to offset or deduct the amount allegedly owed to Lessee from any rent or other sums payable to Lessor hereunder, it being understood that Lessee's sole remedy for recovering upon such claim shall be to institute an independent action against Lessor.
. In the event Lessee is awarded a money judgement against Lessor, Lessee's sole recourse for satisfaction of such judgement shall be limited to execution against the Premises assets of Lessor. In no event shall any personal liability for satisfaction of any claims or judgements that Lessee may have against Lessor.
6.15. Lessor's Lien. Lessor shall have lien upon, and Lessee hereby grants to Lessor a security interest in, all personal property and equipment of Lessee located in the Premises, and all accounts receivable, rents, monies, or other consideration paid or to be paid to Lessee with respect to any sublease, assignment, transfer or encumbrance of Lessee's interest in this Lease or the Premises, or any portion thereof (no consent to the same by Lessor being hereby implied), as security for the payment of all rent and the performance of all other obligations of Lessee required by this Lease. In order to perfect and enforce said lien and security interest, Lessee agrees to execute all required financing statements. At any time after a default by Lessee hereunder, Lessor may seize and take possession of any and all personal property and equipment belonging to Lessee which may be found in and upon the Premises. If Lessee fails to redeem the personal property and equipment so seized by payment of all sums due Lessor under and by virtue of this Lease, Lessor shall have the right, after twenty (20) days' written notice to Lessee, to sell such personal property and equipment so seized at public or private sale and upon such terms and conditions as to Lessor may appear advantageous. After the payment of all proper charges incident to such sale, the proceeds thereof shall be applied to the payment of any and all sums due to Lessor pursuant to this Lease. In the event there shall be any surplus remaining after the payment of all sums due to Lessor, such surplus shall be paid over to Lessee. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto.
RULES AND REGULATIONS
These Rules and Regulations, together with the obligations in the Lease, are a part of the Lease and are specifically made a part thereof.
1. Only those pets for which a separate Pet Agreement has been signed will be allowed within the Premises.
2. Entryways, stairways, landings should not be used for children's play areas and shall be kept clear of bicycles, carriages, toys, waste receptacles, footwear, umbrellas, milk boxes, doormats, or other articles at all times.
3. Laundry facilities may be used only at the times directed by Lessor, and in accordance with specially posted restrictions. No rugs, linens, or other items shall be hung or shaken from the windows, balconies, stairways, or landings.
4. All trash and garbage is to be placed inside the provided dumpsters. All boxes should be flattened before disposal. Large items, such as discarded furniture, must be arranged for pick up and disposal at Lessee's expense.
5. No sign, signal, illumination, advertisement, notice or any other lettering, or equipment shall be exhibited, inscribed, painted, affixed, or exposed on or at any window or any part of the outside or inside of the apartment or the Building without the prior written consent of the Lessor.
6. No awnings or other projections including air conditioners, television or radio antennas or wiring shall be attached to or extended from the outside walls of the Premises.
7. Lessee shall not alter any lock or install a new lock, knocker, peephole, or other attachments on any door of the apartment without the written consent of Lessor. Lessee shall provide Lessor with a complete set of keys for any new lock so approved for purposes of access by Lessor.
8. Washing of cars will be permitted only in areas designated by Lessor.
9. No noise, music or other sounds, or conduct, shall be permitted at any time in such a manner as to disturb or annoy other residents of the building.
10. The water closets, basins and other plumbing fixtures shall not be used for any purposes other than those for which they were designed; no sweepings, rubbish, rags or any other improper articles shall be thrown into them. Any damage resulting from misuse of such facilities shall be paid for by the Lessee.
11. No interior alternations, painting, or redecorating of the structure, or of a permanent nature, may be done to the apartment without written approval of Lessor. Lessee may not install or use any additional major appliances such as washers, dryers, freezers, portable dishwasher, etc., without prior written consent of Lessor.
12. Lights should be turned off and special appliances disconnected and all doors and windows closed tight when no one is occupying your apartment for a period of three (3) consecutive days or more.
13. These rules may be added to or amended from time to time by Lessor, and such amendments will become effective immediately upon notification by Lessee.
ACKNOWLEDGEMENT AND RECEIPT
ADDRESS OF UNIT:
THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF:
2 APARTMENT KEYS
1 MAILBOX KEY
LESSEE(S) FURTHER AGREE TO RETURN THE ABOVE KEYS TO Lessor AT MOVE OUT, OR PAY A $80.00 CHARGE PER KEY TO BE DEDUCTED FROM THE SECURITY DEPOSIT.
DATED THIS DAY OF ________________, 20____ .
ACKNOWLEDGEMENT AND CONSENT
The undersigned (hereafter called "Lessee") is/are aware of the security bars attached to the windows in Lessee's unit and acknowledge that DKBERT Assoc. (hereafter called "Lessor") has fully explained the purpose of the security bars in Lessee's unit and how to operate the release devise, if any. Lessee also acknowledges that Lessee has been advised by Lessor to periodically test the release devise and to report any malfunctions or potential problems to Lessor immediately. If the security bars in the unit do not have any release devise, Lessee acknowledges that Lessor has informed Lessee of this fact.
Lessee further acknowledges that Lessor has instructed Lessee on the need to develop a plan of escape in case of emergency and has informed Lessee of all existing exits available to the unit. Based on the above, with full knowledge of the risk of being trapped in the unit with malfunctioning release devises or no release devices at all, resulting the inability to remove the security bars, Lessee has voluntarily chosen to retain all security bars in the unit as installed and hereby informs Lessor of this decision.
ADDENDUM RE: ELECTRICITY
I, THE UNDERSIGNED, AGREE TO HAVE THE ELECTRICITY TRANSFERRED INTO MY NAME AS OF THE LEASE BEGINNING DATE. I UNDERSTAND THAT DKBERT ASSOC. WILL NO LONGER BE RESPONSIBLE FOR THE ELECTRICITY AS OF THAT DATE.
SECURITY DEPOSIT AGREEMENT AND NOTICE TO LESSEE
PURSUANT TO SECTION 83.49 (As of 2012 Law), FLORIDA STATUTES
_________________________ and _________________________
Apartment Unit of the Apartments, located at , Fort Lauderdale, Florida (the "Premises").
1. Security Deposit. Lessor hereby acknowledges receipt from Lessee of the sum of:
$ (Premises Deposit)
$ (Pet Deposit)
$ (Security Deposit)
which represents the security deposit payments under the Lease, which shall hereinafter be defined as "Security Deposit".
2. Refund of Security Deposit. Lessor agrees to refund the Security Deposit to Lessee upon satisfaction of all of the following conditions, except as modified by exercise of the cancellation option contained in Lessee's Lease or the other provisions of said Lease.
A. Expiration of the term of the Lease, or termination of the Lease in accordance with the express provisions thereof.
B. Payment by Lessee of all rental required under the Lease, up to and including the date of expiration or termination of the term of the Lease, or up to and including the final day of the fifteen (15) day notice period, whichever is longer.
C. Thorough cleaning of the premises, including all kitchen appliances (refrigerator, oven, range, dishwasher, baths, closets, storage areas, patios/balconies, etc.) so as to be in the same condition as same were in on the commencement date of the term of the Lease, normal wear and tear excepted.
D. An absence of defects in or damage to the Premises, whether caused by Lessee, pets, or otherwise, unless included on the written list of damages and defects as set out in Lessee's Lease.
E. Observance and performance by Lessee of all of the other covenants and obligations of Lessee under the Lease, from the date of commencement of the Lease up to the final of the fifteen (15) day notice period, whichever is longer.
F. Observance and performance by Lessee of all rules and regulations pertaining to Lessee under the Lease, including, without limitation, those rules and regulations pertaining to pets.
G. PROVISION BY LESSEE TO LESSOR OF FIFTEEN(15) DAYS WRITTEN NOTICE PRIOR TO THE DATE OF EXPIRATION OR termINATION OF THE term OF THE LEASE.
H. Provision by Lessee to Lessor in writing of Lessee's forwarding address.
I. Complete vacation of the entire premises by Lessee on or before the date specified in the required written fifteen (15) day notice of cancellation of Lessee's Lease from Lessor.
A. By execution of this Agreement, Lessee acknowledges receipt of a copy of the provisions of Section 83.49(3), Florida Statutes (1987), which provides:
(3)(a) Upon the vacating of the premises for termination of the lease, the Lessor shall have fifteen (15) days to return the security deposit together with interest if otherwise required, or in which to give the Lessee written notice by certified mail to the tenant's last known mailing address of his 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 you security deposit within fifteen (15) days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. You objection must be sent to .
If the Lessor fails to give the required noticed within the fifteen (15) day period, it forfeits its right to impose a claim upon the security deposit.
(b) Unless the Lessee objects to the imposition of the Lessor's claim or the amount thereof within fifteen (15) days after receipt of the Lessor's notice of intention to impose a claim, the Lessor may then deduct the amount of its claim and shall remit the balance of the deposit to the Lessee within thirty (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 its right to the security deposit, the prevailing party is entitled to receive its court costs plus a reasonable fee for its attorney. The court shall advance the cause on the calendar.
B. Manager agrees to refund the Security Deposit to Lessee, after deducting therefrom all damages or charges for which Lessee is legally liable under the Lease, this Security Deposit Agreement, in accordance with the provisions of Florida law.
Any deductions shall be made from the entire Security Deposit (premises deposit and pet deposit) regardless of whether the damage or other charges have been caused by the pet or the Lessee.
4. Withholding of Rent. Lessee acknowledges that Lessee shall have no right to apply any portion of the Security Deposit to rent due and payable under the Lease, and that the entire monthly rent shall be paid on or before the due date each month during the term of the Lease, including the last month of occupancy.
5. Move-Out Procedures. With Lessee moves out of the premises, an inspection of the condition of same shall be made after all of the personal effects of Lessee have been removed. Lessee should accompany Lessor during said inspection to help resolve any problems that may arise. Failure of Lessee to do so shall constitute a concurrence by Lessee in Lessor's assessment of charges for damages or cleaning. After inspection by Lessor, appropriate charges will be assessed by Lessor for any missing items, damages or repairs to the premises, or its contents (normal wear and tear excepted); insufficient light bulbs; scratches, burns or holes in the walls, doors, floors, draperies, carpets and/or furniture; and for cleaning the premises (including all kitchen appliances). A charge of $5.00 for each unreturned key (including mail-box key) will be made, and an $80.00 charge for replacing locks shall be assessed if all door keys to the premises and laundry room are not returned to Lessor.
6. Failure to Occupy Premises. If, for any reason, except for delay caused by construction, the holding over of a prior resident, or disapproval of the rental application, the undersigned does not take occupancy of the premises as provided for in this Lease, damages will be assessed against the Security Deposit for the cost of reletting the premises and Lessor shall have all rights and remedies available to it under the Lease and Security Deposit Agreement.
WAIVER OF EXTERMINATING SERVICE
I understand that all exterminating of Apartment #___________ is my responsibility and will be done on a monthly basis.
LESSOR LEASE ADDENDUM
RE: LOCK OUTS AFTER BUSINESS HOURS
Lessor shall not be required to open the apartment if a resident looses or misplaces apartment keys. Lessee shall contact ____________________ locksmith and arrange for access to the apartment at Lessee's sole cost and expense.
PET FEE AGREEMENT
THIS PET FEE AGREEMENT is made and entered into this ______ day of __________________, 20_______, by and between DKBERT Assoc. (hereinafter "Lessor"), and (hereinafter "Lessee").
WHEREAS, the parties have entered into a Lease Agreement dated __________, 20_____ for that portion of Lessor's property located at Fort Lauderdale, Florida (the "Premises"); and
WHEREAS, the parties agree that this Pet Fee Agreement is entered into and becomes a part of the Lease Agreement; and
WHEREAS, Lessee has paid Lessor a Pet Fee in the sum of $__________________, NON-REFUNDABLE, and a REFUNDABLE deposit of $____________________.
NOW THEREFORE, for and in consideration of the sum specified above, the mutual covenants and benefits provided herein and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged by the parties hereto, the parties hereto have agreed and hereby agree as follows:
1. Lessor shall allow Lessee to house one (1) small domestic pet on the premises provided said pet shall not weight over 20 pounds at full growth.
2. The Pet Fee shall be retained by Lessor to pay for damages inflicted by Lessee's pet upon the premises.
3. Lessor agrees that upon vacating the premises, Lessee shall claim the apartment thoroughly of fleas or other damages of said pet to Premises.
4. Lessee agrees to assume, pay and hold Lessor harmless as to all claims Lessor may have against Lessee that might or may arise by reason of actions of Lessee's pet inflicting injury or damage to nay persons or property.
5. Lessee agrees that said pet shall be kept on a leash at all times when outdoors, and Lessee understands that failure to do so will result in Lessee's pet being picked up by proper authorities. Pets must also be walked in designated pet walk areas.
6. Lessee agrees that Lessee's pet shall not create excessive noise or disturbance on Premises and that Lessor shall have the right to require Lessee to remove Lessee's pet from the Premises within 72 hours notice if Lessor determines, at Lessor's sole discretion, that said excessive noise and disturbance is annoying to other residents.
7. Lessee shall be responsible for use of a scoop devise to remove pet waste from grounds other than in designated pet walk areas.
IN WITNESS WHEREOF, the parties have executed these presents the day and year first above written.
I understand that all vehicles parked at _____________________________________________ will be there by the written consent of the Lessor. Said written consent will be signified by the issuance of a parking permit decal.
I understand that I am being issued parking decal(s) for the following vehicles:
Decal # Vehicle Tag #
Decal # Vehicle Tag #
Decal # Vehicle Tag #
The following vehicles and practices are prohibited from the community:
A. Motorcycles, mopeds, scooters or other forms of motorized cycles (this includes visitors).
B. Commercial vehicles.
C. Recreational vehicles, campers, boats, motorhomes.
D. Trucks and/or trailers (the small "S-10" class trucks will be permitted with Lessor's approval).
E. Unsightly, unused or vehicles not properly equipped and displaying a current license tag.
F. Repairs and/or disjointment of any vehicles.
I understand that my vehicle brought into the community must comply with these guidelines. I likewise understand that any change in my vehicle status must be reported to the Lessor within 24 hours.
Failure to comply with these policies will result in the vehicle being towed at the owner's expense.
This document is a sample Florida Residential Lease Agreement related to a specific set of facts and circumstances and should not be used for any residential lease matter. This form is being provided for illustrative purposes only and should not be relied upon as legal advice. We recommend and urge you to consult with an experienced real estate lawyer for professional advice as each case is unique and the law is constantly changing. All Rights Reserved.
Additional Representations, Warranties and Disclaimer.
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, WE OFFER THIS DOCUMENT AS-IS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE FORM, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
Additional Limitation on Liability.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS DOCUMENT OR THE USE OF THIS DOCUMENT, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.