Residential Lease For Single Family Home
I. TERM AND
PARTIES.
This is a lease (“the Lease”) for a period of 12 months
(the “Lease Term”), beginning August 1, 2002 and ending July 31, 2003, between Frank Land & Sally
Land, Landlord and George Renter & Mary Renter, Tenant and Thomas M. Leinbaugh,
Broker / Moeller Realty Inc., Rental Agent. (In the Lease, the
owner, whether one or more, of the property is called “Landlord.” All persons
to whom the property is leased are called “Tenant.”)
II. PROPERTY
RENTED.
Landlord, in consideration of the rent reserved to be paid by
Tenant and of the other covenants and agreements herein contained, leases to
Tenant the land and building located at 1806 NW 34th Terrace,
Gainesville, FL
32601, together with the following furniture, equipment and
appliances: Oven-range,
Refrigerator, Dishwasher, Disposal, Paddle fans (6) "as-is",
Auto-garage door opener, Smoke detector. (In the Lease, the
property leased, including furniture and appliances, if any, is called “the
Premises.”)
III. RENT
PAYMENTS.
Tenant, in consideration of the demise and of the covenants
and agreements made herein by the Landlord, leases said Premises for said term
and promises to pay to Landlord, his representatives or assigns as rental for the
leased Premises, the total sum of $12,000.00. Said rent is payable in installments
of $1,000
each (the Lease Payment) and shall be due without demand or billing, in
advance, on or before the first (1st) day of each month. (Tenant understands
that this may require early mailing.) Tenant shall pay the rent and all other
charges required to be paid under the Lease by cash, by a single valid personal
check made payable in the full amount, or by money order. No partial payments
will be accepted. (In the event a check bounces for any reason, Landlord may
require payment in cash or certified funds.) Landlord has appointed the above
Rental Agent to collect the Lease Payment and to perform Landlord’s
obligations. Lease Payments should be made out to: Moeller Realty Inc.
IV. LATE
CHARGES.
In the event any Lease Payment is received more than three (3)
days late, a late charge of 5%
of the Lease Payment shall be due. Any Lease Payment received more than seven (7)
days late shall be subject to a late charge of 10%, subject to the Landlord’s
right to terminate this Lease prior to the acceptance of the Lease Payment. In
the event a check is returned as non-negotiable for any reason whatsoever or an
eviction notice must be posted, the Tenant agrees to pay a service charge of 5% of the
Lease Payment amount for each returned check and for each posting. The Tenant
agrees that the above late fees and other charges may be deducted from Tenant's
security deposit if they have not been paid when owed. The acceptance by the
Landlord of Lease Payments after the due date of any month shall not be construed
as a waiver of Landlord’s right to demand timely performance of the Lease.
Receipt by the Landlord of less than the full amount of the rent due shall not
affect the Landlord’s right to terminate this Lease for non-payment of rent.
All undersigned Tenants are JOINTLY AND SEVERALLY LIABLE under this Lease
regardless of whom might be occupying the Premises, and any Tenant is
authorized to act for all the Tenants. Each Tenant is responsible for the
entire rent under the Lease. In the event Tenant terminates this Lease prior to its expiration date,
Tenant will be liable for the balance of the rent for the remainder of the
Lease Term.
V. DEPOSITS AND
ADVANCE RENT.
Tenant agrees to pay Landlord the sum of $1,000.00 as a security for the
prompt payment of the Lease Payments and other sums due or which may become due
hereunder and for the performance of all agreements herein of Tenant. This security deposit shall
never be construed or intended to be applied as rent, but may be applied
against rent and against late charges in the event of a default by Tenant in
the payment of said rent or late charges to the Landlord. Tenant also agrees to
pay Landlord the sum of $1,000.00 as the last month’s rent deposit under this Lease. In
the event Tenant terminates this Lease prior to its expiration date, said
deposits are non-refundable as a charge for Landlord’s trouble in securing a
new tenant, but Landlord reserves the right to seek additional damages if they
exceed the above amounts.
|
Charges
|
Amount
Owed
|
Amount
Collected
|
Balance
Due
|
|
First Month’s Rent
|
$1,000.00
|
$1,000.00
|
0.00
|
|
Security Deposit
|
$1,000.00
|
$1,000.00
|
0.00
|
|
Last Month’s Rent
|
$1,000.00
|
$1,000.00
|
0.00
|
|
Pet Fee
|
200.00
|
200.00
|
0.00
|
|
Total
|
$3,200.00
|
$3,200.00
|
$0.00
|
VI. USE OF
PREMISES.
(a)
Tenant shall use the Premises exclusively as a private
dwelling residence, and neither the Premises nor any part thereof shall be used
at any time during the Lease Term by the Tenant for the purpose of carrying on
any business, profession, or trade of any kind. Tenant agrees that the Premises
shall be occupied by only 2 adults and 2
children. All adults residing at the
Premises shall have their name placed on the Lease as Tenants and shall execute
a copy of this Lease. Failure to do so shall result in breach of said Lease by
Tenant.
(b)
Occasional overnight guests are permitted. An
occasional overnight guest is one who does not stay more than five (5) nights
in any calendar month. Landlord’s written approval is required to allow anyone
else to occupy the Premises. No pet or animal of any kind (except one cat) shall be kept or allowed
in or surrounding the Premises at any time for any reason unless authorized in
writing by Landlord or Rental Agent.
(c)
The parking space provided by Landlord at the Premises shall be used only
for parking automobiles owned by the Tenant or his short-term guests. Parking
shall not be permitted elsewhere on the Premises at anytime, including the
lawn. No boats, trailers, recreational vehicles, commercial vehicles, vehicle
without a current license or registration, or disassembled automobiles may be
stored on or surrounding the Premises.
(d) Tenant
shall not keep any dangerous or flammable items that might increase the danger
of fire or damage on the Premises without Landlord’s consent. Tenant shall not
create any environmental hazards on or about the Premises. Tenant shall not
permit the Premises to be used for any purpose that will increase the rate of
insurance or cause a nuisance for Landlord or neighbors. Tenant shall not
destroy, deface, damage, or remove any part of the Premises belonging to
Landlord, nor permit any person to do so. Tenant may not make any alterations
or improvements to the Premises (including the application of paints, stains,
nails or screws to the woodwork, walls, floors or furnishings) without first
obtaining landlord’s written consent to the alteration or improvement and all
such alterations or improvements shall become the property of the Landlord. If
Tenant adds or changes locks on the Premises or installs or alters any burglar
alarm system, Landlord shall be given copies of the keys capable of unlocking
all such re-keyed or new locks as well as instructions on how to disarm any
altered or new burglar alarm system. Landlord shall at all times have keys for
access to the Premises in case of emergencies.
(e)
Tenant shall at all times conform with and obey, and require
anyone on the Premises to obey, all laws, ordinances, rules, regulations, and
restrictions that apply to the Premises, including laws prohibiting the use,
possession or sale of illegal drugs. Tenant must act, and require all other
persons on the Premises to act, at all times in a manner that does not
unreasonably disturb or inconvenience any neighbors or constitute a breach of
the peace. In
particular, violations of the City of Gainesville’s noise ordinances (Chapter
15 of the Code of Ordinances), animal control ordinances (Chapter 5 of the Code
of Ordinances), solid waste ordinances (Article III of Chapter 27 of the Code
of Ordinances and Section 27-73), yard maintenance ordinance ( Sections 13-171
and 30-341) or the provisions of Section 30-57 concerning habitation by more
than one family, shall be a material breach of the Lease by the Tenant and
grounds for termination of the Lease.
VII.MAINTENANCE.
(a)
Tenant stipulates
that he has examined the Premises and acknowledges that they are in good order,
repair, and a safe, clean and tenantable condition, except as otherwise herein
specified; and, in consideration of the reduced rental rate, Tenant agrees to
keep the Premises in good order and repair and to do all minor maintenance
promptly (under $50.00 excluding labor). All such maintenance, repairs
and replacements shall be made by an appropriately licensed firm or individual,
or other mutually acceptable person. Tenant agrees to pay for all such minor
repairs and maintenance to the Premises, its contents, and to all other parts
of the property, and to pay for all repairs which are undertaken without the
Landlord’s or the Rental Agent’s specific written consent and for all repairs
which are necessitated by any misuse, waste, neglect, or lack of care on the
part of the Tenant, members of Tenant’s family, visitors, agents or any
invitee. Said repair and maintenance costs shall be payable by Tenant as additional
rent. Tenant is responsible for taking reasonable precautions in order to
protect plumbing fixtures, pipes, etc. from adverse weather conditions. All
stoppages of plumbing (unless due to roots or structural defect) after the
first 30 days of the Lease are the responsibility of the Tenant. Tenant agrees
to locate the water shut-off valve for the water supply to the property and
agrees to shut off the water supply in case of a water leak in order to avoid
further damage until a plumber arrives. Tenant agrees to pay for pest control
if desired and to maintain the lawn and shrubbery on the Premises at his
expense. If Tenant fails to keep lawn mowed and edged and in good condition or
fails to keep shrubbery and hedges trimmed, Landlord reserves the right to hire
a lawn service and the Tenant shall be responsible for the expense. Tenant
agrees that there has been no promise made to decorate, alter, or improve the
Premises unless otherwise herein specified in writing.
(b)
At all times during the Lease Term, Tenant shall comply
with all obligations imposed upon tenants by applicable provisions of building,
housing, and health codes; keep the Premises clean and sanitary; remove all
garbage from the dwelling unit in a clean and sanitary manner; keep all
plumbing fixtures in the dwelling unit clean, sanitary, and in repair; replace
(or clean, if permanent type) air conditioning filters as and when needed, but
at least once every other month; and use and operate in a reasonable manner all
electrical, plumbing, sanitary, heating, ventilating, air conditioning, and
other facilities and appliances.
(c) Landlord will make necessary major repairs (over $50.00 excluding labor) to the Premises and appliances
therein within a reasonable time after Tenant notifies Landlord or Rental Agent
of the need for repairs. Tenant agrees to notify Landlord or Rental Agent
immediately of any defects or dangerous conditions in and about the Premises of
which Tenant becomes aware.
VIII.UTILITIES.
Tenant shall be responsible for arranging for and paying for
all utility charges on the property including electric, gas, water, sewer,
telephone, trash collection, and cable TV charges. Tenant shall pay all charges
for hook-up, connection, and deposit for providing all utilities and utility
services. Tenant must maintain the electric and water service for the entire
Lease Term. The Tenant shall be responsible for having all utilities
disconnected upon leaving the Premises. Landlord shall be responsible for all
other fees, including property taxes, association fees and special assessments.
IX. LANDLORD’S
ACCESS TO PREMISES.
Landlord or Landlord’s Agent may
enter the Premises in the following circumstances:
(a) At
any time for the protection of the Premises.
(b) To
inspect the Premises; make repairs, decorations, alterations, or improvements;
supply agreed services; or exhibit the Premises to prospective or actual
purchasers, mortgagees, tenants, workers, or contractors under any of the
following circumstances:
(i)
with Tenant’s consent;
(ii)
in case of emergency;
(iii) after
reasonable notice to Tenant at reasonable times. ("Reasonable notice"
is defined as 24
hours and "reasonable times" is defined as between the hours of 10 AM and 6 PM.)
(iv)
if Tenant is absent from the Premises for a period of at least
one-half a Rental Installment Period. (If the rent is current and Tenant
notifies Landlord of an intended absence, then Landlord may enter only with
Tenant’s consent or for the protection or preservation of the Premises.)
X. CASUALTY
DAMAGE.
If the Premises are damaged or destroyed other than by
wrongful or negligent acts of Tenant or persons on the Premises with Tenant’s
consent, so that the use of the Premises is substantially impaired, Tenant may
terminate the Lease within 30 days after the damage or destruction and Tenant
will immediately vacate the Premises. If Tenant vacates, Tenant is not liable
for rent that would have been due after the date of termination. Tenant may
vacate the part of the Premises rendered unusable by the damage or destruction,
in which case Tenant’s liability for rent shall be reduced by the fair rental
value of the part of the Premises that was damaged or destroyed
XI. DEFAULT.
In the event of a default
in the performance of any of the covenants of this Lease and by reason thereof
the Tenant or the Landlord employ the services of an attorney to enforce
performance of this Lease or to perform any services relating to said default,
then in any of said events, the defaulting party agrees to pay a reasonable
attorney’s fee and all expenses and costs incurred by the prevailing party
pertaining thereto and in enforcement of any other remedy. If default shall be
made in payment of the rent, or if Tenant shall violate any of the covenants of
this Lease, then Tenant shall become a tenant at sufferance and Landlord shall
be entitled immediately to terminate this Lease, to re-enter and re-take
possession, and to recover damages from Tenant including any and all costs and
attorney’s fees. Landlord may retain security deposit as forfeiture charge if
Tenant fails to comply with terms of this Lease.
XII.ASSIGNMENT
AND SUBLEASING.
Tenant may not assign the Lease or sublease all or any part
of the Premises without first obtaining Landlord’s written approval and consent
to the assignment or sublease. At the time of any approved sub-lease or
assignment of leasehold interest, an administrative fee of $200.00 shall be
charged by Landlord to Tenant. Tenant shall be responsible also for all costs
incurred under this provision, including costs for advertising and for
obtaining credit reports.
XIII.RISK OF
LOSS.
Landlord shall not be liable for any loss by reason of
damage, theft, or otherwise to the contents, belongings and personal effects of
the Tenant, or Tenant’s family, agents, employees, guests or visitors located
in or about the Premises, or for damage or injury to Tenant or Tenant’s family,
agents, employees, guests or visitors. Landlord shall not be liable if such
damage, theft, or loss is caused by Tenant, Tenant’s family, agents, employees,
guests or visitors. Nothing contained in this provision shall relieve Landlord
or Tenant from responsibility for loss, damage, or injury caused by its own
negligence or willful conduct. Tenant shall be responsible for Renters’
Contents Insurance on his own property and personal belongings, and for
Personal Injury and Liability Insurance. Landlord shall not be liable for any
claim of damages or rebate or charge of any kind in case of the interruption of
the supply of water, heat, air conditioning, sewerage, electric current, or
refrigeration occasioned by accident, failure of power supply, or any other
cause beyond the control of Landlord. LANDLORD RECOMMENDS THAT TENANT SECURE
INSURANCE TO PROTECT HIMSELF AND HIS PROPERTY.
XIV.SECURITY.
Tenant agrees and acknowledges
that protection against criminal action is not within the power of the Landlord
or the Rental Agent, and even if security services are provided, those services
cannot be relied upon by Tenant and shall not constitute a basis for liability
in any manner for criminal or wrongful actions by others against Tenant or
invitees. Tenant agrees and acknowledges that neither Landlord nor Rental Agent
shall provide or have a duty to provide any security services to the Tenant.
Tenant shall look solely to the public police force for security protection.
XV.SUBORDINATION.
Tenant’s interest in the Premises shall be subject,
subordinate, and inferior to any liens or encumbrances now or hereafter placed
on the Premises, to any advances made under such encumbrances, and to any
extensions or renewals thereof. Tenant agrees to sign any documents indicating
such subordination which may be required by lenders.
XVI.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
parties performing work on the Premises at Tenant’s request that the Lease does
not allow any liens to attach to Landlord’s interest.
XVII.RENEWAL/EXTENSION.
The Lease can be renewed or extended only by a written
agreement signed by both Landlord and Tenant. Should Tenant remain in
possession of the demised Premises with the written consent of Landlord after
the natural expiration of this Lease, a new month-to-month tenancy shall be
created between Landlord and Tenant which shall be subject to all the terms and
conditions hereof but shall be terminated on 30-days’ written notice served
by either Landlord or Tenant on the other party.
XVIII.APPLICATION.
The statements or representations made by the Tenant on the
application submitted in connection with this Lease are material and
incorporated into this Lease by reference. Should any of them be false or
inaccurate, Tenant, at Landlord’s option, may be deemed in default under this
Lease.
XIX.POSSESSION.
If possession of the
Premises is not delivered to Tenant at the beginning of the term because the
same are not ready for occupancy or because of the holding over of any previous
occupant of Premises, Landlord shall not be liable in damages to Tenant
therefore, but during the period Tenant shall be unable to occupy the leased
Premises, the rental therefore shall be abated. If Landlord is not able to
deliver possession to Tenant within fifteen (15) days of the date named for the
commencement of said term, Tenant may cancel and terminate Lease. In the event
of such cancellation, and for this reason only, any funds previously given to
Landlord in consideration of this Lease will be refunded.
XX.ABANDONMENT.
If at any time during the term of this Lease the Tenant abandons the
Premises, Landlord may, at his option, enter the Premises by any means without
being liable for any prosecution therefor, and without becoming liable to
Tenant for damages or for any payment of any kind whatever, and may, at his
discretion, for Tenant’s account, relet the Premises for the whole or any part
of the then unexpired term, and may receive and collect all rent payable by
virtue of such reletting, and, at Landlord’s option, hold Tenant liable for any
difference between the rent that would have been payable under this Lease
during the balance of the unexpired term, if this Lease had continued in force,
and the net rent for such period realized by Landlord by means of such
reletting. If Landlord’s right to re-entry is exercised following abandonment
of the Premises by Tenant, then Landlord may consider any personal property
belonging to Tenant and left on the Premises to also have been abandoned, in
which case Landlord may dispose of all such personal property in any manner
Landlord shall deem proper and is hereby relieved of all liability for doing
so.
XXI.LANDLORD AND
RENTAL AGENT DISCLOSURE TO TENANT:
Pursuant to Chapter 4 of
the Rules adopted by the Florida Cabinet under the authority of §501.205, Florida
Statutes, Landlord makes the following disclosures to the Tenant:
(a)
In accordance with
the Landlord-Tenant Law, Chapter 73-330, Laws of Florida (FS 83.50) it is
necessary for the Landlord or a person authorized to enter into a rental
agreement on his behalf, to disclose in writing to the Tenant at or before the
commencement of the tenancy, the name and address of the Landlord, or persons authorized
to receive notices and demands otherwise. All notices of those names and
addresses, or changes thereto shall be delivered to Tenant’s residence or, if
specified in writing by the Tenant, to any other address.
(i)
The person so
authorized to enter into a rental agreement for Landlord and to receive notices
to Landlord
and all Lease Payments and to perform inspections on behalf of the Landlord is
as follows:
Manager: Thomas M. Leinbaugh, Licensed Real Estate
Broker
Telephone: (352) 376-4471
(ii) Mailing address for payments and all
correspondence:
Moeller Realty
Inc.
1008 NW 13th
Street
Gainesville,
Florida 32601.
(iii) RENTAL PAYMENTS SHOULD BE MADE OUT TO: Moeller Realty Inc.
(b)
No part of your
security deposit will be held in an interest bearing account. Landlord is
holding your security deposit in a
separate non-interest bearing escrow account
at:
SouthTrust Bank of Central Florida;
1717 NW 13th Street; Gainesville, Florida 32609 , for the benefit of the Tenant. This means that your
security deposit is held in said account and cannot be:
(i)
co-mingled with
other funds of the Landlord;
(ii) hypothecated, pledged or in any other way used by
the Landlord until such money is actually due the Landlord.
(c)
Your security
deposit money will be returned to you within fifteen (15) days after
termination of the Lease Agreement less any charges for damages above normal
wear and tear. You are also hereby informed of your right to recover the
deposit money under §83.49, Florida Statutes, which provides as follows:
“Upon
the vacating of the premises for termination of the Lease, the Landlord shall
have fifteen (15) days to return the security deposit together with interest if
otherwise required, or in which to give the tenant 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 §83.49(3), Florida Statutes. You are
hereby notified that you must object in writing to this deduction from your
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. Your
objection must be sent to: (Landlord’s address) .
If the Landlord fails to
give the required notice within the fifteen (15)-day period, he forfeits his
right to impose a claim upon the security deposit. Unless the tenant objects to
the imposition of the Landlord’s claim or the amount thereof within fifteen
(15) days after receipt of the Landlord’s notice of intention to impose a
claim, the Landlord may then deduct the amount of his claim and remit the balance
of the deposit to the tenant within thirty (30) days after the date of the
notice of intention to impose a claim for damages. If either party institutes
an action in Court of competent jurisdiction to adjudicate his right to the
security deposit, the prevailing party is entitled to receive his Court costs
plus a reasonable fee for his attorney. The Court shall advance the cause on
the calendar.”
(d)
AGENCY DISCLOSURE:
Thomas M. Leinbaugh, Licensed Real Estate Broker, Moeller Realty Inc., hereby
gives notice to the TENANT that he is an agent and representative of the
LANDLORD. The undersigned TENANT acknowledges that this written notice was
received before the TENANT signed a Lease Agreement to lease, in compliance
with §475.25(1)(q), Florida Statutes and Rule 21V-10.033, Florida
Administrative Code.
(e) LEAD-BASED PAINT WARNING STATEMENT: Every
renter of any interest in residential real property on which a residential
dwelling was built prior to 1978 is notified that such property may present
exposure to lead from lead-based paint that may place young children at risk of
developing lead poisoning. Lead poisoning in young children may produce
permanent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems, and impaired memory. Lead poisoning
also poses a particular risk to pregnant women. The Landlord is required to
provide the Tenant with any information on lead-based paint hazards from risk
assessments or inspection in the Landlord’s possession and notify the Tenant of
any known lead-based paint hazards.
(f)
RADON GAS
DISCLOSURE: (Notice to Prospective Tenant) 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 gas 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
§404.056(8), Florida Statutes.
(g)
COMPENSATION
DISCLOSURE: The TENANT acknowledges that Thomas M. Leinbaugh is being paid by
the LANDLORD. Pursuant to Rule 21V-13.003(2), Florida Administrative Code.
XXII.MISCELLANEOUS.
(a)
TIME IS OF THE ESSENCE OF THE LEASE.
(b)
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 requirement specifically mentioned in the Lease. Whenever
used, the singular number shall include the plural or singular and the use of
any gender shall include all appropriate genders.
(c)
The agreements contained in the Lease set forth the complete
understanding of the parties and may not be changed or terminated orally.
(d)
The captions as to contents of particular paragraphs herein
are inserted only for convenience and are in no way to be construed as a
limitation of the particular paragraphs to which they refer.
(e)
If the whole or any part
of the Premises shall be taken by any condemnation proceeding, this Lease shall
terminate at the time the condemning authority takes possession of the part so
taken. All damages awarded for such taking shall belong to and be the sole
property of Landlord.
(f)
No agreement to accept surrender of the Premises from Tenant
will be valid unless in writing and signed by Landlord.
(g)
All questions concerning the meaning, execution, construction,
effect, validity, and enforcement of the Lease shall be determined pursuant to
the laws of Florida.
(h)
In the event any section of this Lease shall be held to be
invalid, all remaining provisions shall remain in full force and effect.
(i)
Any failure by Landlord to exercise any rights under this
Lease shall not constitute a waiver of Landlord’s rights.
(j)
The place for filing any suits or other proceedings with
respect to the Lease shall be the county in which the Premises is located.
(k)
In any lawsuit brought to enforce the Lease under applicable
law, the party who wins may recover its reasonable court costs and attorney’s
fees from the party who loses.
(l)
Tenant shall be responsible for keeping smoke detectors
operational and for changing battery when needed. Tenant shall report to
Landlord or Rental Agent via certified mail concerning any malfunction of smoke
detectors and concerning the existence of any other safety hazard.
(m)
At the expiration of the Lease Term, Tenant shall immediately
surrender the Premises in as good condition as at the start of the Lease,
reasonable use and wear thereof and damages by the elements excepted; and
Tenant shall return to Rental Agent a complete set of keys to the Premises and
provide the Rental Agent in writing the Tenant's forwarding address. If Tenant
remains on the Premises after the expiration or termination of the Lease
without Landlord's written permission, Landlord may recover possession of the
Premises in the manner provided for by law. Landlord also may recover double
rent for the period during which Tenant refuses to vacate the Premises.
(n)
During the last 60 days of the Lease, Landlord or Landlord's
agents shall have the privilege of displaying the usual “For Sale” or “For
Rent” signs on the Premises and of showing the property on a regular basis to
prospective purchasers or tenants. In the event that Tenant cannot be reached
to inform him of an intended showing, the Landlord agrees to give Tenant at
least 12
hours notice before entering the Premises. Landlord agrees that all such
showings shall between the hours of 10 AM and 6 PM. The Tenant is permitted
to be present during such showings.
(o)
In consideration of $200.00 as non-refundable
cleaning payment paid by Tenant to Landlord, Tenant is allowed to keep one cat on
the premises. No other pet shall be kept on the premises without the further
written permission of the Landlord. Tenant agrees at all times to keep the pet
from becoming a nuisance to neighbors. This includes controlling the barking of
the pet, if necessary and cleaning any animal waste on and about the premises.
In the event the pet causes destruction of the property, becomes a nuisance, or
Tenant otherwise violates this agreement, Landlord may terminate the Lease
according to Florida law.
(p)
Tenant has the option of preparing an inventory and condition
report on the Premises. This report must be delivered to Rental Agent within
seventy-two (72) hours of the Tenant's taking possession of the Premises in order
for the Tenant not to be held responsible for damage done prior to his
occupancy. Tenant must retain a copy of this report signed and time-stamped by
the Rental Agent as proof that delivery was made within the required time
period. This report should include a detailed list of defects found in the
Premises and the included furniture, equipment and appliances (if any). This
list should be specific as to the nature and location of all reported defects
(for example: “1. green stain on carpet in master bedroom under window”, “2.
five nail holes on east wall in dining room”). Tenant agrees that in the event
he does not supply this inventory and condition report he shall be charged for
all damages found to the Premises above normal wear and tear.
(q)
The Premises are part of a Planned Unit Development. The
Lease, and the Tenant’s rights under the Lease, shall be subject to all terms,
conditions, provisions, and restrictions set out in the rules and regulations
as now exist or may be adopted, modified, amended, or repealed by the governing
association during the Lease Term.
(r)
The Tenant acknowledges that the governing association may
adopt, modify, amend, or repeal rules and regulations for the use of the common
areas and the Premises during the Lease Term.
(s)
Landlord and Tenant will use good faith in performing their
obligations under the Lease.
(t)
MANAGEMENT AGREEMENT: Landlord agrees to pay Rental
Agent a management fee of ten
percent (10%)
of the total rent due for the Lease Term and for the term of any extension or
renewal of the Lease by any of the Tenants. Rental Agent shall deduct his fee
from rent collected after said rent becomes due and owing to Landlord. In the
event this Management Agreement terminates while a Lease executed under the
authority given herein is still in effect, Landlord agrees to pay Rental Agent
at the termination a fee for the unexpired term of the Lease as if this
Management Agreement had expired concurrently with the Lease hereunder. In the
event the property is sold or exchanged during the term of this Agreement by
any person including the Landlord, to anyone who has rented or leased the
property under this Lease Agreement, Rental Agent shall be entitled to a commission
of five
(5%) percent
of the sales price. All sums due Rental Agent by any provision of this Agreement
may be deducted from funds held by Rental Agent for the Landlord.
(u)
REPAIRS: Rental Agent is given the right to institute
repairs to the property, purchase materials and pay for same out of the
Landlord’s funds. Repairs and redecorations, except of an emergency nature,
over the sum of $200.00
shall not be made without the permission of the Landlord. Rental Agent may
engage, supervise and discharge independent contractors, in the name of the
Landlord, to maintain, redecorate and repair the property and enter into
contracts for utilities and other services as may be deemed advisable by Rental
Agent.
(v)
CONTINGENCY RESERVE: Landlord agrees to maintain a
contingency reserve of $200.00
at all times in the Rental Agent’s Operating Reserve Account to enable Rental
Agent to pay the obligations of Landlord under this Agreement as they become
due. In the event that the balance in the Operating Reserve Account is at any
time insufficient to pay operating expenses, Landlord shall immediately upon
notice, remit to Rental Agent sufficient funds to cover the deficiency and
replenish the contingency reserve. In no event shall Rental Agent be required
to use his own funds to pay such disbursements. Nor shall Rental Agent be
required to advance any monies to Landlord, to the Security Deposit Account, or
to the Operating Reserve Account.
(w)
INDEMNITY: Landlord agrees to indemnify Rental Agent,
his agents, servants, contractors and employees from all claims, suits and
charges that may arise out of this Lease and Management Agreement and to carry
public liability insurance at Landlord’s cost. In the event Rental Agent
successfully defends any action arising out of this transaction brought by
others, including Landlord, Rental Agent shall be reimbursed his Attorney’s
fees and court costs by Landlord. Each party hereto binds its successors,
assigns, heirs, administrators and executors.