BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Upon Tenant’s failure to make any payment of rent when due, or upon Tenant’s breach of any other terms, covenants, agreements, or conditions herein contained, or if Tenant abandons or vacates the Premises prior to the expiration of the Term, then, at its sole option Landlord may peacefully re-enter and repossess the Premises, and remove and put out Tenant and Tenant’s personal property in the manner allowed by Florida law. In the event of such re-entry and repossession by the Landlord, Tenant shall be liable for all costs, attorney fees and damages incurred by Landlord and such re-entry shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant from the terms of this Lease. It is intended that Landlord’s remedies shall be as broad as permitted under Florida law and shall include, without limitation, (a) the right to terminate this Lease, reserving the right to collect any unpaid rents, charges, and assessments for damages to the Premises; or (b) the right to accelerate the then entire unpaid balance of the rent for the term then remaining, or, the right to stand by and collect rental payments as they become due; or (c) the right to sublease and rent the Premises for the account of the Tenant, in which event the proceeds from subletting shall be applied first to the cost of subletting (including advertising, commissions, attorneys fees and cost); second, to the cost of repairing any damage to the Premises, and third, to the Tenant’s rental obligations hereunder, with the Tenant and Guarantor(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid rent or damages, or of the Landlord’s right to avail itself of any remedy allowed by Florida law. In the event of a default hereunder, in addition to any other remedies, the Landlord is entitled to employ an attorney at law to enforce landlord’s rights hereunder and all reasonable fees and cost connected therewith shall be paid by Tenant. Tenant acknowledges and agrees that in the event of any default, the minimum reasonable attorney’s fee for which the tenant shall be liable is the sum of $500.00. Any rentals or damages which remain unpaid after default, including any court judgment shall bear interest at the highest rate allowable under Florida law (currently 18%).
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Upon Tenant’s Resident's failure to make any payment of rent when due, or upon Tenant’s Resident's breach of any other terms, covenants, agreements, or conditions herein contained, or if Tenant Resident abandons or vacates the Premises prior to the expiration of the Term, then, at its sole option Landlord may peacefully re-enter and repossess the Premises, and remove and put out Tenant Resident and Tenant’s Resident's personal property in the manner allowed by Florida Illinois law. In the event of such re-entry and repossession by the Landlord, Tenant Resident shall be liable for all costs, attorney fees and damages incurred by Landlord and such re-entry shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant Resident from the terms of this Lease. It is intended that Landlord’s 's rights and remedies for Resident's breach of this Lease shall be as broad as permitted under Florida Illinois law and shall include, without limitation, (a) the right to terminate cancel this Lease, reserving the right to collect any unpaid rents, charges, and assessments for damages to the Premises; or (b) the right to accelerate the then entire unpaid balance of the rent for the term Term then remaining, or, the right to stand by standby and collect rental payments as they become due; or (c) the right to sublease and rent the Premises for the account of the TenantResident, in which event the proceeds from subletting sub-letting shall be applied first to the cost of subletting (including advertisingadvertising and commissions), commissions, attorneys fees and cost); second, to the cost of repairing any damage to the Premises, and third, to the Tenant’s Resident's rental obligations hereunder, with the Tenant Resident and Guarantor(sguarantor(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid rent or damages, or of the Landlord’s 's right to avail itself of any remedy allowed by Florida Illinois law. In By signing this lease the event of a default hereunderResident agrees that upon surrender or abandonment, in addition to any other remediesas defined by the Illinois Statutes, the Landlord is entitled to employ an attorney at law to enforce landlord’s rights hereunder and all reasonable fees and cost connected therewith shall be paid by Tenant. Tenant acknowledges and agrees that in the event of any default, the minimum reasonable attorney’s fee for which the tenant shall not be liable is or responsible for storage or disposition of the sum of $500.00. Any rentals or damages which remain unpaid after default, including any court judgment shall bear interest at the highest rate allowable under Florida law (currently 18%)residents’ personal property.
Appears in 1 contract
Samples: Lease Agreement
BREACH, ABANDONMENT, FORFEITURE AND TERMINATION. Upon Tenant’s Resident's failure to make any payment of rent when due, or upon Tenant’s Resident's breach of any other terms, covenants, agreements, or conditions herein contained, or if Tenant Resident abandons or vacates the Premises prior to the expiration of the Term, then, at its sole option Landlord may peacefully re-enter and repossess the Premises, and remove and put out Tenant Resident and Tenant’s Resident's personal property in the manner allowed by Florida Illinois law. In the event of such re-entry and repossession by the Landlord, Tenant Resident shall be liable for all costs, attorney fees and damages incurred by Landlord and such re-entry shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Tenant Resident from the terms of this Lease. It is intended that Landlord’s 's rights and remedies for Resident's breach of this Lease shall be as broad as permitted under Florida Illinois law and shall include, without limitation, (a) the right to terminate cancel this Lease, reserving the right to collect any unpaid rents, charges, and assessments for damages to the Premises; or (b) the right to accelerate the then entire unpaid balance of the rent for the term Term then remaining, or, the right to stand by standby and collect rental payments as they become due; or (c) the right to sublease and rent the Premises for the account of the TenantResident, in which event the proceeds from subletting sub-letting shall be applied first to the cost of subletting (including advertisingadvertising and commissions), commissions, attorneys fees and cost); second, to the cost of repairing any damage to the Premises, and third, to the Tenant’s Resident's rental obligations hereunder, with the Tenant Resident and Guarantor(sguarantor(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect the entire amount of unpaid rent or damages, or of the Landlord’s 's right to avail itself of any remedy allowed by Florida Illinois law. In By signing this lease the event of a default hereunderResident agrees that upon surrender or abandonment, in addition to any other remediesas defined by the Illinois Statutes, the Landlord is entitled to employ an attorney at law to enforce landlord’s rights hereunder and all reasonable fees and cost connected therewith shall be paid by Tenant. Tenant acknowledges and agrees that in the event of any default, the minimum reasonable attorney’s fee for which the tenant shall not be liable is or responsible for storage or disposition of the sum of $500.00residents’ personal property. Any rentals or damages which remain unpaid after defaultNOTWITHSTANDING ANYTHING IN THIS LEASE TO THE CONTRARY, including any court judgment shall bear interest at the highest rate allowable under Florida law (currently 18%)RESIDENT AGREES AND ACKNOWLEDGES THAT THE VACATION OR ABANDONMENT OF THE PREMISES BY RESIDENT AND/OR DELIVERY TO LANDLORD OF THE FOB AND/OR KEYS PRIOR TO THE EXPIRATION OF THE TERM, OR ANY OTHER ACTION OF RESIDENT, SHALL NOT CONSTITUTE A SURRENDER OF THE PREMISES UNLESS AND UNTIL BOTH LANDLORD AND RESIDENT SIGN AN INSTRUMENT SATISFACTORY TO LANDLORD EXPRESSLY SETTING FORTH AND ACKNOWLEDGING SUCH A SURRENDER.
Appears in 1 contract
Samples: Lease Agreement