ENDING THE LEASE. a) This LEASE will end at the time and date listed in Paragraph 2. LANDLORD may not extend the term of this LEASE without the written consent of TENANT. TENANT may not extend the term of this LEASE without the written consent of LANDLORD. Failure to vacate the UNIT at the end of LEASE shall be a violation of this LEASE. b) If LANDLORD fails to repair or remedy a condition for which it is obligated, by law, to repair or remedy, TENANT may pursue remedies under Florida law, including the possibility of terminating this LEASE, by following this procedure: (1) TENANT must make a written request for repair or remedy of the condition – after which LANDLORD shall have seven (7) days for repair or remedy; (2) if LANDLORD fails to do so, TENANT may terminate the Lease by written notice to LANDLORD; (3) notwithstanding subsections (1) and (2) above, if the failure of LANDLORD to repair or remedy a condition for which it is obligated, by law, to repair or remedy, is due to causes beyond the control of LANDLORD and LANDLORD has made and continues to make every reasonable effort to correct the failure to comply, the LEASE may be terminated or modified by the parties as follows: (i) if LANDLORD’s failure to comply renders the UNIT untenantable and TENANT vacates, the TENANT shall not be liable for RENT during the period the UNIT remains uninhabitable. (ii) if LANDLORD’s failure to comply does not render the UNIT untenantable and TENANT remains in occupancy, the RENT for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance. c) If TENANT does not vacate the UNIT upon expiration of the TERM, TENANT shall pay, in addition to the normal RENT, an additional charge of double the amount of RENT due for the UNIT, or any part thereof, on a per diem basis for the period during which TENANT refuses to surrender possession until TENANT vacates. This additional charge is due for each day that TENANT stays in possession of the UNIT after expiration of the TERM. Nothing contained in this LEASE shall give TENANT the right to remain in possession of the UNIT following expiration of the TERM.
Appears in 3 contracts
Samples: Residential Lease Agreement, Residential Lease Agreement, Residential Lease Agreement
ENDING THE LEASE. a) This LEASE will end at the time and date listed in Paragraph 2. LANDLORD may not extend the term of this LEASE without the written consent of TENANT. TENANT may not extend the term of this LEASE without the written consent of LANDLORD. Failure to vacate the UNIT at the end of LEASE shall be a violation of this LEASE.
b(1) If LANDLORD fails to repair or remedy a condition for which it is obligated, by law, to repair or remedy, TENANT may pursue remedies under Florida Alabama law, including the possibility of terminating this LEASE, by following this procedure:
(1i) TENANT must make a written request for repair or remedy of the condition – after which LANDLORD shall have seven (7) days a reasonable time for repair or remedy;
(2ii) if LANDLORD fails to do so, TENANT must make a second written request for the repair or remedy (to make sure that there has been no miscommunication) – after which LANDLORD will have a reasonable time for the repair or remedy.
(2) Notwithstanding subsection (1) hereinabove, if LANDLORD is materially noncompliant with the LEASE or law, and such breach materially affects the health and safety of TENANT, then TENANT may terminate the Lease by deliver a written notice to LANDLORD;
LANDLORD specifying the acts and omissions constituting the breach and that the LEASE will terminate upon a date not less than fourteen (314) notwithstanding subsections (1) and (2) above, days after receipt of the notice by LANDLORD if the failure of LANDLORD to repair or remedy a condition for which it breach is obligatednot remedied within that period, by law, to repair or remedy, is due to causes beyond the control of LANDLORD and LANDLORD has made and continues to make every reasonable effort to correct the failure to comply, the LEASE may be terminated or modified by shall terminate as provided in the parties as followsnotice subject to the following:
(i) if LANDLORD’s failure to comply renders the UNIT untenantable breach is remediable by repairs or the payment of damages or otherwise and TENANT vacatesLANDLORD adequately remedies the breach before the date specified in the notice, the TENANT LEASE shall not be liable for RENT during terminate by reason of the period the UNIT remains uninhabitable.breach;
(ii) if LANDLORD’s failure to comply does TENANT may not render the UNIT untenantable and TENANT remains in occupancy, the RENT terminate for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value a condition caused by the noncompliancedeliberate or negligent act or omission of TENANT, a member of TENANT’s family, a licensee, or other person on the PROPERTY with TENANT’s consent.
c) If TENANT does not vacate the UNIT upon expiration of the TERM, TENANT shall pay, in addition to the normal RENT, an additional charge of double the amount of RENT due for the UNIT, or any part thereof, on a $200.00 per diem basis for the period during which TENANT refuses to surrender possession day until TENANT vacates. This additional charge is due for each day that TENANT stays in possession of the UNIT after expiration of the TERM. Nothing contained in this LEASE shall give TENANT the right to remain in possession of the UNIT following expiration of the TERM.
Appears in 2 contracts
Samples: Residential Lease Agreement, Residential Lease Agreement