Residential Lease for Unit in Condominium or Cooperative
FLORIDA ASSOCIATION OF REALTORS
(FOR A TERM NOT TO EXCEED ONE YEAR)
(Not To Be Used For Commercial, Agricultural, or Other Residential Property)
WARNING: IT IS VERY IMPORTANT TO READ ALL OF THE LEASE CAREFULLY. THE LEASE
IMPOSES IMPORTANT LEGAL OBLIGATIONS, AN ASTERISK (*) OR A BLANK SPACE ( )
INDICATES A PROVISION WHERE A CHOICE OR A DECISION MUST BE MADE BY THE PARTIES,
NO CHANGES OR ADDITIONS TO THIS FORM MAY BE MADE UNLESS A LAWYER IS CONSULTED.
I. TERM AND PARTIES. This is a lease ("the Lease") for a period of 12
(number) months (the "Lease Term"), beginning 6/24/98 (month, day, year)
and ending 6/23/99, between XXXXXXX XXXXXXXX and X. XXXXXXX XXXXX of (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 leases to Tenant unit no. 508 in the building
located at 000 Xxxxxxxx xxxxx xx 000 Xxxx Xxx, Xxxxxxxxxx Xxxxxxx 00000
together with the following furniture and appliances: SEE ATTACHED
INVENTORY SHEET. [List all furniture and appliances. If none, write
"none."] (In the Lease the property leased, including furniture and
appliances, if any, is called "the Premise")
III. COMMON AREAS. Landlord grants to Tenant permission to use, along with
others, the common areas of the building and the development of which the
Premises are a part
IV. RENT PAYMENTS AND CHARGES. Tenant shall pay rent for the Premises in
installments of $ 1,150.00 each on the 1st day of each month. (A "Rental
Installment Period," as used in the Lease, shall be a month if rent is
paid monthly and a week if rent is paid weekly.) Tenant shall pay with
each rent payment all taxes imposed on the rent by taxing authorities. The
amount of taxes payable on the beginning date of the Lease is $NA for each
Installment. The amount of each installment of rent plus taxes ("the Lease
Payment") as of to data the Lease begins, is $ NA. Landlord will notify
Tenant if the amount of the tax changes. Tenant shall pay the rent and all
other charges required to be paid under the Lease by cash, valid check, or
money order. Landlord may appoint an agent to collect the Lease Payment
and to perform Landlord's obligations.
* LANDLORD/ Tenant (circle one) shall pay the common area, maintenance
fees attributable to the Premises during the Lease Term. Such fees
are $_______________ per month / quarter (circle one) and are
payable at the following address: _______.Failure by Tenant to pay
any such few that are Tenant's obligations shall be a default in
payment of rent
* The Lease Payments must be PAID IN ADVANCE/ in arrears (circle one)
beginning____________ (date).
X. XXXXXXXX, ADVANCE RENT, AND LATE CHARGES. In addition to the Lease
Payments described above, Tenant shall pay the following: (check only
those item that apply)
[X] a security deposit of $ 1,000.00 to be paid upon signing the Lease.
[ ] advance rent in the amount of $ __________ for the Rental
Installment Periods of __________ to be paid upon signing the Lease.
[ ] a pet deposit in the amount of $ __________ to be paid upon
signing the Lease.
[X] a late charge in the amount of $ 10.00 for each Lease Payment made
more than 10 number of days after the date it is due.
[X] a bad check fee in the amount of $20.00 (not to exceed $20.00, or 5%
of the Lease Payment, whichever is greater if Tenant makes any Lease
Payment with a bad check. If Tenant makes any Lease Payment with a
bad check. Landlord can require Tenant to pay all future Lease
Payments in cash or by money order.
VI. SECURITY DEPOSITS AND ADVANCE RENT. If Tenant has paid a security deposit
or advance rent the following provisions apply.
A Landlord shall hold the money in a separate interest-bearing or
noninterest-bearing account in a Florida banking institution for
fine benefit of Tenant. If Landlord deposits the money in an
interest-bearing account, Landlord must pay Tenant interest of at
least 75% of the annualized average interest paid by the bank of 5%
per year simple interest, whichever Landlord chooses. Landlord
cannot mix such money with any other funds of Landlord or pledge,
mortgage or make any other use of such money until the money is
actually due to Landlord; or B. Landlord must post a surety bond in
the manner allowed by law. If Landlord posts the bond, Landlord
shall pay Tenant 5% interest per year.
At the and of the Lease, Landlord will pay Tenant, or credit against
rent, the interest due to Tenant. No interest will be due Tenant if
Tenant wrongfully terminates the Lease before the end of the Lease
Term.
It Landlord rents five or more dwelling units, then within 30 days
of Tenant's payment of the advance rent or any security deposit,
Landlord must notify Tenant in writing of the manner in which
Landlord is holding such money, the interest rate, if any, that
Tenant will receive, and when such payments will be made.
VII. NOTICES. XXXXXXX XXXXXXXXXX/ CLEARWATER BEACH R.E. is Landlord's
Agent. All notices to Landlord and all Lease Payments must be sent to
LANDLORD'S Agent at 000 Xxxxxxxxxx Xx. Xxxx 000, Xxxxxxx Grove Il unless
Landlord gives Tenant written notice of a change. Xxxxxxxx's Agent may
perform inspections on behalf of Landlord. All notices to Landlord shall
be given by certified mail, return receipt requested, or by hand delivery
to Landlord or Landlord's Agent.
Any notice to Tenant shall be given by certified mail, return receipt
requested, or delivered to Tenant at the Premises. If Xxxxxx is absent
from the Premises, a notice to Tenant may be given by leaving a copy of
the notice at the Premises.
VIII. USE OF PREMISES. Tenant shall use the Premises only for residential
purposes. Tenant also shall obey, and require anyone on the Premises to
obey, all laws and any restrictions that apply to the Premises. Landlord
will give Tenant notice of any restrictions that apply to the Premises.
The Premises are located in a condominium or cooperative development. The
Lease, and Xxxxxx's rights under the lease, shall be subject to all terms,
conditions, provisions, and restrictions set out in the Declaration of
Condominium, the plat, and restrictions, rules, and regulations as now
exist or may be adopted, modified, amended, or repealed by the governing
association during the Lease Term.
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
* Occasional overnight guests are / are not permitted. An occasional
overnight guest is one who does not stay more than ______________ nights.
in any calendar month. Landlords written approval is / is not (circle one)
required to allow anyone also to occupy the Premises.
* Tenant may / may not keep or allow pets or animals on the Premises without
Landlords approval of the pet or animal in writing.
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 destroy, deface, damage, impair, or remove any part of
the Premises belonging to Landlord, nor permit any person to do so.
* Tenant may / my not make any alterations or improvements to the Premises
without first obtaining Landlords written consent to the alteration
Improvement.
Tenant must act and require all other persons on the Premises to act, in a
manner that does not unreasonably disturb any neighbors or constitute a
breach of the peace
IX. MAINTENANCE. Landlord and Tenant agree that the maintenance of the
Premises must be performed by the person indicated below:
A. Structural and Building Codes. Landlord and Tenant acknowledge that
the maintenance of the structural elements and common areas is
performed by the condominium association as part of the common area
maintenance. Landlord shall assure that the association complies
with applicable building, housing, and health codes relating to the
Premises. If there are no applicable building, housing, or health
codes, Landlord shall assure that the association maintains and
repairs the roofs porches, windows, exterior walls, screens,
foundations, floors, structural components, and steps, and keeps the
plumbing in reasonable working order. Landlord will be responsible
for the maintenance of any items listed above for which the
association is not responsible.
B. Elective Maintenance. Fill in each blank space in this section with
Landlord or Tenant to show who will take care of the item noted. If
a space is left blank. Landlord will be required to take care of
that item.
Tenant Smoke detectors Condo Assn. Running water Landlord Appliances
Condo Assn Extermination of Landlord Hot water Landlord/Ten Fixtures
rats, mice,
roaches, ants, wood NA Lawn Condo Assn. Pool (including
destroying organisms, filters, machinery.
and bedbugs And equipment)
Tenant Heating and air
Landlord/TenLocks and keys Landlord Heat conditioning filters
Condo Assn. Clean and safe Landlord Air conditioning Other:_________
condition of outside
areas Tenant Furniture
Condo Assn Garbage removal and
outside garbage receptacles
* Tenants responsibility, if any, indicated above, shall / shall not include
major maintenance or major replacement of equipment
Landlord shall be responsible for major maintenance or major replacement
of equipment, except for equipment for which Tenant has accepted
responsibility if major maintenance or major replacement in the previous
paragraph.
Major maintenance or major replacement means a repair or replacement that
costs more than $_____________________.
Tenant shall be required to vacate the Premises on 7 days' written notice,
if necessary, for extermination pursuant to this subparagraph. When
vacation of the Premises is required for extermination, Landlord shall not
be liable for damages but shall xxxxx the rent
Nothing in this section makes Landlord responsible for any condition
created or caused by the negligent or wrongful act or omission of Tenant,
any member of Tenant's family, or any other person on the Premises with
Xxxxxx's consent.
C. Tenant's Required Maintenance. At all times during the Lease Term,
Tenant shall:
1 comply with all obligations imposed upon tenants by applicable
provisions of building, housing, and health codes;
2. keep the Premises clean and sanitary;
3. remove all garbage from the dwelling unit in a clean and
sanitary manner;
4. keep all plumbing fixtures in the dwelling unit clean, sanitary,
and in repair; and
5. use and operate in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, air conditioning, and other
facilities and appliances, including elevators.
X. UTILITIES. Tenant shall pay all charges for hook-up connection, and
deposit for providing all utilities and utility services to the Premises
during this lease except 0 ,which Xxxxxxxx agrees to provide at Landlords
expense. (Specify any utilities to be provided and paid for by Landlord
such as water, sewer, oil, gas, electricity, telephone, garbage removal,
etc.)
XI. LANDLORD'S ACCESS TO PREMISES. Landlord or Landlords Agent may enter the
Premises in the following circumstances:
A. At any time for the protection or preservation of the Premises.
B. After reasonable notice to Tenant at reasonable times for the
purpose of repairing the Premises. C. To inspect the Premises; make
necessary or agreed upon 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:
1. with Xxxxxx's consent;
2. in case of emergency.
3. when Tenant unreasonably withholds consent or
4. If Xxxxxx is absent from the Promises 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 Tenants consent or for the
protection or preservation of the Premises.)
XII. PROHIBITED ACTS BY LANDLORD.
A. Landlord cannot cause, directly or indirectly, the termination or
unreasonable interruption of any utility service furnished to
Tenant, including, but not limited to, water, heat, light,
electricity, gas, elevator, garbage collection, or refrigeration
(whether or not the utility service is under the control of or
payments made by, Landlord).
B. Landlord cannot prevent Xxxxxx's access to the Premises by any
means, including, but not limited to, changing the locks or using
any bootlock or similar device.
C. Landlord cannot remove the outside doors, locks, roof, walls, or
windows of the Premises except for purposes of maintenance, repair,
or replacement. Landlord cannot remove Xxxxxx's personal property
from the Premises unless the action is taken after surrender,
abandonment, or a lawful eviction. If provided in a written
agreement separate from the lease upon surrender or abandonment by
Xxxxxx, Landlord shall not be liable or responsible for storage or
disposition of Xxxxxx's personal property. (For the purposes of this
section, abandonment means Tenant is absent from the Premises for at
least one-half a Rental installment period without paying rent or
giving Landlord reasonable notice of Xxxxxx's absence.)
XIII. CASUALTY DAMAGE If the Premises are damaged or destroyed other than by
wrongful or negligent acts of Tenant or persons on the Premises with
Xxxxxx'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 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.
XIV. DEFAULT.
A. Landlords Default. Except as noted below, Xxxxxxxx will be in
default it Landlord fails to comply with Landlords required
maintenance Obligations under Section IX(A) or fails to comply with
other material provisions of the a Lease and such failure continues
for more then 7 days after Xxxxxx delivers a written notice to
Landlord that tells Landlord how Landlord has violated the lease.
If Xxxxxxxx's failure to comply is due to causes beyond the
Landlords control and if Landlord has made, and continues to make,
every reasonable effort to correct the problem, the Lease may be
altered by the parties, as follows:
1. If Landlords failure to comply makes the Promises uninhabitable
and Tenant vacates, Tenant shall not be liable for rant during
the period the Premises re mains uninhabitable.
2. If Landlords failure to comply does not make the Premises
uninhabitable and Tenant continues to occupy the Premises, the
rent for the period of noncompliance will be reduced by an
amount in proportion to the loss of rental value caused by the
noncompliance
B. Tenant's Default. Tenant will be in default it any of the following
occur.
1. Tenant fails to pay rent when due and the default continues for
3 days, excluding Saturday, Sunday, and legal holidays, after
delivery of written demand by Landlord for payment of the rent
or possession of the Promises.
2. Tenant fails to perform it's obligations under the Lease, and
the failure is such that Tenant should not be given an
opportunity to correct it or the failure occurs within 12 months
of a written warning by Landlord of a similar failure. Examples
of such failures which do not require an opportunity to correct
include, but are not limited to, destruction, damage, or misuse
of Landlords or other Tenant's property by an intentional act or
a subsequent or continued unreasonable disturbance.
3. Except as provided above, Tenant fails to perform any other
obligation under the lease and the default continues for more
than 7 days after delivery of written notice to Tenant from
Landlord specifying the default.
X. Xxxxxx of Default. If Landlord accepts rent knowing of Xxxxxx's
default or accepts performance by Xxxxxx of any provision of the
Lease different from the performance required by the Lease, or If
Tenant pays rent knowing of Landlords default or accepts performance
by Landlord of any provision of the Lease different from the
performance required by the Lease, the party accepting the rent or
performance or making the payment shall not have the right to
terminate the Lease or to bring a lawsuit for that default, but may
enforce any later default.
XV. REMEDIES AND DEFENSES.
X. Xxxxxx's Remedies.
1. If Landlord has defaulted under the Lease and if Tenant has given
Landlord a written notice describing the default and Tenant's
intention to withhold rent if the default is not corrected within 7
days, Tenant may withhold an amount of rent equal to the loss in
rental value caused by the default. If Xxxxxx's notice advises
Landlord that Tenant intends to terminate the lease if the default
is not cured within 7 days and the default is not cured within the 7
days, Tenant may terminate the Lease.
2. If Tenant has given the notice referred to in subparagraph (1)
above, and if Landlord has not corrected the default within 7 days,
Tenant may, in addition to withholding the applicable amount of
rent, file a lawsuit in county court to require Landlord to correct
the default and for damages.
3. If Landlords default makes the Premises uninhabitable, and if Tenant
has given Landlord a notice describing the default and informing
Landlord that Tenant intends to terminate the Lease, then If
Landlord does not cure the default within the 7-day period, Tenant
may terminate the Lease at the end of the 7 days
4. If Landlord violates the provisions of section XII, Landlord shall
be liable to Tenant for actual and consequential damages or 3
months' rent whichever is greater, for each violation.
B. Landlord's Remedies.
1. If Tenant remains on the Premises after expiration or termination of
the Lease without Landlords permission, Landlord may recover
possession of the Premises in the manner provided for by law.
Xxxxxxxx also may recover double rent for the period during which
Xxxxxx refuses to vacate the Promises.
2. If Tenant defaults under the Lease by failing to pay rent, as set
forth in section XIV(B)(1), Landlord may terminate Tenant's rights
under the Lease and Tenant shall vacate the Premises immediately. If
Tenant defaults under the Lease for any other reason, as set forth
in sections XIV(B)(2) or (3) above, Landlord may terminate Tenant's
rights under the Lease and Tenant shall vacate the Premises within 7
days of delivery of the notice of termination.
3. If Tenant fails to cure a default within the time specified in the
notice to Tenant, Landlord may recover possession of the Premises as
provided by law.
4. Landlord shall not recover possession of the Premises except: a in a
lawsuit for possession b. when Xxxxxx has surrendered possession of
the Premises to Landlord; or c. when Xxxxxx has abandoned the
Premises. Absent actual knowledge of abandonment the Premises shall
be considered abandoned if Tenant is absent from them # for at least
one-half a Rental Installment Period, the rent is not current, and
Tenant has not notified Landlord, in writing, of an intended absence
5. If Xxxxxx has defaulted under the Lease and Landlord has obtained a
writ of possession, if Xxxxxx has surrendered possession of the
Premises to Landlord or it Tenant has abandoned the Premises,
Landlord may: a. treat the Lease as terminated, retake possession
for Landlords own account and any further liability of Tenant will
be ended; b. retake possession of the Premises for Xxxxxx's account.
Tenant will remain liable for the difference between rent agreed to
be paid under the Lease and rent Landlord is able to recover in good
faith from a new tenant; or c. do nothing, and Tenant will be liable
for the rent as it comes due.
6. If Landlord retakes possession of the Premises for Xxxxxx's account,
Landlord must make a good faith effort to re-lease the Premises. Any
rent receive, by Landlord as a result of the new lease, shall be
deducted from the rent due from Tenant For purposes of this section,
"good faith" in trying to re-lease the Premises means that Landlord
shall use at least the same efforts to re-lease the Premises as were
used in the initial rental or at least the same efforts as Landlord
uses in attempting to lease other similar property. It does not
require Landlord to give a preference in leasing the Premises over
other vacant properties that Landlord owns or has the responsibility
to rent.
C. Other Remedies. Each party also my have other remedies available at
law or in equity
D. Defenses. In a lawsuit by Xxxxxxxx for possession of the Premises based
upon nonpayment of rent or in a lawsuit by Landlord seeking to obtain
unpaid rent Tenant may assert as a defense Landlords failure to perform
required maintenance, as set forth in Section IX(A) above. Landlord's
failure to provide elective maintenance, as set forth in Section IX(B)
above, shall not be a defense to any lawsuit by Landlord for possession of
the Premises unless otherwise provided by the Lease or applicable law
Tenant also may raise any other defense, whether legal or equitable, that
Tenant may have, Including the defense or retaliatory Conduct.
E. Payment of Rent to Court. In any lawsuit by Landlord for possession of the
Premises, if Xxxxxx raises any defense other than payment, Tenant must pay
into the registry of the court the past due rent set forth in Landlords
complaint, or an amount determined by to court, and the rent which comes
due during the lawsuit, as it comes due. Failure of Tenant to pay the rent
into the registry of the court will be a waiver of Tenant's defenses other
than payment.
F. Attorney's Fees. In any lawsuit brought to enforce the Lease or under
applicable law, the party who wins may recover its reasonable court costs
and attorneys fees from the party who loses.
*XVI. ASSIGNMENT AND SUBLEASING. Tenant may / 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.
*XVII.RISK OF LOSS. Landlord shall / 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 Xxxxxx's family, agents, employees, guests, or visitors.
Landlord shall not be liable if such damage, theft, or loss is caused by
Tenant, Xxxxxx's family, agents, employee's, 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.
XVIII.SUBORDINATION. The Lease is subordinate to the lien of any mortgage
encumbering the fee title to the Premises from time to time.
XIV. 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 Landlords interest.
*XX. APPROVAL CONTINGENCY. The Lease is/ is not conditioned upon approval of
Tenant by the association that governs the Premises.
XXI. RENEWAL/EXTENSION. The Lease can be renewed or extended only by a written
agreement signed by both Landlord and Xxxxxx. but no renewal may ex tend
the term to a date more then 1 year after the lease begins. A new lease is
required for each year.
