EXHIBIT 6.2
[LOGO]
RESIDENTIAL LEASE
This agreement, made this 5th day of April 1999, between Xxxxxxx X. Xxxxxxxxx,
hereinafter referred to as the Landlord, and Xxxxx X. Xxxxxxx, hereinafter
referred to as the Tenant, concerning the lease of the following described
Premises: 000 Xxxxxxxx Xxxx, Xxxx 000, Xxxx Xxxxx Xxxxxxx, XX 00000 is agreed to
by and shall bind the Tenant, its heirs, estate, or legally appointed
representatives: Tenant as herein used shall include all persons to whom this
property is leased. Landlord as herein used shall include the record owner(s) of
the Premises, its heirs, agents if any, assigns or representatives.
OCCUPANTS: Only the following individuals shall occupy the Premises unless
written consent of the Landlord is obtained: Xxxxx X. Xxxxxxx. Guest remaining
for a period of more than 10 days must have prior written consent from Landlord
and no more than two guests are permitted at one time.
................................................................................
FUNDS DUE BEFORE MOVE-IN
SECURITY DEPOSIT: $1000.00
PRORATED RENT: N/A
FIRST MONTH'S RENT: $1450.00
ADVANCE RENT: $1450.00 as advance rent for the last month of the lease or any
renewals.
NON REFUNDABLE PET FEE: N/A
PET DEPOSIT: N/A
................................................................................
TAXES: Landlord shall pay the following taxes: REAL ESTATE TAXES. Tenant shall
pay the following taxes:
PERSONAL PROPERTY TAX. Sales/tourist taxes if applicable are n/a.
CONDO/HOMEOWNER ASSOCIATION FEES: Tenant shall pay the non refundable condo
application fee of $50.00. Landlord shall pay the common area fee of to be
determined. Landlord shall pay the condo/homeowners association fee of to be
determined.
................................................................................
1. TERM OF LEASE: April 15, 1999 to April 14, 2000 at 12 NOON. If there is a
delay in delivery of possession by Landlord, rent shall be abated on a daily
basis until possession is granted, if possession is not granted within seven (7)
days after the beginning day of initial term, Tenant may void this agreement and
have full refund of any deposit(s). Landlord shall not be liable for damages for
delay in possession.
2. RENT: Tenant agrees to pay the monthly rent amount of $1450.00 plus any
applicable sales tax if any as rent on the 15th day of each month in advance
without demand to: XXXXXXX X. XXXXXXXXX, 00 XXXXXXX XXXXX XXXXXXXX, XX 00000.
Phone number to be determined. Rent must be received by Landlord or its
designated agent on or before the due date to be considered paid. A late fee of
10% of the rental amount shall be due as additional rent if Tenant fails to make
rent payments on or before the close of business on the 20th day of the month
PLUS $8.00 LATE CHARGE PER DAY THEREAFTER. If payment is tendered after the
close of business on the 20TH day of the month, no personal checks will be
accepted and payment must be in the form of money order or cashiers check.
Landlord has the right to refuse any payments which do not include late charges
or any other charges owed. If Tenant's check is dishonored, all future payments
must be made by money order or cashier's check; dishonored checks will be
subject to the greater of 5% of the check amount or a $30.00 charge as
additional rent. Third party checks and/or cash is not permitted. Time is of the
essence. The imposition of late fees and/or dishonored check charges is not a
substitution or waiver of available Florida law remedies. If rent is not
received by the 15th day of each month, Landlord may serve a Three Day Notice on
the next day or any day thereafter as allowed by law. All signatories to this
lease are jointly and severally responsible for the faithful performance of this
lease. All payments made shall first be applied by Landlord to any outstanding
balances of any kind including late charges and/or any other charges due under
this lease and demand will be made for unpaid rent balances. All notices by
Tenant to Landlord shall be sent to Landlord's address above by certified mail.
Mailing the rent does not constitute payment. It must be received at the above
address to be considered paid.
3. SECURITY DEPOSIT: The security deposit (and advance rent, if applicable) will
be held in the following manner: Deposited in a separate account with Sun Trust
Bank, Miami, FL. Tenant agrees to all terms of the attached SECURITY
DEPOSIT/ADVANCE RENT AGREEMENT.
4. VACATING: At the expiration of this agreement or any extension, TENANT shall
peaceably surrender the premises leaving the premises in good, clean condition,
ordinary wear and tear excepted. In the event garage door opener(s) are
supplied, TENANT agrees that there will be a mandatory minimum charge of $100.00
if the opener(s) are not returned upon moveout. The collection of these charges
in no way restricts Landlord from making claim against any deposits for damages
in excess of these amounts. Refund of any portion of these non-refundable
charges is at the discretion of the Landlord.
5. RENEWAL: Lease renewals may be negotiated prior to lease termination date.
Either party may terminate this agreement at the end of the term by giving the
other party thirty (30) days written notice prior to the end of the term, but if
no written notice is given by either party, then the agreement will be extended
on a month-to-month basis with all terms remaining the same until terminated by
either party upon thirty (30) days written notice. Failure of the Tenant to give
written notice of intent to terminate by the first day of the last monthly rent
period or any month to month rental periods will obligate the tenant to a full
month rent for the following full monthly period in addition to security deposit
forfeiture.
6. EARLY TERMINATION: In the event that Tenant wishes to terminate this
agreement early, Tenant must be in compliance with all the
Tenant's Initials (/S/ JAM)( ) Landlord's Initials (/S/ MFN)( )
------- ------- ------- -------
Page 1 of 6
other terms and conditions of the agreement; Tenants rent and any other charges
must be current and Tenant agrees to the following: (a) Tenant to give Landlord
thirty (30) days written notice, plus Tenant agrees that any termination shall
occur as of the last day of a calendar month; (b) Tenant agrees to pay Landlord
an additional one months rent, as a penalty fee; (c) Tenant agrees that the
entire security deposit shall be forfeited as a penalty upon such early
termination; (d) Tenant agrees to return house in clean, ready-to-rent
condition; (e) Tenant must have resided on the Premises at least six months and
one day.
7. SUB-LET/ASSIGNMENT/HOLDOVER: Tenant may not sub-let or assign this lease
without the express written consent of Landlord. Tenant shall deliver possession
of Premises in good order and repair to Landlord upon termination or expiration
of this agreement. Double rent may be charged for any hold over period past
termination date and eviction may be instituted.
8. CONDEMNATION and ACTS OF GOD: If for any reason the Premises are condemned by
any governmental authority, or destroyed or damaged through fire, act of God,
nature or accident, this lease shall at the option of Landlord cease and shall
terminate as of the date of such condemnation, destruction or damage and Tenant
hereby waives all claims against Landlord for any damages suffered by same.
9. RIGHT OF ACCESS: Landlord and it's agent if any shall have right of access to
enter the Premises during reasonable hours upon giving notice to Tenant by phone
or posting on the Premises to inspect the Premises; make necessary or agreed
repairs, decorations, alteration, or improvements, supply agreed upon service:
or exhibit the Premises to prospective or actual ____________, mortgagee,
perspective tenants, workmen, or contractors. In case of emergency, Landlord and
its agent if any of their discretion may enter at any time, without notice to
Tenant, to protect life and prevent damage to Premises. Landlord may enter the
Premises to place a "FOR RENT" or "FOR SALE" sign or show Premises at any time.
Landlord or its agent if any will attempt to notify Tenant, but have no
obligation to do so.
10. VEHICLES: Vehicle(s) must be currently licensed, owned by Tenant,
registered, operational and properly parked. Tenant agrees to abide by all
parking rules established now or in the future by Landlord or condo/homeowner
association's rules, if applicable. No trailers, campers, vehicles on blocks,
motorcycles, boats or commercial vehicles are allowed on or about the Premises
without Landlord's prior written approval. Tenant is not to repair or
disassemble vehicle on the Premises. Vehicles not meeting the above requirements
and in additional notes of Landlord are unauthorized vehicle subject to being
towed at Tenant expense. Parking on the grass is prohibited. Tenant agrees to
indemnify Landlord for any expenses incurred due in the towing if any vehicle
belonging to the guest or invitee of Tenant. Tenant agrees that only the
following vehicles will be parked on the Premises: One Vehicle.
11. USE: The Premises shall be used for residential purposes only, not for
business including but not limited to any type of day care or baby sitting
services. The Premises shall be used so as to comply with all state, county, and
municipal laws and ordinances, and all rules and regulations of any
homeowners/condominium association. Tenant shall nor use or permit Premises to
be used for any disorderly or unlawful purpose.
12. PROPERTY LOSS: Landlord shall not be liable for damage to Tenant's property
arising from any reason or cause whatsoever including but not limited to
criminal acts, fire, storm, flood, rain or wind damage, acts of negligence of
any person whomsoever, or from the bursting or leaking of water pipes. Tenant is
strongly urged to obtain tenant insurance to protect household goods and
personal effects as well as liability insurance and must carry insurance for any
floatation bed used on the Premises. Proof of such insurance to be supplied to
agent or owner when requested.
13. PETS: Tenant shall not keep any animal or pet in or around the rental
Premises or allow any pet to enter the Premises without Landlord's prior written
approval and a PET ADDENDUM signed by all parties. A minimum amount of $300 will
be kept from the security deposit if the Tenant has pets on the Premises without
the Landlord's written permission and Tenant will be in breach of this
agreement.
14. INDEMNIFICATION: Tenant releases Landlord and its agent if any from
liability for and agrees to indemnify Landlord against all losses incurred by
Tenant as a result of (a) Tenant's failure to fulfill any condition of this
agreement; (b) any damage or injury happening in or about the Premises to
Tenant's invitees or licensees or such person's property; (c) Tenant's failure
to comply with any requirements imposed by any governmental authority; and (d)
any judgment, lien or other encumbrance filed against Premises as a result of
Tenant's or Landlord's action or inaction including but not limited to a default
in mortgage payments by Landlord. In the event of a dispute concerning this
tenancy or anything arising out of or created by this agreement, Tenant agrees
that if the Premises are being managed by an agent for the record owner Tenant
agrees to hold agent, its heirs, successors, employees and assigns harmless and
shall look safety to the record owner of the Premises in the event of a legal
dispute. Tenant waives a jury trial in the event of litigation over a dispute
arising from this agreement.
15. FAILURE TO ACT/REMEDIES CUMULATIVE: Failure of Landlord to insist upon
strict compliance with the terms of this agreement shall not constitute a waiver
of any violation. All remedies under this Agreement or by law or equity shall be
cumulative. If a suit for any breach of this agreement establishes a breach by
Tenant. Tenant shall pay to Landlord all expenses incurred in connection
therewith, including but not limited to attorney's fees and costs.
16. NOTICE: Any notice required by this agreement shall be in writing and
delivered in accordance with requirements under Chapter 83 of the Florida
Statutes unless special provisions are otherwise stipulated in another paragraph
of this agreement.
17. APPLIANCES INCLUDED: Landlord shall furnish the following items as part of
the rented Premises namely: DISHWASHER, DRYER, REFRIGERATOR, MICROWAVE, RANGE,
OVEN, WASHER, GARBAGE DISPOSAL.
18. REPAIRS: Tenant acknowledges that Tenant has inspected the Premises and
accepted the condition AS IS with no warranties or promises express or implied.
Tenant shall maintain the Premises in good, clean and tanable condition
throughout the tenancy, keep all plumbing fixtures in good repair, use _______,
plumbing, heating, cooking, appliances and other equipment in a reasonable
manner.
Tenant's Initials (/S/ JAM)( ) Landlord's Initials (/S/ MFN)( )
------- ------- ------- -------
Page 2 of 6
removing all garbage in a clean sanitary manner. Landlord will make necessary
repairs to Premises with reasonable promptness after receipt of written notice
from Tenant to Landlord or its agent for major deficiencies which create unsafe
or untenable conditions. Unless otherwise stated below Major repairs shall
include plumbing leaks, heating/cooking systems failure, provided and built in
appliance failure or major structural defects. Tenant shall make or cause to be
made at Tenant's expense all other minor repairs such as locks and keys, screen
damage, broken windows, smoke alarm batteries, loose screws, bulb/fuse
replacement and any garbage disposal (if provided) condition caused from misuse
of the disposal. Landlord shall maintain the following unless due to Tenant
neglect, misuse, action or inaction: BUILDING EXTERIOR, A/C, HEAT, WATER HEATER,
REFRIGERATOR, SMOKE ALARM, DISHWASHER, MICROWAVE, RANGE, OVEN, GARBAGE DISPOSAL,
WASHER, DRYER, PEST CONTROL. Tenant shall be fully responsible for, and agree to
maintain and repair at Tenant's expense, the following: BUILDING INTERIOR, A/C
FILTERS, SMOKE ALARM(S) BATTERIES. If any damage beyond normal wear and tear, is
caused by Tenant or guests, Tenant to pay vendor at time of repair or pay
Landlord the cost of repair with the next rental payment as additional rent.
Tenant must use vendors approved by Landlord or its agent. Tenant may not
remodel or structurally change the Premises nor remove or add any fixture
without written permission from Landlord or its agents. All service requests
must be made through the property manager if any. Any services ordered directly
by the Tenant without written authorization of Landlord will be at the Tenants
expenses.
19. LANDSCAPING/GROUNDS/POOL MAINTENANCE: The LANDLORD shall maintain
surrounding grounds, including lawns and shrubbery and keep the same clear of
rubbish or weeds and edge. If such grounds are a part of the Premises and are
exclusively for the use of the Tenant. The Tenant agrees to water the grounds
and/or make sure sprinkler systems are operating properly if applicable and
notify Landlord of any problems. With regard to maintenance of the pool if one
exists, the parties agree as follows: N/A shall maintain the pool by providing
regular and periodic chemical treatment as may be necessary to maintain the pool
in a clean and sanitary manner and to provide regular cleaning of the pool and
filter. N/A shall provide and pay for a professional pool service for the
maintenance of the pool during the term of this lease. Pool chemicals to be
purchased by N/A. N/A shall be responsible for the repairing/replacement of any
pool pump, filter, and heater equipment if applicable. In the event the Tenant
fails to properly maintain the grounds, and/or landscape and/or pool if
applicable and required by this lease agreement, the Landlord shall provide
written notice to the Tenant specifying the manner in which the Tenant has
failed to comply with the provisions of this paragraph and the action required
for compliance. If the Tenant fails to take remedial, appropriate action to
insure the noncompliance within seven (7) days of written notice, the Landlord
may, at his election, obtain a yard service, and or pool service if applicable
and all expenses associated therewith shall be deemed additional rent and shall
be payable with the next installment rent payment.
20. APPLICATION: If Tenant has filled out a rental application, any
misrepresentation made by the Tenant in same will be a breach of this agreement
and Landlord may terminate the tenancy at Landlord's option.
21. RULES AND REGULATIONS:
(a) Locks: Tenant is prohibited from adding locks to, changing or in any way
altering locks installed on the doors of the Premises without written permission
of Landlord or its agent. Tenant will pay for rekeying of locks at end of
tenancy unless covered by the property preparation fee.
(b) Storage: No goods or materials of any kind which are combustible or would
increase fire risk shall be taken or placed on the Premises. Storage shall be
Tenant's risk and Landlord or its agent shall not be responsible for any loss or
damage.
(c) Walls: No nails, screws or adhesive hangers except standard picture hooks,
shade brackets and curtain rod brackets may be placed in walls, woodwork or any
part of Premises.
(d) The Tenant is required to change Air conditioner filter(s) every two
months and if damage to system results from not changing filters, Tenant will be
liable for any damage to the system.
22. UTILITIES: LANDLORD PROVIDES AND PAYS FOR: SEWER/WATER, REFUSE COLLECTION,
BASIC CABLE. TENANT PROVIDES AND PAYS FOR: LOCAL PHONE, ELECTRICITY. The Tenant
agrees to pay all charges and deposits for all other utilities and Tenant agrees
to have all accounts for utilities immediately placed in Tenant name with
accounts kept current throughout occupancy. If the utilities which Tenant is
resposible for are still in Landlord's name at the time Tenant takes occupancy,
Tenant agrees that Landlord shall order such utilities to be terminated.
23. PEST CONTROL: Landlord is responsible for routine pest control for insects,
rodents and other pests after the initial 30 days of the lease. Landlord is
responsible for termites and wood destroying organisms. If Landlord must ask
Tenant to vacate the Premises for extermination purposes, Landlord will rebate
rent for the days Tenant is unable to occupy the Premises. If pets are
permitted, Tenant agrees to have Premises treated for ticks and fleas by a
professional exterminator at Tenant's expense upon termination of this
agreement.
24. DEFAULT: (1) Failure of TENANT to pay rent or any additional rent when due,
or (2) TENANT'S violation of any other term, condition or covenant of this lease
(and if applicable, attached rules and regulations), condominium by-laws or
neighborhood deed restrictions or (3) failure of TENANT to comply with any
Federal, State and/or County laws, rules and ordinances, or (4) TENANT'S failure
to move into the premises or tenants abandonment of the premises, shall
constitute a default by TENANT. Upon default, in addition to complete forfeiture
of the security deposit, rent due for the remaining term of this lease is
accelerated. TENANT shall owe this rent and LANDLORD may begin eviction
procedures, after proper notice is given under Florida law. If the TENANT
abandons or surrenders possession of the premises during the lease term or any
renewals, or is evicted by the LANDLORD, LANDLORD may revoke possession of the
premises and make a good faith effort to re-rent it for the TENANT account.
Retaking of possession shall not constitute a rescission of this lease nor a
surrender of the leasehold as late.
25. MANAGEMENT: Teant agrees that XXXXXXX X. XXXXXXXXX is currently managing the
property, in the event the record OWNER manages the property now or at any
future date. Tenant agrees that Coldwell Banker Residential Real Estate, Inc.
its agents, successors and assigns will not be responsible for any management or
maintenance of the property and Tenant shall look solely to the OWNER, deal
directly with the OWNER and hold Coldwell Banker Residential Real Estate, Inc.
its agents, successors and assigns harmless in the event
Tenant's Initials (/S/ JAM)( ) Landlord's Initials (/S/ MFN)( )
------- ------- ------- -------
Page 3 of 6
of any maintenance requests, problems, litigation or disputes arising out of the
tenancy or any deposits.
26. AGENCY: The parties acknowledge that Coldwell Banker Residential Real
Estate, Inc. currently represents the record owner only and Brokers services are
paid for by the record owner. If Tenant and the record owner should enter into a
contract for sale of the leases property, Broker will act as a Transaction
Broker to facilitate the sale. TENANT understands and agrees that should TENANT
purchase the property hereby leased during the term hereof or any renewal term
or within 365 days from the expiration of either, LANDLORD will pay a sales
commission to Coldwell Banker Residential Real Estate, Inc. in an amount equal
to six percent (6%) of the gross sales price.
27. RADON GAS: Radon Gas 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. "Broker makes no representations about the existence of
radon gas on the subject Premises."
28. HAZARDOUS MATERIALS: It is unknown if there are hazardous materials present
that affect the Premises. Hazardous substances in the home can include cleaning
chemicals, paint, lawn and garden chemicals and a variety of indoor air
pollutants that can accumulate in improperly ventilated buildings. Hazardous
substances outside the home include these found in contaminated land water,
landfills and other disposal sites, and industrial air and water emissions.
Common hazardous substances are asbestos, ground water contamination, lead base
paint, urea formaldehyde foam insulation (UFO) and radon gas. Generally,
additional information pertaining to those substances is available from the U.S.
Environment Protection Agency or the Florida Department of Health and
Rehabilitation Services. Any property built prior to 1978 may contain a lead
paint hazard.
29. INSURANCE: Insurance will be paid as follows: Landlord shall pay:
FIRE/EXTENDED COVERAGE/FLOOD, BUILDINGS, FURNISHINGS, PUBLIC LIABILITY, Tenant
shall pay PERSONAL PROPERTY.
30. ABANDONED PROPERTY: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT
UPON SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD
SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
31. RENEWAL OPTION: Tenant shall have the option to renew the lease, if not in
default, contingent upon the prompt payment of rent and an inspection of the
premises with condition acceptable to owner at a monthly rental rate of 6%
increase for an additional term of ______ with the terms and conditions of this
lease. Tenant must exercise this option in writing no less than 60 days prior to
lease expiration.
32. SPECIAL STIPULATIONS: FURNISHED UNIT, INVENTORY IS ATTACHED, SMOKING IS NOT
PERMITTED AT ANY TIME IN THE RENTAL UNIT OR THE XXXX/BALCONY AREAS IF
APPLICABLE. TENANT ACKNOWLEDGES THAT STORAGE UNIT ON THE GROUND FLOOR DESIGNATED
FOR UNIT 502 IS FOR THE OWNERS USE ONLY.
33. ENTIRE AGREEMENT: This agreement and any attached addenda constitute the
entire agreement between the parties and no oral statements shall be binding.
All Tenants acknowledge that they are each jointly and severally responsible for
performance of all covenants, terms and conditions of this lease. Landlord and
Tenant certify that they have read and agree to the covenants, terms and
conditions of this lease.
Attachment No. 1
----------------
1. Unit is furnished as landlord left it on March 14, 1999 as per
photographs available and taken on that date.
Tenant's Initials (/S/ JAM)( ) Landlord's Initials (/S/ MFN)( )
------- ------- ------- -------
Page 4 of 6
SIGNATURE PAGE
ACCEPTANCE BY FACSIMILE SHALL CONSTITUTE VALID BINDING ACCEPTANCE OF THIS LEASE
AGREEMENT.
/s/ Xxxxx X. Xxxxxxx
-------------------------TENANT
Xxxxx X. Xxxxxxx
/s/ Xxxxxxx X. Xxxxxxxxx OWNER
-------------------------
Xxxxxxx X. Xxxxxxxxx
-------------------------
OCCUPANCY PRIOR TO FULL LEASE EXECUTION: In the event Tenant takes occupancy
prior to this agreement being signed by all persons on this signature page,
Tenant agrees that the tenancy created is MONTH TO MONTH ONLY until or unless
all parties execute this agreement.
Tenant acknowledges and agrees to the SECURITY DEPOSIT/ADVANCE RENT AGREEMENT
attached.
Tenant acknowledges (initial) /s/ JAM that Tenant has received the pamphlet
Protect Your Family from Lead in Your Home if the property was built before 1979
and has been given any Landlord disclosure regarding known lead based paint
hazards.
This lease has been drafted and completed by H. Xxxxxxx Xxxxx or Xxxxx Xxxxxx
Xxxxxx of the Law Offices of Heist & Weisse, P.A. 1 800 263 8428.
AGENT NAME: Xxx Xxxxxx
Tenant's Initials (/S/ JAM)( ) Landlord's Initials (/S/ MFN)( )
------- ------- ------- -------
Page 5 of 6
SECURITY DEPOSIT/ADVANCE RENT AGREEMENT
Tenant has been notified that their security deposit, pet deposit, and/or
advance rent is being held for their account in a Florida Banking Institution
and have been notified in writing as the location of the Bank and type of
account.
The funds are not to be used as rent by the Tenant, but may be applied by
Landlord to any amount due under the terms of the lease or Florida law after the
Tenant vacates the Premises and only after proper notice to the Tenant as
required by law.
The agent currently representing the record owner is, COLDWELL, BANKER
RESIDENTIAL REAL ESTATE INC., and its employees, agents, assigns, successors,
and heirs have no interest in the security funds and if it is necessary to make
a claim on such funds, said claim is being made by Agent as agent for the record
owner.
In the event that a dispute arises over a claim or claims to the funds held, and
the dispute cannot be resolved between the parties, Tenant shall hold Agent, its
employees, agents, successors and heirs harmless and in the event of any
litigation will look solely to the record owner. In the event the record owner
or Agent shall terminate their property management agreement, or the property
management account is transferred to another company or to the record owner, the
funds held may be transferred to that company or owner managing the property and
Tenant shall again be notified as to the Florida Banking Institution, location
and type of account.
ES 83.49 (3)(a) Upon the vacating of the Premises for termination of the lease,
the Landlord shall have 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 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 your security deposit within 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 15-day period, he forfeits
his right to impose a claim upon the security deposit.
(b) Unless the Tenant objects to the imposition of the Landlord's claim or
the amount thereof within 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 shall remit the balance of the deposit to the Tenant within 30 days
after the date of the notice of intention to impose a claim for damages.
(c) If either party includes an action in a court of competent jurisdiction
to adjudicate his right in 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) Compliance with this subsection by an individual or business entity
authorized to conduct business in this state, including Florida-licensed real
estate brokers and salespersons, shall constitute compliance with all other
relevant Florida Statutes pertaining to security deposits held pursuant to a
rental agreement or other Landlord-Tenant relationship. Enforcement personnel
shall look solely to this subsection to determine compliance. This subsection
prevails over any conflicting provisions in chapter 475 and in other sections of
the Florida Statutes.
The return of any deposits is conditioned upon the following:
A. Full term of the Rental Agreement has expired and all provisions therein
complied with.
B. No damage to Premises, and Premises is in the same condition as date of
move-in.
C. Entire Premises, including but not limited to range, refrigerator, bathroom,
closets and cabinets are clean, all debris and trash removed and placed in
proper containers, the carpet vacuumed, and all surfaced floors cleaned.
D. No unpaid late charges, outstanding pet charges, delinquent rents, or any
charges under the terms of the lease and/or attachments are outstanding. NOTE:
Any unpaid amounts even if they have accumulated during the term of the lease
may be deducted from any of Tenant(s) funds held.
E. Tenant has occupied Premises for at least the Rental Agreement period and
completely vacated same.
F. Forwarding address given in person or by certified mail to Landlord and all
keys turned over to Landlord.
G. Written notice of the Tenant's intent to vacate the Premises and not renew
the Rental Agreement is sent via certified mail to the Landlord a full 30 days
prior to vacating the rental Premises.
H. Any property belonging to the Owner including but not limited to pool passes,
keys, access keys, gate openers, etc. must be returned.
I. Tenant must provide proof of a final payment of all utilities.
J. Tenant to provide proof of professional extermination for ticks and fleas if
pet was allowed on the Premises.
If any of the above conditions are not complied with, a claim will be imposed
upon the funds held including but not limited to any pet or other deposits. All
deposits refunded will be sent to the Tenant's forwarding address within 15 days
of the Tenant vacating the premises and complying with all terms of this
agreement unless the Landlord imposes a claim on said security deposit. The
refund check will be one check only made payable to the individual whose names
appear as signing residents of the lease. No refund checks may be picked up in
person.
Tenant's Initials (/S/ JAM)( ) Landlord's Initials (/S/ MFN)( )
------- ------- ------- -------
Page 6 of 6
