Rental Lease Agreement

Transcription

1 Rental Lease Agreement BEGINNING LEASE DATE: ENDING LEASE DATE: This Rental Lease Agreement (hereinafter referred to as Lease ), dated, is between RODRIGUEZ PROPERTY MANAGEMENT LLC AS AGENT FOR OWNER (hereinafter referred to as Landlord ) and First name Middle names Last name Jr/Sr/III First name Middle names Last name Jr/Sr/III (hereinafter referred to as Tenant ). Tenant s printed name must match the government-issued photo ID on file with the Landlord. The Landlord s mailing address for receipt of notices is:. The Tenant may be noticed by mailing to the property address, by delivering a copy to the Tenant, or by leaving a copy at the premises. Any and all changes to the lease must be in writing and signed by both parties to be enforceable. The document will be signed in triplicate in blue ink. The Tenant will take the lease to the utility company to have the utilities transferred to Tenant s name. Upon proof that the Tenant has placed the utilities in his name, the Landlord will turn over keys to the property. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions contained herein, the dwelling located in the County of Osceola, State of Florida, commonly known as. The following appliances are provided by the Landlord:. The rental application is incorporated herein. By signing this Lease, applicants/tenants represent and swear that all items on the rental application are true and complete. Any representations made on the rental application which are not true will be grounds for immediate termination of the Lease. A one-time administrative fee of $ is due and payable at the time of the signing of this lease. 1. Lease Term. (for no more than one year, please seek legal advice if over 365 days) Lease Term is twelve months for the period commencing on and thereafter until, at which time this Rental Lease Agreement shall terminate. Tenant will notify Landlord of Tenant s intent to not renew in writing no less than thirty days prior to expiration of the lease term. Tenant will be charged rent each day until Tenant turns over keys to Landlord. If this lease expires without Landlord and Tenant renewing, all of the current terms and conditions shall apply, but the term shall be month-to-month and the rent due shall double. 2. Rent. Rent is due monthly in the amount of. If the first month is prorated, the rent due for the first month will be. Tenant shall pay Landlord rent by check or money order brought to the address stated above or handed directly to the Landlord, without demand. Rent is due and payable on the first day of the month for which rent is due. Rent mailed through the United States Postal Service is at Tenant s risk. Rent deposited into the mailbox and not handed directly to the Landlord is at Tenant s risk. Any rents Late due to slow or lost delivery or burglary of the mailbox or drop will be treated as if unpaid until received by Landlord. If the rent due is not received in its entirety, rent is considered unpaid. If a Tenant check is dishonored for any reason, Landlord shall charge Tenant $40.00 or the bank charges assessed against Landlord, whichever is greater. Landlord shall have the right to demand that all future payments be made by money order or cashier s check. Late charges in the amount of the greater of five percent (5 %) or fifty dollars ($50.00) are due and payable immediately when Rent is not paid by the end of the fourth day of the month. Additionally, a fee of $3.00 per day will begin accruing on the sixth day of the month when the rent has not been paid. All amounts Rental Lease Agreement Exhibit A Page 1 of 8

2 due are considered additional rent for purposes of calculating money due to the Landlord. All payments collected will be applied to the Tenant s Ledger Card / Account in the following order, as applicable: Security Deposit, Pet Deposit, Pet Fee, Late Charges, Insufficient Funds Charges, Maintenance Charges, Legal Fees, Court Costs/Sheriff Fees, Rent. Any and all charges shall be considered Additional Rent. The application of payment made to charges will be this order, regardless of notation or memorandum written on check. 3. Default / Action by the Landlord to collect Rent. Tenant shall make certain that Rent is received by the Landlord by the end of the first day of the month for which Rent is due. A Notice to Pay or Quit may be served on the Tenant if Rent is not received by the end of the first day of the month. Landlord will accept only the full amount stated on the Notice, however, if the Landlord accepts partial payment, the Landlord does not waive the right to accept only the full amount in the future. Any late charge will be considered Additional Rent. The acceptance by Landlord of partial Rent payment shall not constitute a waiver by Landlord or affect any notice or legal proceeding in unlawful detainer. In the event Landlord hires an attorney to handle violations of lease including non-payment of rent and/or begins an eviction action, the Tenant will be responsible for Attorney Fees, Court costs (approximately $200.00), Process Server fees (approximately $40.00 per person) and Sheriff fees for execution of Writ of Possession (currently $90.00). Furthermore, Tenant will be responsible for payment of the judgment amount. Judgment shall bear interest at the highest statutory rate allowed, until paid in full. Tenant understands and agrees that Landlord will report Tenant to credit reporting agencies and to local and state Landlord Associations for inclusion on the Do Not Rent To or Bad Tenant list. Furthermore, the debt will be reported to all credit reporting bureaus and Landlord may garnish Tenant s income. 4. Legal Action. Landlord will charge Tenant for all actual and reasonable legal expenses incurred by way of Tenant s violation of any term or provision of the Lease, including, but not limited to all court costs, attorney fees, and costs of collection. Any such costs will be due as additional Rent. Any legal action will be filed in the same jurisdiction that the property is located in. Attorney fees will not apply in the case of personal injury cases. Tenant agrees that Landlord may garnish wages and/or bank accounts if Landlord receives money damages judgment and Tenant does not pay the debt. 5. Waiver of Jury Trial. Landlord and Tenant agree that they waive their right to demand a jury trial to settle any disagreements between them. 6. Tenant Waives Claim. Tenant waives any and all right to assert affirmative defenses or counterclaims in any eviction action filed by the Landlord with the exception of an affirmative defense based upon payment of all amounts claimed by Landlord not to have been paid by Tenant. Tenant may only advance other matters in a separate suit. 7. Security Deposit. The security deposit must be paid upon signing of this Rental Lease Agreement. Tenant hereby delivers to Landlord as a security deposit to reimburse the Landlord for (a) actual damages to the property; (b) all unpaid charges; and (c) any utility bills incurred by the Tenant which are chargeable to Landlord. All such charges are considered Additional Rent. The Tenant remains responsible for any balance remaining after the Landlord applies the security deposit to Tenant debt. The Landlord is required to keep the security deposit in a separate account and may not commingle the deposit with his own funds. Tenant agrees that the Security Deposit is not to be used as rent and agrees that the full monthly rent will be paid on or before the first day of every month, including the last month of occupancy. Owner/Management policy is that the Move-Out Inspection will be conducted after Tenant has turned over keys and has left the property. Tenant is not allowed to be present during the walkthrough Move-Out Inspection. Tenant may make Rental Lease Agreement Exhibit A Page 2 of 8

3 notes and take pictures prior to turning over keys to Landlord/Management. If Tenant objects to the taking of the Security Deposit, the Tenant must file a lawsuit within the county where the property is held within thirty days of notification by the Landlord, or the Tenant has consented to the taking of the Deposit. a. The following conditions must be met in order to receive the entire security deposit back: 1. No balance is owing on the tenant ledger account for rent or non-rent items. 2. One full calendar month s notice in writing was given prior to leaving the property. 3. No damage to the property beyond normal wear and tear. 4. Entire premises, including range, exhaust fans, refrigerator, bathrooms, closets, cabinets, and carpet are clean. The refrigerator must also be defrosted. 5. No stickers or scratches or holes in the walls. No charge will be made for holes caused by a standard picture hanging hook or bulldog hook not to exceed three (3) per wall if utilized and left in the wall. All burnt-out bulbs are to be replaced. 6. No indentations or scratches in wood or resilient flooring. 7. All keys and remote openers are returned. 8. All debris and rubbish and discards placed in proper rubbish containers. 9. Forwarding address left with management/owner. 10. The costs of labor and materials for cleaning and repairs and delinquent payments will be deducted from the Security Deposit if the above (1) through (9) are not complied with. The Security Deposit will be refunded by a check mailed to the forwarding address and made payable to the order of all persons signing the lease. 11. Any money given up front will be considered Security Deposit. (No amount of money will be treated as Last Month s Rent. ) b. The Name and Address of the Depository where the security deposit is being held:. The account is a non-interest- interest-bearing account. YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND. YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY. THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS. 8. Residents. The Tenant agrees to use the property as a dwelling for adults and children. The non-tenant names are: Rental Lease Agreement Exhibit A Page 3 of 8

4 . Only the named Tenant(s) and named children will have the right to possess and occupy the premises. The Tenant will inform the Landlord of any guest who is on the property more than three nights. Residence by any guest of longer than ten days is conditioned upon the Landlord s approval in writing and may be considered a violation of the lease unless approved by Landlord. This lease is not assignable. No subletting is allowed. 9. Pets. Any animal kept on the property without the Landlord s express and written approval is a violation of the Lease. Type of pets allowed on the property and names:. Pet Fee: $ per pet (non-refundable) Pet Deposit: $ per pet (refundable upon proof at Move-Out Inspection of no damage). 10. No Assignment. Tenant will not sublease/sublet any portion of the property to any other person whose name is not expressly written in this Lease. Written permission from the Landlord must be given before any person can move in. Covenants in this section once breached cannot be cured and unlawful detainer proceedings may proceed at once without notice to Tenant. 11. Prohibition. Neither the Tenant nor family member nor guest may: a. Install any water bed, floor safe, whirlpool bath, or any other heavy objects on the premises. b. Keep or bring onto the premises any flammable object or anything in the explosive category. c. Install any equipment or appliance that would cause an unsafe condition on the premises. d. Change or install any lock on the premises. If lock is changed, tenant agrees that Landlord may inspect the premises with a locksmith, change the lock, charge the tenant, and give tenant a copy of the new key. A Notice of Violation of Lease or Seven Day Notice to Cure will be issued to the Tenant. e. Paint or decorate other than hanging three pictures on each wall with the smallest hanging device for the task. f. Act in such a way as to damage the Landlord s neighbors rights or interfere with their quiet enjoyment of their property. g. Allow any activity on or around the premises that would result in an increase in fire insurance premiums for the premises. h. Accumulate refuse in the dwelling or on the grounds of the premises that might pose a health hazard or result in fines and cleanup fees. 12. Abandonment. If the Tenant removes substantially all of the Tenant s tangible property from the premises, the Landlord may immediately enter and repossess the premises without abatement of rent, and these acts shall not affect the Tenant s obligations under Lease. If the Tenant abandons the premises before the Lease expires, all Rent due for the remainder of the term of the Lease shall become immediately due. If Tenant is gone from the property for fifteen days or longer without notice to the Landlord, Landlord may assume that Tenant has abandoned the property, even if the Tenant s tangible property is in evidence. Furthermore, proof that a utility has been turned off longer than 48 hours shall constitute bona fide evidence that the property has been abandoned and Landlord may retake possession immediately. Tenant will be charged rent until keys are turned in, the sheriff executes a Writ of Possession, or Landlord retakes possession after the abandonment period. If Landlord suspects abandonment, Landlord may inspect with a locksmith if necessary and change the locks, giving the tenant a key if tenant is actually still in possession. 13. Abandoned Property. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING Rental Lease Agreement Exhibit A Page 4 of 8

5 UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. Florida Statutes section (5) 14. Regulation by other entity. Tenant must abide by all community rules, regulations, laws and ordinances. This includes, but is not limited to, Condominium / HomeOwner Association rules, covenants, deed restrictions, city ordinances, county laws, and state statutes. 15. Renewal of Lease. Tenant and Landlord may agree in writing to renew the Lease for additional year(s). The rent due is double upon failure to complete a new lease. Tenant must give notice of vacating at lease end with at least thirty days notice. If Tenant vacates premises before Lease end or if Landlord cancels Lease due to Tenant s violation of lease terms, Tenant will owe either rent for the remainder of the Lease or liquidated damages not to exceed two month s rent. Please see Liquidated Damages Addendum. Upon expiration of the initial or renewal terms, the tenancy shall become a month-to-month tenancy. Upon expiration of the initial or renewal terms, any and all provisions of this written agreement shall remain in full force and effect. 16. Holding Over after Lease Term expires. In the event that Tenant fails to vacate the premises after the expiration of the Term and Landlord and Tenant cannot come to an agreement, Tenant agrees that Tenant will pay double rent after the expiration of the rental term until and unless Tenant turns over all keys and vacates the premises with all belongings. 17. Utilities. Utilities include: Trash Collection, Water, Sewer, Electric. Tenant will be responsible for all utilities and other bills incurred during the term of Lease. Any exceptions will be noted here:. Tenant hereby gives express permission for the Landlord to have access to the information contained in any utility account. Turnoff of any utility for more than 48 hours is considered grounds for eviction, a material breach of this lease and evidence of abandonment. The Tenant must take this written Lease Agreement to the utility company to open an account in Tenant s name. The Tenant must open accounts with all utilities and then mail or proof to Landlord within 48 hours of the beginning date of this Lease. 18. Maintenance. Maintenance of any yard, garden, lawn, pool, whirlpool tub, etc., shall be the Tenant s responsibility. If any repairs are required or if any damage occurs, the Tenant shall notify the Landlord at once, by phone and by sending an to the Landlord. The Landlord shall be responsible for any repair not caused by the Tenant or his guests. 19. Luxury Items Maintenance. Tenant acknowledges that ceiling fans, clothes washer, clothes dryer, sheds, pool heater, garage door remotes, whirlpool tubs, ice makers, and garbage disposal are luxury items and are for tenant convenience only. The Landlord is not obligated to repair or replace these items during the tenancy. 20. Access to the premises by Landlord. Landlord and Landlord s Agent will have right of access as follows: immediately upon reasonable belief that such access is necessary to protect human life and property; twelvehour notice for inspection of the property; twelve-hour notice to show the property. All areas of the property are subject to inspection and access. Notice shall be given by telephone and, if reasonable, by written communication. It is not necessary that tenant be present for an inspection. Landlord has the right to send or bring agents with Landlord for the inspection/maintenance. Rental Lease Agreement Exhibit A Page 5 of 8

6 21. Repairs. Tenant agrees that Tenant has had a chance to examine the property and agrees that property is in good condition, with adequate notes taken on the Move-In Report. Landlord makes no representations/warranties as to the condition of the property, buildings, utilities, electric, plumbing, appliances, or the neighborhood. Tenant will make no alteration to the premises without the express prior written consent of the Landlord. Tenant is required to obtain all necessary licenses and permits for any work. Tenant warrants that he will be accountable for any liability resulting from such work, and will defend, indemnify and hold harmless the Landlord and Landlord s Agent free from claim of any other person or entity. All improvements to the premises shall be the property of the Landlord and remain attached and a part of the property when Tenant leaves. Landlord is to be notified immediately by phone and in writing when the need arises for repair. Landlord will be responsible for necessary repairs when notified at the earliest determination of such need. Tenant will be billed for repairs that are due to Tenant neglect or use/misuse. Landlord must pre-approve any repairs in writing. Tenant will be responsible for necessary minor repairs / cosmetic changes when Tenant does not timely notify Landlord or when the repair/cosmetic cost is under $ Interior paint color, when painting is approved by Landlord, shall be Off-White. Landlord retains the right to inspect before, during and after repairs and cosmetic changes to insure quality work. Landlord may send or bring agents to the maintenance / inspection visits. Landlord may find it necessary to take pictures and/or video of the premises to document the state of the premises. Landlord will take reasonable efforts to not photograph Tenant s personal property, but it may prove necessary in order to take the pictures or video. 22. Window Screens and Smoke Detector Maintenance. The owner will be responsible for installing working window screens and working smoke detectors at the beginning of the tenancy. Tenant is responsible for the upkeep of all smoke detectors and will replace batteries as needed. Tenant may request the replacement or repair of window screens during the year. The owner is responsible for upkeep of screens once annually and will charge Tenant for any repair or replacement of the window screens as needed. 23. NO SMOKING. Tenant agrees that there will be no smoking indoors. 24. Interruption of Services. As long as the premises are habitable, any interruption of services or utilities, inconvenience, or discomfort arising from repairs or improvements to the premises shall not affect the Lease, reduce the Rent, or be construed as an eviction. 25. Damage or Destruction of Premises. If the premises are damaged or partially destroyed, but can be restored to a habitable condition, the Landlord shall repair the damages with reasonable speed. The Landlord s obligation to repair shall be limited to the money received in insurance proceeds. The Tenant s obligation to pay Rent shall be suspended until the premises are repaired to a habitable state. If damages are such that the premises cannot be repaired within a reasonable time, either party may terminate the Lease by giving the other party written notice within fifteen days after the damage or when the damage is discovered. The Landlord is not responsible for a reasonable delay or for providing housing for the Tenant during repairs. 26. Property Loss or Damage. To the extent permitted by law, the Landlord and his Agent shall not be liable for any damage to property or loss of property that is caused by criminal act or casualty loss on the premises. In the event that the premises are damaged through no fault of the Tenant and cannot be restored within a reasonable time, this Lease shall terminate with no further liability of either party. The Tenant should obtain renter s insurance to protect their belongings. 27. Indemnification, Hold Harmless, and Criminal Activity. Tenant agrees to hold Landlord harmless for any damages resulting from the negligence, omissions, faults, and willful misconduct of Tenant, Tenant s family, Rental Lease Agreement Exhibit A Page 6 of 8

7 Tenant s guests, and any third party. Tenant agrees that the Lease is terminated immediately upon any criminal activity by Tenant, Tenant s family, Tenant s guests, or any third party on the premises. Tenant agrees to indemnify, hold harmless, and pay Landlord for any damages arising from liability under this paragraph caused by Tenant, Tenant s family, Tenant s guests, or any third party. Criminal activity is a non-curable, material violation of the Lease and shall be proven by a preponderance of the evidence, not requiring conviction for the offense. 28. Radon Gas. 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 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 health department. For more information about radon, call the national hotline at 800-SOS-RADON. 29. Lead Paint. Disclosure of Information on Lead-Based Paint and / or Lead-Based Paint Hazards. Lead Warning Statement. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor s disclosure: (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i) Known lead-based paint and/or lead/based paint hazards are present in the housing (explain) (ii) Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the lessor (check (i) or (ii) below): (i) Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). (ii) Lessor has no report or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Lessee s Acknowledgement (initial) (c) Lessee has received copies of all information listed above. (d) Lessee has received the pamphlet Protect Your Family From Lead in Your Home. 30. Mold. Landlord will supply Tenant with a Mold Disclosure Pamphlet within thirty days of move-in. Tenant understands and agrees that the HVAC unit (air conditioning and heating unit) should be used, as humidity is high in Florida. Tenant understands and agrees that it is Tenant s responsibility to change the air filter once a month or more often as needed in order to property maintain the HVAC unit. Any damage to the coils or any other part of the system caused by tenant s household is immediate cause for termination of lease and damages will be assessed against tenant s account. 31. Military Servicemembers. If Tenant should receive orders from the Military/U.S. Civil Service requiring Tenant to move, Tenant may terminate the Lease with thirty days written notice to the Landlord and a copy of the order. 32. Keys. Landlord turns over the following keys after signing of this Lease. Front Door Keys Garage Remote Gate Opener Mailbox Keys 33. Miscellaneous. A. Time is of the essence of this Lease. B. A facsimile copy of this Lease shall be accepted as an original for all purposes. C. Binding Nature: The Lease shall be binding upon and shall inure to the benefit of the heirs, personal representatives, executors, successors and permissible assigns of the Landord and Tenant, subject to Rental Lease Agreement Exhibit A Page 7 of 8

8 approval and other requirements of the Lease. The use of one gender shall apply to both genders and the reference to a singular person shall apply to all persons, singular or plural. D. Changes: Any and all changes to the Lease must be in writing and signed by both parties. E. Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party s right to subsequently enforce and compel strict compliance with every provision of this Lease, regardless of whether the initial term, renewal term, or month-to-month-afterexpiration-of-initial-term applies. F. If Tenant files bankruptcy, a copy of the filing must be sent to Landlord immediately. G. The commencement of foreclosure actions do not nullify the contract between Landlord and Tenant. Tenant is responsible for rent payments regardless of any action undertaken by Landlord s mortgage company. 34. Entire Agreement. The preceding paragraphs, Mold Addendum, Drug Crime Addendum, Pet Addendum, and The Tenant Handbook make up the entire agreement between the parties. Any and all changes to the Lease must be in writing and signed by both parties. Ivette Rodriguez, as Manager, Rodriguez Property Management, LLC. for Owner Date above Tenant 1: Tenant 2: Name: Name: Rental Lease Agreement Exhibit A Page 8 of 8