Lease Under Florida Management/Resident Statutes

 

Management: Dan Long (hereinafter called Management) . . . Resident(s): Claribel Lopez Clemente and Javier Silva Gonzalez (hereinafter called Resident). Each Resident is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement.

PROPERTY: 5428 MOXIE BLVD; ORLANDO, FL 32839

Subject to the terms and conditions in this Agreement, Management rents to Resident, and Resident rents from Management, for residential purposes only, the premises located at 5428 MOXIE BLVD; ORLANDO, FL 32839, ("the premises"), together with the following furnishings and appliances: One (1) Electric Range Oven, One (1) Refrigerator, One (1) Microwave, One (1) central air conditioner, One (1) Clothes Washer, One (1) Clothes Dryer, One (1) Water Heater, Two (2) Exhaust Fans, One (1) Ceiling Fans, Light Fixtures, Window Blinds.

IN CONSIDERATION of the mutual covenants and agreements herein contained, Management hereby leases to Resident and Resident hereby leases from Management the above-described property under the following terms:

1. TERM. This lease shall be for a term of 12 months beginning April 1st, 2014 and ending Noon, March 31th, 2015.

2. POSSESSION: If there is a delay in delivery of possession by Management, 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, then Resident may void this agreement and have full refund of any deposit. Management shall not be liable for damages for delay in possession.

3. RENT. Resident will pay to Management a monthly rent of One Thousand Dollars ($1,000.00), payable in advance on the first day of each month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day.

If any check offered by Resident to Management in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment" or any other reason, Resident will pay Management a returned check charge of $40.00 or 5% of the amount of the check whichever is greater for each check. All future payments must then be made in cash (U.S. legal tender, in $10 bills or larger), money order or bank/cashiers check.

4. RENT DISCOUNT. Time is of the essence of this agreement. If the rent is USPS Postmarked or accepted before the close of business day, 15 days before the first of each month, the rate will be Nine Hundred Seventy dollars ($970.00); any returned checks will be considered as unpaid rent and not subject to discount. IN ADDITION, rent, when paid in cash will be discounted an additional Twenty dollars ($20.00);

5. PAYMENT. Payment must be received by Management at:

DAN LONG
649 STARSTONE DR.
Lake Mary, FL 32746-6397

or such place as designated by Management in writing. United States Postal Office's postmark or returned receipt will be used to determine the timely of payment. Canceled check shall be used as payment receipt.

If Resident fails to pay the rent in full before the end of the 5th day after it's due, Resident will pay Management a late charge of $50.00, plus $10.00 for each additional day that the rent remains unpaid. Management does not waive the right to insist on payment of the rent in full on the date it is due.

6. DEFAULT. In the event Resident defaults under any terms of this lease, Management may recover possession as provided by Law and seek monetary damages.

7. EVICTION. If the rent called for in paragraph 3 hereof has not been paid by the fifteenth (15th) of the month, then Management shall automatically and immediately have the right to take out a Dispossessory Warrant and have Resident, his/her family and possessions evicted from the premises.

8. SUBLET. Resident may not sublet residence or assign this lease without written consent of Management.

9. CREDIT APPLICATION. Management having received and reviewed a credit application filled out by Resident, and Management having relied upon the representations and statements made therein as being true and correct, has agreed to enter into this rental agreement with Resident. Resident and Management agree the credit application the Resident filled out when making application to rent said residence is hereby incorporated by reference and made a part of this rental agreement. Resident further agrees if he/she has falsified any statement on said application, Management has the right to terminate rental agreement immediately, and further agrees Management shall be entitled to keep any security deposit and any prepaid rent as liquidated damages. Resident further agrees, in event Management exercises its option to terminate rental agreement, Resident will remove him or herself, his/her family, and possessions from the premises within 24 hours of notification from Management of the termination of his lease. Resident further agrees to indemnify Management for any damages to property of Management including, but limited to, the cost of making residence suitable for renting to another Resident, and waives any right of "set off" for the security deposit and prepaid rent which was forfeited as liquidated damages.

10. FIRE AND CASUALTY: If residence becomes uninhabitable for any reason of fire, explosion, or other casualty, Management may, at its option, terminate rental agreement or repair damages within 30 days. If Management does not do repairs within this time or if building is fully destroyed, the rental agreement hereby created is terminated. If Management elects to repair damage, rent shall be abated and prorated from the date of the fire, explosion, or other casualty to the date of the reoccupancy, providing during repairs, Resident has vacated and removed Resident's possessions as required by Management. The date of reoccupancy shall be the date of notice that residence is ready for reoccupancy.

11. INDEMNIFICATION DEPOSIT. On signing this Agreement, Resident will pay to Management the sum of $500.00 dollars ($500.00) as a security deposit. Within 15 days after Resident has vacated the premises, returned keys and provided Management with a forwarding address. Security Deposit will be returned to Resident less a $100.00 cleaning charge, thirty (30) days after the residence is vacated if: (a) Lease term has expired or agreement has been terminated by both parties; and (b) All monies due Management by Resident have been paid; and (c) Residence is not damaged and is left in its original condition, normal wear and tear expected; and (d) Management is in receipt of copy of paid final bills on all utilities (including gas, electric, water, garbage, sewer, cable, internet, and telephone). (e) Deposit will not be returned if Resident leaves before lease time is completed. Deposit may be applied by Management to satisfy all or part of Resident's obligations and such act shall not prevent Management from claiming damages in excess of the deposit. Resident may not apply the deposit to any of the rent payment without Management's prior written consent, apply this security deposit to the last month's rent or to any other sum due under this Agreement. (f) Management will give Resident an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by the Management, along with a check for any deposit balance.

12. UTILITIES. Resident agrees to pay all utility charges on the property including telephone, electric, trash, water, sewer, internet, cable, etc.

13. MAINTENANCE. Resident has examined the property, acknowledges it to be in good repair, and agrees to keep the premises in a safe, clean, and sanitary condition. Also that they shall cause no violation of local zoning or ordinances including parking of vehicles on unpaved areas. Resident may not remodel or paint or structurally change, nor remove any fixture therefrom without written permission from Management. All requests must be submitted in writing with details of change along with relavant wallpaper swatches, paint chips, mocked photos, drawings, etc.

Resident agrees to change air conditioning filters at least every 1 month and shall be responsible for any damage or service calls if this is not done.

If Management is required to perform any maintenance or repairs due to improper maintenance or which is determined not to have been caused by normal wear and tear, it is agreed there is a $75.00 deductible for each service call, payable by Resident at time of service, on each and every maintenance service call done by Management or his agents.

14. LOCKS. If Resident adds or changes locks on the premises, Management shall be given copies of the keys. Management shall at all times have keys for access to the premises in case of emergencies.

15. ASSIGNMENT. This lease may not be assigned by Resident without the prior written consent of the Management.

16. USE. Resident shall not use the premises for any illegal purpose or any purpose which will increase the rate of insurance and shall not cause a nuisance for Management or neighbors.

The premises are to be used only as a private residence for Resident(s) listed on this Agreement, and their legal minor children. The presence of an individual residing on the premises who is not a signator on the rental agreement will be sufficient grounds for termination of this agreement. Resident shall be used so as to comply with state, county, and municipal laws and ordinances. Resident shall not use residence or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with other Resident's quiet enjoyment of their residence.

17. LAWN. Resident agrees to maintain the lawn and shrubbery on the premises at his expense including fertilizer and pest control if needed.

18. LIABILITY. Management shall not be liable for damages to Resident's property for any type for any reason or cause whatsoever. Resident acknowledges that he/she is aware that he/she is responsible for the security of the property and insurance on his own property for fire, theft, liability, etc. and agrees not to hold Management liable for any damages or injury to Resident(s), Residents' family, Residents' guests or property.

19. ACCESS. Management reserves the right to enter the premises for the purposes of inspection and repair or maintenance during reasonable hours with reasonable notice except in case of emergencies to protect life and prevent damage to property.

20. PETS. Animals, birds, reptiles or pets of any kind shall not be permitted inside the residential unit at any time unless prior written approval of Management has been obtained. In cases where written approval has been received, there shall be a N/A non-refundable pet deposit. Any pets found on the property without the Management's knowledge will be presumed to be strays and removed by animal control.

21. OCCUPANCY. The premises shall not be occupied by more than six adults and/or children: Two persons in each of the three bed rooms. Because of extensive tile floor covering, anyone who has trouble walking or maintaining balance may not occupy the premises since it presents a health hazard.

Occupancy by guests for more than 15 days is prohibited without Management's written consent and will be considered a breach of this Agreement.

22. RESIDENT'S APPLIANCES. Resident agrees not to use any heaters, fixtures or appliances in a manner likely to cause a fire or other damage.

23. PARKING. Resident agrees that no parking is allowed on the premises except on paved areas. No boats, recreation vehicles or disassembled automobiles may be stored on the premises.

24. FURNISHINGS. Any articles provided to Resident and listed on attached schedules are to be returned in good condition at the termination of this lease.

25. ALTERATIONS AND IMPROVEMENTS. Resident shall make no alterations to the property without the written consent of the Management and any such alternations or improvements shall become the property of the Management. Resident will install and maintain a smoke detector and fire extinguisher.

26. ENTIRE AGREEMENT. This lease constitutes the entire agreement between the parties and may not be modified except in writing and signed by both parties.

27. INDEMNIFICATION. Resident releases Management from liability for and agrees to indemnify Management against losses, incurred by Management as a result of (a) Resident's failure to fulfill any condition of this agreement; (b) any damages or injury happening in or about residence or premises to Resident's invitees or licensees or such person's property; (c) Resident's failure to comply with any requirements imposed by any government authority, and (d) any judgment, lien, or other encumbrance filed against residence as a result of Resident's action.

28. HARASSMENT. Resident shall not harass the Management or other Residents.

29. ATTORNEY'S FEES. In the event it becomes necessary to enforce this Agreement through the services of an attorney, Resident shall be required to pay Management's attorney's fees.

30. SEVERABILITY. In the event any section of this Agreement shall be held to be invalid, all remaining provisions shall remain in full force and effect.

31. RECORDING. This lease shall not be recorded in any public records.

32. WAIVER. Any failure by Management to exercise any rights under this Agreement shall not constitute a waiver of Management's rights.

33. ABANDONMENT. If Resident removes or attempts to remove property from the premises other than in the usual course of continuing occupancy without having first paid Management all monies due, residence may be considered abandoned, and Management shall have the right without notice to store or dispose of any property remaining on the premises by Resident. Management shall also have the right to store or dispose of any of Resident's property remaining on the premises after the termination of this agreement. Any such property shall be considered Management's property and the title thereto shall vest in Management.

In the event Resident abandons the property for more than 15 days without payment of rent, prior to the expiration of the lease, Management may relet the premises and hold Resident liable for any costs, lost rent or damage to the premises. Management may dispose of any property abandoned by Resident without notice.

34. REMEDIES CUMULATIVE. 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 Resident shall pay to Management all expenses incurred in connection therewith.

35. SUBORDINATION. Resident's interest in the premises shall be subordinate to any encumbrances now or hereafter placed on the premises, to any advances made under such encumbrances, and to any extensions or renewals thereof. Resident agrees to sign any documents indicating such subordination which may be required by lenders.

36. SURRENDER OF PREMISES. At the termination or expiration of the term of this lease, Resident shall immediately surrender the premises in as good condition as at the start of this lease. This will include steam cleaning the carpet, cleaning thoroughly, patching any holes and repainting where necessary. Resident agrees to give WRITTEN notice of any defects with property within 10 days of moving in; a form will be supplied by the Management for this purpose.

37. LIENS. The estate of Management shall not be subject to any liens for improvements contracted by Resident.

38. RULES AND REGULATIONS: (a) Signs: Resident shall not display any sign, exterior lights, or markings. No awnings or other projections (i.e.: satellite dish) shall be attached to the outside of the building. (b) Locks: Resident is prohibited from adding locks to, changing, or in any altering locks installed on the doors without providing, free of charge, copies of keys to Management of the premises. All keys must be returned to Management of the premises upon termination of the occupancy. (c) Entrances, walks, lawns, and driveways shall not be obstructed or used for any other (d) Radio or television aerials shall not be placed or erected on the roof or exterior without prior Management approval. (e) Parking: Non-operative vehicles are not permitted on premises. Any such non-operative vehicle may be removed Management at the expense of Resident owning same, for storage or public or private sale, at Management's option, and Resident owning same shall have no right of recourse against Management therefor. (f) Storage: No good or materials of any kind or description which are combustible or would increase fire risk or shall in any way increase the fire insurance rate with respect to the premises or any law or regulation, may be taken or placed in a storage area or the resident itself. Storage in all such areas shall be at Resident's risk and Management shall not be responsible for any loss or damage. (g) Walls: No nails, screws, or adhesive hangers except standard picture hooks, shades brackets, and curtain rod brackets may be placed in walls, woodwork, or any part of resident. (h) Guest: Resident shall be responsible and liable for the conduct of his/her guests. Act of guests in violation of this agreement or Management's rules and regulations may be deemed by Management to be a breach by Resident. No guest may stay longer than 15 days without permission of Management: otherwise a Twenty Dollars ($25.00) per day guest charge will be due Management. (i) Noise: All radios, television sets, phonographs, etc. must be turned down to a level of sound that does not annoy or interfere with neighbors. (j) Resident shall maintain his/her own yard and shrubbery and furnish his/her own garbage can. (k) Resident's Guide: Management reserves the right at any time to prescribe such additional rules and make such changes to the rules and regulations set forth and referred to above as Management shall, in its judgment, determine to be necessary for the safety, care, and cleanliness of the premises for the preservation of good order or for the comfort or benefit of Residents generally. (l) Smoking is NOT permitted within in the premises.

39. LIENS. The estate of Management shall not be subject to any liens for improvements contracted by Resident.

40. ENTIRE AGREEMENT: This agreement and any attached addendum constitute the entire agreement between the parties and no oral statements shall be binding. It is the intention of the parties herein that if any part of this rental agreement is invalid for any reason, such invalidity shall not void the remainder of the rental agreement.

 

41. MISCELLANEOUS PROVISIONS.

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Dan Long as agent for Management: __________________________________ Date ________


(SIGN) : ___________________________________ Date _______

        Claribel Lopez Clemente


(SIGN) : ___________________________________ Date _______

        Javier Silva Gonzalez


(SIGN) : ___________________________________ Date _______

        n/a

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 public health unit.