RESIDENTIAL LEASE FOR UNIT IN CONDOMINIUM OR
COOPERATIVE
Condominium Lease |
(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 ___ months (the "Lease Term")
beginning _______ and ending _______, between Ed Baur Management,
Inc. (name of owner, or owner's agent of the property) and
_____________ (name(s) of person(s) to whom the property is
leased). (In the Lease, the owner, or owner's agent, 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. ____ in the building located at _______________
known as __________________, ____________ Florida _____ property
code ____. (In the Lease the property leased, including furniture
and appliances, if any, is called "the Premises.") |
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 in accordance with all applicable association rules. |
IV. |
RENT PAYMENTS AND CHARGES.
Tenant shall pay total rent for the Premises
of $_______ in installments of $______ each on the First day of
each Month. (A "Rental Installment Period," as used in the Lease,
shall be a month if rent is paid monthly.) A pro-rated rent of
$______ for a period of ___ days beginning _________ and ending
_________, is due and payable _________. Rent is due the first
day of each month and is late on the sixth regardless of post
mark. A late fee of ten percent on rent or any unpaid portion
thereof or installment payments, plus a dollar a day from the
sixth of the month until the rent is paid in full will be assessed
to the Tenant. Any costs and attorney's fees incurred by
Landlord as a result of Tenant's failure to pay rent,
installment payments, or late fees will be the responsibility of
the Tenant. LATE FEES ARE STRICTLY ENFORCED AND ANY UNPAID
FEES ARE NOT WAIVED. In addition to any other remedies, if
Tenant does not pay rent by the fifteenth of the month, Landlord
at his sole option, may accelerate the entire balance due and
declare it payable immediately. If Landlord accepts any portion
of the monies owed by Tenant, that does not relieve Tenant from
obligation to pay the balance of the money owed, nor will the
acceptance of any money from Tenant by Landlord while Landlord
knows of any breach of this Lease. A fee of $25.00 is charged
for any returned check and Landlord will require future payments
to be made by money order or cashier's check. Do not deduct any
amount of money from your rent. Any and all fees or charges
assessed to Tenant by Landlord during the term of the Tenant's
occupancy, including but not limited to repair for damage created
by Tenant's use of property, shall be considered rent. Any
unpaid portion of rent owed to Landlord by Tenant upon Tenant's
permanent separation from Premises can and will be reported to
Equifax credit bureau by Landlord. Tenant shall pay the rent
and all other charges required to be paid under the Lease by
valid check, or money order. Landlord may appoint an agent to
collect the Lease Payment and to perform Landlord's obligations.
Only one check or money order, made out to the Landlord, is
accepted for rent payment and must show rental address.
No monies from third parties not on the lease are accepted. |
V. |
DEPOSITS, ADVANCE RENT, AND LATE CHARGES.
In addition to the Lease Payments described above, Tenant shall
pay the following: (check only those items that apply)
____ a security deposit of $_____ to be paid at time of application.
____ advance rent in the amount of $_____ for the Rental Period of _______
to be paid upon signing the Lease.
____ installment charges of $_____ to be paid upon signing the Lease.
____ advance rent installments in the amount of $_____ for the
Rental Period of ______ to be paid ______.
____ advance rent installments in the amount of $_____ for the
Rental Period of ______ to be paid ______.
____ advance rent installments in the amount of $_____ for the
Rental Period of ______ to be paid ______.
____ a pet fee in the amount of $_____ to be paid upon signing
the Lease.
_X__ a late charge in the amount of $ 25.00
plus $1.00/day for each Lease Payment made after the 5th of each
month.
_X__ a bad check fee in the amount of $25.00 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 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 noninterest-bearing account in a Florida
(SunTrust of Gainesville) banking institution. |
| B. |
The damage deposit is not refunded
if Tenant fails to occupy the property or violates this
Lease for any reason. |
| C. |
The deposit will be used to pay for
repairs and damages to the property beyond normal wear
and tear. |
| D. |
The deposit will be used to pay
$4.00 for each certified letter sent if a claim is made,
and to clean the unit, including cost of utilities to
do so, unless it is returned to the Landlord cleaned to
professional standards. |
| E. |
Unless otherwise noted, carpets must
be professionally cleaned by Tenant and a receipt from
a professional carpet cleaner furnished to Landlord at
time of Tenant's separation from the Premises, or the
cost of having it done will be deducted from the deposit. |
| F. |
Tenant acknowledges receipt of
Premises in good repair and clean condition. Exceptions
must be recorded on the Move-In-Condition form given
to Tenant at move in and returned to Landlord within
ten calendar days. Failure to notify Landlord in
writing will be construed as evidence of Premises being
fully acceptable. Tenant is responsible for obtaining
a receipt for return of this form. |
|
VII. |
DELAYED OCCUPANCY. In the event
Landlord is unable to deliver possession on the day specified in
the Lease contract, it is expressly agreed Landlord shall not be
liable for damages. However, no rent will be charged for the
days the property cannot be occupied. If Landlord cannot deliver
the property for occupancy within 15 days of the start of this
Lease, Tenant may cancel the Lease. Funds held by Landlord for
Tenant will be returned. If full use of the property is impaired
but does not substantially affect the use of the Tenant, rent
must still be paid. Landlord has the option to restore full
use of the property or proportionately reduce the rent. |
VIII. |
NOTICES. Ed Baur Management, Inc.
is Landlord's Agent. All notices to Landlord and all lease
Payments must be sent to Landlord's Agent at P.O. Box 15688,
Gainesville FL 32604 or delivered in person to the Agent's
office at 1731 NW 6th Street, Gainesville FL
unless Landlord gives Tenant written notice of a change.
Landlord'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. There are no verbal agreements.
Any notice to Tenant shall be given by mail, certified mail,
return receipt requested, or delivered to Tenant at the Premises.
If Tenant is absent from the Premises, a notice to Tenant may be
given by leaving a copy of the notice at the Premises. |
IX. |
USE OF PREMISES. The
use of the property is limited to ????? persons. 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. Occasional
overnight guests are permitted. An occasional overnight guest
is one who does not stay more than 3 nights in any calendar
month. Landlord's written approval is required to allow anyone
else to occupy the Premises. The Premises are located in a
condominium or cooperative development. The Lease, and Tenant'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 may
not keep or allow pets or animals on the Premises without
Landlord's 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. 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 not make any alterations or
improvements to the Premises without first obtaining Landlord's
written consent to the alteration or 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. |
X. |
PARKING. No car should be parked on
a lawn, in the street blocking driveways or dumpsters.
Violators are charged for necessitating special pick ups.
No vehicle should be lifted on blocks, jacked up, nor in any way
unusable for more than 24 hours. Storage of boats or RVs is not
permitted unless approved in section XXVI of this Lease. |
XI. |
LAWN CARE.
Lawn care is
Tenant responsibility unless noted otherwise in this lease. If
it is not done within seven days of written warning, Landlord
will have it done and bill Tenant. Additional plants and
shrubbery is welcome after Landlord approval, but must remain
when Tenant vacates. No trees nor shrubs may be removed from the
property. Trash must be kept orderly. Tenant is charged $35 to
clean up trash if it is not done within seven days of written
warning from Landlord. |
XII. |
KEYS. Keys once picked
up are Tenant responsibility. Landlord will not unlock a
residence for anyone. Keys must be returned to Landlord by noon
the last day of this lease. Tenant may never change locks, re-key,
nor add locks without Landlord permission and without providing
Landlord with two copies of any new key. Landlord has the right
to correct any unauthorized changes in keys and locks at Tenant
expense. |
XIII. |
MAINTENANCE. Landlord
and Tenant agree that the maintenance of the Premises must be
performed in the following manner.
| A. |
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. |
| B. |
Landlord's responsibility includes
the following:
| 1. |
The Landlord will comply
with applicable building, and housing codes
relating to the Property. In the absence of
applicable building, and housing codes the
Landlord agrees to maintain and repair the
following items in a manner capable of resisting
normal forces and loads:
Roofs, Porches, Windows, Exterior walls,
Screens, Foundations, Floors, Structural
components, Steps, and Plumbing (kept in
reasonable working order). |
| 2. |
The Landlord shall be
required to install working smoke detectors on
the Premises at time of Tenant's occupancy. |
| 3. |
Landlord is not responsible
for loss or inconvenience due to malfunctioning
appliances or utilities, or for damage to or
loss of property of any kind including but not
limited to refrigeration, air conditioning or
otherwise, while at the Premises. |
|
| C. |
Tenant's responsibility includes but
is not limited to the following:
| 1. |
All maintenance request are
to be made to Landlord. |
| 2. |
Tenant is never to engage a
repairman except to stop damage to the Premises
or to guard physical safety. |
| 3. |
Tenant will be charged for
repairs due to misuse of plumbing, fixtures,
appliances, switches, and bulbs. |
| 4. |
Unnecessary service requested
by Tenant will be billed to Tenant. |
| 5. |
Tenant must replace
air condition filters (or clean permanent
filters) once a month during occupancy. Any
service to air conditioning system required
as a result of dirty air filters will be
billed to Tenant. |
| 6. |
Washers and dryers are
accepted by Tenant in "as is"
condition, the first $75.00 of any
repair bill will be the Tenant's responsibility.
Repair above $75.00, including replacement,
will be the Landlord's responsibility. |
| 7. |
Repairs to disposals and
plumbing more than 30 calendar days into the
lease period are made at Tenant's cost. |
| 8. |
ALL STOPPAGES OF PLUMBING
(unless due to roots) will be repaired at the
Tenant's expense. |
| 9. |
Tenant's responsibility
shall include but not be limited to cracked or
broken windows, window operators or latches,
holes or tears in screens or missing screens,
holes or further damage to walls. |
| 10. |
Tenant will maintain the
outside patio, porch and lawn area related to
the unit unless otherwise noted in this lease,
including keeping porches, patios, lawn and
shrubbery neat, clean and free of debris. |
| 11. |
Tenant must maintain the
Premises in a clean and sanitary manner. |
| 12. |
Tenant must remove all
garbage from the dwelling unit in a clean and
sanitary manner. |
| 13. |
Tenant must keep all plumbing
fixtures in the dwelling unit clean, sanitary,
and in repair. |
| 14. |
Tenant must use and operate
in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, air conditioning,
and other facilities and appliances, including
elevators. |
| 15. |
Tenant will be liable for
any repairs when the damage was in any way
caused by the fault or negligence of said
Tenant or invitees of the Tenant. |
| 16. |
Tenant is responsible for
periodic testing of any smoke detector, fire
extinguisher or security device and prompt
reporting via certified mail of any malfunction
or the existence of ANY safety hazard.
Failure to so report shall relieve Landlord
from any liability that might otherwise exist
from any loss that may occur. |
|
|
XIV. |
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 ______, which Landlord agrees to provide
at Landlord's expense. Landlord is not liable for damages or
charges of any kind due to interruption in supply of water, heat,
electricity, or refrigeration or any other cause beyond the direct
control of Landlord. It is a breach of this lease for Tenant
to cause directly, or indirectly, any utility service to be
turned off during the term of this lease. |
XV. |
LANDLORD'S ACCESS TO PREMISES.
Landlord or Landlord's 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 for
the purpose of showing the Premises to prospective Tenants. |
| C. |
After reasonable notice to Tenant
for the purpose of showing the Premises to prospective
Buyers. |
| D. |
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 Tenant's consent; |
| 2. |
in case of emergency; |
| 3. |
when Tenant unreasonably
withholds consent; or |
| 4. |
if Tenant is absent from the
Premises for a period of at least one-half a
Rental Installment Period. |
|
|
XVI. |
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, or
gas (whether or not the utility service is under the
control of, or payment is made by, Landlord.) |
| B. |
Landlord cannot prevent Tenant's
access to the premises by any means, including, but not
limited to, changing the locks or using any bootlock or
similar device while the Tenant is in full compliance
with all terms of this Lease, applicable association
rules and guidelines, and local, state and national
laws governing Landlord/Tenant relationships. |
| 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 Tenant's personal
property from the Premises unless the action is taken
after surrender, abandonment, or a lawful eviction.
If provided in written agreement separate from the
Lease, upon surrender or abandonment by Tenant, Landlord
shall not be liable or responsible for storage or
disposition of Tenant'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 Tenant's absence. |
|
XVII. |
CASUALTY DAMAGE. If the
Premises are damaged or destroyed other than by wrongful or
negligent acts of Tenant or persons on the Premises with Tenant's
consent, so that the use of the Premises is substantially impaired,
Tenant may terminate the lease 30 days after the damage
or destruction and Tenant will 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. If Landlord is able to restore
reasonable use of the damaged property within 30 days after
damage, all terms of this Lease remain in effect and Tenant may
not terminate the Lease. Rent will be abated only for the
period in which the dwelling or any portion thereof was
substantially impaired. (For the purposes of this section,
"damaged or destroyed"Õ applies only to
structural deficiencies which cause the dwelling to be unsafe
or uninhabitable.) |
XVIII. |
DEFAULT
| A. |
Landlord's Default. Except as noted
below, Landlord will be in default if landlord fails
to comply with material provisions of the Lease and such
failure continues for more than 7 days after Tenant
delivers a written notice to Landlord that tells Landlord
how Landlord has violated the Lease. If Landlord's
failure to comply is due to causes beyond the Landlord's
control and if Landlord has made, and continues to make,
reasonable effort to correct the problem this Lease
shall remain in effect. |
| B. |
Tenant's Default. Tenant will be in
default if 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
Premises. |
| 2. |
Tenant fails to perform its
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 Landlord's or
other Tenant's property by an intentional act
or 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. |
|
|
XIX. |
REMEDIES AND DEFENSES.
| A. |
Tenant's Remedies. Tenant may have
remedies available at law or in equity. |
| B. |
Landlord's Remedies.
| 1. |
If tenant remains on the
Premises after expiration or termination of the
Lease without Landlord's written permission,
Landlord may recover possession of the Premises
in the manner provided for by law. Landlord
also may recover double rent for the period
during which Tenant refuses to vacate the
Premises. |
| 2. |
If Tenant defaults under the
Lease by failing to pay rent, as set forth in
section XVIII(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 XVIII(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. |
If Tenant has defaulted
under the Lease and Landlord has obtained a
writ of possession, if Tenant has surrendered
possession of the Premises to Landlord, or if
Tenant has abandoned the Premises, Landlord may:
| a. |
treat the Lease as terminated, and
retake possession for Landlord's own account; |
| b. |
retake possession of the Premises for
Tenant'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. |
|
| 5. |
If Landlord retakes possession
of the Premises for Tenant's account, Landlord
must make a good faith effort to re-lease the
Premises. Any rent received 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 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. Any advertising
costs incurred by Landlord in an effort to
re-lease the Premises will be billed to the
Tenant's account and considered rent. |
|
| C. |
Attorney's Fees. Any and all
Attorney's Fees and court costs incurred by the Landlord
through enforcement of this lease will be assessed to
the Tenant. |
|
XX. |
ASSIGNMENT AND SUBLEASING.
Tenant may not assign the Lease or sublease all or any part of
the Premises. |
XXI. |
LEASE TERMINATION. If
Tenant wishes to terminate this lease early, Landlord may, but is
in no way obligated, elect to re-lease the unit. In either case,
there is a service charge to the Tenant of 10 days rent or ________.
Until a new lease is signed, Tenant is responsible for all
obligations under this Lease. |
XXII. |
RISK OF LOSS. Landlord 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, guest, or visitors located in
or about the Premises, or for damage or injury to Tenant or
Tenant's family, agents, employees, guests or visitors. Tenant
acknowledges having had ample opportunity to examine the Premises
and agrees to examine the locks on all doors, and all windows
immediately upon taking possession and to report any defects in
these locks immediately to Landlord. Tenant agrees and
acknowledges that protection against criminal action is not
within the power of the Landlord and, even if from time to
time security services are provided, those services cannot be
relied upon by Tenant and shall not constitute a basis for
liability in any manner for criminal or wrongful actions by
others against Tenant or invitees. All personal property kept
by Tenant in the Premises shall be at Tenant's sole risk and
Landlord shall not be liable for any damages to, or loss of,
such personal property for any reason whatsoever. Tenant
acknowledges that Landlord suggests that Tenant obtain insurance
to cover loss or damage to personal property and liability
insurance. Landlord does not provide any property or liability
insurance for the benefit of the Tenant. To the full extent
allowed by law, Tenant expressly agrees to hold Landlord harmless
in the event of loss or damage to personal property or personal
injury. TENANT AGREES AND ACKNOWLEDGES THAT LANDLORD SHALL NOT
PROVIDE AND SHALL HAVE NO DUTY TO PROVIDE ANY SECURITY SERVICES T
O RESIDENT OR COMMUNITY. TENANT SHALL LOOK SOLELY TO THE PUBLIC
POLICE FORCE FOR SECURITY PROTECTION. |
XXIII. |
SUBORDINATION. This
Lease is subject and subordinate to the lien of any mortgage or
deed of trust or encumbrances now or at any time hereafter
placed on unit or general premises of unit by the owner. |
XXIV. |
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 gas that exceed federal and state guidelines have been
found in Florida buildings. Information about radon and radon
testing may be obtained from the Alachua County Health Unit. |
XXV. |
AUTHORIZATION TO DISPOSE OF PERSONAL PROPERTY.
The Authorization to Dispose of Personal Property is an
addendum to this lease. |
XXVI. |
SPECIAL ARRANGEMENTS:
______ Tenant has received Lead Based Paint Disclosure and the
booklet "Protect Your Family from Lead in Your Home". ______ |
XXVII. |
MISCELLANEOUS.
| A. |
All parties understand that this
Lease is a legally binding and enforceable contract and
any modification, addendum, extension, or special
agreements must be in writing. No oral agreements of
any kind are binding or can be relied upon. |
| B. |
Tenant understands that Landlord or
Landlord's agent works on behalf of the owner of the
Premises. Landlord or Landlord's agent are paid by the
property owner. Tenant acknowledges that this disclosure
was made prior to full execution of this Lease. |
| C. |
Any and all Lawsuits concerning this
lease shall be brought in Alachua County, Florida and
the Lease shall be governed by Florida law. |
| D. |
The Lease shall be binding upon and
for the benefit of heirs, personal representatives,
successors, and permitted assigns of landlord and Tenant,
subject to the requirements specifically mentioned in
the lease. Whenever used, the singular number shall
include the plural or singular and the use of any gender
shall include all appropriate genders. |
| E. |
The agreements contained in the lease
set forth the complete understanding of the parties and
may not be changed or terminated orally. |
| F. |
No agreement to accept surrender of
the Premises from Tenant will be valid unless in writing
and signed by landlord. |
| G. |
Landlord and Tenant will use good
faith in performing their obligations under the Lease. |
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| The Lease has been
executed by the parties on the dates indicated below. |
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