Set terms for a residential lease in Florida: Florida Lease Agreement

Florida

Residential Lease Agreement

THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE GOVERNED BY CHAPTER 83, PART II, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTES. A COPY OF THE RESIDENTIAL LANDLORD AND TENANT ACT IS ATTACHED TO THIS LEASE.

This Lease Agreement (the "Agreement") is made and entered on (the "Effective Date") by and between (the "Landlord") and the following tenants:

(the "Tenant")

Subject to the terms and conditions stated below the parties agree as follows:

. Property. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant the following: (the "Property") located at , , Florida . No other portion of the building (hereinafter, the Building), wherein the Property is located is included unless expressly provided for in this Agreement.

. Term. This Agreement will begin on (the "Start Date"), and will continue from that date as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. Landlord may terminate the tenancy by giving written notice as provided by law. This Agreement will begin on (the "Start Date") and will terminate on (the "Termination Date").This Agreement will begin on (the "Start Date") and will terminate on (the "Termination Date"), and thereafter will be month-to-month on the same terms and conditions as stated herein, save any changes made pursuant to law, until terminated.

Tenant will vacate the Property upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy will be created which either party may terminate as specified above. by Tenant giving Landlord written notice of at least 15 days prior to the desired termination date, or by Landlord giving Tenant written notice as provided by law. Rent will be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement will remain in full force and effect.

. Management. The Tenant is hereby notified that is the property manager of the Property. Should the Tenant have any issues or concerns, the Tenant may contact by one of the methods below: The Tenant is hereby notified that is the property manager of the Property. Should the Tenant have any issues or concerns, the Tenant may contact by one of the methods below:

. Rent. Tenant will pay to Landlord rent in the amount of (the "Rent"), payable in advance on the day of each month, and is delinquent on the next day. If that day falls on a weekend or legal holiday, the rent is due on the next business day. Tenant will pay to Landlord rent in the amount of , payable in advance on of each , and is delinquent on the next day. If that day falls on a legal holiday, the rent is due on the next business day. There will be no rent increases through the initial term of the lease. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days' written notice to Tenant.

Payments can be made by using one of the following methods of payment:

Acceptable forms of payment:

Tenant agrees to submit rent payments by one of the methods above. In the event of roommates, or another form of joint or multiple occupancy, Tenant will be responsible for collecting payment from all parties and submitting a single payment to Landlord. Tenant is responsible for any payment made by mail and not received by the due date stated herein. Mailed payments must be received on or before the due date. If the first month of the lease is a partial month, rent payments will be pro-rated at the rate of 1/30th of the monthly rent payment per day. No pro-rated rent shall be accepted at any other time.

. Security Deposit. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of to be held and disbursed for Tenant damages to the Property or other defaults under this Agreement (if any) as provided by law. The security deposit will be held in   account at: , , , Florida .

In accordance with Florida law (Florida Statute Section 83.49), Landlord is required to include in Tenant's lease the following provisions regarding return of security deposits. Florida Statute Section 83.49(3):

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.

The landlord or the landlord's agent may disburse advance rents from the deposit account to the landlord's benefit when the advance rental period commences and without notice to the tenant. For all other deposits:

(a) Upon the vacating of the Property for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last know mailing address of his or her 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 Tenant's 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 you 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. Tenant's objection must be sent to (landlord's address). If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the 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 or her 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. The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action.

(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.

(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and sales associates, constitutes 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 section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).

. Non-Sufficient Funds. Tenant will be charged a monetary fee as reimbursement of the expenses incurred by Landlord for each check that is returned to Landlord for lack of sufficient funds. Such fee will be equal to 5% of the value of the check. In addition, a check returned due to insufficient funds will be subject to any and all late payments provisions included in this Agreement (if any). All charges will be immediately due from Tenant and failure to make immediate payment will constitute a default under the terms of this Agreement.

Landlord reserves the right to demand future payments by cashier's check, money order or certified funds on all future payments in the event of a check returned for insufficient funds. Nothing in this paragraph limits other remedies available to the Landlord as a payee of a dishonored check. This paragraph is in accordance with Florida Statues 68.065.

. Late Payments. For any payment that is not paid within days after its due date, Tenant must pay a late fee in the amount of . The late fee is a cost associated with the collection of rent and the Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under the "Default" section of this Agreement.

. Failure to Pay. Tenant is hereby notified that a negative credit report reflecting on Tenant's credit history may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of their credit obligations, such as their financial obligations under the terms of this Agreement.

. Occupants. The only persons who may live on the Property during the term of this Agreement are:

No more than person(s) may reside on the Property unless the prior written consent of the Landlord is obtained.

Tenant may have guests on the Property for not over consecutive days or days in a calendar year, and no more than two guests per bedroom at any one time. Persons staying more than consecutive days or more than days in any calendar year will NOT be considered original occupants of the Property. Tenant is not required to disclose to Landlord when guests stay at the Property fewer than consecutive days or days in a calendar year, but Tenant must obtain the prior written approval of Landlord if an invitee of Tenant will be present at the Property for more than consecutive days or days in a calendar year.

. Possession. Tenant will be entitled to possession of the Property on the first day of the term of this Agreement, and will yield possession to Landlord on the last day of the term of this Agreement, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant will remove its goods and effects and peaceably yield up the Property to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.

In the event that Tenant abandons the Property, or does not pay the Rent due for the Property, Landlord may, at Landlord's discretion, establish a lien upon all items found upon or off the Property, other than beds, bedclothes and wearing apparel, as allowed under Florida Statutes § 83.08-09.

. Use of Property/Absences. Tenant will occupy and use the Property as a full-time residential dwelling unit. Tenant will notify Landlord of any anticipated extended absence from the Property not later than the first day of the extended absence.

No retail, commercial or professional use of the Property is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant obtain a Commercial General Liability insurance policy for the benefit of Landlord. If Tenant fails to obtain the insurance called for hereunder, Landlord may obtain such insurance at Tenant's expense. Failure to provide Landlord with copies of those policies shall be deemed to be a failure by Tenant to obtain the required insurance. Such insurance must possess a minimum limit of $1,000,000.00 per occurrence and not less than $2,000,000.00 per year. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.

The failure to abide by the provisions of this section will constitute a material breach of this Agreement and is a just cause for eviction.

. Furnishings. The following furnishings will be provided by Landlord:

Tenant will return all such items at the end of the term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted. Landlord shall be responsible for the reasonable maintenance of the above items against normal wear and tear. Tenant shall be responsible for the maintenance or replacement of the above items in the event of damage or breakage.

. Damages. Any damages to the following items of property located in or on the Property will result in a charge to the Tenant as indicated herein:

. Appliances. The following appliances will be provided by Landlord:

Tenant will return all such items at the end of the term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted. Landlord shall be responsible for the reasonable maintenance of the above items against normal wear and tear. Tenant shall be responsible for the maintenance or replacement of the above items in the event of damage or breakage.

. Storage. During the term of this lease, tenant shall be entitled to store items of personal property in . The right to storage space is not included in the Rent charged pursuant to "Rent; Lease Payments." The storage space fee shall be an additional per month. No additional storage space outside the Property is provided or authorized by this Lease. Tenant shall not store any property in any area outside of the rented Property at any time. Tenant shall store only personal property Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances. Landlord shall not be liable for loss of, or damage to, any stored items.

. Parking. Parking is permitted as follows: tenant shall be entitled to use parking space(s) for the parking of motor vehicle(s). The parking space(s) provided are identified as . The right to parking is not included in the Rent charged pursuant to "Rent; Lease Payments." The parking rental fee shall be an additional per month. Parking space(s) are to be used for parking properly licensed and operable motor vehicles, except for trailers, boats, campers, buses or trucks. Tenant shall park in assigned space(s) only. Parking space(s) shall be kept clean at all times. Vehicles leaking oil, gas, or other motor vehicle fluids shall not be parked on the Property. Mechanical work or storage of inoperable vehicles is not permitted in parking space(s) or elsewhere on the Property. This Lease does not include or provide for parking spaces for motor vehicles or motorcycles anywhere in or about the Property and or Building.

. Roof/Fire Escapes. Use of the roof and/or the fire escapes by Tenants and/or guests is limited to emergency use only. No other use is permitted, including but not limited to, the placement of personal property. The roof, walls and/or fire escapes shall not be used to affix satellite dishes, antennae or other equipment without prior written approval from Landlord.

. Pets. No pets, dogs, cats, birds, fish or other animals shall be allowed on the Property, even temporarily or with a visiting guest. As required by law, Service Animal(s) are the only exception to this rule. No pets, dogs, cats, birds, fish or other animals shall be allowed on the Property, even temporarily or with a visiting guest, without prior written consent of Landlord. As required by law, Service Animal(s) are the only exception to this rule. If a pet has been in a Tenant's apartment or allowed into the building, even temporarily (with or without Landlord's permission) Tenant may be charged for cleaning, de-fleaing, deodorizing or shampooing any portion of the building or Property at the discretion of Landlord. Tenant is permitted to have pets, subject to the following limitations:

Strays shall not be kept or fed in or about the Property. Strays can be dangerous and Landlord must be notified immediately of any strays in or about the Property.

. Keys and Locks. Tenant will be given a set number of keys for the Property. If all keys are not returned to Landlord following termination of the Agreement, Tenant will be charged a non-fundable monetary fee to replace the keys. If a security deposit was collected by the Landlord at the time of signing this Agreement, then such amount will be subtracted from the Security Deposit. Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Property without Landlord's approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately upon installation.

. Smoking. Smoking is permitted inside the leased Property and throughout the Property. The Tenant will be liable for any damages caused to the Property or Property due to Tenant or Tenant's visitors or guests smoking in the Premises or Property. Smoking is permitted inside the leased Property. Smoking is authorized only in designated smoking areas specifically identified throughout the Property, including:Smoking is not permitted inside the leased Property. Smoking is authorized only in designated smoking areas specifically identified throughout the Property, including: Smoking is prohibited in any area in or on the Premises and on the Property, both private and common, whether enclosed or outdoors. This policy applies to all owners, tenants, guests, employees, and servicepersons. The Tenant will be liable for any damages caused to the Premises or Property due to Tenant or Tenant's visitors or guests smoking in the Premises or Property. Any violation of this policy will be seen as a breach of this contract and Landlord will be entitled to all remedies allowable by law including eviction.

. Maintenance and Repairs.  Landlord will be responsible for compliance with Florida Statutes § 83.51, and will have the responsibility to maintain the Property in good repair at all times and perform all repairs necessary to satisfy any implied warranty of habitability. Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or property manager. A repair request will be deemed permission for the Landlord or property manager to enter the Property to perform such maintenance or repairs in accordance with this Agreement unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlord or property manager's access or entry. Landlord will have expectation that the Property is in a safe and habitable condition upon entry. Landlord will be responsible for compliance with Florida Statutes § 83.51, and will have the responsibility to maintain the Property in good repair at all times and perform all repairs necessary to satisfy any implied warranty of habitability, except that Tenant will be responsible for the following:

Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or property manager. A repair request will be deemed permission for the Landlord or property manager to enter the Property to perform such maintenance or repairs in accordance with this Agreement unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlord or property manager's access or entry. Landlord will have expectation that the Property is in a safe and habitable condition upon entry. Costs of maintenance and repair, other than required by Florida Statutes § 83.51(1), shall be borne by Tenant. Per Florida Statutes § 83.51(4) Landlord shall not be liable, financially or otherwise, for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant's family, or other person on the property with the tenant's consent.

. Utilities and Services. Landlord will pay directly for all utilities, services, and charges provided to the Property, including any and all deposits required. Tenant will pay directly for all utilities, services, and charges provided to the Property, including any and all deposits required. Tenant will pay directly for all utilities, services, and charges provided to the Property, including any and all deposits required, except for the following, which will be paid by Landlord:

. Default. Tenant will be in default of this Agreement if Tenant fails to comply with any material provisions of this Agreement by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation (or any other obligation) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action will be added to Tenant's financial obligations under this Agreement. All sums of money or charges required to be paid by Tenant under this Agreement will be additional rent, whether or not such sums or charges are designated as additional rent. The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.

Should either Landlord or Tenant fail to fulfill their responsibilities under this Agreement or need to determine whether there has been a default of the Agreement, refer to Part II, Chapter 83, entitled Florida Residential Landlord and Tenant Act which contains information on defaults and remedies.

. Prohibited Acts by Landlord. Landlord is prohibited from taking certain actions as described in Florida Statutes § 83.67, the provisions of which can be found in the attachment to this Agreement.

. Termination upon Sale of Property. Notwithstanding any other provision of this Agreement, Landlord may terminate this Agreement upon days' written notice to Tenant that the Property has been sold.

. Liquidated Damages (Early Termination). Tenant may, upon days' written notice to Landlord, terminate this Agreement provided that the Tenant pays a termination fee equal to or two months' rent, whichever is less. Termination will be effective as of the last day of the calendar month following the end of the day notice period. The termination fee is in addition to all rent due up until the termination day. In addition to liquidated damages or an early termination fee, Landlord is entitled to the rent and other charges accrued through the end of the month in which Landlord retakes possession of the Property and charges for damages to the Property.

. Holding Over. Should the Tenant hold over the term hereby created with consent of the Landlord, the term of this lease will become a month-to-month tenancy and be deemed to be and be extended at the rental rate herein provided, and otherwise upon the terms and conditions in this Agreement, until either party hereto serves upon the other thirty (30) days written notice of termination, reflecting the effective date of cancellation.

. Military Termination. If Tenant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Agreement as provided in Florida Statutes § 83.682, the provisions of which can be found in the attachment to this Lease.

. Condition of Property. Tenant stipulates, represents and warrants that Tenant has examined the Property, and that it is at the time of this Agreement in good order, repair, and in a safe, clean and tenantable condition.

. Alterations and Improvements. Tenant will make no alterations to the buildings or improvements to the Property or construct any building or make any other improvements on the Property without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Property by Tenant will, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Property at the expiration or earlier termination of this Agreement.

. Tenant's Personal Property. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING 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.

. Hazardous Materials. Tenant will not keep on the Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company. Examples of prohibited materials include, but shall not be limited to, gasoline, compressed gas, propane tanks, kerosene, lamp and motor oil, acid, grease, corrosives, fertilizer, paint, cleaners, chemicals, narcotics, or hazardous, toxic or biological waste, asbestos or products containing asbestos, fireworks, explosives, weapons or ammunition.

. Lead Disclosure. Many homes and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint chips and dust can pose serious health hazards if not taken care of properly. Federal law requires that tenant's and lessees receive certain information before renting pre-1978 housing. By signing this Agreement, Tenant represents and agrees that Landlord has provided Tenant with such information, including, but not limited to, the EPA booklet entitled Protect Your Family from Lead in Your Home.

. Damage to Property. If the Property is damaged or destroyed as to render it uninhabitable, then either Landlord or Tenant will have the right to terminate this Agreement as of the date on which such damage occurs, through written notice to the other party to be given within 20 days of occurrence of such damage. However, if such damage should occur as the result of the conduct or negligence of Tenants or Tenants' guests or invitees, Landlord will have the right to terminate the lease, after giving Tenant seven days' written notice, and Tenants will be responsible for all losses, including, but not limited to, damage and repair costs as well as loss of rental income.

. Landlord Access to Property. Landlord and Landlord's agents will have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Property for the purpose of inspecting the Property and all buildings and improvements thereon, or for the placement of public notices announcing that the Property is for sale or for rent. Tenant will make the Property available to Landlord or Landlord's agents for the purposes of making repairs or improvements, or to supply agreed services or show the Property to prospective buyers or tenants, or in case of emergency. Except in case of emergency, Landlord will give Tenant reasonable notice of intent to enter. For these purposes, twenty four (24) hour written notice will be deemed reasonable.

. Indemnity Regarding Use of Property. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Property, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or agent from any and all liability for loss or damage to Tenant's property or effects whether on the Property, garage, storerooms or any other location in or about the Property, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlord's employees, heirs, successors, assignees and/or agents.

. Accommodation. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or tenant's responsibility to make Landlord aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Landlord reserves the right to require documentation that a requested accommodation is medically appropriate.

. Compliance with Regulations. Tenant will promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant will not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.

. Radon Notification. Pursuant to Florida Statute 404.056(8), Tenant is notified: 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.

. Liens. The interest of the Landlord will not be subject to liens for improvements made by the Tenant as provided in Florida Statutes § 713.10. Tenant must notify all parties performing work on the Property at Tenant's request that the Agreement does not allow liens to attach to Landlord's interest. Tenant shall have no claim to monies awarded subject to an eminent domain taking by the State of Florida, nor by any other government entity, other than a claim for moving costs of Tenant's personal property in the event of a partial taking.

. Subordination of Lease. This Agreement is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Property.

. Assignment and Subletting. Tenant may not assign or sublease any interest in the Property, nor assign, mortgage or pledge this Agreement, without the prior written consent of Landlord, which will not be unreasonably withheld. No person other than those listed in the Occupants section of this Agreement will be permitted to regularly or continuously occupy the Property, unless Tenant notified Landlord in writing, signed by every Tenant, stating a request to have a new individual occupy the Property. The prospective occupant must complete and provide Landlord with a rental application and Landlord must approve the prospective occupants creditworthiness and references from prior landlords, and the prospective occupant signs Landlord's standard form Sub-Tenancy Agreement for such occupancy before occupying the Property, which agreement will include a provision that the new occupant will abide by and perform all the obligations of this Agreement. In the event that Landlord consents to any sub-tenancy, original Tenant may not charge more to the sub-tenant(s) than that proportional share of the rent which is being charged by and paid to Landlord. No action or inaction or acceptance of rent or knowledge on the part of Landlord will be deemed to be a waiver of this provision on the part of Landlord and will not be deemed an approval of any person as a sub-tenant for any purpose. Tenant may not assign or sublease any interest in the Property, nor assign, mortgage or pledge this Agreement, without the prior written consent of Landlord, which MAY be unreasonably withheld. This is a blanket prohibition, meaning no replacement tenant(s) will be permitted and no additional tenant or occupant will be allowed on the Property even if a Tenant leaves the Property. This prohibition applies to each and every term of this Agreement in regard to space leased to Tenant. Any waiver of this prohibition must be secured from the Landlord in writing, and the consent of which Landlord may withhold in its sole and absolute discretion. In the event the prohibition is invalidated or lifted, Tenant, Landlord and any subtenant or assignee agrees to be bound by each and every provision contained in this Agreement.

. Additional Provisions; Disclosures.

. Notice. Notice under this Agreement will not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions will be deemed received on the third day after posting.

Landlord:

, ,  

Tenant:

, , Florida

Such addresses may be changed from time to time by any party by providing notice as set forth above.

. Attorney's Fees. In any lawsuit brought to enforce the Agreement, or to terminate the agreement, or to seek redress for damages to the Property, or under any other applicable law, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorneys' fees, from the non-prevailing party. This provision includes all reasonable court costs from appeals, including attorney's fees. This provision is in accordance with Florida Statute Section 83.48.

. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

. Venue and Governing Law. Exclusive venue is in the county where the Property is located. This Agreement will be governed, construed and interpreted by, through and under the Laws of the State of Florida.

. Waiver and Severability. The failure of either party to enforce any provisions of this Agreement will 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 Agreement. If any provision of this Agreement or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent permitted by law.

. Time of Essence. Time is of the essence with respect to the execution of this Lease Agreement.

. Estoppel Certificate. In the event that an estoppel certificate is required, Landlord will deliver a certificate to Tenant. Tenant will then execute and return the certificate to Landlord or Landlord's agent within three (3) days after its receipt. Failure to comply with this requirement will be deemed Tenant's acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.

. Entire Agreement. This document constitutes the entire Agreement between the Tenant and Landlord. This Agreement cannot be modified except in writing and must be signed by all parties. Neither Landlord nor Tenant have made any promises or representations, other than those set forth in this Agreement and those implied by law. The failure of Tenant or its guests or invitees to comply with any term of this Agreement is grounds for termination of the tenancy, with appropriate notice to Tenants and procedures as required by law.

. Application. Tenant's application to rent is incorporated by reference as an integral portion of this Agreement. Tenant represents and warrants that all statements in Tenant's application to rent are true and accurate. Any misrepresentations will be considered a material breach of this Agreement and may subject Tenant to eviction at Landlord's sole discretion. Tenant authorizes Landlord and any broker to obtain Tenant's credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord reserves the right to terminate this Agreement (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that any information in Tenant's application to rent is false.

. Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of parties and their respective legal representatives, successors and assigns.

Receipt

Security Deposit:

:

Total Collected:  

Landlord:

,

,  

Tenant:

Witness:

Witness:

 Notice Regarding Security Deposit

This Security Deposit Notification is given pursuant to Florida Statutes, Chapter 83.49 and is given immediately after or within thirty (30) days after the date of signing and delivery of the lease agreement and Security Deposit described below.

Landlord:  

Tenant:  

Property: , , Florida  

Security Deposit:  

Bank Name:  

Bank Address: , , Florida  

NOTIFICATION: Tenant is hereby notified by receipt in person of this writing, that: The Security Deposit (i) is commingled with the security deposits of other tenants and is held in a separate, non-interest bearing account with a Florida banking institution for the benefit of Tenant; and therefore there is no applicable interest rate or timing of payment of interest thereon of which to advise, (i) is not commingled with the security deposits of other tenants and is held in a separate interest bearing account with a Florida banking institution for the benefit of Tenant, and as such Landlord will provide Tenant with periodic payments of interest as accrued in accordance with Florida Statutes Section 83.49(3), (ii) is held at a depository or financial institution, the name and address of which is specified above, and (iii) is governed, among other provisions, by Florida Statues Section 83.49(3), a copy of which is attached.

Florida Statutes Section 83.49(3)

(a) Upon the vacating of the property for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her 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 30-day period, he or she forfeits the 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 or her 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 institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.

(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and sales associates, 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 section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).

Copy of Current Version of the Florida Residential  

Landlord and Tenant Act, Part II, Chapter 83

Florida Statutes Should Be Attached 

Florida Lease Agreement

Early Termination Fee/Liquidated Damages Addendum 

Acknowledged by Landlord:

,

Tenant:

Florida Lease Agreement

Inspection Checklist

Tenant has inspected the Property and states that the Property are in satisfactory condition, free of defects, except as noted below:

_______________________________

Date

Tenant:

Acknowledged by Landlord:

,

Florida Lease Agreement

Disclosure of Information on Lead-Based Paint

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, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on poisoning prevention.

Landlord's Disclosure

(a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below):

(b) Records and reports available to the landlord (Check (i) or (ii) below):

Tenant's Acknowledgment

(c) _____ Tenant has received copies of all information listed above.

(d) _____ Tenant has received the pamphlet Protect Your Family From Lead In Your Home.

Agent's Acknowledgment

* The term Agent is defined as any party who enters into a contract with the Landlord, including anyone who enters into a contract with a representative of the Landlord for the purpose of leasing housing.

(e) _____ Agent has informed the landlord of the landlord's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

Tenant:

Acknowledged by Landlord/Agent:

,

Florida Lease Agreement Checklist

Make It Legal™

Find out next steps for your document

___Sign this document. This Lease needs to be signed by the Landlord, , and the Tenant(s). Due to restrictions in Florida law, the Landlord and Tenant(s) should physically sign the document. It cannot be signed online. The Landlord and Tenant(s) must sign in front of the two adult witnesses, and .

___Everyone gets a copy. Anyone named in the document should receive a copy of the signed document.

Important Details

The Inspection Checklist should be signed by the Landlord and Tenant after conducting the inspection.

If pets will be allowed on the Property the Landlord and Tenant should complete Rocket Lawyer's Pet Addendum to finalize the terms, fees and regulations associated with keeping a pet on the property.

A copy of the current version of the Florida Residential Landlord and Tenant Act, Part II, Chapter 83 Florida Statutes should be attached and given to the Tenant. You can find a copy at http://www.leg.state.fl.us.

Florida law requires a Notice Regarding Security Deposit be included with the Lease or provided to the Tenant within 30 days of signing the Lease. This Notice has been included with your Lease. The Landlord can hand deliver this form to the Tenant at the time of signing the Lease or mail the Notice to the Tenant within 30 days of the signing of the Lease.

Florida law requires an Early Termination Fee/Liquidated Damages Addendum be attached to this Lease. This Addendum has been included with your Lease. The Landlord and Tenant should review this Addendum and sign. The Tenant must also initial ONLY one of the options provided prior to signing.

In addition to a local attorney, there are several sources of information that may be available to provide you with additional information about the landlord/tenant laws in Florida. Many cities have housing authorities or other governmental divisions that provide useful information. Also, some civil rights groups have information available related to housing needs and laws. Also, consider low-income housing groups and legal services organizations. Often, these groups have a broad range of experience with landlord/tenant issues and can provide both advice and information at minimal or no cost.