JJDForm Residential Lease
JJDForm Residential Lease
JJDForm Residential Lease
WITNESSETH:
WHEREAS, Landlord is the fee owner of certain real property being, lying and
situated in __________________ County, Florida, such real property having a street
address of ______________________________________________________________
(hereinafter referred to as the "Premises").
WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and
conditions as contained herein; and
WHEREAS, Tenant desires to lease the Premises from Landlord on the terms
and conditions as contained herein;
NOW, THEREFORE, for and in consideration of the covenants and obligations
contained herein and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto hereby agree as follows:
2. RENT. Under the terms of this Agreement, "Rent" shall consist of all monetary
obligations owed to Landlord by Tenant in accordance with this Agreement.
However, the Security Deposit shall not be considered Rent. Tenant shall pay to
Landlord the sum of _______________, per month, for Rent for the Term of the
Agreement. Due date for Rent payment shall be the 1st day of each calendar month
and shall be considered late after the 5th day of any calendar month.
In the event that any payment by Tenant is returned for insufficient funds ("NSF")
or if Tenant stops payment, Landlord may require in writing that Tenant pay Rent
in cash for three months, and that all future Rent payments shall be remitted by
Tenant to Landlord by money order or cashier's check. If any payment is
returned for insufficient funds, Tenant shall also be liable to Landlord for any
amounts charged Landlord by its banking institution for same, and shall pay same
1 Tenant Initial:_________
along with all rent payment(s) due, any late fees owing, and the principal rental
amount in cash, or certified funds.
3. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall
deposit with Landlord the sum of
_________________________________________________________
DOLLARS ($______________) receipt of which is hereby acknowledged by
Landlord, as security for any damage caused to the Premises during the term
hereof. Such deposit shall be returned to Tenant, without interest, and less any set
off for damages to the Premises upon the termination of this Agreement.
(a) Upon the vacating of the premises 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.
(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.
2 Tenant Initial:_________
(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.
3 Tenant Initial:_________
by written agreement between Landlord and Tenant, be and become the property
of Landlord and remain on the Premises at the expiration or earlier termination of
this Agreement.
9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item
of a dangerous, flammable or explosive character that might unreasonably
increase the danger of fire or explosion on the Premises or that might be
considered hazardous or extra hazardous by any responsible insurance company.
10. UTILITIES. Landlord shall pay all utilities on premises, inclusive of Tenant’s
rental payment(s).
11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense,
keep and maintain the Premises and appurtenances in good and sanitary condition
and repair during the term of this Agreement and any renewal thereof. Without
limiting the generality of the foregoing, Tenant shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or
halls, which shall be used for the purposes of ingress and egress only;
(b) Keep all windows, glass, window coverings, doors, locks and hardware
in good, clean order and repair;
(d) Not leave windows or doors in an open position during any inclement
weather;
(e) Not hang any laundry, clothing, sheets, etc. from any window, rail,
porch or balcony nor air or dry any of same within any yard area or
space;
(f) Not cause or permit any locks or hooks to be placed upon any door or
window without the prior written consent of Landlord;
(g) Keep all air conditioning filters clean and free from dirt;
4 Tenant Initial:_________
(h) Keep all lavatories, sinks, toilets, and all other water and plumbing
apparatus in good order and repair and shall use same only for the
purposes for which they were constructed. Tenant shall not allow any
sweepings, rubbish, sand, rags, ashes or other substances to be thrown
or deposited therein. Any damage to any such apparatus and the cost
of clearing stopped plumbing resulting from misuse shall be borne by
Tenant;
(i) And Tenant's family and guests shall at all times maintain order in the
Premises and at all places on the Premises, and shall not make or
permit any loud or improper noises, or otherwise disturb other
residents;
(j) Keep all radios, television sets, stereos, phonographs, etc., turned down
to a level of sound that does not annoy or interfere with other residents;
(k) Deposit all trash, garbage, rubbish or refuse in the locations provided
therefore and shall not allow any trash, garbage, rubbish or refuse to be
deposited or permitted to stand on the exterior of any building or
within the common elements;
(l) Abide by and be bound by any and all rules and regulations affecting
the Premises as they may now exist or those established by the
Landlord at any time during the term of this agreement after five (5)
days notice has been provided Tenant, clearly explaining said new rule
or regulation and the Tenant’s responsibilities thereunder.
12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered
wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by
the negligence of Tenant, this Agreement shall terminate from such time except
for the purpose of enforcing rights that may have then accrued hereunder. The
rental provided for herein shall then be accounted for by and between Landlord
and Tenant up to the time of such injury or destruction of the Premises, Tenant
paying rentals up to such date and Landlord refunding rentals collected beyond
such date. Should a portion of the Premises thereby be rendered uninhabitable,
the Landlord shall have the option of either repairing such injured or damaged
portion or terminating this Lease. In the event that Landlord exercises its right to
repair such uninhabitable portion, the rental shall partially abate in relation to the
uninhabitable portion of the Premises as follows: The square-footage of any
space agreed upon by Landlord and Tenant as being uninhabitable shall be
determined, and Tenant’s rental payment for the period of uninhabitability shall
be reduced pro-rata, using the total living space divided by the uninhabitable
space as a guideline for determining Tenant’s discount for said period. Any part
of the Premises so injured shall be restored by Landlord as speedily as practicable,
after which the full rent shall recommence and the Agreement shall continue
according to its terms.
5 Tenant Initial:_________
13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the
right at all reasonable times during the term of this Agreement and any renewal
thereof to enter the Premises for the purpose of inspecting the Premises and all
buildings and improvements thereon. And for the purposes of making any
repairs, additions or alterations as may be deemed appropriate by Landlord for the
preservation of the Premises or the building. Landlord and its agents shall further
have the right to exhibit the Premises and to display the usual "for sale", "for rent"
or "vacancy" signs on the Premises at any time within forty-five (45) days before
the expiration of this Lease. The right of entry shall likewise exist for the
purpose of removing placards, signs, fixtures, alterations, or additions, which do
not conform to this Agreement or to any restrictions, rules or regulations affecting
the Premises.
16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant
shall surrender the Premises in as good a state and condition as they were at the
commencement of this Agreement, reasonable use and wear and tear thereof and
damages by the elements excepted.
18. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to
herein as being payable by Tenant and Tenant's performance of all Tenant's
agreements contained herein and Tenant's observance of all rules and regulations,
shall and may peacefully and quietly have, hold and enjoy said Premises for the
term hereof.
6 Tenant Initial:_________
GUESTS, INVITEES, AGENTS OR EMPLOYEES OR TO ANY OTHER
PERSON ENTERING THE PREMISES OR ANY BUILDING THAT IS A
PART OR LIES UPON THE PREMISES, OR TO GOODS OR EQUIPMENT,
OR IN THE STRUCTURE OR EQUIPMENT OF THE STRUCTURE OF
WHICH THE PREMISES ARE A PART, AND TENANT HEREBY AGREES
TO INDEMNIFY, DEFEND AND HOLD LANDLORD HARMLESS FROM
ANY AND ALL CLAIMS OR ASSERTIONS OF EVERY KIND AND
NATURE. THIS INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED
TO, ANY DAMAGE OR INJURY WHICH MAY BE INCURRED BY
TENANT, TENANT'S FAMILY, GUESTS, INVITEES, AGENTS OR
EMPLOYEES OR TO ANY OTHER PERSON FOR DAMAGE OR INJURIES
THAT ARISE FROM ANY CONTACT, ATTACK OR INTERACTION FROM
OR WITH ANY ANIMALS, DOMESTIC OR WILD, WHETHER SUCH
DAMAGE OR INJURY OCCURS ON THE PREMISES OR OFF, AND
TENANT HOLDS HARMLESS THE LANDLORD FROM ANY AND ALL
CLAIMS OR ASSERTIONS OF EVERY KIND AND NATURE FOR ANY
DAMAGE OR INJURY TENANT ATTRIBUTES TO ANY ABSENCE OR
FAILURE OF FENCING THAT MAY BE ON OR SURROUNDING THE
PREMISES.
20. DEFAULT. If Tenant fails to comply with any of the material provisions of this
Agreement, other than the covenant to pay rent, or of any present rules and
regulations or any that may be hereafter prescribed by Landlord, or materially
fails to comply with any duties imposed on Tenant by statute, within seven (7)
days after delivery of written notice by Landlord specifying the non-compliance
and indicating the intention of Landlord to terminate the Lease by reason thereof,
Landlord may terminate this Agreement. If Tenant fails to pay rent when due
and the default continues for seven (7) days thereafter, Landlord may, at
Landlord's option, declare the entire balance of rent payable hereunder to be
immediately due and payable and may exercise any and all rights and remedies
available to Landlord at law or in equity or may immediately terminate this
Agreement.
21. LATE CHARGE. In the event that any payment required to be paid by Tenant
hereunder is not made by the 5th day of any calendar month, Tenant shall pay to
Landlord, in addition to such payment or other charges due hereunder, a "late fee"
in the amount of FIFTY-DOLLARS ($50.00) per every calendar day the sum
remains unpaid, the pro-rata portion of same, or a combination of both.
22. ABANDONMENT. If at any time during the term of this Agreement Tenant
abandons the Premises or any part thereof, Landlord may, at Landlord's option,
obtain possession of the Premises in the manner provided by law, and without
becoming liable to Tenant for damages or for any payment of any kind whatever.
Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or
any part thereof, for the whole or any part thereof, for the whole or any part of the
then unexpired term, and may receive and collect all rent payable by virtue of
7 Tenant Initial:_________
such re-letting, and, at Landlord's option, hold Tenant liable for any difference
between the rent that would have been payable under this Agreement during the
balance of the unexpired term, if this Agreement had continued in force, and the
net rent for such period realized by Landlord by means of such re-letting. If
Landlord's right of reentry is exercised following abandonment of the Premises by
Tenant, then Landlord shall consider any personal property belonging to Tenant
and left on the Premises to also have been abandoned, in which case Landlord
may dispose of all such personal property in any manner Landlord shall deem
proper and Landlord is hereby relieved of all liability for doing so. BY SIGNING
THIS AGREEMENT, TENANT AGREES THAT UPON SURRENDER OR
ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA STATUTES,
LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE
OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience of reference only and they are not intended to have any affect
whatsoever in determining the rights or obligations of the Landlord or Tenant.
29. CONSTRUCTION. The pronouns used herein shall include, where appropriate,
either gender or both, singular and plural.
8 Tenant Initial:_________
30. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord
under this Agreement shall affect Tenant's duties and liabilities hereunder.
31. MODIFICATION. The parties hereby agree that this document contains the
entire agreement between the parties and this Agreement shall not be modified,
changed, altered or amended in any way except through a written amendment
signed by all of the parties hereto.
34. NOTICE. Any notice required or permitted under this Lease or under state law
shall be deemed sufficiently given or served if sent by United States certified
mail, return receipt requested, addressed as follows:
If to Landlord to:
__________________________________________________________________
If to Tenant to:
______________________________________________
______________________________________________
______________________________________________
[Tenant's Address]
Landlord and Tenant shall each have the right from time to time to change the
place notice is to be given under this paragraph by written notice thereof to the
other party. TENANT HEREBY WAIVES HIS OR HER RIGHT TO NOTICE
PURSUANT TO FLORIDA STATUTE 715.104.
9 Tenant Initial:_________
35. ADDITIONAL PROVISIONS; DISCLOSURES.
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
[Landlord should note above any disclosures about the premises that may be
required under Federal or Florida law, such as known lead-based paint hazards in
the Premises. The Landlord should also disclose any flood hazards.]
LANDLORD:
Sign: ___________________________________
TENANT ("Tenant"):
Sign: ___________________________________
TENANT:
Sign: ___________________________________
10 Tenant Initial:_________