Fillable Printable Florida Residential Lease Agreement

Florida Residential Lease Agreement

FLORIDA RESIDENTIAL LEASE AGREEMENT

This Residential Lease Agreement (hereinafter “Lease”) is entered into this the day of

, 20 ,

by and between the Lessor:

Lessee(s):

, (hereinafter referred to as “Landlord”), and the

All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under,

the terms and conditions of this Lease.

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do

hereby covenant, contract and agree as follows:

1. GRANT OF LEASE: Landlord does hereby lease

unto Tenant, and Tenant does hereby rent from Landlord,

solely for use as a personal residence, excluding all other

uses, the personal residence located in

County, Florida, with address of:

hold under this Lease, and upon so doing Landlord shall be

released from all liability to Tenant for return of said

security deposit.

In compliance with Florida Code § 83.49:

1. Landlord shall deposit the security deposit in a non-

interest bearing escrow account.

including the following items of personal property:

, 2. Upon the termination of the Lease Agreement, and

provided Tenant leaves a forwarding address, Landlord shall

have 15 days to either return the deposit to Tenant, or send

Tenant a Notice of Claim on the deposit, with a schedule of

costs and the amount claimed.

2. NATURE OF OCCUPANCY: As a special

consideration and inducement for the granting of this Lease

by the Landlord to the Tenant, the personal residence

described above shall be used and occupied only by the

members of the Tenant’s family or others whose names and

ages are set forth below:

3. Unless Tenant objects within 15 days to the deductions,

Landlord may deduct the stated amount, and then must

return the remainder to Tenant within 30 days from the date

of Landlord’s original Notice of Claim.

5. RENT PAYMENTS: Tenant agrees to pay rent unto

the Landlord during the term of this Lease in equal monthly

installments of $

, said installment for each

3. TERM OF LEASE: This Lease shall commence on

month being due and payable on or before the day of

the month, the first full rent payment under this Lease being

due on the day of , 20 .

the

day of

, 20

, and

Tenant agrees that if rent is not paid in full on or before the

extend until its expiration on the

day of

day of the month, Tenant will pay a late charge of

, 20

pursuant to the terms herein.

, unless renewed or extended $

as allowed by applicable Florida law.

4. SECURITY DEPOSIT: Upon execution of this

The prorated rent from the commencement of this Lease to

the first day of the following month is $ ,

Lease, Tenant shall deposit the sum of $

to be

which amount shall be paid at the execution of this Lease.

held by Landlord as a security deposit for reasonable

cleaning of, and repair of damages to, the premises upon the

expiration or termination of this Lease, or other reasonable

damages resulting from a default by Tenant. Tenant shall be

liable to Landlord for all damages to the leased premises

upon the termination of this Lease, ordinary wear and tear

excepted. Tenant is not entitled to interest on the security

Tenant agrees that rent shall be paid in lawful money of the

United States by (indicate those that apply):

[ ] cash, [ ] personal check, [ ] money order, [ ]

cashier’s check, [ ] other .

Rent payments shall be made payable to

deposit. Tenant may not apply the security deposit to any

and

rent due under this Lease. If Landlord sells or assigns the

mailed or delivered to the following address:

leased premises, Landlord shall have the right to transfer

Tenant’s security deposit to the new owner or assignee to

. All notices from Tenant to

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Landlord under this Lease and applicable Florida law shall

be delivered to the above address.

Tenant agrees that rent monies will not be considered paid

until Landlord or Landlord’s agent receives the rent monies,

either by mail or by delivery to the above address. Tenant

placing rent monies in the mail is not sufficient for rent to be

considered paid, and rent will be considered unpaid until

actual receipt thereof.

If there are multiple Tenants signed to this Lease, all such

Tenants are jointly, severally and individually bound by, and

liable under, the terms and conditions of this Lease. A

judgment entered against one Tenant shall be no bar to an

action against other Tenants.

6. CONSEQUENCES OF BREACH BY

TENANT: If Tenant, by any act or omission, or by the act

or omission of any of Tenant’s family or invitees, licensees,

and/or guests, violates any of the terms or conditions of this

Lease or any other documents made a part hereof by

reference or attachment, Tenant shall be considered in

breach of this Lease (breach by one tenant shall be

considered breach by all tenants where Tenant is more than

one person).

In compliance with Florida Code § 83.56:

If the Tenant materially fails to comply with material

provisions of the rental agreement, or reasonable rules or

regulations, other than a failure to pay rent, the Landlord

may:

(a) If such noncompliance is of a nature that the tenant

should not be given an opportunity to cure it or if the

noncompliance constitutes a subsequent or continuing

noncompliance within 12 months of a written warning by

the landlord of a similar violation, deliver a written notice to

the tenant specifying the noncompliance and the landlord's

intent to terminate the rental agreement by reason thereof.

Examples of noncompliance which are of a nature that the

tenant should not be given an opportunity to cure include,

but are not limited to, destruction, damage, or misuse of the

landlord's or other tenants' property by intentional act or a

subsequent or continued unreasonable disturbance. In such

event, the landlord may terminate the rental agreement, and

the tenant shall have 7 days from the date that the notice is

delivered to vacate the premises.

(b) If such noncompliance is of a nature that the tenant

should be given an opportunity to cure it, deliver a written

notice to the tenant specifying the noncompliance, including

a notice that, if the noncompliance is not corrected within 7

days from the date the written notice is delivered, the

landlord shall terminate the rental agreement by reason

thereof. Examples of such noncompliance include, but are

not limited to, activities in contravention of the lease or this

act such as having or permitting unauthorized pets, guests,

or vehicles; parking in an unauthorized manner or permitting

such parking; or failing to keep the premises clean and

sanitary.

If the tenant fails to pay rent when due, Landlord may

deliver a 3-day notice of termination to Tenant, requiring

payment of rent in full or surrender of the premises within 3

days. If the Tenant’s default continues for 3 days, excluding

Saturday, Sunday, and legal holidays, the landlord may

terminate the rental agreement. Legal holidays for the

purpose of this paragraph shall be court-observed holidays

only.

The delivery of the written notices required above shall be

by mailing or delivery of a true copy thereof or, if the tenant

is absent from the premises, by leaving a copy thereof at the

residence.

Tenant expressly agrees and understands that upon

Landlord’s termination of this Lease, the entire remaining

balance of unpaid rent for the remaining term of this Lease

shall ACCELERATE, whereby the entire sum shall

become immediately due, payable, and collectable.

Landlord may hold the portion of Tenant’s security deposit

remaining after reasonable cleaning and repairs as a partial

offset to satisfaction of the accelerated rent.

7. DELIVERY OF NOTICES: Any giving of notice

under this Lease or applicable Florida law shall be made by

Tenant in writing and delivered to the address noted above

for the payment of rent, either by hand delivery or by mail.

Certified or registered mail is recommended. Delivery by

mail shall not be considered complete until actual receipt by

Landlord or Landlord’s agent.

Any notices from Landlord to Tenant shall be in writing and

shall be deemed sufficiently served upon Tenant when

deposited in the mail addressed to the leased premises, or

addressed to Tenant’s last known post office address, or

hand delivered, or placed in Tenant’s mailbox. If Tenant is

more than one person, then notice to one shall be sufficient

as notice to all.

8. UTILITIES: Tenant will provide and pay for the

following utilities (indicate those that apply):

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable

Television, [ ] Water, [ ] Garbage pick-up.

Landlord will provide and pay for the following utilities

(indicate those that apply):

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable

Television, [ ] Water, [ ] Garbage pick-up.

Tenant shall be responsible for contacting and arranging for

any utility service not provided by the Landlord, and for any

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utilities not listed above. Tenant shall be responsible for

having same utilities disconnected on the day Tenant

delivers the leased premises back unto Landlord upon

termination or expiration of this Lease.

9. NOTICE OF INTENT TO SURRENDER: Any other

provision of this lease to the contrary notwithstanding, at

least thirty (30) days prior to the normal expiration of the

term of this Lease as noted under the heading TERM OF

LEASE above, Tenant shall give written notice to Landlord

of Tenant’s intention to surrender the residence at the

expiration of the Lease term. If said written notice is not

timely given, the Tenant shall become a month-to-month

tenant as defined by applicable Florida law, and all

provisions of this Lease will remain in full force and effect,

unless this Lease is extended or renewed for a specific term

by written agreement of Landlord and Tenant.

If Tenant becomes a month-to-month tenant in the manner

described above, Tenant must give a thirty (30) day written

notice to the Landlord of Tenant’s intention to surrender the

residence. At any time during a month-to-month tenancy

Landlord may terminate the month-to-month Lease by

serving Tenant with a written notice of termination, or by

any other means allowed by applicable Florida law. Upon

termination, Tenant shall vacate the premises and deliver

same unto Landlord on or before the expiration of the period

of notice.

10. OBLIGATIONS AND DUTIES OF LANDLORD:

As per Florida Code § 83.51:

(1) The landlord at all times during the Lease shall:

(a) Comply with the requirements of applicable building,

housing, and health codes; or

(b) Where there are no applicable building, housing, or

health codes, maintain the roofs, windows, screens, doors,

floors, steps, porches, exterior walls, foundations, and all

other structural components in good repair and capable of

resisting normal forces and loads and the plumbing in

reasonable working condition. However, the landlord shall

not be required to maintain a mobile home or other structure

owned by the tenant.

The landlord's obligations under this subsection may be

altered or modified in writing with respect to a single-family

home or duplex.

(2)(a) Unless otherwise agreed in writing, in addition to the

requirements of subsection (1), the landlord of a dwelling

unit other than a single-family home or duplex shall, at all

times during the Lease, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-

destroying organisms, and bedbugs. When vacation of the

premises is required for such extermination, the landlord

shall not be liable for damages but shall abate the rent. The

tenant shall be required to temporarily vacate the premises

for a period of time not to exceed 4 days, on 7 days' written

notice, if necessary, for extermination pursuant to this

subparagraph.

2. Locks and keys.

3. The clean and safe condition of common areas.

4. Outside garbage receptacles and removal of garbage

therefrom.

5. Functioning facilities for heat during winter, running

water, and hot water.

(b) Unless otherwise agreed in writing, at the

commencement of the Lease of a single-family home or

duplex, the landlord shall install working smoke detection

devices.

noncompliance by the landlord with this subsection as a

defense to an action for possession.

(d) This subsection shall not apply to a mobile home owned

by a tenant.

(e) Nothing contained in this subsection prohibits the

landlord from providing in the rental agreement that the

tenant is obligated to pay costs or charges for garbage

removal, water, fuel, or utilities.

(3) If the duty imposed by subsection (1) is the same or

greater than any duty imposed by subsection (2), the

landlord's duty is determined by subsection (1).

(4) The landlord is not responsible to the tenant under this

section 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 premises with the

tenant's consent.

11. OBLIGATIONS AND DUTIES OF TENANT:

As per Florida Code § 83.52, Tenant shall:

(1) Comply with all obligations imposed upon tenants by

applicable provisions of building, housing, and health codes.

(2) Keep that part of the premises which he or she occupies

and uses clean and sanitary.

(3) Remove from the tenant's dwelling unit all garbage in a

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clean and sanitary manner.

(4) Keep all plumbing fixtures in the dwelling unit or used

by the tenant clean and sanitary and in repair.

(5) Use and operate in a reasonable manner all electrical,

plumbing, sanitary, heating, ventilating, air-conditioning and

other facilities and appliances, including elevators.

(6) Not destroy, deface, damage, impair, or remove any part

of the premises or property therein belonging to the landlord

nor permit any person to do so.

(7) Conduct himself or herself, and require other persons on

the premises with his or her consent to conduct themselves,

in a manner that does not unreasonably disturb the tenant's

neighbors or constitute a breach of the peace.

Tenant agrees that any violation of these provisions shall be

considered a breach of this Lease.

12. NO ASSIGNMENT: Tenant expressly agrees that the

leased premises nor any portion thereof shall not be assigned

or sub-let by Tenant without the prior written consent of

Landlord.

13. TENANT INSURANCE: Landlord shall not be liable

to Tenant, Tenant’s family or Tenant’s invitees, licensees,

and/or guests for damages not proximately caused by

Landlord or Landlord’s agents. Landlord will not

compensate Tenant or anyone else for damages proximately

caused by any other source whatsoever, or by Acts of God,

and Tenant is therefore strongly encouraged to

independently purchase insurance to protect Tenant,

Tenant’s family, Tenant’s invitees, licensees, and/or guests,

and all personal property on the leased premises and/or in

any common areas from any and all damages.

14. CONDITION OF LEASED PREMISES: Tenant

hereby acknowledges that Tenant has examined the leased

premises prior to the signing of this Lease, or knowingly

waived said examination. Tenant acknowledges that Tenant

has not relied on any representations made by Landlord or

Landlord’s agents regarding the condition of the leased

premises and that Tenant takes premises in its AS-IS

condition with no express or implied warranties or

representations beyond those contained herein or required

by applicable Florida law. Tenant agrees not to damage the

premises through any act or omission, and to be responsible

for any damages sustained through the acts or omissions of

Tenant, Tenant’s family or Tenant’s invitees, licensees,

and/or guests. If such damages are incurred, Tenant is

required to pay for any resulting repairs at the same time and

in addition to the next month’s rent payment, with

consequences for non-payment identical to those for non-

payment of rent described herein. At the expiration or

termination of the Lease, Tenant shall return the leased

premises in as good condition as when taken by Tenant at

the commencement of the lease, with only normal wear-and-

tear excepted. Tenant shall have the right to remove from the

premises Tenant’s fixtures placed thereon by Tenant at his

expense, provided, however, that Tenant in effecting

removal, shall restore the leased premises to as good, safe,

sound, orderly and sightly condition as before the addition

of Tenant’s fixture. Failing this, Tenant shall be obligated to

pay for repairs as stated above.

15. ALTERATIONS: Tenant shall make no alterations,

decorations, additions, or improvements to the leased

premises without first obtaining the express written consent

of Landlord. Any of the above-described work shall

become part of the dwelling. If carried out by independent

contractors, said contractors must be approved by Landlord.

Tenant shall not contract for work to be done without first

placing monies sufficient to satisfy the contract price in an

escrow account approved by Landlord. All work shall be

done at such times and in such manner as Landlord may

designate. If a construction or mechanic’s lien is placed on

the leased premises as a result of the work, such shall be

satisfied by Tenant within ten (10) days thereafter at

Tenant’s sole expense. Tenant shall be considered in breach

of this Lease upon failure to satisfy said lien.

16. NO ILLEGAL USE: Tenant shall not perpetrate,

allow or suffer any acts or omissions contrary to law or

ordinance to be carried out upon the leased premises or in

any common area. Upon obtaining actual knowledge of any

illegal acts or omissions upon the leased premises, Tenant

agrees to immediately inform Landlord and the appropriate

authorities. Tenant shall bear responsibility for any and all

illegal acts or omissions upon the leased premises and shall

be considered in breach of this Lease upon conviction of

Tenant or any of Tenant’s family or invitees, licensees,

and/or guests for any illegal act or omission upon the leased

premises- whether known or unknown to Tenant.

17. NOTICE OF INJURIES: In the event of any

significant injury or damage to Tenant, Tenant’s family, or

Tenant’s invitees, licensees, and/or guests, or any personal

property, suffered in the leased premises or in any common

area, written notice of same shall be provided by Tenant to

Landlord at the address designated for delivery of notices

(identical to address for payment of rent) as soon as possible

but not later than five (5) days after said injury or damage.

Failure to provide such notice shall constitute a breach of

this Lease.

18. LANDLORD’S RIGHT TO MORTGAGE: Tenant

agrees to accept the premises subject to and subordinate to

any existing or future mortgage or other lien, and Landlord

reserves the right to subject premises to same. Tenant

agrees to and hereby irrevocably grants Landlord power of

attorney for Tenant for the sole purpose of executing and

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delivering in the name of the Tenant any document(s)

related to the Landlord’s right to subject the premises to a

mortgage or other lien.

19. DELAY IN REPAIRS: Tenant agrees that if any

repairs to be made by Landlord are delayed by reasons

beyond Landlords control, there shall be no effect on the

obligations of Tenant under this Lease.

20. ABANDONMENT: Abandonment shall be defined as

the absence of the Tenant from the leased premises for a

period of seven (7) or more consecutive days while rent or

any owing monies remain unpaid- whereupon Tenant will be

considered in breach of this Lease. This definition is

subordinate to, and shall not in any way impair, the rights

and remedies of Landlord under this Lease or applicable

Florida law, except that in case of abandonment, Landlord

or Landlord’s agents may immediately or any time thereafter

enter and re-take the leased premises as provided by

applicable Florida law, and terminate this Lease without

notice to Tenant.

21. NOTICE OF ABSENCE FROM PREMISES: If

Tenant is to be absent from the leased premises for seven (7)

or more consecutive days, written notice of such should be

served upon Landlord. If such absences are to be customary

or frequent, the expected frequency and duration of absence

should be summarily noted here:

Tenant expressly agrees and understands that absence from

the premises, with or without notice, in no way obviates the

requirement to pay rent and other monies as stated herein, or

the consequences of failure to timely pay same.

22. POSSESSION OF PREMISES: Tenant shall not be

entitled to possession of the premises designated for lease

until the security deposit and first month’s rent (or prorated

portion thereof), less any applicable promotional discount, is

paid in full and the premises designated for lease is vacated

by the prior tenant.

23. DELAY OF POSSESSION: Tenant expressly agrees

that if by reason of the premises being unready for

occupancy, or by reason of the previous tenant or occupant

of the dwelling holding over, or as a result of any other

cause whatsoever, Tenant is unable to enter and occupy the

premises, Landlord shall not be liable to Tenant in damages,

but shall abate the rent for the period in which the Tenant is

unable to occupy the premises.

24. MATERIALITY OF APPLICATION TO RENT:

All representations made by Tenant(s) on the Application to

Rent (or like-titled document) are material to the grant of

this Lease, and the Lease is granted only on condition of the

truthfulness and accuracy of said representations. If a

failure to disclose or lack of truthfulness is discovered on

said Application, Landlord may deem Tenant to be in breach

of this Lease.

25. MODIFICATION OF THIS LEASE: Any

modification of this lease shall not be binding upon

Landlord unless in writing and signed by Landlord or

Landlord’s authorized agent. No oral representation shall be

effective to modify this Lease. If, as per the terms of this

paragraph, any provision of this lease is newly added,

modified, or stricken out, the remainder of this Lease shall

remain in full force and effect.

26. REMEDIES NOT EXCLUSIVE: The remedies and

rights contained in and conveyed by this Lease are

cumulative, and are not exclusive of other rights, remedies

and benefits allowed by applicable Florida law.

27. SEVERABILITY: If any provision herein, or any

portion thereof, is rendered invalid by operation of law,

judgment, or court order, the remaining provisions and/or

portions of provisions shall remain valid and enforceable

and shall be construed to so remain.

28. NO WAIVER: The failure of Landlord to insist upon

the strict performance of the terms, covenants, and

agreements herein shall not be construed as a waiver or

relinquishment of Landlord's right thereafter to enforce any

such term, covenant, or condition, but the same shall

continue in full force and effect. No act or omission of

Landlord shall be considered a waiver of any of the terms or

conditions of this Lease, nor excuse any conduct contrary to

the terms and conditions of this Lease, nor be considered to

create a pattern of conduct between the Landlord and Tenant

upon which Tenant may rely upon if contrary to the terms

and conditions of this Lease.

29. ATTORNEY FEES: In the event that Landlord

employees an attorney to collect any rents or other charges

due hereunder by Tenant or to enforce any of Tenant's

covenants herein or to protect the interest of the Landlord

hereunder, Tenant agrees to pay a reasonable attorney's fee

and all expenses and costs incurred thereby.

30. HEIRS AND ASSIGNS: It is agreed and understood

that all covenants of this lease shall succeed to and be

binding upon the respective heirs, executors, administrators,

successors and, except as provided herein, assigns of the

parties hereto, but nothing contained herein shall be

construed so as to allow the Tenant to transfer or assign this

lease in violation of any term hereof.

31. DESTRUCTION OF PREMISES: In the event the

leased premises shall be destroyed or rendered totally

untenable by fire, windstorm, or any other cause beyond the

control of Landlord, then this Lease shall cease and

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terminate as of the date of such destruction, and the rent

shall then be accounted for between Landlord and Tenant up

to the time of such damage or destruction of said premises as

if being prorated as of that date. In the event the leased

premises are damaged by fire, windstorm or other cause

beyond the control of Landlord so as to render the same

partially untenable, but repairable within a reasonable time,

then this lease shall remain in force and effect and the

Landlord shall, within said reasonable time, restore said

premises to substantially the condition the premises were in

prior to said damage, and there shall be an abatement in rent

in proportion to the relationship the damaged portion of the

leased premises bears to the whole of said premises.

32. EMINENT DOMAIN: In the event that the leased

premises shall be taken by eminent domain, the rent shall be

prorated to the date of taking and this Lease shall terminate

on that date.

33. LANDLORD ENTRY AND LIEN: In addition to the

rights provided by applicable Florida law, Landlord shall

have the right to enter the leased premises at all reasonable

times for the purpose of inspecting the same and/or showing

the same to prospective tenants or purchasers, and to make

such reasonable repairs and alterations as may be deemed

necessary by Landlord for the preservation of the leased

premised or the building and to remove any alterations,

additions, fixtures, and any other objects which may be

affixed or erected in violation of the terms of this Lease.

Landlord shall give reasonable notice of intent to enter

premises except in the case of an emergency. Furthermore,

Landlord retains a Landlord’s Lien on all personal property

placed upon the premises to secure the payment of rent and

any damages to the leased premises.

34. GOVERNING LAW: This Lease is governed by the

statutory and case law of the State of Florida.

35. ADDITIONAL PROVISIONS:

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