Fillable Printable Miami Lease Agreement
Fillable Printable Miami Lease Agreement
![Miami Lease Agreement](/resources/formfile/images/10000/miami-lease-agreement-page1.png)
Miami Lease Agreement
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LEASE AGREEMENT
I. TERM AND PARTIES: This is a lease (the “Lease”) for a period of ________mon ths (the “Lease Term”),
(Number)
beginning and e nding , between
(Month, day, year) (Month, day, year)
(Name of owner of the property)
and ________________________________________________________________________________________________
(Name of person(s) to whom the property is leased)
(In the Lease, the owner, whether one or more, of the property is called “Landlord.” All persons to whom the property is
leased are called “Ten ant.”)
II. PROPERTY RENTE D. Landlord leases to Tenant the premises lo cated at the follo wing address: .
___________________________________________________________________________________________________
(Street address)
, Florida .
(City) (Zip code)
together with the following furniture and appliances:
[List all furniture and appliances. If none, write “none.”] (In the Lease the property leased, including furniture and
appliances , if any, is cal led “th e Premises.”)
III. COMMON AREAS. In multi-family properties, Landlord grants to Tenant permission to use, along with others, the
common areas of the b ui lding and the develo pment of which the Premises are a part.
IV. RENT: Tenant shall pay to Landlord the sum of $______________ as rent for the full term of the lease, payable in monthly
installments to Landlord due on the _________ day of each calendar month during the period of this Lease. Rent shall be
mailed o r delivered in person to
___________________________________________________________________________________________________
a. The Rent shall be payable in monthly installments on the ________day of each month, with a five (5) day grace
period.
b. Payment can be made by cash, check, mon ey order at th e Owners’ address specified above or at su ch other
address as O wner may from time to time designate by written notice served upon Tenant.
c. Owner or his employee or agent will every month provide tenants with a written rent receipt.
V. DEPOSITS, ADVANCE RENT, AND LATE CHARGES. In addition to the Lease Payments described above, Tenant
shall pay the following: (check o nly th o se items that apply)
a security deposit of $ to be paid upon signing the Lease.
a pet deposit in the amount of $ to be paid upon signing the Lease.
a late charge in t he amou nt of $ for each Lease Payment made mo r e th an number
of days after the date it is due. Notwithstanding this provision or any other provision in this Lease to the contrary,
Landlord and Tenant agree, that Landlord shall not be entitled to collect a late fee or charge from both the Tenant and
Miami-Dade Public Housing Authority (“MDPHA”) under thi s Lease.
a bad ch eck fee in the amount of $ (not to exceed $30.00 or 5% of the Lease Payment, whichever is
greater). If Tenant makes any Lease Payment with a bad check, Landlord can require Tenant to pay all future Lease
Payments in cash or by money order.
VI. SECURITY DEPOSITS AND ADVANCE RENT. If Tenant has paid a security deposit or advance rent the following
provision apply:
A. Landlord shall hold the money in a separate non-interest-bearing account in a banking institution insured by the FDIC
for the benefit of Tenant. Landlord cannot mix such money with any other funds of Landlord or pledge, mortgage, or
make any other use of such money until the money is actually due to Landlord.
B. Upon the vacating of the premises for ter mination of the lease, if t he Landlord does not intend to impose a claim on the
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security deposit, the Landlord shall have 15 days to return the security deposit together with interest if otherwise
required, or the landlord sh all have 30 days to give th e tenant written notice by certi fied mail to th e 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. 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 depo sit.
C. 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.
VII. NOTICES. Is Landlord’s Agent. All notices to Landlord and Lease Payments
[Name]
must be sent to Landlord’s Agent at
[Address)
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 delivered to Tenant at the Premise. If
Tenan t is absent from th e Premises, a n otice to Tenant may be given by leaving a cop y of the notice at the P remises.
Any notice to Tenant shall be given by certified mail, return receipt requested, or delivered to Tenant at the Premises. If
Tenan t is absent from th e Premises, a n otice to Tenant may be given by leaving a cop y of the notice at the P r emises.
VIII. USE OF PRE MISES. 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. Landlord will give Tenant notice
of any restri ctions that apply to the Premises.
The Premises may be located in a condominium, cooperative development or may be subject to a Homeowners Association
(collectively Association). 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, Homeowners’ Association, the plat, and restrictions,
rules and regulations as now exist or may be adopted, modified, amended, or repealed by the governing Association during
th e Lease Term.
A. Tenant may not keep or allow pets or animals on the Premises without Landlord’s approval of the pet or animal in
writing.
B. Tenant shall not keep any dangerous or flammable items that might increase the danger of fire or damage on the
Premises without Landlord’s consent.
C. Tenant sh all no t create any environ ment al hazards on or about th e Premises.
D. Tenant shall not destroy, deface, damage, impair, or remove any part of the Premises belonging to Landlord, nor permit
any person to do so.
E. Tenant may not make any alterations or improvements to the Premises without first obtaining Landlord’s written
consent to the alteration or improvement.
F. 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.
IX.
CARE AND MAINTENANCE OF PREMISE S:
A. Owner’s Respon sibilities:
i. Warranty of Habitability: The Owner promises that the leased premises and building are fit to live in and not
dangerous to life, health, or safety of the occupants and that the apartment and building meet the standards
required by all applicable housing codes, building codes, health codes and Section 83.51 of the Florida
Statues. At all times during Tenant ’ s tenancy, Owner sh all maintain the premises in good condition as
required by all applicable building, housing, health codes and Section 83.51 of the Florida Statues. Owner
agrees to meet all requirements of applicable co d es and laws, including bu t not limited to:
1. Maintaining the roofs, windows, screens, doors, floors, steps, porches, exterior and interior walls,
foundations and all other structural components.
2. Maintain all plumbing in reasonable and working order.
3. Maintain all elect r ical systems in reasonabl e and working order.
4. Provide hot and cold running water 24-hours a day.
5. Provide for r egular ext ermin ation of rats , mice, r oaches, ants , woo d-destroying organisms and
bedbugs.
6. Provide for the clean and safe condition of all inside and outside common areas including garbage
pickup, lawn maintenance and maintenance of exterior lighting.
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ii. Breac h of Warranty of Habitabili ty: Unless the apartment or building becomes unfit to live in due to the
misconduct of the tenant or the tenant’s famil y or guests, the Owner will be held responsible for any breach
of warranty of habitability. Conditions which would constitute breach of the warranty of habitability include,
but are not lim ited to:
1. Insect or Rodent Infestation
2. Insufficient plumbing facilities
3. Dangero us el ectrical out lets or wiring
4. Inad equate sanitation faciliti es
5. Holes in walls or ceilings
B. Tenant’s Re sponsibiliti es: At al l times during the Lease Term, Tenant s hall:
1. comply with all obligations imposed upon tenants by applicable provisions of building, housing, and
heal th codes;
2. keep the P remises cl ean and sani tary;
3. re move all garb age from the dwel ling uni t clean, and sanit ar y, an d in r epair ; and
4. keep all plumbing fixtures in the dwelling unit clean, sanitary and in repair; and
5. use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air
conditioning, and other facilities and appliances, including elevators.
C. Repairs: Pri or to the Commence ment d ate of this agree men t, Own er shall (at Owner’s o wn cost and exp ense, and
to the satisfaction of Tenant) put the premises in a condition that meets the Warrant of Habitability standard
referenced above and all other applicable standards from housing, building codes, health codes and Section 83.51
of the Florida Statues. The Owner shall be responsible for all subsequent repairs as to keep and maintain the
premises to the standards required by applicable housing, building codes, health codes and Section 83.51 of the
Florid a Statues .
a. Time for Repairs:
i. Non-emergency repai r s will be made within 15 days of receip t of Rep air Request Fo r m.
ii. In the event that repair s ar e not completed within 15 days, Tenan ts may elect t o EI THE R :
1. Pay for repairs and deduct the cost of repairs from the monthly rent rate. D eductions should be
based eith er on actual r eceipts or at rates equivalent to cur r ent s tandard; OR
2. Exercise their legal ri ght to abate ren t payments unti l all repairs ar e complet ed.
D. R ig ht of I ns pe ct io n: During the term of this lease and any renewal thereof, Owner and his agents shall only enter
described premises to conduct repairs or inspection upon 3-days written notice to Tenant AND after Tenant and
Owner (or his a gents) have agreed upon a date and time for the inspection or repair to occur. Owner shall not enter
the described premises without Tenant’s permission, the only exception being in the case of emergency or when
absolutely necessary for the protection or preservation of the premises. Tenant agrees to not unreasonably
withhold consent to the Owner to enter the des cr ibed premises.
X. UTILITIES AND AMENITIES (Please check all that apply to the unit)
Utilities
Electricity bills will be paid by ___ Landlord ___ Tenant.
Sel ect a power source ___Natural Gas ___ Electric___ Heat Pump ___ Bottle Gas (Propane)
Heating b ills will be paid by ___ Landlord ___Tenant.
Sel ect a power source ___Natural Gas ___ Electric___ Heat Pump ___ Bottle Gas (Propane)
Refrigerator will be provided by ___ Landlord ___ Tenant
Sel ect a power source ___Natural Gas ___ Electric___ Heat Pump ___ Bottle Gas (Propane)
Range /Microwave will be provided by___ Landlord ___ Tenant
Sel ect a power source ___Natural Gas ___ Electric___ Heat Pump ___ Bottle Gas (Propane)
AC bills will be paid by ___ Landlord ___ Tenant
Select a power source ___Natural Gas ___ Electric___ Heat Pump ___ Bottle Gas (Propane)
AC/Heating bills will be paid by ___ Landlord ___ Tenant
Sel ect a power source ___Natural Gas ___ Electric___ Heat Pump ___ Bottle Gas (Propane)
Other E lectric bills will be paid by ___ Landlord ___ Tenant
Sel ect a power source ___Natural Gas ___ Electric___ Heat Pump ___ Bottle Gas (Propane)
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Utilities (continued)
Water bills will be paid by ___ Landlord ___ Tenant.
Sewer bills will be paid by ___ Landlord ___ Tenant.
Trash s er vices will be paid by ___ Landlord ___ Tenant.
Amenities
Garba ge Disp osal ___ Cable ___
Dishwasher ___ Pool ___
Pest Control ___ Security S ystem ___
Lawn Care ___ W/D Hookups ___
Washer/ D ryer in U nit ___ Ceiling F ans ___
Washer/ D ryer in C omplex ___ Microwave (In addition ___
to range)
XI. LANDLORD’S ACCESES TO PREMISES. Landlord or Landlord’s Agent may enter the Premises in the following
circumstances:
A. At any time for the prot ection or pres er vat io n of the Premises.
B. After r easonable not ice to Tenant at reason able times for th e purpo se of repairi ng the P remises.
C. 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
cont ra ctors un de r any of the following circumstances:
1. with Tenant’s consent;
2. in case of emergenc y;
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. (If the rent is
current and Tenant notifies the Landlord of an intended absence, then Landlord may enter only with Tenant’s
consent for the protection or preservation of the Premises.
XII. PROHIBIT ED ACT S BY LANDLORD.
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, gas, elevator, garbage collection, or
refrigeration (whether or not th e utility service is under the control of, or payment is made by, Landlord).
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.
Landlord cannot remove the outside doors, locks, roof, walls, or windows of the Premises except for purposes of
main ten ance, rep air, or r epl acemen t. Land lo rd cann o t remove Ten ant ’s p erso nal prop ert y fro m th e Premises un less t he
actio n is taken after su rren d er, aban don ment, o r a l awful evict io n. I f pro vid ed i n a writt en agr eemen t sep arat e fro m 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 purpose 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
Tenan t’s absen ce) .
XIII. 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 with in 30 d ays after th e damag e or dest r uct io n and Ten ant will immediately vacate the p remises. 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
red uced by the fair r ental value of the p ar t of the Premises that was damaged or destroyed.
XIV. DEFAULT.
A. Landlord’s Default. Except as noted below, Landlord will be in default if Landlord fails to comply with Landlord’s
required maintenance obligations under Section IX(A) or fails to comply with other 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, ever y r eas onable effort to co r r ect the prob lem, the Lease ma y be al tered by the parties, as f ollo ws:
1. If Landlord’s failure to comply makes the Premises uninhabitable and Tenant vacates, Tenant shall not be liable
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for rent during the period the Premises remains uninhabitable.
2. If Landlord’s failure to comply does not make the Premises uninhabitable and Tenant continues to occupy the
Premises, the rent for the period of noncompliance will be reduced by an amount in proportion to the loss of rental
value caused by the noncompliance.
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 a subsequent or
cont i nued unrea s onable di s turbance .
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 deliver of written notice to Tenant from Landlord specifying the default.
C. Waiver of Default. If Landlord accepts rent knowing of Tenant’s default or accepts performance by Tenant of any
provision of the Lease different from the performance required by the Lease, if Tenant pays rent knowing of
Landlord’s default or accepts performance by Landlord of any provision of the Lease different from the performance
required by the Lease, the party accepting the rent or performance or making the payment shall not have the right to
terminate the Lease or t o bring a lawsu it for that d efault, but may enforce any l ater default .
XV. REME DIES AND DEFENSES.
A. Tenant’s Remedies.
1. If Landlord has defaulted under the Lease and if Tenant has given Landlord a written notice describing the default
and Tenant’s intention to withhold rent if the default is not corrected within 7 days, Tenant may withhold an
amount of rent equal to the loss in rental value caused by the default. If Tenant’s notice advises Landlord that
Tenant intends to terminate the Lease if the default is not cured within 7 days and the default is not cured within
th e 7 days, Ten ant may terminate the Lease.
2. If Tenant has given the notice referred to in subparagraph (1) above, and if Landlord has not corrected the default
within 7 days, Tenant may, in addition to withholding the applicable amount of rent, file a lawsuit in county court
to require Landlord to correct the default and for damages.
3. If Landlord’s default makes the Premises uninhabitable, and if Tenant has given Landlord a notice describing the
default and informing Landlord that Tenant intends to terminate the Lease, then if Landlord does not cure the
default within the 7-day period, Tenant may terminat e th e Lease at the end of the 7 days.
4. If Landlord violates the provisions of Section XII, Landlord shall be liable to Tenant for actual and consequential
damages or 3 months’ rent, whichever is greater, for each violation.
B. La ndlord’s Remedies.
1. If Tenant remains on the Premises after expiration or termination of the Lease without Landlord’s permission,
Landlord may recover possession of the Premises in the manner provided for by law. Landlord may also recover
double rent for t he peri od during wh ich Ten ant refuses to vacate t he Pr emises.
2. If Tenant defaults under the Lease by failing to pay rent, as set forth in section XIV(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 XIC(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 Premise as provided by law.
4. Landlord shall not recover possession of the P remises except:
a. in a lawsuit for possession;
b. when Tenant has surrendered possession of the Premises to Landlord; or
c. when Tenant has abandoned the Premises. Absent actual knowledge of abandonment, the Premises shall be
considered abandoned if Tenant is absent from them for at least one-half a R en tal In st allment Period, t he ren t
is not current,
and
5. If Tenant has defaulted under the Lease and Landlord has obtained a writ of possession. If Tenant has surrendered
possession of the P remises to Landlord or if Tenant has abandoned the Premises, Landlord may:
Tenant has not notified Landlord, in writing, of an intended absence.
a. treat the Lease as terminated, retake possession for Landlord’s own account, and any further liability of
Tenant will be ended;
b. retake possession of the P remises for Tenant ’s accou nt. Ten ant will remai n liab le for th e differen ce bet ween
rent agreed to be paid under the Lease and rent Landlord is able to recover in good faith from a new tenant; or
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c. do nothing, and Tenant will be liable for the rent as it comes du e.
6. If Landlord retakes possession of the Premises for Tenant’s account, Landlord must make a good faith effort to re-
lease th e P r emises. Any rent rece ived by Land lo rd as a resu lt o f the new lease sh all b e d edu cted from th e 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 were used in the initial rental or at least the same
efforts 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.
C. Other Remedies Each part y also may have other re medi es available at law or in equity.
D. Defenses. In a lawsuit by Landlord for possession of the Premises based upon nonpayment of rent or in a lawsuit by
Landlord seeking to obtain unpaid rent, Tenant may assert as a defense Landlord’s failure to perform required
maintenance, as set forth in Section IX(A) above. Landlord’s failure to provide elective maintenance, as set forth in
Section IX(B) above, shall not be a defense to any lawsuit by Landlord for possession of the P remises unless otherwise
provided by the Lease or applicable law. Tenant also may raise any other defense, whether legal or equitable, that
Tenan t may have, inclu ding the defense or ret aliat ory con duct.
E. Payment of Rent to Court. In any lawsuit by Landlord for possession of the Premises, if Tenant raises any defense
other than payment, Tenant must pay into the registry of the court the past due rent set forth in Landlord’s complaint,
or an amount determined by the court, and the rent which comes due during the lawsuit, as it comes due. Failure of
Tenant to pay the rent into the registry of the court will be a waiver of Tenant’s defenses other than payment.
F. Attorney’s Fees. In any lawsuit brought to enforce the Lease or under applicable law, the party who wins may recover
its reaso nable court costs and attorneys’ fe es from the party who loses.
XVII. RISK OF LOSS. Landlord shall not be liable for any loss by reason of damage, theft, or otherwise to the contents,
belongings, and personal effect of the Tenant, or Tenant’s family, agents, employees, guests, or visitors located in or
about the Premises, or for damage or injury to Tenant or Tenant’s family, agents, employees, guests, or visitors.
Landlord shall not be liable if such damage, theft or loss is caused by Tenant, Tenant’s family, agents, emplo yees, guest
or visitors. Nothing contained in this provision shall relieve Landlord or Tenant from responsibility for loss, damage or
injury caused by its own negligence or willful conduct.
XVIII. SUBORDINATION. The Lease is subordinate to the lien of any mortgage encumbering the fee title to the Premises
fro m time to time.
XIX. LIENS. Tenant shall not have the right or authority to encumber the Premises or to permit an y person to claim or assert
any lien for the improvement or repair of the Premises made by Tenant. Tenant shall notify all parties performing work
on the Premises at Tenant’s request that the Lease does not allow any liens to attach to Landlord’s interest.
XXI. RENEWAL/EXTENSION. The Lease can be renewed only by a written agreement signed by both Landlord and
Tenant, but no renewal may extend the term to a date more than 1 year after the lease begins. A new lease is
req uir ed each year.
.
XXII. MISCELLANEOUS:
A. Time is o f the essence of the Lease.
B. The Lease and the HUD-approved Tenancy Addendum (form HUD-52641A), which is attached hereto and
incorporated by reference, shall be binding upon and for the benefit of the 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.
C. In case of any conflict between the provisions of the Tenancy Addendum as required by HUD, and any other
provisions of the Lease or any other agreement between the owner and the tenant, the requirements of the HUD-
required Tenancy Addendum shall control.
D. The agreements contained in the Lease and the HUD-approved Tenancy Addendum set forth the complete
understanding of the parties and may not be changed or terminated orally.
E. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by
Landlord.
F. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease
shall be determined pursuant to the laws of Florida.
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G. The place for filing any suits or other proceedings with respect to the Lease shall be the county in which the
Premises is located .
H. Landlord and Tenant will use good faith in performing their obligations under the Lease.
I. As required by law, Landlord makes the following disclosure: “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.
J. The Landlord hereto agrees to abide by terms and conditions of the Housing Assistance Payments Contract
(“HAP”) between Landlord and MDPHA and with all rules and regulations of the MDPHA Housing Choice
Voucher and/or Moderate Rehabilitation Program (“Program”). The provision of the HAP and Program are
incorporated herein by reference.
The Lease has been executed b y t he parties on th e dat es indicated be low:
Executed by Landlord in the presence of:
Print Landlord Name
Print Name: By:
Landlord’s Signature
Print Name: As:
2 witnesses needed for Landlord Date:
Executed by Tenant i n the pres ence of:
Print Name: Tenant’s signature
Pr in t Tenant Name
Print Name: Date:
Print Name: Tenant’s signature
Pr in t Tenant Name
Print Name: Date:
2 witnesses needed fo r each Tenant
This form was completed
With the as s istance o f
Name:
Address:
Telephone No.