Residential Lease Agreement Template - Florida

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FLORIDA RESIDENTIAL LEASE AGREEMENT
This Residential Lease Agreement (hereinafter “Lease”) is entered into this the
day of
, 20
,
by and between the Lessor:
, (hereinafter referred to as “Landlord”), and the
Lessee(s):
.
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
hold under this Lease, and upon so doing Landlord shall be
unto Tenant, and Tenant does hereby rent from Landlord,
released from all liability to Tenant for return of said
security deposit.
solely for use as a personal residence, excluding all other
uses,
the
personal
residence
located
in
County, Florida, with address of:
In compliance with Florida Code § 83.49:
1. Landlord shall deposit the security deposit in a non-
interest bearing escrow account.
,
2. Upon the termination of the Lease Agreement, and
including the following items of personal property:
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.
3. Unless Tenant objects within 15 days to the deductions,
2. NATURE OF OCCUPANCY:
As a special
consideration and inducement for the granting of this Lease
Landlord may deduct the stated amount, and then must
by the Landlord to the Tenant, the personal residence
return the remainder to Tenant within 30 days from the date
of Landlord’s original Notice of Claim.
described above shall be used and occupied only by the
members of the Tenant’s family or others whose names and
5. RENT PAYMENTS: Tenant agrees to pay rent unto
ages are set forth below:
the Landlord during the term of this Lease in equal monthly
installments of $
, said installment for each
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
.
3.
TERM OF LEASE: This Lease shall commence on
Tenant agrees that if rent is not paid in full on or before the
the
day of
, 20
, and
day of the month, Tenant will pay a late charge of
extend until
its
expiration
on the
day of
, unless renewed or extended
$
as allowed by applicable Florida law.
, 20
pursuant to the terms herein.
The prorated rent from the commencement of this Lease to
the first day of the following month is $
,
4. SECURITY DEPOSIT:
Upon execution of this
which amount shall be paid at the execution of this Lease.
Lease, Tenant shall deposit the sum of $
to be
held by Landlord as a security deposit for reasonable
Tenant agrees that rent shall be paid in lawful money of the
cleaning of, and repair of damages to, the premises upon the
United States by (indicate those that apply):
expiration or termination of this Lease, or other reasonable
[
] cash, [
] personal check, [
] money order, [
]
damages resulting from a default by Tenant. Tenant shall be
cashier’s check, [ ] other
.
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
Rent
payments
shall
be
made
payable
to
and
deposit. Tenant may not apply the security deposit to any
mailed
or
delivered
to
the
following
address:
rent due under this Lease. If Landlord sells or assigns the
leased premises, Landlord shall have the right to transfer
. All notices from Tenant to
Tenant’s security deposit to the new owner or assignee to
Residential Lease Agreement, Page 1
FLORIDA RESIDENTIAL LEASE AGREEMENT
This Residential Lease Agreement (hereinafter “Lease”) is entered into this the
day of
, 20
,
by and between the Lessor:
, (hereinafter referred to as “Landlord”), and the
Lessee(s):
.
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
hold under this Lease, and upon so doing Landlord shall be
unto Tenant, and Tenant does hereby rent from Landlord,
released from all liability to Tenant for return of said
security deposit.
solely for use as a personal residence, excluding all other
uses,
the
personal
residence
located
in
County, Florida, with address of:
In compliance with Florida Code § 83.49:
1. Landlord shall deposit the security deposit in a non-
interest bearing escrow account.
,
2. Upon the termination of the Lease Agreement, and
including the following items of personal property:
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.
3. Unless Tenant objects within 15 days to the deductions,
2. NATURE OF OCCUPANCY:
As a special
consideration and inducement for the granting of this Lease
Landlord may deduct the stated amount, and then must
by the Landlord to the Tenant, the personal residence
return the remainder to Tenant within 30 days from the date
of Landlord’s original Notice of Claim.
described above shall be used and occupied only by the
members of the Tenant’s family or others whose names and
5. RENT PAYMENTS: Tenant agrees to pay rent unto
ages are set forth below:
the Landlord during the term of this Lease in equal monthly
installments of $
, said installment for each
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
.
3.
TERM OF LEASE: This Lease shall commence on
Tenant agrees that if rent is not paid in full on or before the
the
day of
, 20
, and
day of the month, Tenant will pay a late charge of
extend until
its
expiration
on the
day of
, unless renewed or extended
$
as allowed by applicable Florida law.
, 20
pursuant to the terms herein.
The prorated rent from the commencement of this Lease to
the first day of the following month is $
,
4. SECURITY DEPOSIT:
Upon execution of this
which amount shall be paid at the execution of this Lease.
Lease, Tenant shall deposit the sum of $
to be
held by Landlord as a security deposit for reasonable
Tenant agrees that rent shall be paid in lawful money of the
cleaning of, and repair of damages to, the premises upon the
United States by (indicate those that apply):
expiration or termination of this Lease, or other reasonable
[
] cash, [
] personal check, [
] money order, [
]
damages resulting from a default by Tenant. Tenant shall be
cashier’s check, [ ] other
.
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
Rent
payments
shall
be
made
payable
to
and
deposit. Tenant may not apply the security deposit to any
mailed
or
delivered
to
the
following
address:
rent due under this Lease. If Landlord sells or assigns the
leased premises, Landlord shall have the right to transfer
. All notices from Tenant to
Tenant’s security deposit to the new owner or assignee to
Residential Lease Agreement, Page 1
Landlord under this Lease and applicable Florida law shall
not limited to, activities in contravention of the lease or this
be delivered to the above address.
act such as having or permitting unauthorized pets, guests,
or vehicles; parking in an unauthorized manner or permitting
Tenant agrees that rent monies will not be considered paid
such parking; or failing to keep the premises clean and
until Landlord or Landlord’s agent receives the rent monies,
sanitary.
either by mail or by delivery to the above address. Tenant
placing rent monies in the mail is not sufficient for rent to be
If the tenant fails to pay rent when due, Landlord may
considered paid, and rent will be considered unpaid until
deliver a 3-day notice of termination to Tenant, requiring
actual receipt thereof.
payment of rent in full or surrender of the premises within 3
days. If the Tenant’s default continues for 3 days, excluding
If there are multiple Tenants signed to this Lease, all such
Saturday, Sunday, and legal holidays, the landlord may
Tenants are jointly, severally and individually bound by, and
terminate the rental agreement. Legal holidays for the
liable under, the terms and conditions of this Lease.
A
purpose of this paragraph shall be court-observed holidays
judgment entered against one Tenant shall be no bar to an
only.
action against other Tenants.
The delivery of the written notices required above shall be
6.
CONSEQUENCES
OF
BREACH
BY
by mailing or delivery of a true copy thereof or, if the tenant
TENANT: If Tenant, by any act or omission, or by the act
is absent from the premises, by leaving a copy thereof at the
or omission of any of Tenant’s family or invitees, licensees,
residence.
and/or guests, violates any of the terms or conditions of this
Lease or any other documents made a part hereof by
Tenant expressly agrees and understands that upon
reference or attachment, Tenant shall be considered in
Landlord’s termination of this Lease, the entire remaining
breach of this Lease (breach by one tenant shall be
balance of unpaid rent for the remaining term of this Lease
considered breach by all tenants where Tenant is more than
shall ACCELERATE, whereby the entire sum shall
one person).
become
immediately
due,
payable,
and
collectable.
Landlord may hold the portion of Tenant’s security deposit
In compliance with Florida Code § 83.56:
remaining after reasonable cleaning and repairs as a partial
offset to satisfaction of the accelerated rent.
If the Tenant materially fails to comply with material
provisions of the rental agreement, or reasonable rules or
7.
DELIVERY OF NOTICES:
Any giving of notice
regulations, other than a failure to pay rent, the Landlord
under this Lease or applicable Florida law shall be made by
may:
Tenant in writing and delivered to the address noted above
for the payment of rent, either by hand delivery or by mail.
(a) If such noncompliance is of a nature that the tenant
Certified or registered mail is recommended. Delivery by
should not be given an opportunity to cure it or if the
mail shall not be considered complete until actual receipt by
noncompliance constitutes a subsequent or continuing
Landlord or Landlord’s agent.
noncompliance within 12 months of a written warning by
the landlord of a similar violation, deliver a written notice to
Any notices from Landlord to Tenant shall be in writing and
the tenant specifying the noncompliance and the landlord's
shall be deemed sufficiently served upon Tenant when
intent to terminate the rental agreement by reason thereof.
deposited in the mail addressed to the leased premises, or
Examples of noncompliance which are of a nature that the
addressed to Tenant’s last known post office address, or
tenant should not be given an opportunity to cure include,
hand delivered, or placed in Tenant’s mailbox. If Tenant is
but are not limited to, destruction, damage, or misuse of the
more than one person, then notice to one shall be sufficient
landlord's or other tenants' property by intentional act or a
as notice to all.
subsequent or continued unreasonable disturbance. In such
event, the landlord may terminate the rental agreement, and
8.
UTILITIES:
Tenant will provide and pay for the
the tenant shall have 7 days from the date that the notice is
following utilities (indicate those that apply):
delivered to vacate the premises.
[
] Electric, [
] Gas, [
] Telephone, [
] Cable
Television, [ ] Water, [ ] Garbage pick-up.
(b) If such noncompliance is of a nature that the tenant
should be given an opportunity to cure it, deliver a written
Landlord will provide and pay for the following utilities
notice to the tenant specifying the noncompliance, including
(indicate those that apply):
a notice that, if the noncompliance is not corrected within 7
[
] Electric, [
] Gas, [
] Telephone, [
] Cable
days from the date the written notice is delivered, the
Television, [ ] Water, [ ] Garbage pick-up.
landlord shall terminate the rental agreement by reason
Tenant shall be responsible for contacting and arranging for
thereof. Examples of such noncompliance include, but are
any utility service not provided by the Landlord, and for any
Residential Lease Agreement, Page 2
utilities not listed above.
Tenant shall be responsible for
1. The extermination of rats, mice, roaches, ants, wood-
having same utilities disconnected on the day Tenant
destroying organisms, and bedbugs. When vacation of the
delivers the leased premises back unto Landlord upon
premises is required for such extermination, the landlord
termination or expiration of this Lease.
shall not be liable for damages but shall abate the rent. The
tenant shall be required to temporarily vacate the premises
9. NOTICE OF INTENT TO SURRENDER: Any other
for a period of time not to exceed 4 days, on 7 days' written
provision of this lease to the contrary notwithstanding, at
notice, if necessary, for extermination pursuant to this
subparagraph.
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
2. Locks and keys.
of Tenant’s intention to surrender the residence at the
3. The clean and safe condition of common areas.
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
4.
Outside garbage receptacles and removal of garbage
provisions of this Lease will remain in full force and effect,
therefrom.
unless this Lease is extended or renewed for a specific term
by written agreement of Landlord and Tenant.
5. Functioning facilities for heat during winter, running
water, and hot water.
If Tenant becomes a month-to-month tenant in the manner
described above, Tenant must give a thirty (30) day written
(b)
Unless
otherwise
agreed
in
writing,
at
the
notice to the Landlord of Tenant’s intention to surrender the
commencement of the Lease of a single-family home or
residence.
At any time during a month-to-month tenancy
duplex, the landlord shall install working smoke detection
Landlord may terminate the month-to-month Lease by
devices.
serving Tenant with a written notice of termination, or by
any other means allowed by applicable Florida law. Upon
(c) Nothing in this part authorizes the tenant to raise a
termination, Tenant shall vacate the premises and deliver
noncompliance by the landlord with this subsection as a
defense to an action for possession.
same unto Landlord on or before the expiration of the period
of notice.
(d) This subsection shall not apply to a mobile home owned
by a tenant.
10. OBLIGATIONS AND DUTIES OF LANDLORD:
As per Florida Code § 83.51:
(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
(1) The landlord at all times during the Lease shall:
removal, water, fuel, or utilities.
(a) Comply with the requirements of applicable building,
(3) If the duty imposed by subsection (1) is the same or
housing, and health codes; or
greater than any duty imposed by subsection (2), the
(b) Where there are no applicable building, housing, or
landlord's duty is determined by subsection (1).
health codes, maintain the roofs, windows, screens, doors,
(4) The landlord is not responsible to the tenant under this
floors, steps, porches, exterior walls, foundations, and all
other structural components in good repair and capable of
section for conditions created or caused by the negligent or
wrongful act or omission of the tenant, a member of the
resisting normal forces and loads and the plumbing in
tenant's family, or other person on the premises with the
reasonable working condition. However, the landlord shall
not be required to maintain a mobile home or other structure
tenant's consent.
owned by the tenant.
11. OBLIGATIONS AND DUTIES OF TENANT:
The landlord's obligations under this subsection may be
altered or modified in writing with respect to a single-family
As per Florida Code § 83.52, Tenant shall:
home or duplex.
(1) Comply with all obligations imposed upon tenants by
(2)(a) Unless otherwise agreed in writing, in addition to the
applicable provisions of building, housing, and health codes.
(2) Keep that part of the premises which he or she occupies
requirements of subsection (1), the landlord of a dwelling
unit other than a single-family home or duplex shall, at all
and uses clean and sanitary.
times during the Lease, make reasonable provisions for:
(3) Remove from the tenant's dwelling unit all garbage in a
Residential Lease Agreement, Page 3
clean and sanitary manner.
termination of the Lease, Tenant shall return the leased
premises in as good condition as when taken by Tenant at
(4) Keep all plumbing fixtures in the dwelling unit or used
the commencement of the lease, with only normal wear-and-
by the tenant clean and sanitary and in repair.
tear excepted. Tenant shall have the right to remove from the
premises Tenant’s fixtures placed thereon by Tenant at his
(5) Use and operate in a reasonable manner all electrical,
expense, provided, however, that Tenant in effecting
plumbing, sanitary, heating, ventilating, air-conditioning and
removal, shall restore the leased premises to as good, safe,
other facilities and appliances, including elevators.
sound, orderly and sightly condition as before the addition
of Tenant’s fixture. Failing this, Tenant shall be obligated to
(6) Not destroy, deface, damage, impair, or remove any part
pay for repairs as stated above.
of the premises or property therein belonging to the landlord
nor permit any person to do so.
15. ALTERATIONS: Tenant shall make no alterations,
decorations, additions, or improvements to the leased
(7) Conduct himself or herself, and require other persons on
premises without first obtaining the express written consent
the premises with his or her consent to conduct themselves,
of Landlord.
Any of the above-described work shall
in a manner that does not unreasonably disturb the tenant's
become part of the dwelling. If carried out by independent
neighbors or constitute a breach of the peace.
contractors, said contractors must be approved by Landlord.
Tenant shall not contract for work to be done without first
Tenant agrees that any violation of these provisions shall be
placing monies sufficient to satisfy the contract price in an
considered a breach of this Lease.
escrow account approved by Landlord. All work shall be
done at such times and in such manner as Landlord may
12. NO ASSIGNMENT: Tenant expressly agrees that the
designate. If a construction or mechanic’s lien is placed on
leased premises nor any portion thereof shall not be assigned
the leased premises as a result of the work, such shall be
or sub-let by Tenant without the prior written consent of
satisfied by Tenant within ten (10) days thereafter at
Landlord.
Tenant’s sole expense. Tenant shall be considered in breach
of this Lease upon failure to satisfy said lien.
13. TENANT INSURANCE: Landlord shall not be liable
to Tenant, Tenant’s family or Tenant’s invitees, licensees,
16. NO ILLEGAL USE:
Tenant shall not perpetrate,
and/or guests for damages not proximately caused by
allow or suffer any acts or omissions contrary to law or
Landlord or Landlord’s agents.
Landlord will not
ordinance to be carried out upon the leased premises or in
compensate Tenant or anyone else for damages proximately
any common area. Upon obtaining actual knowledge of any
caused by any other source whatsoever, or by Acts of God,
illegal acts or omissions upon the leased premises, Tenant
and
Tenant
is
therefore
strongly
encouraged
to
agrees to immediately inform Landlord and the appropriate
independently purchase
insurance to
protect Tenant,
authorities. Tenant shall bear responsibility for any and all
Tenant’s family, Tenant’s invitees, licensees, and/or guests,
illegal acts or omissions upon the leased premises and shall
and all personal property on the leased premises and/or in
be considered in breach of this Lease upon conviction of
any common areas from any and all damages.
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.
14.
CONDITION OF LEASED PREMISES:
Tenant
hereby acknowledges that Tenant has examined the leased
premises prior to the signing of this Lease, or knowingly
17. NOTICE OF INJURIES:
In the event of any
waived said examination. Tenant acknowledges that Tenant
significant injury or damage to Tenant, Tenant’s family, or
has not relied on any representations made by Landlord or
Tenant’s invitees, licensees, and/or guests, or any personal
Landlord’s agents regarding the condition of the leased
property, suffered in the leased premises or in any common
premises and that Tenant takes premises in its AS-IS
area, written notice of same shall be provided by Tenant to
condition with no express or implied warranties or
Landlord at the address designated for delivery of notices
representations beyond those contained herein or required
(identical to address for payment of rent) as soon as possible
by applicable Florida law. Tenant agrees not to damage the
but not later than five (5) days after said injury or damage.
premises through any act or omission, and to be responsible
Failure to provide such notice shall constitute a breach of
for any damages sustained through the acts or omissions of
this Lease.
Tenant, Tenant’s family or Tenant’s invitees, licensees,
18. LANDLORD’S RIGHT TO MORTGAGE:
Tenant
and/or guests.
If such damages are incurred, Tenant is
agrees to accept the premises subject to and subordinate to
required to pay for any resulting repairs at the same time and
any existing or future mortgage or other lien, and Landlord
in addition to the next month’s rent payment, with
reserves the right to subject premises to same.
Tenant
consequences for non-payment identical to those for non-
agrees to and hereby irrevocably grants Landlord power of
payment of rent described herein.
At the expiration or
attorney for Tenant for the sole purpose of executing and
Residential Lease Agreement, Page 4
delivering in the name of the Tenant any document(s)
failure to disclose or lack of truthfulness is discovered on
related to the Landlord’s right to subject the premises to a
said Application, Landlord may deem Tenant to be in breach
mortgage or other lien.
of this Lease.
19. DELAY IN REPAIRS:
Tenant agrees that if any
25.
MODIFICATION
OF
THIS
LEASE:
Any
repairs to be made by Landlord are delayed by reasons
modification of this lease shall not be binding upon
beyond Landlords control, there shall be no effect on the
Landlord unless in writing and signed by Landlord or
obligations of Tenant under this Lease.
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,
20. ABANDONMENT: Abandonment shall be defined as
the absence of the Tenant from the leased premises for a
modified, or stricken out, the remainder of this Lease shall
period of seven (7) or more consecutive days while rent or
remain in full force and effect.
any owing monies remain unpaid- whereupon Tenant will be
considered in breach of this Lease.
This definition is
26. REMEDIES NOT EXCLUSIVE: The remedies and
subordinate to, and shall not in any way impair, the rights
rights contained in and conveyed by this Lease are
and remedies of Landlord under this Lease or applicable
cumulative, and are not exclusive of other rights, remedies
Florida law, except that in case of abandonment, Landlord
and benefits allowed by applicable Florida law.
or Landlord’s agents may immediately or any time thereafter
enter and re-take the leased premises as provided by
27. SEVERABILITY:
If any provision herein, or any
applicable Florida law, and terminate this Lease without
portion thereof, is rendered invalid by operation of law,
notice to Tenant.
judgment, or court order, the remaining provisions and/or
portions of provisions shall remain valid and enforceable
21.
NOTICE OF ABSENCE FROM PREMISES:
If
and shall be construed to so remain.
Tenant is to be absent from the leased premises for seven (7)
or more consecutive days, written notice of such should be
28. NO WAIVER: The failure of Landlord to insist upon
served upon Landlord. If such absences are to be customary
the strict performance of the terms, covenants, and
or frequent, the expected frequency and duration of absence
agreements herein shall not be construed as a waiver or
should be summarily noted here:
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
Tenant expressly agrees and understands that absence from
Landlord shall be considered a waiver of any of the terms or
the premises, with or without notice, in no way obviates the
conditions of this Lease, nor excuse any conduct contrary to
requirement to pay rent and other monies as stated herein, or
the terms and conditions of this Lease, nor be considered to
the consequences of failure to timely pay same.
create a pattern of conduct between the Landlord and Tenant
upon which Tenant may rely upon if contrary to the terms
22. POSSESSION OF PREMISES: Tenant shall not be
and conditions of this Lease.
entitled to possession of the premises designated for lease
until the security deposit and first month’s rent (or prorated
29. ATTORNEY FEES:
In the event that Landlord
portion thereof), less any applicable promotional discount, is
employees an attorney to collect any rents or other charges
paid in full and the premises designated for lease is vacated
due hereunder by Tenant or to enforce any of Tenant's
by the prior tenant.
covenants herein or to protect the interest of the Landlord
hereunder, Tenant agrees to pay a reasonable attorney's fee
23. DELAY OF POSSESSION: Tenant expressly agrees
and all expenses and costs incurred thereby.
that if by reason of the premises being unready for
occupancy, or by reason of the previous tenant or occupant
30. HEIRS AND ASSIGNS: It is agreed and understood
of the dwelling holding over, or as a result of any other
that all covenants of this lease shall succeed to and be
cause whatsoever, Tenant is unable to enter and occupy the
binding upon the respective heirs, executors, administrators,
premises, Landlord shall not be liable to Tenant in damages,
successors and, except as provided herein, assigns of the
but shall abate the rent for the period in which the Tenant is
parties hereto, but nothing contained herein shall be
unable to occupy the premises.
construed so as to allow the Tenant to transfer or assign this
lease in violation of any term hereof.
24.
MATERIALITY OF APPLICATION TO RENT:
All representations made by Tenant(s) on the Application to
31. DESTRUCTION OF PREMISES:
In the event the
Rent (or like-titled document) are material to the grant of
leased premises shall be destroyed or rendered totally
this Lease, and the Lease is granted only on condition of the
untenable by fire, windstorm, or any other cause beyond the
truthfulness and accuracy of said representations.
If a
control of Landlord, then this Lease shall cease and
Residential Lease Agreement, Page 5

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