Deposit And Non-Refundable Fee Agreement Sample (Page 3 of 4) in pdf

(f)

Landlord warrants that a unit’s sewage drains and plumbing are in good working order and that they will accept normal

household waste for which they are designed. They will not accept things such as diapers, cotton balls, sanitary napkins,

food, tampons, wads of toilet paper, balls of hair, grease, oil, table scraps, cloth, dirt, rock, aquarium gravel, or

newspapers. Tenant(s) agrees to pay for clearing of drains or disposals or any and all stoppages and any additional

damage/repair costs to Landlord, except those which the plumber who is called to clear the stoppage, will attest in

writing were caused by defective plumbing.

(g)

Tenant(s) is responsible for any windows that become cracked or broken in the unit during occupancy.

(h)

Tenant(s) is responsible for any damage to doors, doorframes (exterior or interior) during occupancy.

(i)

Do not attach mirrors to doors, walls, etc. Tenant(s) is responsible for removal, patches, paint and / or repairs needed

once mirror is removed.

(j)

Tenant(s) must not place furniture of any kind against or over heaters. All furniture should be placed at least three feet

from any heating vent.

15. FORFEITURE: Rental rates are based on long-term tenancy and should the Tenant(s) vacate the rental unit before June

, 2014 for any reason and / or before any signed extensions of the lease for any reason, the entire Deposit may be forfeited

and an early vacate fee $250 per person will be charged. The Deposit is subject, but not limited to, the following costs: Rent

past due and due through the end of Lease term, advertising (minimum of $75), and other administrative costs including an

early vacate fee of $250 to each outgoing tenant and items 1 through 13 above, if necessary. If the Landlord finds a new

tenant(s) for the unit due to the early vacancy, tenant(s) agree to pay the Landlord one-half of the first month’s full rent as a

finder’s fee to compensate the Landlord for the work associated with finding a new tenant in addition to costs stated above. If

the unit is not re-rented by the time Deposit statements are issued, rent through the end of the Lease term will be stated as due

and payable. Upon re-renting the unit, the Landlord will issue a revised statement and will refund any prepaid rents.

16. REFUND OF DEPOSIT: As per Section 83.49 (3) of the Florida Statute:

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 known mailing address of his or her intention to

impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the

following form:

This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is

sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from

your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your

security deposit. Your objection must be sent to (landlord's address) .

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the

security deposit.

(b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the

landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the

balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.

(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the

prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the

cause on the calendar.

(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-

licensed real estate brokers and salespersons, shall constitute compliance with all other relevant Florida Statutes pertaining to security

deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this

section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the

Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without

having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).

17. REFUND ADDRESS & PAYEE: Landlord agrees to refund any money due to the Tenant(s), subject to the above-mentioned

terms, to his last known address together with a statement for any funds withheld. Last known address shall be the Premises unless

otherwise directed in writing by the Tenant(s). Deposits will be refunded to all those whose signatures are on the Lease

Agreement at the termination of the tenancy, no matter who did or did not pay, by issuing one check mailed to any one

Tenant(s) unless otherwise directed in writing by all Tenant(s). If a separate check per tenant is requested, a $5 fee per check

will be assessed against the deposit. A $25 stop payment fee may apply for any lost check that is requested to be re-written.

17. RENT: Rent will be charged through the expiration day of the Lease.

18. DEPOSITS:

The funds paid as this Deposit by the Tenant(s) may not be used as a credit towards rent. The funds are

paid to the Landlord for the purposes herein contained and for no other reason. The Deposit remains in tact until the unit is vacated

and all keys have been returned to the Landlord. The Deposit is held in a non-interest bearing account at Wells Fargo located at

Gainesville, FL.

19. PETS: Pets are not permitted except with a written Pet Agreement and a pet deposit and pet fee. Pet charges for pet occupancy

are not part of this Deposit as defined herein. If Tenant(s) have been issued a comply notice for having a pet without the authorization

of the Landlord or the Landlord finds evidence of a pet during the move out inspection, Tenant(s) may be charged, at Landlord’s

discretion, a $300 pet fine plus costs associated to have the carpet inspected with an ultraviolet ray and costs associated to de-flea the

premises, in addition to any other costs deemed necessary due to the illegal pet.

Deposit And Non-Refundable Fee Agreement Sample Page 3

Related Articles

Related forms

Related Categories