Florida Dwelling Lease Agreement Form Page 2

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Resident initials: ________ ________ ________ ________
1. SECURITY DEPOSIT:
A. Your security deposit will be held as indicated:
(1)_____Deposited in a separate: ____ interest bearing __X__ non-interest bearing account with: Bank of America 100 N West Shore Blvd Tampa,
Fl 33607. You will receive 75 percent of any interest paid on your deposit but not more than 5 percent per year. OR
(2)___ Commingled with our other funds. You will receive interest on your deposit at the rate of 5 percent per year.
B. Your security deposit is security for your full performance of this lease & may not be applied by you to any money that you owe to us.
C. Florida statute 83.49(2) requires that we provide you the following disclosure:
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S
ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD
MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE
DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF
THE LANDLORD'S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU
THE REMAINING DEPOSIT, IF ANY.
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT
AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT
YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS
AND OBLIGATIONS.
2. RENT: You agree to pay the monthly rent indicated above at our agent's office (or any other place that we may inform you in writing) on or before
the 1
day of each month without deduction or set off. If prorated rent is indicated, it is the amount due for the partial first month of this lease. Time is
st
of the essence. Rent payments must be made by one check or money order even if there is more than one resident. Payment may not be made by
third party checks or in cash. Payment after the 1st day of the month must include a late charge of 10%, as additional rent. If rent is not
received by the 1
day of each month, we may serve you with a Three Day Notice on the next day or any day thereafter as allowed by law, and we
st
have the right to demand that late payments will only be in the form of a money order or a certified check. We reserve the right to refuse payment
after expiration of our demand for rent or possession as provided for in the Florida Statutes If your check is dishonored, you must pay us a service
charge of $50.00 plus any other charges provided by law and plus any accrued late charges. If one of your checks is dishonored, you may be
required to pay future rent by certified funds. We are not required to redeposit a dishonored check. You must pay any taxes due on your payments.
Any payment due under this lease is rent. We may apply any payment to any outstanding balance regardless of any notation on or with the
payment.
3. USE: The dwelling may be used only as a single family dwelling for the persons named above. You may not make alterations or additions, or
install or maintain in the dwelling, or any part of the premises, any fixtures or large appliances without our written consent. Any alterations, additions,
or fixtures that are made or installed will remain a part of the dwelling unless we specifically agree otherwise. Locks may not be altered or changed.
No adhesives, screws, hooks, nails or similar things may be driven into or applied to the walls or other surfaces except small nails may be used for
hanging wall decorations. You are responsible for the cost of any repairs. No water filled furniture is permitted.
4. RENEWAL: This lease will continue for one year after the Initial Lease Term unless either you or we give the other at least 30 days’ written
notice of termination before the end of the initial term. During the continuation term, either you or we may terminate the lease at the end of a
calendar month by giving the other not less than 60 days written notice. We may increase the rent at the end of the initial term or during the
continuation term by giving you not less than 60 days notice before the beginning of a calendar month.
5. UTILITIES: You must pay for and have water, sewer, trash collection, and electricity service for your dwelling before occupying. You may not
occupy your dwelling without water and electricity service except during brief interruptions beyond your control.
6. OCCUPANCY: Only those persons whose names appear on this lease may occupy the dwelling without our prior written consent except guests
for no more than 7 consecutive or 14 total days. The dwelling may be used solely for private housing. You may not assign this lease or sublet any
portion of your dwelling. If you will be absent for more than 14 days, you must notify us in writing.
7. PETS: No pets may enter or be kept in your dwelling or on the premises without our written consent.
8. SMOKING: Smoking is not permitted inside the premises by tenant, guests or invites. Tenant understands that smoking inside the premises shall
be considered a material default under this lease.
9. CRIMINAL ACTIVITY: If you or your invitee engages in criminal activity on the premises or near enough to adversely affect it or neighbors, such
activity will be a default for which this lease may be immediately terminated.
10. REMEDIES: You and we have all remedies provided by law. If you vacate before the end of your lease (even if due to eviction) you must still pay
rent for the entire lease less any net rent which we receive from re-renting your apartment. We have no duty to re-rent. The prevailing party in any
dispute arising out of this lease will be entitled to recover reasonable collection costs including attorney fees from the non-prevailing party.
Lease form provided by attorney John E. McMillan,
It complies with the requirements of Florida law effective January 2014

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