LEASE AGREEMENT
This Lease, made this______day of ______, 2016___, between __Joseph Paiva______hereinafter referred to as Lessor, and the following individuals hereinafter referred to as Lessee(s):
1)Abdel Dan Hazimi2)Gina Hazimi
3)4)
Premises: Lessor agrees to lease to Lessee, as herein provided the premises located at:
3995 Four Oaks Blvd, Tallahassee, Florida 32311 .
(Rental address)(Zip Code)
Application: If any information provided in your lease application is false of incorrect, we may, at out option, terminate the lease.
Terms: The term of the lease shall be for12 months, commencing the , 201
and ending at 12:00 noon on the31 day of, 201.
Rent: Lessee hereby agrees to lease the above premises and to pay the Lessor for said term at the rate of $ 1400.00 per month, monthly in advance. Said monthly installments of rent shall be due on the 1st day of each month during the term of this lease and shall be paid without abatement or setoff.
Late Fee: If rent is received after the 5th day of each month, a late fee of $35.00 will be due, plus an additional charge of $5.00 per day for each day thereafter until payment is received, all to be deemed additional rent.
Payments: Rent check shall be made payable to Joe Paiva.
If payment is made by check, the rent shall not be considered timely paid until the check is honored. If your check is dishonored, you must pay a service fee of $35.00, plus any additional late charges. We are not required to redeposit a dishonored check.
All payments should be delivered to the following address:13636 Mandarin Circle, Naples, Fl 34109
Security Deposit: Lessee does further agree to pay the sum of $0 which shall be held in escrow by the Lessor as security for faithful performance of all covenants, conditions and agreements of this lease. You may not apply your security deposit as rent. Should the Lessee terminate this lease prior to its expiration the foregoing deposit shall be forfeited by the Lessee.
Should client request the security deposit be paid at a later time the time will be no more than one month from commencement of lease or the landlord can terminate the lease and tenant has 3 days to vacate the property.
Upon completion of this lease, Lessor will return the security deposit after the leased premises have been vacated provided you have 1) Complied with the terms and conditions on lease and Security Deposit agreement, 2) Surrendered the premises and returned all keys on the termination date, 3) Not damaged the premises, 4) Cleaned the entire premises and removed all debris, and had the carpet professionally steam cleaned (paid receipt within 5 days prior to move-out is required), and 5) Paid all rent and any other charges due to Lessor. You understand that your liability is not limited to the amount of your security deposit and that proration or division of any returned security deposit among other residents, if any, is your responsibility. One check will be issued to all residents jointly.
Your deposit is held in a non-interest bearing account, with Chase Bank, a regulated financial institute, whose address is:
4700 Tamiami Trail N, Naples, Fl 34103
Utilities: Lessee shall maintain uninterrupted utility services at all times during this lease. Utilities must be placed in Lessee’s name. Lessor shall not be liable for damages or otherwise for failure or interruption of utility service due to causes beyond Lessor’s control. Lessor shall furnish pest control and Lawn Maintenance. Lessee shall be responsible for, but not limited to, electricity, gas, heating oil, water, sewer, garbage, telephone and cable TV or satellite.
Insurance: Lessor shall maintain in force during the term of this lease, fire, extended coverage and public liability insurance. Lessor shall not be liable for any damage to the property or for any loss suffered by the business or occupation of the Lessee. It is highly recommended that Lessee obtain renter’s insurance and provide Lessor with a copy. Le
that Lessee obtain renter’s insurance and provide Lessor with a copy. Lessee acknowledges the Lessee’s personal property is not covered by Lessor’s insurance.
Occupancy: Only those persons whose signatures appear on this lease may occupy the premises. Lease premises shall be used for private residential purposes only. Any visitor may not spend more than six (6) nights on the premises in any one calendar month.
Possession: lessee shall complete and return to Lessor within three (3) days after assuming of the premises the “Commencement Inventory Checklist” and receive one signed and acknowledged copy from Lessor. THE PREMISES WILL BE CONCLUSIVELY PRESUMED TO BE IN PERFECT CONDITION IF YOU FAIL TO RETURN THE ‘COMMENCEMENT INVENTORY CHECKLIST” within the 3 day period, and/of if signature of the Lessor is not on the space provided. At termination of the Agreement, Lessee shall return premises to the Lessor in the same good, undamaged, working, clean condition.
Keys: Lessee shall be given two (2) keys to the premises and shall be charged $50.00 if all keys are not returned to the Lessor at the end of the Lease.
Lockout: If the Lessee becomes locked out of the Premises, $25.00 will be charged to gain re-entry.
JOINT RENTAL RESPONSIBILITY: If the above described premises are leased to more than one (1) Lessee, each of whom have signed in the space provided, then each of the joint Lessee(s) shall be JOINTLY (COLLECTIVELY) AND SEVERALLY (INVIDUALLY) RESPONSIBLE FOR THE PAYMENT OF THE TOTAL RENT REQUIRED HEREIN.
Assignment: Lessee's leasehold interest may not be assigned or subject in whole without prior written consent of the Lessor. In the event of a Lessor approved assignment, Lessee shall remain liable to the Lessor as a payment guarantor for the full and timely performance of this lease by Lessee's assignee(s). Lessor shall have no obligation to assist Lessee in finding a Sub-Tenant. In the event of any approved Sub-Lease, Lessee shall remain primarily liable to for the full and timely performance of this rental agreement.
No Smoking Policy.Tenant, or Tenant’s family or guests shall not smoke within premises. This includes smoking cigarettes, cigars, pipes or any other smoking device. This policy is in effect desire to mitigate (i) the irritation and known health effects of secondhand smoke; (ii) the increased maintenance, cleaning, and redecorating costs from smoking; and (iii) the increased risk of fire from smoking. Tenant acknowledges that Landlord/Agent’s adoption of a no smoking policy does not make the Landlord/Agent the guarantor of the Tenant’s health or of the smoke-free condition of the premises.
Nonliability of Lessor for Damages: Lessor shall not be liable for liability or damage claims for injury to person, including Lessee or his agents, tenants, guests, or for property damage from any cause, related to Lessee's or his agents’, tenants ' or guests' occupancy of the premises. Lessee hereby covenants and agrees to indemnify Lessor and to hold them harmless from all liability, loss, or other damage, claims, or obligations because of or arising out of such injuries or losses.
Security: Lessor has no obligation under this lease to provide security. You agree to look solely to the public law enforcement for this service. You agree that you have inspected the premises and believe them to be safe.
No Waste, Nuisance or Unlawful Use: Lessee shall not commit, or allow to be committed, any waste on the premises, or nuisance, nor shall he use or allow the premises to be used for any unlawful purposes. Any Lessee created city and/or county code violations or regulations that generate fines or penalties of any form will be the sole financial responsibility of the Lessee.
Municipal Rules & Regulations: The Lessee shall comply with all Municipality Rules and regulations regarding such matters as, but not limited to, the proper removal of yard litter, over-crowding of premises, yard parking, illegal signage, noise, and other restrictions noted herein. If Lessee creates a violation that causes hardship to the property, that hardship will be at the Lessee's expense.
Property Insurance: Lessor and Lessee shall each be responsible to maintain appropriate insurance for their respective interests in the premises and property located on the premises.
Dangerous Materials: Lessee shall not keep or have on the premises any article, item or substance of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the premises or that might be considered hazardous by a responsible insurance company.
Fire & Casualty: In the event of damage or destruction of the premises, or the building in which they are located by fire or other cause, Lessor at its election, may either re-build and/or repair damages, or cancel this Lease by notice in writing delivered to Lessee within one (1) week after occurrence of the fire or casualty. It should also be noted that if the cause of the fire is determined to have been caused by negligence or carelessness on the part of Lessee(s), Lessee(s) is responsible for any damages.
Lessee shall be responsible for testing Smoke Detector(s) at least once a month. If the smoke detector is battery operated, Lessee shall be responsible for the replacement of batteries. If after testing or replacing a battery, the Smoke Detector(s) fails to operate correctly, the Lessee must notify the Lessor immediately.
Premature Termination: If Lessee vacates the premises prior to the expiration of the term of the Lease, Lessee's liability to pay rent shall continue until the premises is rented for an amount at least equal to the rent, and for a term at least as long as the remainder of the term.
Termination upon sale of premises: Notwithstanding any other provision of this lease, Lessor may terminate this lease upon forty-five (45) days written notice to Lessee that the premises has been sold.
Lessor's Remedies Upon 's Breach of Lease: If Lessee commits a material breach in this lease, Lessor shall have the following remedies in addition to those other legal rights and remedies in such event
- Reentry: Lessor may reenter the premises immediately and terminate Lessee's possession of these premises.
- Termination: After reentry, Lessor may terminate this lease by giving fifteen (15) days written notice of such termination to Lessee, the reason for such termination, and giving Lessee the opportunity to correct any breach of this lease specified in such notice of termination within thirty (30) days after notice to Lessee.
- ATTORNEYS FEES: If the Lessee fails to comply with the terms of this lease agreement, the Lessee will pay all expenses reasonably incurred by the Lessor to enforce the lease agreement, including a reasonable attorney's fee.
- Rights: Upon termination of this lease for breach of any of its material conditions and terms, Lessee shall relinquish all rights and monies paid to date and improvements. Lessee agrees to vacate premises upon such material breach and termination of this lease.
Time Is of the Essence: Time is of the essence to this agreement.
Attorney Fees and Costs: In connection with any litigation, including appeals, arising out of this contract the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney’s fees.
Modification: This lease may be modified only by written agreement signed by all parties.
Renewal: You have no right to renew this lease. We may, at our option, offer you a window of opportunity to renew.
Termination: Upon termination of this lease, you agree to vacate the premises. If any of your property is left in or on the premisses after you vacate or abandon, you authorize us to remove or dispose of that property and you waive any claims for damages as a result of our disposal of the property.
Alterations: Lessee shall make no alterations, decorations, additions, or improvements in or to the premises without prior written consent, and then only by contractors or mechanics approved by Lessor. All alterations, additions or improvements made by either party shall become the property of the Lessor.
Repairs: You must immediately notify us in writing of any needed maintenance or repair. You agree to pay all costs of unnecessary maintenance calls or those caused by your misuse or negligent use of the facilities. Lessee shall pay for cost of repairs due to negligence or misuse within thirty (30) days of billing.
Damage to locks or keys lost or damaged by you will be repaired and/or replaced by us at your expense. Service calls for clogged toilets/showers/tubs will be charged to you as additional rent if the clog was caused by misuse, including tampons, sanitary napkins, excessive hair. Light bulbs must be replaced at your expense, and for the prescribed wattage for the light fixture. You agree to change the air conditioning and heating filter as often as needed, but no less than monthly. You agree to pay for any damage caused by your failure to carry out this maintenance requirement.
Access to the Premises: Lessor and his/her representatives shall have free access at all reasonable hours to the premises for the purpose of examining the same or exhibiting the same to prospective buyers or tenants, or for making alterations or repairs. A maintenance or management request by Lessee shall constitute permission for Lessor to enter unit.
RADON GAS: We are required by Florida Statutes to give the following notification to you. "Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons 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 you county public health unit"
LEAD PAINT: If the lease premises were built before 1978, you acknowledge receipt, before becoming obligated under this lease, of the Environmental Protection Agency (EPA) lead hazard information brochure entitled "Protect Your Family from Lead in Your Home." We do not know of the presence of any lead-base paint or lead-based paint hazards in the premises and have no lead hazard evaluation report in our possession.
RULES & REGULATIONS
- No pets may be kept in or about the premises, except for those assisting the disabled or impaired persons, without prior written consent. If consent is granted, an additional nonrefundable deposit of $250.00 is required. Further, you agree to pay for any/all damages or injury caused by the pet ANY UNAUTHORIZED PET FOUND ON THE PREMISES WILL RESULT IN AN AUTOMATIC $500.00 NON-REFUNDABLE FINE, DUE UPON DEMAND OF THE LANDLORD/OWNER.
- No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted, or affixed by Lessee on the outside or inside of the building.
- No spikes, hooks, nails, adhesives, screws shall be driven into walls or woodwork, without written consent of Lessor.
- No additional locks shall be placed upon doors or windows.
- Waterbeds are prohibited.
- Except for automobiles, no vehicles (boats, campers, trailers, etc.) may be parked on the premises without written consent of the Lessor.
- Balcony or patio areas must be kept neat & clean in broom swept condition.
- Roof and/or Attic access is strictly prohibited.
ADDITIONAL PROVISIONS:
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I HAVE READ AND UNDERSTOOD AND AGREE TO THE FOREGOING RENTAL AGREEMENT AND HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THIS LEASE.
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