RESIDENTIAL REAL ESTATE LEASE Rental property: 3740 Idlebrook Circle #206,Casselberry,Fl 32707 a condo Term Beginning _______1/1/2008______ and Ending ___12/31/2008________ Monthly Rent: $ 850 Security Deposit: $ 850. All funds due prior to occupancy by cash, bank check or money orders Non-refundable deposit of $ 850 due immediately to hold property. This lease is not valid until deposit is received and lease signed by all parties. Tenant Name: _____Sharon Stine Reyes___________________________ Owner Name & Address: Walkyria DeMello 8201 SW 98th St.,Miami,Fl 33156 Phone 305-562-2220 In consideration of mutual agreements and covenants set forth below, the same being fully included as part of this Lease, Owner hereby leases to Tenant and Tenant hereby leases from Owner for a private dwelling the above Rental property designated together with the fixtures and accessories belonging thereto, for the above term. All parties listed as Owner and Tenant are herein referred to individually and collectively as Owner and Tenant, respectively. By: ______________________________ ____________ By: ____________________________ __________ Tenant signature Date Owner signature Date By: ______________________________ ____________ By: ____________________________ __________ Tenant signature Date Owner signature Date AGREEMENTS AND COVENANTS RENT 1. Tenant shall on the first day of each month pay to Owner in advance the rent set forth above at the address set forth above. The time of each and every payment of rent is of the essence of the Lease. Rent must be mailed in timely fashion, so that it is received by the first of each month. LATE FEE 2. Tenant agrees to pay a 5% late fee if monthly payment is three days late and further agrees to pay a $15 per day late fee after five days late. The time of each and every payment of rent and/or payment of late fees is of the essence of the Lease. An additional service fee of $35 will be paid to Owner for all dishonored checks. The acceptance by Owner of partial payments of rent shall not under any circumstances, constitute a waiver of the Owner, nor affect any notice or legal proceedings in unlawful detainee theretofore given or commenced under F.S. 83.59. 3. Tenant has deposited with Owner in a non-interest bearing account the security deposit set forth above for the performance of each and every covenant and agreement of this Lease. Owner shall have the right, but not the obligation, to apply the security deposit in whole or in part in payment of any unpaid rent or other amount due because of an under-performed covenant or agreement by Tenant. Owner’s right to possession of the premises for nonpayment of rent or for any other reason shall not be affected by the fact of Owner holding security. Tenant’s liability is not limited to the amount of the security deposit. On termination of Lease and full payment of all amounts due and performance of all Tenant’s covenants and agreements (including surrender of rental property in accordance with Paragraph 14), the security deposit or any portion thereof remaining unapplied shall be returned to Tenant. 4. The application for this Lease and all representations and promises contained therein are hereby made a part of this Lease. Tenant warrants that the information given by Tenant in the application is true. If such information is false, Owner may elect to terminate this Lease. 5. Tenant has examined the Rental Unit and acknowledges that, except for any work Owner has agreed to do in the application or otherwise in writing, Tenant is satisfied with the present physical condition of the rental Unit and that Owner makes no representation or promise concerning the physical condition except those specifically set forth in this Lease. Tenant accepts said Rental Unit and all furnishing and appliances therein as being in good and satisfactory condition unless a written statement of objections is delivered to the Owner within 3 days after taking possession. Tenant agrees that failure to file such a statement shall be conclusive proof that there were no defects of note in the property.In the event any repair or replacement is necessitated by negligence or willful act of the Tenant, Tenant shall on demand reimburse Owner the cost thereof. Tenant shall comply with all responsibilities imposed on tenants by the applicable Municipal Code and other regulations. Tenant shall not suffer or commit any waste in and abort the Rental Unit or the building and shall return the rental Unit to Owner in like conditions, reasonable wear excepted. If Tenant fails to keep the Rental Unit in such condition and repair, Owner may enter and put the Rental Unit in good condition and repair. On demand, Tenant shall pay Owner the cost of such work. 6. The Rental Unit shall be occupied solely for residence purposes by Tenant, those other persons listed in the application for lease, and any children that may be born to or legally adopted by Tenant during the term. Neither Tenant nor any of these persons shall be disturbing to neighbors nor shall Tenant engage in any business activity therein. Pets not registered under this Lease will be presumed to be strays and will be disposed of by the appropriate agency as prescribed by law at pet owners expense. Pet name/description: __No Pets____; Non-refundable pet fee $____________. Owner shall furnish the following appliances and services: Refrigerator, Range, Washer, Dryer Tenant will be responsible for the payment of the following utilities and services: Cable TV, Electric, Telephone, Water and pest control. Page 1 of 3
SECURITY DEPOSIT
FALSE APPLICATION CONDITION OF RENTAL UNIT
USE OF RENTAL
CONSIGNMENT SUBLETTING, ABANDONMENT SUBLETTING, TERMINATION OF RIGHT OF POSSESSION, RE-ENTRY
7. Tenant shall neither sublet the Rental Unit or any part thereof, nor assign this Lease nor permit any act of default of himself or any person any transfer of Tenant’s interest by operation of law, not offer the Rental Unit or any part thereof for lease or sublease without, in each case, the written consent of Owner. If Tenant vacates or abandons the Rental Unit, ten days non-occupation being deemed abandonment, or breaches any covenant or agreement in the Lease, Tenant’s right to possession of the Rental Unit shall immediately terminate. The mere retention of possession thereafter by Tenant shall constitute a forcible detainee and if Owner so elects, but not otherwise, this Lease shall there upon terminate but this Lease shall automatically terminate without need of an election by Owner or any transfer of Tenant’s interest by operation of law such as Tenant’s bankruptcy or insolvency. In any such event, the Rental Unit or any part of it may be re-let by Owner for such rent and for such terms and such period as Owner may elect without releasing Tenant from any liability under this Lease. On such termination, Tenant shall surrender possession of the Rental Unit immediately and Owner shall have full and free license, without process of law to enter and take possession of the Rental Unit and expel or remove Tenant or any other person who may be occupying the Rental Unit and to repossess himself of the Rental Unit as of his former estate. Such entry by Owner shall not constitute trespass or forcible entry and detainer and shall not cause a forfeiture of rents due by virtue thereof or a waiver of Tenant’s covenants or agreements in this Lease. Owner may, for any reason, reject any prospective new tenant offered by Tenant or by other. Tenant shall on demand pay all deficiencies if the rent on reletting is not sufficient to satisfy the rent provided in this Lease and in addition shall pay all expenses of re-letting, including decorating, repairs, replacement and brokerage commissions. All proceeds realized from re-letting (less the cost thereof) shall be applied toward the balance due. 8. Tenant shall make no alterations or additions nor install nor maintain in the Rental Unit or any part of the Building, interior or exterior, major appliances or devices of any kind without in each case the written consent of Owner. All alterations, additions and fixtures, (including locks and bolts) shall remain as part of the Rental Unit unless Owner elects otherwise. 9. Owner shall be permitted to enter the premises from time to time as necessary to make agreed repairs or alterations, to supply agreed services, to exhibit the premises to prospective purchasers, tenants, or contractors, and undertake emergency work needed for preservation of the premises. 10. If the Rental Unit becomes un-tenantable by reason of fire, explosion or other casualty, Owner may at his option terminate this Lease or repair the Rental Unit within one hundred twenty (120) Days. If Owner does not repair the Rental Unit within this time, or if the Building is wholly destroyed, the Term hereby created shall cease and if Owner elects to repair the Unit, the rent shall be abated and prorated from the date of the fire, explosion or other casualty to the date of reoccupancy, provided that during repairs Tenant has vacated the Rental Unit and removed Tenant’s possession if required by Owner. The date of re-occupancy shall be the date of notice to Tenant that the Rental Unit is ready for occupancy. No rights of storage are given by this agreement. The Owner shall not be liable for any loss of property by fire, theft, breakage, burglary or otherwise, nor for any accidental damage to persons or property in or about the leased premises or building. It is expressly understood and agreed that the Owner shall not be liable for any damages or any injury to Tenant or his family or to his or his family’s property from whatever cause arising from the occupancy of said premises by Tenant and his family. Resident hereby covenants and agrees to make no claim for any such damages or loss against Owner, but to purchase needed insurance, or to provide self-insurance in adequate amounts to offset any risk. If the whole or any substantial part of the Building is taken or condemned by any competent authority for any Public use or purpose the Term of this Lease shall terminate upon, and not before, the date when possession of the part so taken shall be required for such use or purpose, and without appointment of the award. Currant rent shall be apportioned as of the termination date.
ALTERATIONS
ACCESS
FIRE AND CASUALTY
WAIVERS BY TENANT
11. (a) Tenant’s obligation to pay rent during the term or any extension thereof or any holdover tenancy shall not be waived, released or terminated by the service of any notice, demand for possession, notice for termination of tenancy, institution of any action of forcible detainer, ejectment or for any judgment for possession or any other act or acts resulting in termination of Tenant’s right of possession. (b) Acceptance by Owner of rent after it falls due or after knowledge of any breach of this Lease by Tenant, or giving of any notice or making of any demand or any other act of waiver by Owner other than a specific written waiver or election, shall not be construed as a waiver of any right of Owner under this Lease or as an election not to proceed under provisions of this Lease. (c) Except only as otherwise specifically provided by statute, Owner shall not be liable for damages to Tenant or to any persons claiming through Tenant (nor shall rent be abated) damage to or loss of property wherever located from any cause whatever. (d) Tenant agrees to pay all court costs, attorney’s fees and/or collection fees and costs incurred by Owner in enforcing legal action or any of the Owner’s other rights under the law, the remaining provisions shall continue to be valid and subject to enforcement in the courts without exceptions. 12. The obligations to two or more persons designated Tenant in this Lease shall be joint and several. Page 2 of 3
RULES AND REGULATIONS
13. The rules and regulations at the end of this Lease shall be a part of the Lease. Tenant covenants and agrees to keep and observe these rules and regulations. Tenant also covenants and agrees to keep and observe such further reasonable rules and regulations as may later be required by Owner for the necessary, proper and orderly care of the property. 14. All covenants and agreement on this Lease shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Owner and Tenant, subject to the restrictions set forth in Paragraph 6 hereof.
NOTICES
15. Any notice required of the Owner shall be sent to the Tenant at the leased premises. Any notices required by the Tenant shall be sent to the Owner’s address where rent is payable. 16. If intending to move at the end of this Lease, Tenant agrees to give Owner notice in writing at least 30 days before the Lease runs out. Otherwise, Tenant will be regarded as desiring to sign a new lease of the above-described Rental property. At the termination of this Lease by lapse of time or otherwise, Tenant shall yield up immediately possession to Owner and deliver all keys to Owner at the place where rent is payable. 17. Tenant is responsible for watering lawn twice weekly for a minimum of 25 minutes per irrigation zone. The system must be operated in conformity with municipal watering regulations. Any municipal fines for failing to adhere to watering regulations will be paid by Tenant. Lawn and shrubs and plants to be maintained, fertilized and pest control as needed. 18. Late fees are deemed as additional rent. 19. The first $100 of each repair is the responsibility of the Tenant 20. Number of persons residing in this dwelling is __1___ adults and __1__ children (under 18). 21. Tenants are to keep bathrooms and tiled areas caulked to avoid leaks and damage to walls 22. No smoking is allowed inside property,house or garage 23. If rental unit is a condo, then some maintenance of common areas do not apply. RULES AND REGULATIONS 1. 2. 3. 4. 5. No trailer, large truck, or disabled motor vehicle may be parked, stored or permitted to be parked or stored on the Rental property. The Tenant shall not alter any lock or install a new lock or knocker or other attachment on any door of the Rental Unit without the written consent of the Owner. No noise, music or other sounds shall be permitted at any time in such manner as to disturb or annoy others. No spikes, hooks, or nails shall be driven into the walls or woodwork to the Rental Unit without first obtaining written consent of the Owner. No device commonly known as a waterbed is to be used in the Rental Unit unless Tenant has provided Owner suitable insurance against personal injury and property damage for third parties including Owner. No vehicles are to be driven or parked on lawn or yard. No bird or squirrel feeders allowed on the property SECURITY DEPOSIT RELEASE AGREEMENT
6. 7.
RELEASE OF THE SECURITY DEPOSIT IS SUBJECT TO THE FOLLOWING PROVISIONS: 1. All carpets to be professionally shampooed 2. Full term of lease has expired. 3. 30 days written notice was given prior to leaving residence. 4. No damage to property beyond fair wear and tear. 5. Entire residence, including range, exhaust fan, refrigerator, bathrooms, closets, cabinets and windows to be cleaned and clear. Refrigerator to be defrosted. 6. No stickers or scratches or holes on walls. 7. No unpaid late charges or delinquent rents. 8. All keys and garage opener remotes are to be returned within 2 days of vacating. 9. All debris and rubbish and discards placed in proper rubbish containers. 10. When applicable, lawn cut and cleaned just prior to vacating. 11. Tenant to allow Owner or agent to show property during the last 30 days of lease. The costs of labor and materials for cleaning and repair and delinquent payment s will be deducted from Security Deposit if the above provisions are not complied with. The Security Deposit will be refunded by check, mailed to the forwarding address, made payable to all persons signing the Lease. RADON GAS – NOTICE TO PROSPECTIVE TENANTS 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. Pursuant to s404.056(8), Florida Statutes. Page 3 of 3