VIEWS: 60 PAGES: 21 CATEGORY: Legal Forms POSTED ON: 5/19/2010
Prepare a Campus Housing Lease Agreement for a student tenant with this easy template for Florida. The Lease Agreement will be signed by the student, an adult guarantor (required if the student is a minor), and the landlord ⁄ owner of the rental property. The Lease contains provisions governing the tenancy, such as: - sliding scale rent based on number of bedrooms and occupancy, - procedure for retaining and refund of the security deposit, - use and care of the common areas by the tenant, - the tenant's responsibility for his/her share of utility costs, - telephone, E911 and internet access, - campus rules and regulations. The form includes a Guarantor Joinder to be signed by an adult guarantor of the lease (if required by the landlord). This Florida Campus Housing Lease Agreement is available in MS Word format.
LEASE AGREEMENT (FLORIDA) THIS AGREEMENT made effective as of the _____ day of ______________, _______. BETWEEN: AGENT: [NAME OF AGENT] (“Agent”) [address] [phone] as Agent for [NAME OF LANDLORD] (“Landlord”) [address] [phone] TENANT: [NAME OF TENANT] (“Tenant”) [address] [phone] [Social Security Number] GUARANTOR(S): [NAME(S) OF GUARANTOR(S)] (individually, a “Guarantor” or collectively, the “Guarantors”) [address] [phone] each of which, intending to be legally bound, and to bind their respective heirs, administrators, personal representatives, successors and assigns, hereby agree upon the following terms and conditions: 1. Leased Premises & Term Landlord does hereby lease to the Tenant the following premises: An undivided interest in the bedroom (“Bedroom”) that forms part of a unit of bedrooms (“Unit”) in the Landlord’s building located at [set out address] (“Building”), together with the right to use, in common with others, the furniture, appliances and personal property provided by Landlord in such Room and Unit (the “Personal Property”), all of which are collectively referred to as the “Premises”; in good and clean condition, to be used solely as a residence, for and during the term of ____ semester(s) at the [insert name of university] (the “University”), as follows: from and including the first day of the first semester, being [set out start date] (the “Commencement Date”) to _________ p.m. on the last day of the second semester, being [set out the termination date] (the “Termination Date”) The term of this Lease (“Term”) automatically expires on the Expiration Date, unless prior to that time the Landlord and the Tenant have entered into a written lease renewal agreement. Tenant understands and agrees that the obligation to pay rent hereunder is for the entire term of this Lease. If Tenant vacates early or if Landlord terminates this Lease as hereinafter provided, it is understood and agreed that Tenant shall still be obligated to pay rent until the termination date. -2- 2. Rent Payments Tenant agrees to pay Landlord, in advance, as total rent for the above described Premises the amount set out below: [choose the appropriate option from those set out below, or edit to suit the circumstances] Shared Bathroom in 2-Bedroom Unit: $###.## for the Term, payable in advance, in monthly installments of $###.## per month, on the 1st day of each month commencing on [insert date of first monthly payment], except that rent for the first month of the Term shall be prorated from the Commencement Date until the end of the calendar month, at a rate of $###.## per day and shall be payable upon the signing of this Lease; Private Bathroom in 2-Bedroom Unit: $###.## for the Term, payable in advance, in monthly installments of $###.## per month, on the 1st day of each month commencing on [insert date of first monthly payment], except that rent for the first month of the Term shall be prorated from the Commencement Date until the end of the calendar month, at a rate of $###.## per day and shall be payable upon the signing of this Lease; Shared Bathroom in 3-Bedroom Unit: $###.## for the Term, payable in advance, in monthly installments of $###.## per month, on the 1st day of each month commencing on [insert date of first monthly payment], except that rent for the first month of the Term shall be prorated from the Commencement Date until the end of the calendar month, at a rate of $###.## per day and shall be payable upon the signing of this Lease; Private Bathroom in 3-Bedroom Unit: $###.## for the Term, payable in advance, in monthly installments of $###.## per month, on the 1st day of each month commencing on [insert date of first monthly payment], except that rent for the first month of the Term shall be prorated from the Commencement Date until the end of the calendar month, at a rate of $###.## per day and shall be payable upon the signing of this Lease; Shared Bathroom in 4-Bedroom Unit: $###.## for the Term, payable in advance, in monthly installments of $###.## per month, on the 1st day of each month commencing on [insert date of first monthly payment], except that rent for the first month of the Term shall be prorated from the Commencement Date until the end of the calendar month, at a rate of $###.## per day and shall be payable upon the signing of this Lease; Private Bathroom in 4-Bedroom Unit: $###.## for the Term, payable in advance, in monthly installments of $###.## per month, on the 1st day of each month commencing on [insert date of first monthly payment], except that rent for the first month of the Term shall be prorated from the Commencement Date until the end of the calendar month, at a rate of $###.## per day and shall be payable upon the signing of this Lease. Except as otherwise expressly provided for herein, all Rent is payable by Tenant at [Landlord’s / Agent’s] office located at [insert appropriate address], or to such other person or at such other address as Landlord may from time to time notify Tenant in writing. All payments hereunder shall be by check or money order, made payable to [insert name to go on checks]. Any accord, satisfaction, conditions or limitations noted by Tenant in any Rent payment shall be null and void. The Rent, Fees and all other sums payable by Tenant hereunder shall be payable by Tenant when due, without demand, offset or deduction. If Tenant fails to pay any of such sums within three (3) days after the date that the same is due, Tenant shall pay Landlord a late charge of $###.##, plus $###.## per day from the due date until the date paid. Additionally, if any check for Rent or any other sum is returned unpaid, Tenant shall pay Landlord a bad check fee of $###.##, and, if Landlord so elects, all further Tenant Initials: Guarantor’s Initials: -3- payments due hereunder shall be paid in cash or by cashier’s check or money order. Rent is payable for the entire Term, regardless of whether Tenant vacates the Premises before the Termination Date for any reason. Landlord may apply any payment received from Tenant or Guarantor to then outstanding unpaid Rent in whatever order and priority Landlord may elect. 3. Security Deposit & Fees The security deposit and fees listed below are payable by Tenant upon execution of this Lease and prior to commencement of the tenancy: Security Deposit $###.## [list other fees to be paid on signing] $###.## TOTAL: $###.## The Security Deposit is collateral for the timely performance of all of Tenant’s agreements under this Lease, and if Tenant fails to perform any of his/her agreements hereunder, Landlord may, but is not obliged to, apply all or part of the Security Deposit to Tenant’s unperformed agreement (including payment of unpaid Rent), without limitation to any other right or remedy that Landlord has under this Lease. If Landlord applies the Security Deposit as described, Tenant shall, upon Landlord’s demand, deposit with Landlord the amount so applied so that the amount of the Security Deposit is restored to the original amount set out above. Landlord shall hold and dispose of the Security Deposit in compliance with non-waivable law. No interest shall accrue on the Security Deposit, unless and only to the extent required by non-waivable applicable law. 4. Return of Security Deposit As provided by Florida Statutes Section 83.49: (a) Upon the vacating of the Premises by the Tenant, Landlord shall have thirty (30) days to return the security deposit together with interest, if otherwise required, or in which time to give Tenant written notice by certified mail to Tenant’s last known mailing address of Landlord’s intention to impose a claim on the security 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 intentions to impose a claim for damage in the amount of $###.## upon your security deposit, due to ____________________. It is sent to you as required by Florida Statutes s. 83.49(3). You are hereby notified that you must object in writing to this deduction from your security deposit within fifteen (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 ________________ (name and address). (b) If Landlord fails to give the required notice within the 15-day period, Landlord forfeits the right to impose a claim upon the security deposit. (c) Unless Tenant objects to the imposition of Landlord’s claim or the amount thereof within 15 days after receipt of Landlord’s notice of intention to impose a claim, Landlord may then deduct the amount of Landlord’s claim and shall remit the balance of the deposit to Tenant within thirty (30) days after the date of Landlord’s notice. (d) 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 Tenant Initials: Guarantor’s Initials: -4- reasonable fee for his or her attorney from the non-prevailing party. The court shall advance the cause on the calendar. (e) Compliance with this subsection by an individual or business entity authorized to conduct business in the State of Florida, including Florida-licensed real estate brokers, and salespersons, shall conduct 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 subsection to determine compliance. This subsection prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes. 5. Common Areas; Use of Premises (a) In addition to the Premises, and subject to the terms and conditions contained in this Lease, the Landlord grants Tenant the right to use, in common with other residents, any common kitchen, bathrooms, Personal Property, club house, swimming pool, parking lots and other common areas (collectively, the “Common Areas”). (b) During the Term, the Tenant shall use the Premises for residential purposes only, and shall use the Common Areas only for the purposes for which they are intended, all subject to the Rules and Regulations attached hereto which form an integral part of this Lease. Tenant shall observe and perform all of its agreements and obligations under the Rules and Regulations. Landlord may from time amend and supplement the Rules and Regulations, effective upon notice to Tenant. (c) If Tenant is a student at the University (as defined herein), Tenant shall also abide by all of the University’s rules and regulations and student codes of conduct. (d) If, at the commencement of the Term, Landlord is unable to deliver possession of the Premises for any reason, Landlord shall not be liable to Tenant in any manner, and this Lease shall not be affected, except that: (i) Tenant shall not be obligated to pay Rent unless and until possession is delivered; (ii) Landlord, at its option, may relocate Tenant to another Bedroom and/or Unit within the Building or in another building; and (iii) if possession is not delivered or Tenant is not relocated within thirty (30) days of the Commencement Date, Tenant shall have the right to terminate this Lease by giving Landlord written notice prior to Landlord’s delivery of possession, whereupon Landlord shall refund any Security Deposit, Fees or Rent previously paid by Tenant. 6. Utility Costs The Rent includes pro rata shares of Landlord’s estimated costs of normal utility consumption attributable to Tenant’s use of the Premises, including the following electricity charges: $###.##. If, because of excessive electricity consumption at the Premises or increased utility rates, any actual electricity charge exceeds Landlord’s estimate, Landlord shall have the right, from time to time, to equitably allocate such increased charge(s) among the residents and Units within the Building, in which case Landlord shall deliver to Tenant a statement setting out the pro rata shares of such increases that are attributable to Tenant. Tenant shall pay the amount of each such statement within __ days after receipt thereof. 7. Telephone & Internet Service (a) Landlord will furnish Tenant’s Bedroom with a telephone terminal with dial tone, a telephone number for incoming calls, in-house dialing and, where available, E911 Service. Landlord may Tenant Initials: Guarantor’s Initials: -5- furnish additional features, at Landlord’s sole discretion and, if Tenant elects to purchase such features, Tenant shall pay additional charges for such additional features. Tenant shall not access, utilize or order any service that may result in charges being assessed to or costs being incurred by Landlord, including but not limited to acceptance of collect calls, third party billing or any service (including calling cards) which may be billed to the telephone number furnished to Tenant. In the event that Tenant defaults under this provision, or under the applicable provisions of the Rules and Regulations, or under any supplementary terms and conditions of any provider of any such service, Landlord shall have the right, in addition to all other rights and remedies, to discontinue the telephone service to the Bedroom. If Tenant desires alternative telephone services, Tenant shall be solely responsible for arranging and paying for such services. (b) Landlord agrees to furnish to each Unit a terminal or, where applicable, wireless access for Tenant’s connection to an Internet service provider and/or Tenant’s University’s network, where available, as chosen by Landlord. If Tenant desires to use alternative Internet or online services, Tenant shall have the right to do so, at Tenant’s sole expense. (c) Tenant may find it necessary to purchase a network interface card and/or other equipment to connect Tenant’s personal computer to the Building’s network. Such equipment and expense are Tenant’s sole responsibility. In the event that Tenant defaults under any of the terms of this Lease (including without limitation the Rules and Regulations), or if Tenant is in violation of the terms and conditions of the Internet service provider and/or the terms and conditions governing the use of University provided services, Landlord shall have the right, in addition to all other rights and remedies, to discontinue Tenant’s connections to such Internet service and/or University provided services. 8. Condition of Premises (a) On the Commencement Date, an inspection of the Premises shall be conducted by Tenant and the Landlord or Agent, and a report on the condition of the Premises, together with an inventory of the Personal Property. Defects, if any, including cleanliness and state of repair of the Premises and the Personal Property, will be noted in the report. At the end of the Term, Tenant shall schedule a move-out inspection of the Premises with the Landlord or Agent, whereupon both parties shall take note of any damage to the Premises not specified on the original report and any items missing from the inventory. If Tenant fails to conduct either such inspection, then Landlord’s inspection and determination of any damage to the Premises or loss of or damage to Personal Property shall be final and binding on Tenant. (b) Subject to any defects noted in the initial inspection report, Tenant shall be deemed to have accepted the Premises and Unit (including all Personal Property therein) in an “as-is” condition at the time of move in, without any obligation of Landlord to make repairs or alterations (except as otherwise noted on the initial inspection report). Tenant shall pay Landlord on demand Landlord’s cost to repair any loss of or damage to the Premises during the Term or existing at the termination of the tenancy caused by Tenant or any guest of Tenant. Tenant will occupy the Unit jointly with other tenants and, if the Unit is damaged and Landlord is not reasonably able to ascertain which tenant caused the damage, then Tenant shall pay to Landlord on demand a pro rata share (determined by the total number of tenants in the Unit) of Landlord’s cost to repair any loss of or damage to the Unit during the Term or existing on the Termination Date. (c) Tenant shall keep and maintain the Unit in good, clean and sanitary condition throughout the Term, reasonable wear and tear excepted. Tenant shall make no alterations or additions to the Premises. Tenant shall keep open the sinks, lavatories and commodes in the Unit. Tenant will immediately report to Landlord the need for repair of the Premises or the Unit, including plumbing, heating, air conditioning and other systems. Landlord will provide normal Tenant Initials: Guarantor’s Initials: -6- maintenance and repair of the Unit without additional charge to Tenant, except for repairs made necessary by the misuse of the Unit by Tenant or Tenant’s guests. (d) Tenant shall keep the Premises and the Unit free of trash and shall place all trash in appropriate containers in the Premises or in the outdoor trash receptacles provided by Landlord. Tenant shall not, and shall not allow others to, dispose of or deposit anywhere in the Premises or the Building any hazardous or dangerous substance, and if Tenant encounters any such substance anywhere in or around the Building, Tenant shall promptly notify Landlord. (e) Tenant shall ensure that the Unit is maintained in such a manner as to inhibit the growth of mold, particularly in areas where dampness can occur, such as under sinks, around toilets and drains. If Tenant becomes aware of mold growth anywhere in the Unit or of leaky pipes or other conditions which might contribute to mold growth, Tenant shall promptly notify Landlord. Landlord and Agent shall not be responsible for any injuries or damages to Tenant or any other person relating to mold caused, in whole or in part, by Tenant’s failure to clean and maintain its Unit as herein required, or to promptly notify Landlord of conditions in need of repair or maintenance. (f) All tenants are responsible for maintaining the Common Areas in a clean, tidy, safe and sanitary condition. 9. Repair or Replacement Costs Any repair or replacement costs payable by Tenant to Landlord hereunder shall include Landlord’s actual out-of-pocket expenses plus an additional fifteen (15%) per cent. 10. Termination (a) At the termination of the tenancy, Tenant shall pay in full all Rent or other amounts remaining outstanding, pay for any damages to the Premises, the Unit or the Personal Property caused by Tenant or any guest of Tenant, clean the Premises, remove all trash and other debris from the Premises, lock and fasten all doors and windows, remove all of Tenant’s property from the Premises, surrender the Premises to Landlord in broom-clean condition, and return all keys to the Premises. Tenant shall remain responsible for the Premises until all keys have been returned. (b) Following termination, surrender or abandonment of the Premises, Tenant hereby authorizes Landlord to relocate any of Tenant’s property remaining in the Premises, at Landlord’s option and at Tenant’s sole risk and expense, for which Tenant agrees to be liable. 11. Abandonment BY SIGNING THIS LEASE, TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY. For purposes of this Lease, in the absence of actual knowledge of abandonment, it shall be presumed that Tenant has abandoned the Premises if Tenant is absent from the Premises for a period of time equal to one-half the time for periodic Rental payments. However, this presumption does not apply if the Rent is current or the Tenant has notified Landlord, in writing, of an intended absence. 12. Subletting & Assignment Tenant shall not sublet the Premises, nor assign this Lease without Landlord’s prior written consent. Tenant shall pay Landlord a non-refundable processing fee of $###.## for each application to Landlord for Landlord’s consent to a sublease. If any guest of Tenant occupies all or part of the Unit for more than seven (7) days without Landlord having approved a sublease by Tenant, Tenant shall be deemed to be in Tenant Initials: Guarantor’s Initials: -7- default hereunder and, without limiting any other remedy of Landlord hereunder, Tenant shall pay Landlord on demand damages equal to $###.## per day for such occupancy. 13. Parking Parking is restricted to the designated parking area(s) only. Tenant will be issued a valid parking permit on the commencement date, which shall expire on the termination date. The parking permit must be displayed on the dash at all times when the vehicle is parked in designated parking areas. Vehicles parked in any unauthorized area, or which do not display a valid parking permit will be towed at the vehicle owner’s risk and expense. 14. Landlord Not Liable Tenant shall immediately report to Landlord any fires, accidents, injuries or property damage occurring in the Unit and, if involving Tenant, elsewhere in the Building. Notwithstanding any contrary provision of this Lease or of non-waivable law, neither Landlord nor Agent nor any of their respective affiliates, partners, members, shareholders, officers, directors, agents, representatives or attorneys (collectively, the “Landlord Parties”) shall be liable to Tenant, Guarantor or any other person, and Tenant, for him/herself, any Guarantor and their respective heirs, administrators, successors and assigns (collectively, the “Tenant Parties”) hereby releases the Landlord Parties from, and covenants not to sue any of the Landlord Parties with respect to all claims, causes of action, losses, damages, costs and expenses (including, without limitation, legal fees and expenses) relating to: (i) any fire, accident, injury, death or property damage or theft occurring in or with respect to the Unit or the Building; (ii) any loss or delayed delivery or damage to Tenant’s mail; (iii) any crime or tortious act occurring or committed in the Unit or the Building; (iv) any personal conflict between Tenant and any other person occurring in the Building; (v) any failure of performance or service to be provided to Tenant hereunder; (vi) any interruption or failure of heat, electrical, water, sewer, telephone, cable TV, Internet service, E911 service or any other utility service, or the malfunction of machinery or appliances serving the Premises; and (vii) any defect in the heating, gas electrical, water, sewer or other systems serving the Premises; except and solely to the extent that any of the foregoing directly results from the gross negligence or willful misconduct of Landlord or Agent. 15. Damage or Destruction (a) If, during the Term hereof, the Premises are damaged or destroyed by fire or other casualty, then, at Landlord’s Option: (i) the Premises shall be promptly restored and repaired by the Landlord and, if the Unit is damaged or destroyed, any Rent for the period that the Premises are untenantable by Tenant shall abate, unless and to the extent Landlord provides Tenant with comparable alternative living space, in which event Rent will not be abated, or (ii) Landlord may terminate this Lease by notifying Tenant of such termination, in which event the Rent shall cease to accrue as of the date of such damage or destruction, or (iii) Landlord may relocate Tenant to another unit within the Building or a comparable facility. Notwithstanding the foregoing, Tenant shall not be excused from paying Rent if the damage or destruction to the Premises is caused by Tenant or any guest of Tenant. Tenant Initials: Guarantor’s Initials: -8- (b) If the Premises are condemned, this Lease shall terminate on the date that possession is tendered by Landlord to the condemning authority. All condemnation damages shall be the property of Landlord. 16. Insurance Tenant acknowledges and agrees that Landlord’s insurance does not cover Tenant’s personal property. All of Tenant’s personal property kept in the Premises, or in any storage area or elsewhere in the Building, shall be at Tenant’s sole risk, and Landlord shall not be liable for any damage to or loss or theft of any such property. Tenant is encouraged to place renters’ insurance on the contents of the Premises, to cover any loss or damage to Tenant’s personal property. 17. Relocation Landlord reserves the right, upon ten (10) days written notice: (a) to require Tenant to relocate to another bedroom within the Unit, or (b) to relocate Tenant to another unit in the Building. If Tenant requests to be relocated, Tenant shall pay Landlord a Relocation Fee in the sum of $###.##. In no event shall Landlord be obligated to relocate Tenant at Tenant’s request, or be responsible or liable for problems or disagreements arising out of any differences in personality, style of living or otherwise among Tenant and other tenants of the Unit. 18. Landlord’s Right of Entry Landlord and Agent shall have the right to enter the Premises, upon reasonable notice to Tenant and during reasonable hours, to (a) show the Premises to prospective tenants, lenders or purchasers, (b) conduct repairs and/or maintenance work, or (c) inspect the condition of the Premises. Landlord shall have the right to enter the Premises at any time without notice in the event of an emergency or if Landlord has reason to suspect that Tenant is in breach of the Lease. 19. Security Tenant acknowledges that neither Landlord nor Agent have made any representations to Tenant concerning the safety of the Building or the Premises, or the effectiveness or operability of any security devices or security measures in the Building or the Premises. Tenant acknowledges that Landlord and Agent neither warrant nor guarantee the safety or security of Tenant, Tenant’s guests or invitees against any criminal, tortious or wrongful acts of any person. Tenant, for itself and all Tenant Parties, hereby releases all, and covenants not to sue any Landlord Parties, and waives any and all liability of, any claims, suits, actions and causes of action against any of the Landlord Parties, with respect to any and all personal injury, death or property damage suffered by the Tenant or any Tenant Party as a result of any criminal, tortious or wrongful act by any person, including without limitation, another tenant of the Building, but excluding gross negligence and willful misconduct by Landlord or Landlord’s Agent. 20. Default by Tenant (a) In the event that: (i) Tenant fails to perform any of its agreements or obligations hereunder when such performance is due, and continues such failure for more than (A) five (5) days after a default notice from Landlord, if Tenant has failed to pay Rent, or (B) ten (10) days after a default notice from Landlord, if Tenant has failed to perform or observe any of its other agreements or obligations hereunder, or Tenant Initials: Guarantor’s Initials: -9- (ii) Tenant commits a crime or violates any applicable law, ordinance or code, or (iii) Tenant fails to take possession of the Premises at the beginning of the Term, or (iv) Tenant abandons the Unit, or (v) any information provided by Tenant (including, without limitation, information in Tenant’s lease application) is false or materially incorrect, then an “Event of Default” shall be deemed to have occurred. (b) If Landlord issues a notice of default to Tenant, then, regardless of whether Tenant cures such default, Tenant shall pay Landlord a default notice processing fee of $###.## for the first default notice and $###.## for each subsequent default notice. (c) Upon the occurrence of an Event of Default, Landlord shall have the right, in addition to all of its other rights and remedies hereunder and under applicable law: (i) to accelerate all Rent for the balance of the Term, which accelerated Rent shall be payable by Tenant on Landlord’s demand, and/or, at Landlord’s option (ii) to terminate Tenant’s right to possess the Premises, without terminating the Lease or relieving Tenant from any of its obligations hereunder (including its obligation to pay all Rent for the entire Term), in which case Landlord shall credit to Tenant any net proceeds of any reletting of the Premises by Landlord (“net” meaning net of attorneys’ fees and all costs and expenses incurred by Landlord in recovering possession and reletting the Premises, and/or, at Landlord’s option (iii) to terminate this Lease, in which case Tenant shall pay Landlord all damages recoverable under applicable law, and/or at Landlord’s option (iv) to apply Rent payments to damages, losses, costs and expenses incurred by Landlord. Landlord’s exercise of any of the foregoing remedies shall not preclude Landlord’s subsequent exercise of any other right or remedy specified herein or allowable under applicable law. (d) If Tenant fails to vacate the Premises upon the expiration or sooner termination of the Term, then, without limitation to any other remedy of Landlord, Tenant shall pay Landlord holdover rent equal to twice the total Rent payable hereunder, computed on a per diem basis, for each day of such holdover. (e) Tenant shall indemnify, protect and hold harmless Landlord and each of the Landlord Parties from and against any and all claims, suits, actions, proceedings, damages, fines, penalties, losses, costs and expenses (including without limitation attorneys’ fees) suffered or incurred by any Landlord Party as a result of or in any way relating to any default by Tenant hereunder, any failure to perform any agreement or obligation of Tenant hereunder, or the breach or untruthfulness of any representation, warranty or factual statement by Tenant in this Lease or in Tenant’s lease application or related materials. 21. Breach by Landlord Tenant shall, within five (5) days after occurrence, notify Landlord of any alleged violation by Landlord of any of its obligations to Tenant under this Lease. The failure of Tenant to make such notification within such time shall constitute a complete waiver by Tenant of such violation by Landlord. Tenant Initials: Guarantor’s Initials: - 10 - 22. Subordination This Lease and Tenant’s rights hereunder are subject and subordinate to all present and future financings secured by property of which the Premises are a part. Tenant shall, within five (5) days after Landlord’s request, sign any certificate that Landlord requests to confirm that this Lease is so subject and subordinate. Tenant authorizes Landlord to sign such certificate on behalf of Tenant. 23. Attorney’s Fees Tenant agrees to pay attorney’s fees and all costs if it becomes necessary for Landlord to retain an attorney, file suit or employ a collection agency to collect any rent or other payment to be paid hereunder or to enforce performance of any provision of this Lease, and in the event any suit is pled or any court proceedings are initiated to enforce any provision of this Lease, it shall be brought in the appropriate court of [County], Florida, and Tenant expressly waives the service of any notice of intention to re-enter, notice to terminate the tenancy, notice to suit or demand possession. 24. Miscellaneous Provisions (a) If any Article, Section, paragraph or provision of this Agreement is determined to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of any other provision of this Agreement. (b) If this Lease is signed by more than one person as Tenant, the liability of all such persons to the Landlord hereunder shall be joint and several, and references in this Lease to the Tenant shall be deemed to include all persons who sign this Lease as Tenant. (c) This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof, and supercedes all other communications, negotiations, representations and agreements between the parties. This Lease may be amended only by an instrument in writing signed by all of the parties. (d) In the event of a transfer of Landlord’s interest in the Premises, Tenant shall attorn to and recognize the transferee as Landlord under this Lease for the balance of the Term, and thereafter, this Lease shall continue as a direct lease between Tenant and such transferee, except that the transferee shall not be (i) liable for any act or omission of Landlord prior to the transfer; (ii) subject to any offset, defense or counterclaim against Landlord accruing prior to the transfer; (iii) bound by any previous prepayment of more than one (1) month’s Rent; or (iv) required to pay to Tenant or account for any Security Deposit or funds of the Tenant other than any Security Deposit or
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