RESIDENTIAL LEASE
The Lessor hereby leases to the Lessee those certain Premises
described above
on the following terms and conditions: Term of Lease The term of this lease shall be month to month beginning 12:01
A.M. on the "Commencement
Date" described above. The lease shall automatically renew itself each
month
unless either party to this Lease gives written notice to the other
party that the
Lease is not to be renewed. Such written notice must be delivered at
least 15 days
prior to the end of the then current month otherwise the Lease shall
automatically
renew as if no such notice had been given.. Rent and Security Lessee agrees to pay, and Lessor agrees to accept as the
monthly rent for the
use and occupancy of the Premises the "Monthly Rent" described above.
This Monthly Rent shall be payable in advance on the 1st day of each
month at the
Lessor's address specified above or at such other address as Lessor may
from time
to time designate by written notice served upon Lessee. In the event that the Commencement Date of this Lease is a
date other than the
beginning of a calendar month, the rent due for that initial month
shall be pro
rated based on the percentage of that month remaining following the
Commencement
Date. Security Deposit Simultaneously (or prior) to signing this Lease Agreement, the
Lessee shall pay
to the Lessor the "Security Deposit" described above. The Security Deposit shall act as security for Lessees'
faithful performance
of the Lessees' obligations under this lease Agreements. It the Lessees
fails to
pay rent or other charges due under this lease Agreement, or otherwise
defaults
with respect to any provision of this Lease Agreement the Lessor may
use, apply
or retain all or any part of the deposit to cure the default or to
compensate the
Lessor for all damage sustained by it resulting from Lessees' default.
If any part
of the deposit is so used or applied, Lessees shall, upon demand,
deposit cash with
the Lessor in an amount sufficient to restore the Security Deposit to
its original
amount. Lessee's failure to do so shall be a material breach of this
Lease Agreement.
The Lessor shall not be required to segregate the Security Deposit from
its other
funds and no interest shall accrue or be payable with respect to it. The Security Deposit is to be returned to the Lessees upon the
proper termination
of this Lease Agreement in accordance with the terms herein, unless it
has first
been applied towards arrearages in the payment of rent that is due or
towards the
payment of damages suffered by the Lessor by reason of any breach of
the terms and
conditions of this Lease Agreement. Late Charge In the event that the Lessee fails to pay the Monthly Rent for
any particular
month within 15 days of the date that such Monthly Rent is due, the
Lessee shall
owe to the Lessor an additional "late charge" equal to 5% of the
Monthly
Rent owing for that month. Repairs Lessor shall, at Lessor's own cost and expense, put the
premises in a condition
fit for occupation by human beings prior to the Commencement Date. The
Lessee shall
be responsible for all subsequent repairs. Condition and Maintenance of Premises Lessee acknowledges that the premises have been examined as
well as all the equipment
and personal property subject to this lease and the premises, equipment
and personal
property are in good, safe, and clean condition and repair. Lessee
further agrees
to: (a) Keep the premises in good order and condition and on
expiration or sooner
termination of this lease to surrender them to Lessor in as good
condition as they
are on the date of this lease, reasonable wear and tear or damage by
the elements
excepted; (b) Immediately notify Lessor of any defects, dilapidations,
or dangerous conditions;
and (c) Promptly reimburse Lessor for the cost of any repairs to
the premises, or
the equipment or personal property subject to this lease, caused by
Lessee's negligence
or misuse or the negligence or misuse of any of Lessee's invitees,
licensees, or
guests. Use The demised premises shall be used only as a single-family
residence, and Lessee
shall not permit the demised premises or any part thereof to be used
for (1) the
conduct of any offensive, noisy, or dangerous activity that would
increase the premiums
for fire insurance on the demised premises; (2) the creation or
maintenance of a
public nuisance; (3) anything which is against the laws or rules and
regulations
of any public authority at any time applicable to the demised premises;
or (4) any
purpose or in any manner which will obstruct, interfere with, or
infringe on the
rights of other tenants of the Lessor. Utilities Lessee shall pay all charges incurred for the furnishing of
public utilities
to the premises, including any deposits required for the utilities. Alterations and Improvements Lessee shall make no alterations or improvements to the
premises nor do any painting
or redecorating of the premises without the prior express written
consent of Lessor.
Should Lessee make any alterations or improvements to the premises or
do any painting
or redecorating of the premises without the prior express written
consent of Lessor,
or should Lessee damage or depreciate the premises, then the full cost
of restoring
the premises to their prior condition shall be borne by Lessee and
promptly paid,
on written demand, to Lessor. Any and all alterations and improvements
made to the
premises by Lessee with the consent of Lessor, including any
wall-to-wall carpeting
and draperies installed by Lessee, shall be considered to be a part of
the Premises
and thus shall become the property of Lessor and remain on the premises
on the expiration
or sooner termination of this lease, unless otherwise agreed upon by
the parties. The interest of the Lessor in the Premises shall not be
subject to liens that
arise from improvements made by the Lessee regardless of whether or not
the Lessor
had previously consented to such improvements. Hold-Harmless Clause Lessee agrees to indemnify and hold Lessor and the property of
Lessor, including
the premises and the Building free and harmless from all liability,
claims, loss,
damages, or expenses, including any attorneys' fees and/or costs,
arising by reason
of the death or injury of any person, including Lessee or any person
who is an employee
or agent of Lessee, or by reason of damage to or destruction of any
property, including
property owned by Lessee or any person who is an employee or agent of
Lessee, caused
or allegedly caused by some condition of the Premises or the Building,
the fault
of Lessee, or some act or omission, whether or not negligent or
intentional, of
Lessee or any person in, on, or about the premises as a guest, licensee
or invitee
of Lessee. Assignment and Subletting Lessee shall not assign this lease or sublet all or any
portion of the premises
without the prior written consent of Lessor. Any assignment or
subletting without
the prior written consent of Lessor shall be void and shall, at the
option of Lessor,
terminate this lease. Lessor's consent to any such assignment of this
lease or subletting
of the premises by Lessee shall not be unreasonably withheld, but the
consent of
Lessor to any one such assignment or subletting shall not be deemed a
consent by
Lessor to any subsequent assignment or subletting. Destruction of Premises Should any part of the premises or the Building in which the
premises are located
be destroyed by fire, casualty, or other cause not the fault of Lessee,
Lessor shall
promptly repair and restore the premises or the Building to its former
condition
at Lessor's sole cost and expense. During the making of the repairs and
the restoration
work, the rent payable under this lease shall be abated for the time
and to the
extent that Lessee is prevented from fully occupying and enjoying the
premises under
this lease in Lessee's usual and normal manner. However, in lieu of
making such
repairs and performing such restoration work, Lessor may terminate this
lease where
either (a) the necessary repair or restoration work cannot reasonably
be completed
under applicable laws and regulations within 30 working days after it
is commenced,
or (b) the loss is not covered by Lessor's then existing fire and
extended coverage
insurance policies, provided that such insurance coverage is of an
adequate and
reasonable nature. Default by Lessee Should Lessee be in default for a period of more than 15 days
in the payment
of any rent payable under this lease or in the performance of any other
provision
of this lease, Lessor may terminate this lease and regain possession of
the demised
premises in the manner provided by the laws of unlawful detainer of
this state in
effect at the date of such default. The Lessor may also pursue any
other remedy
authorized by Florida law. Lessor's Election to Continue During Breach At Lessor's option, if Lessee has breached this lease and
abandoned the property,
this lease shall continue in effect for so long as Lessor does not
terminate Lessee's
right to possession, and Lessor may enforce all of the available rights
and remedies
under this lease, including the right to recover the rent as it becomes
due. Acts Constituting Breach by Lessee Lessee shall be guilty of a material breach of this lease
should Lessee: (a) Fail to pay any rent or other sum becoming payable under
this lease on the
date it becomes due; (b) Default in the performance of or breach any provision,
term, covenant, or
condition of this lease; Notices Except as otherwise expressly provided by law, all notices or
other communications
required or permitted by this lease or by law to be served on or given
to either
party by the other party shall be in writing and shall be deemed duly
served and
given when personally delivered to the party, Lessor or Lessee, to whom
it is directed
or, in lieu of such personal service, when deposited in the United
States mail,
first-class postage prepaid, addressed to Lessee at the address of the
premises
or to Lessor at the address described above. Either party, Lessor or
Lessee, may
change its address for purposes of this paragraph by giving written
notice of the
change to the other party in the manner provided in this paragraph. Attorneys' Fees Should any litigation be commenced between the parties to this
lease concerning
the premises, this lease, or the rights and duties of either in
relation thereto,
the party, Lessor or Lessee, prevailing in such litigation shall be
entitled to,
in addition to such other relief as may be granted, a reasonable sum
for attorneys'
fees to be determined by the court in such litigation or in a separate
action brought
for that purpose. Binding on Heirs and Successors This lease shall be binding on and shall inure to the benefit
of the heirs, executors,
administrators, and successors of the parties, Lessor and Lessee, but
nothing in
this paragraph shall be construed as a consent by Lessor to any
assignment of this
lease by Lessee. Time of the Essence Time is expressly declared to be of the essence for all
purposes of this lease. Waiver The waiver of any breach of any of the provisions of this
lease by Lessor or
Lessee shall not constitute a continuing waiver or a waiver of any
subsequent breach
by Lessor or Lessee either of the same or of another provision of this
lease. Sole and Only Agreement Except for the Sales Contract, this instrument constitutes the
sole and only
agreement between Lessor and Lessee respecting the premises or the
leasing of the
premises and any equipment or personal property subject to this lease
to Lessee
by Lessor. It correctly sets forth the obligations of Lessor and Lessee
to each
other as of its date, and any agreements or representations respecting
the premises,
the equipment or personal property subject to this lease, or their
leasing by Lessor
to Lessee not expressly set forth herein are void. |