Rental Agreement

The Villages / Florida / Rental Agreement RENTAL AGREEMENT This Agreement is entered into by and between Oliver and Olivia Owner; hereinafter referred...
Author: Sybil Paul
16 downloads 0 Views 420KB Size
The Villages / Florida / Rental Agreement RENTAL AGREEMENT This Agreement is entered into by and between Oliver and Olivia Owner; hereinafter referred to as Landlord; and Victor and Violet Visitor; hereinafter referred to as Tenant. For and in consideration of the payment of the rents and performance of the covenants contained on the part of Tenant, said Landlord does hereby demise and let unto Tenant and Tenant hires from Landlord those premises described as 123 Easy Street, The Villages, Florida 32162 for a tenancy commencing on December 1st 20XX (no earlier than 4:00 PM) and terminating on December 31st 20XX (no later than 10:00 AM). The total rental cost is US $2,990.00 (US Two Thousand Nine Hundred Ninety Dollars and No Cents) which covers the rental period specified. In addition Tenant is required to pay a security deposit in the amount of US $750.00 (US Seven Hundred Fifty Dollars and No Cents), and a non-refundable pet deposit in the amount of US $150.00 (US One Hundred Fifty Dollars and No Cents) as 1 (One) small dog is included in this agreement. The Landlord stipulates that all Florida sales, use and tourism taxes are included in the rental rate quoted above. A signed copy of this Agreement plus the payment of Landlord’s reservation deposit which is 25% of the total rent of US $747.50 (US Seven Hundred Forty Seven Dollars and Fifty Cents) is due to Landlord by March 14th, 20XX to secure rental reservation confirmation for the period specified. This reservation deposit is deducted from the total rent due. The Agreement and reservation deposit shall be made payable to and delivered to: Mailing Address Oliver Owner 123 Easy Street The Villages, FL 32162

E-Mail Address [email protected] Phone/Fax Number 352-123-4567

Wire Transfer Information Account Number: 1234 5678 9012 Wire Routing Number: 123 456 789 Swift Code: BOFAUS3N

Tenant’s final payment of US $3,142.50 (US Three Thousand One Hundred Forty Two Dollars and Fifty Cents) which includes the remaining rent payment due of US $2,242.50 (Two Thousand Two Hundred Forty Two Dollars and Fifty Cents), a US $750.00 (US Seven Hundred Fifty Dollars and No Cents) security deposit, and a non-refundable US $150.00 (US One Hundred Fifty Dollars and No Cents) pet deposit is due Landlord by October 1st, 20XX and shall be made payable to and delivered to: Mailing Address Oliver Owner 123 Easy Street The Villages, FL 32162

E-Mail Address [email protected] Phone/Fax Number 352-123-4567

Wire Transfer Information Account Number: 1234 5678 9012 Wire Routing Number: 123 456 789 Swift Code: BOFAUS3N

AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral covenants or representations relating thereto and shall be binding on either party hereto. The Landlord has made no representation or warranty to Tenant except as herein expressly set forth.

Page 1 ( Copyright © 2009: WebSitesAtTheVillages.net. Updated August 10, 2014 all rights reserved.)

The Villages / Florida / Rental Agreement ALTERATIONS, REPAIRS, AND SUPPLIES: Tenant shall be responsible for damages caused by his negligence and that of his family or invitees and guests. Tenant shall not redecorate or make alterations to the premises without the prior written consent of Landlord. Tenant will be responsible for the replacement of normal household consumables like batteries, light bulbs, computer printer ink/toner cartridges/paper, soap, shampoo, paper towels, toilet paper, etc. AMENDMENT OF AGREEMENT: Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by both parties. ASSIGNMENT, SUB-LET, AND LICENSE: The Tenant shall not assign, sub-let or license any part of the home. An assignment, sub-letting or license without the prior written consent of the Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at the Landlord’s option, terminate this Agreement. BINDING EFFECT: Except as otherwise provided in this Agreement; all of the covenants, conditions, and provisions of this Agreement shall apply to and bind the parties and their heirs, personal representatives, successors, and assigns for the parties. CANCELLATION: 

Rent Refunds: If Tenant cancels the rental reservation deposit and remaining rent payment (if paid) as specified in this agreement are non-refundable unless Landlord is able to re-rent the property for the same time period and amounts specified in the rental agreement. If Tenant cancels Landlord agrees to immediately and aggressively make all reasonable efforts to re-rent the property. If Landlord cancels all rental payments made by Tenant will be returned to Tenant with the notice of cancellation by Landlord.



Temporary Resident ID Fee: If tenant cancels the US $50.00 (US Fifty Dollars and No Cents) Temporary Resident ID fee paid to The Villages by Landlord for Tenant will not be refunded by The Villages and will not be refunded to Tenant by Landlord.



Security Deposit: If Tenant cancels the security deposit (if paid) will be refunded to Tenant by Landlord within ten (10) days of Tenant cancellation. If Landlord cancels the security deposit (if paid) will be returned to Tenant with the notice of cancellation by Landlord.



Pet Deposit: If Tenant cancels any pet deposit(s) paid will be refunded to Tenant by Landlord within ten (10) days of Tenant cancellation. If Landlord cancels any pet deposit(s) paid will be returned to Tenant with the notice of cancellation by Landlord.

Page 2 ( Copyright © 2009: WebSitesAtTheVillages.net. Updated August 10, 2014 all rights reserved.)

The Villages / Florida / Rental Agreement DEFAULT: If Tenant fails to fulfill or perform any obligation under this Agreement, Tenant shall be in default of this agreement. Tenant shall receive 10 days’ notice from Landlord to cure the default. In the event Tenant does not cure a default, Landlord may at Landlord’s option cure such default and the cost will be added to Tenant’s financial obligations under this agreement or Landlord may declare Tenant in default of the Agreement. Landlord may re-enter the premises and re-take possession of the premises in the event of default. After default, Tenant may be held liable for the balance of the unpaid rent under this Agreement if Landlord cannot re-let the property during the remaining term of this Agreement. GOVERNING LAW: This Agreement shall be governed and construed in accordance with the laws of the State of Florida. HEADINGS: Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. INSURANCE: Tenant acknowledges that Landlord’s insurance does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall Landlord be held liable for such losses. Tenant is fully liable for any damage to the provided golf cart or caused by the use of said golf cart that is not covered by and paid for by the Allstate insurance policy provided by landlord. Tenant is hereby advised to obtain his own insurance policy to cover any such losses. KEYS, VILLAGES ID, ETC: All keys, garage door openers, gate passes, etc., will be made available upon arrival and must be left on the kitchen counter on the last day of Tenant’s rental period. LEGAL FEES: The prevailing party in an action brought for the recovery of rent or other moneys due or to become due under this agreement or by reason of a breach of any covenant herein contained or for the recovery of the possession of said premises, or to compel the performance of anything agreed to be done herein, or to recover for damages to said property, or to enjoin any act contrary to the provision hereof, shall be awarded all of the costs in connection therewith, including, but not limited to, reasonable attorney’s fees. LIABILITY: Tenant agrees to release Landlord from any personal liability for bodily injury, property damage, or personal injury incurred by Tenant, his family, invitees, or guests on the leased property.

Page 3 ( Copyright © 2009: WebSitesAtTheVillages.net. Updated August 10, 2014 all rights reserved.)

The Villages / Florida / Rental Agreement POOL AND SPA HEATING AND USE: The use of the natural gas spa heater is included as part of this rental agreement. Tenants are expected to turn off the spa light, blower, and bubbler when not in use. Tenants are also expected to cover the spa when not in use. The natural gas pool heater is not available for use by Tenants. The use of the solar pool heating system and solar blanket are included as part of this rental agreement and tenant agrees to use only the solar pool heating system to heat the pool and solar blanket to retain heat in the pool. Tenants are also expected to turn off the pool light when not in use. OCCUPANTS: The Landlord agrees to allow Tenant to have additional guests during their agreement period. Tenant is responsible for any and all damage caused by family, invitees or guests during the rental period. PETS: No pets other than those included in the non-refundable pet deposit shall be brought on the property. Tenant acknowledges that they are exclusively and completely responsible for any and all damage caused to the property by any pet residing in or visiting the property up to and including the total amount of the Tenant’s security deposit. POSSESSION AND SURRENDER OF PROPERTY: At the expiration of the Agreement term, Tenant shall immediately surrender the property to the Landlord in the same condition as at the start of the Agreement, reasonable wear and tear elements excluded. If any Tenant remains in the home after the expiration or termination of this Agreement without the Landlord’s written permission, the Landlord may recover possession of the property in the manner provided by law. QUIET ENJOYMENT: The Tenant shall be entitled to quiet enjoyment of the home for the term of this Agreement provided that the Tenant performs all covenants and obligations under this Agreement. RENTAL PROPERTY: In consideration of the rent payment paid by Tenant and of other covenants and agreements herein contained, the Landlord rents to Tenant the property at 123 Easy Street, The Villages, Florida 32162. Tenant shall use the property only for residential purposes. Tenant shall not use or allow the use of the property in any way that interferes with the owners or Tenants of any neighboring property. Tenant shall not use the property for any illegal or improper use. Additionally the Tenant shall comply with all Zoning Ordinances, Protective Covenants and Deed Restrictions.

Page 4 ( Copyright © 2009: WebSitesAtTheVillages.net. Updated August 10, 2014 all rights reserved.)

The Villages / Florida / Rental Agreement RIGHT OF ENTRY: In addition to the rights provided by the laws applicable to the State of Florida, the Landlord or his agent shall have the right to enter the home at all reasonable times for the purpose of inspecting and/or showing the property, and to make such reasonable repairs and alterations as may be deemed necessary by the Landlord for the preservation of the home and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Agreement. The Landlord shall give reasonable notice of intent to enter home except in an emergency. SECURITY DEPOSIT: The security deposit in the amount of US $750.00 (US Seven Hundred and Fifty Dollars and No cents) shall secure the performance of Tenant’s obligation hereunder. Landlord may, but shall not be obligated to, apply all or portions of said deposit on account of Tenant’s obligations hereunder. SECURITY DEPOSIT REFUND AND CLEANING FEE: Tenant’s security deposit shall be refunded within ten (10) days from the date possession is delivered to Landlord, less the standard US $125.00 (US One Hundred Twenty Five Dollars and No Cents) cleaning fee. If additional time is needed for cleaning over the standard it will be billed separately and a copy of the supplemental cleaning charge will be provided. The Refund will include a statement showing any charges made against such deposit by Landlord. SEVERABILITY: Should any conflicts arise between any party of this Agreement and the applicable legislation of the State of Florida, Florida laws will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with State Laws. Furthermore, any provisions that are required by Florida Law may be subsequently incorporated into this agreement. In the event any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement. SMOKING: Tenant agrees that the house, grounds and golf cart shall be non-smoking environments and smoking is not allowed. TENANT RESPONSIBILITIES: The Tenant shall comply with all obligations imposed upon Tenant by applicable provisions of building, housing, and health codes; maintain the home in good condition during the entire length of this Agreement and shall neither cause nor allow any abuse of the facilities therein. The Tenant shall inform the Landlord of any condition that may cause damage to the home. If the home, or any part of the home, is partially damaged by fire or other casualty not due to the negligence or willful act of the Tenant or an agent of the Tenant, the home will be immediately repaired by the Landlord and there will be an abatement of rent corresponding with the time during which the home was un-inhabitable. Page 5 ( Copyright © 2009: WebSitesAtTheVillages.net. Updated August 10, 2014 all rights reserved.)

The Villages / Florida / Rental Agreement TERMINATION: The premises shall be considered vacated only after all areas including storage areas are clear of all Tenant’s belongings; and house keys, garage door openers, gate passes and other property furnished by the Landlord are returned. Should Tenant hold over beyond the termination date or fail to vacate and remove all possessions on or before the termination time and date, Tenant shall be liable for additional rent and damages which may include damages due to Landlord’s loss of prospective new renters. UTILITIES: Tenant shall not be responsible for the payment of utilities and services including (but not limited to) satellite television service, telephone service, electric, gas, water, sewer, refuse, trash, lawn care, pool care, and spa care. Tenant shall not use in a wasteful manner any utilities furnished by Landlord. Long distance phone calls (not covered by the furnished CenturyLink unlimited US nationwide long distance calling plan provided by the Landlord) must be charged to a credit card or calling card. Tenant shall be responsible for the payment of any additional charges incurred by the Tenant above and beyond the Dish Network plan provided by Landlord. WAIVER: The Landlord’s failure to enforce or insist on compliance with any provisions of this Agreement shall not be deemed either a waiver or a limitation of the Landlord’s right to enforce or insist on compliance with the provision of this agreement. WAIVER OF NEGLIGENCE: Tenant agrees to waive any claim against Landlord based upon a claim of negligence of Landlord or its agents during the term of this Agreement unless grossly negligent. The parties hereby indicate by their signatures below that they have read and agree with the terms and conditions of this Agreement in its entirety. LANDLORDS: Dated: March 1, 20XX Signature:

Oliver Owner

Dated: March 1, 20XX Signature:

Olivia Owner

TENANT(S): Dated: _____________________, ____

Dated: _____________________, ____

Signature: ___________________________ Victor Visitor (Tenant)

Signature: ___________________________ Violet Visitor (Tenant)

Page 6 ( Copyright © 2009: WebSitesAtTheVillages.net. Updated August 10, 2014 all rights reserved.)