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Case Number:21-009006-CO
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Filing # 139339183 E-Filed 11/30/2021 12:11:43 PM
APARTMENT LEASE CONTRACT |
2021_
MATIOMA1 APARTMENT ASSOCIATION
_August
' i i wd ttw wn
Date of Lease Contract: 11,
(when the Lease Contract is filled out] This is a binding document. Read carefully before signing.
Moving In — General Information
1. PARTIES. 3. LEASE TERM AND TERMINATION NOTICE REQUIREMENTS.
This Lease Contract (sometimes referred to as the
"lease") is between you, the resident(s) (list all people signing the 6th
The initial term of the Lease Contract begins on the
day
Lease Contract): of O , 2 021 , and ends at 11:59 p.m.
Mark Myers Jr the 5th day of September ,2022 . This Lease
Contract will automatically renew month-to-month unless either
60
party gives at least days' written notice of termination
or intent to move-out as required by this paragraph and paragraph
47 (Move-Out Notice). If the number of days isn't filled in, at least
30 days' notice is required. In the event you fail to provide us with
the required number of days' written notice of termination and
intent to vacate coinciding with the lease expiration date, as required
by this paragraph and paragraph 47 (Move-Out Notice), you
acknowledge and agree that you shall be liable to us for liquidated
12 0 0.00
damages in the sum of $ (equal to one month's
rent) if we give you the advanced written notice required by Fla.
Boot
and us, the owner: WRH Ranch, LLLP Stat. § 83.575(2). This liquidated damages amount is exclusive to
insufficient notice under this paragraph and paragraph 47 (Move-
Out Notice), and does not limit collection rights with regard to other
amounts potentially owed to us. If the lease term is not a month-
to-month tenancy, we must notify you with written notice no later
than 60 days before the end of the lease term if the lease will
(name of apartment community or title holder). You've agreed to
rent Apartment , at 217 not be renewed.
Katherine Blvd # 2306 Month-to-Month Tenancies:In the event this Lease Contract
renews on a month-to-month basis, you must pay the amount of
(street address) in Palm Harbor rent we charge at the time the month-to-month tenancy commences
34684
(city), Florida, (zip code) (the "dwelling unit" or
pursuant to this paragraph and paragraph 15 (Rent Increases and
Lease Contract Changes), inclusive of any applicable month-to-month
the "premises") for use as a private residence only. The terms "you"
fees and/or premiums. We may change your rent at any time
and "your" refer to all residents listed above. The terms "we," "us,"
and "our" refer to the owner listed above (or any of owner's
thereafter during a month-to-month tenancy by giving you no less
than 30 days' written notice. You will be required to abide by all
successors' in interest or assigns). Written or electronic notice to
notice requirements set forth in the lease and remain liable to pay
or from our managers constitutes notice to or from us. If anyone
else has guaranteed performance of this Lease Contract, a separate
all other applicable charges due under the lease during your month-
Lease Contract Guaranty for each guarantor is attached.
due under this paragraph shall be additional rent. We may require
The Owner or |X| Manager of these apartments is WRH
Realty Services, Inc you to sign an addendum written for month-to-month tenants.
Either party may terminate a month-to-month tenancy by giving
the other party written notice no later than 15 days' prior to the
Katherine
whose address is 212 Blvd., Palm end of the monthly rental period. If you fail to provide us at least
15 days' written notice to terminate a month-to-month tenancy
Harbor, FL 34684
prior to the end of the monthly rental period, you shall be liable to
. Such person or company is authorized to receive
us for an additional 1 month's rent.
notices and demands in the landlord's behalf.
A lease termination notice must be given in writing. Notice to the
4. SECURITY DEPOSIT. Unless modified by addenda, the total
landlord must be delivered to the management office at the
security deposit at the time of execution of this Lease Contract for
apartment community or any other address designated by 2140
all residents in the apartment is $ , due on or before
Katherine
management as follows: 212 Blvd. , Palm the date this Lease Contract is signed.
Harbor, FL 34684
Any security deposit or advance rent you paid is being held in one
. of the following three ways as indicated below [Landlord check one
option]:
Notice to the tenant must be delivered to the Resident's address as
shown above.
n/a_
IS1-In a separate NON-INTEREST bearing account for your benefit
2. OCCUPANTS. The apartment will be occupied only by you and in the following bank: Wells
Fargo Bank, U.A.
,
(list all other occupants not signing the Lease Contract):
E.
whose address is 401 Jackson Street
Tampa, FL 33602
; OR
2.In a separate INTEREST bearing account for your benefit in
the following bank:
,
whose address is
.
If an interest bearing account, you will be entitled to receive and
collect interest in an amount of at least 75 percent of the annualized
average interest rate payable on such account or interest at the rate
of 5 percent per year, simple interest, whichever the landlord elects.
No one else may occupy the apartment. Persons not listed above
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must not stay in the apartment for more than days 3. In a commingled account at the following bank
without our prior written consent. If the previous space isn't filled ,
in, two days per month is the limit. whose address
provided islandlord posts a surety bond with the county
that the
,
or state, as required by law, and pays you interest on your
security deposit or advance rent at the rate of 5 percent per
year simple interest.
© 2021, National Apartment Association, Inc. - 7/2021, Florida Page 1 of 9
Blue Moon Services Document279223902
ID:
***ELECTRONICALLY FILED 11/30/2021 12:11:41 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Initials of Resident. Resident acknowledges
provisions are intended to be liquidated damages since the added
costs of late payments and damages in such instances are difficult
receiving a copy of F.S. 83.49(2)(d) which provides as follows:
to determine. We also both agree that the amount of late rent and
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
animal violation fees charged are reasonable estimates of the
LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD'S
administrative expenses, costs, and damages we would incur in
ACCOUNTASTHEYAREDUEAND WITHOUT NOTICE. WHEN YOU
such instances.
MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING All ofthe foregoing charges will be considered to be additional rent.
YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN
7. UTILITIES.
30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TO We'll pay for the following items, if checked:
IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY water gas electricity master antenna.
TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM wastewater trash â–¡c a b
TVl e
WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, other
THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU You'll pay for all other utilities, related deposits, and any charges,
THE REMAINING DEPOSIT, IF ANY. fees, or services on such utilities. You must not allow utilities to be
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE disconnected— including disconnection for not paying your bills—
LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE until the lease term or renewal period ends. Cable channels that
A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY are provided may be changed during the lease term if the change
OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE applies to all residents. Utilities may be used only for normal
DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A household purposes and must not be wasted. If your electricity is
REFUND. ever interrupted, you must use only battery-operated lighting. If
any utilities are submetered for the apartment, or prorated by an
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
allocation formula, we will attach an addendum to this Lease
BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE Contract in compliance with state agency rules or city ordinance.
FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS
Resident shall not heat the apartment using gas-operated stoves
AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
or ovens which were intended for use in cooking.
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER
Where lawful, all utilities, charges and fees of any kind under this
83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS lease shall be considered additional rent, and if partial payments
AND OBLIGATIONS.
are accepted by the Landlord, they will be allocated first to non-rent
5. KEYS. 2
You will be provided apartment key(s),2 charges and to rent last. Failure to maintain utilities as required
herein is a material violation of the Lease and may result in
mailbox key(s), and/or other access
termination of tenancy, eviction and/or any other remedies under
device(s) for access to the building and amenities at no additional
the Lease and Florida law.
cost at move-in. If the key, FOB, or other access device is lost or
becomes damaged during your tenancy or is not returned or is
8. INSURANCE. We do not maintain insurance to cover your personal
returned damaged when you move out, you will be responsible for
the costs for the replacement and/or repair of the same.property or personal injury. We are not responsible to any resident,
guest, or occupant for damage or loss of personal property or
6. RENT AND CHARGES. personal injury from (including but notlimited to) fire, smoke, rain,
Unless modified by addenda, you will pay
$ 1200.00 flood, water and
per month for rent, payable in advance and without pipe leaks, hail, ice, snow, lightning, wind,
demand: explosions, earthquake, interruption of utilities, theft, hurricane,
negligence of other residents, occupants, or invited/uninvited
at the on-site manager's office, or guests or vandalism unless otherwise required by law.
|X| at our online payment site, or
at In addition, we urge all Tenants, and particularly those residing in
coastal areas, areas near rivers, and areas prone to flooding, to
obtain flood insurance. Renter's insurance may not cover damage
to your property due to flooding. A flood insurance resource which
may be available includes the National Flood Insurance Program
1000
Prorated rent of $ ♦00 is due for the remainder of [check
managed by the Federal Emergency Management Agency (FEMA).
one]: IS 1st month or
2nd month, on , We require do not require you to get your own insurance
. for losses to your personal property or injuries due to theft, fire,
water damage, pipe leaks and the like. If no box is checked, renter's
Otherwise, you must pay your rent on or before the 1st day of each
insurance is not required.
month (due date) with no grace period. Cash is unacceptable without
our prior written permission. You must not withhold or offset rent
Additionally, you are [check one] IS required to purchase personal
unless authorized by statute. We may, at our option, require at any not required to purchase personal liability
liability insurance
time that you pay all rent and other sums in cash, certified or
insurance. If no box is checked, personal liability insurance is not
cashier's check, money order, or one monthly check rather than
required. If required, failure to maintain personal liability insurance
multiple checks. At our discretion, we may convert any and all
throughout your tenancy, including any renewal periods and/or
checks via the Automated Clearing House (ACH) system for the
lease extensions is an incurable breach of this Lease Contract and
purposes of collecting payment. Rent is not considered accepted,
may result in the termination of tenancy and eviction and/or any
if the payment/ACH is rejected, does not clear, or is stopped for any
other remedies as provided by this Lease Contract or state law.
reason. We may, but are not required to, accept rent through direct
debit, ACH or other electronic means established and approved by
9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the
4 th
us. If you don't pay all rent on or before the
day of the prior resident moves out. The rekeying will be done before you
month, you'll pay a late charge. Your late charge will be (check one)
move into your apartment.
12 0.00
a flat rate of 5 orS 1Q % of yourtotal
You may at any time ask us to change or rekey locks or latches
4 0.0 0
monthly rent payment. You'll also pay a charge of $
during the Lease Term. We must comply with those requests, but
for each returned check or rejected electronic payment, plus a late
you must pay for them, unless otherwise provided by law.
charge. If you don't pay rent on time, or fail to pay any rent, utilities
Payment for Rekeying, Repairs, Etc.
or contractual fees due under a prior lease if this is a renewal lease, You must pay for all repairs
or replacements arising from misuse or damage to devices by you
you'll be delinquent and all remedies under this Lease Contract will
or your family, occupants, or guests during your occupancy. You
be authorized. We'll also have all other remedies for such violation.
may be required to pay in advance if we notify you within a
All payment obligations under this Lease Contract shall constitute
rent under this Lease Contract. reasonable time after your request that you are more than 30 days
delinquent in reimbursing us for repairing or replacing a device
We and you agree that the failure to pay rent timely or the violation
which was misused or damaged by you, your guest or an occupant;
of the animal restrictions results in added administrative expenses
or if you have requested that we repair or change or rekey the same
and added costs to us, the same as if we had to borrow money to
device during the 30 days preceding your request and we have
pay the operating costs of the property necessary to cover such
complied with your request. Otherwise, you must pay immediately
added costs. We both agree that the late fee and animal violations
after the work is completed.
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Special Provisions and "What If" Clauses
10. SPECIAL PROVISIONS. 14. FAILING TO PAY RENT.
The following special provisions and any If you don't pay the first month's rent
when or before the Lease Contract begins, or any other rent due
addenda or written rules furnished to you at or before signing will
become a part of this Lease Contract and will supersede any
under this lease we may end your right of occupancy and recover
conflicting provisions of this printed Lease Contract form.
damages, attorney's fees, court costs, and other lawful charges.
15. RENT INCREASES AND LEASE CONTRACT CHANGES.
No rent increases or Lease Contract changes are allowed before the
initial Lease Contract term ends, except for changes allowed by any
special provisions in paragraph 10 (Special Provisions), by a written
See any additional special provisions. addendum or amendment signed by you and us, or by reasonable
changes of apartment rules allowed under paragraph 19 (Community
11. EARLY MOVE-OUT. Unless modified by an addendum, if you:Policies or Rules). If, at least 5 days before the advance notice deadline
(1) referred to in paragraph 3 (Lease Term and Termination Notice
move out without paying rent in full for the entire Lease Contract
term or renewal period; or Requirements), we give you written notice of rent increases or lease
(2) move out at our demand because of your default; or changes effective when the lease term or renewal period ends, this
(3)are judicially evicted. Lease Contract will automatically continue month-to-month with
the increased rent or lease changes. The new modified Lease Contract
You will be liable for all rent owed at the time and as it becomes due
will begin on the date stated in the notice (without necessity of your
under the terms of your lease agreement until the apartment is re-
signature) unless you give us written move-out notice under
rented.
paragraph 47 (Move-Out Notice).
12. REIMBURSEMENT. You must promptly reimburse us for loss,
16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for
damage, government fines, or cost of repairs or service in the
construction, repairs, cleaning, or a previous resident's holding
apartment or apartment community due to a violation of the Lease
over, we're not responsible for the delay. The Lease Contract will
Contract or rules, improper use, or negligence by you or your guests
remain in force subject to: (1) abatement of rent on a daily basis
or occupants or any other cause not due to our negligence or fault
during delay; and (2) your right to terminate as set forth below.
as allowed by law, except for damages by acts of God to the extent
Termination notice must be in writing. After termination, you are
they couldn't be mitigated by your action or inaction. You'll defend,
entitled only to refund of deposit(s) and any rent paid. Rent abatement
indemnify and hold us harmless from all liability arising from your
or Lease Contract termination does not apply if delay is for cleaning
conduct or that of your invitees, your occupants, your guests, or our
or repairs that don't prevent you from occupying the apartment.
representatives who at your request perform services not
If there is a delay and we haven't given notice of delay as set forth
contemplated in this Lease. Unless the damage or wastewater
immediately below, you may terminate up to the date when the
stoppage is due to our negligence, we're not liable for—and you
apartment is ready for occupancy, but not later.
must pay for—repairs, replacement costs, and damage to the
following that result from your or your invitees, guests, or
(1)If we give written notice to any of you when or after the initial
occupants’ negligence or intentional acts: (1) damage to doors,
term as set forth in Paragraph 3 (Lease Term and Termination
windows, or screens; (2) damage from windows or doors left Notice Requirements)—and the notice states that occupancy
open; and (3) damage from wastewater stoppages caused by has been delayed because of construction or a previous resident's
improper objects in lines exclusively serving your apartment.
holding over, and that the apartment will be ready on a specific
We may require payment at any time, including advance payment
date—you may terminate the Lease Contract within 3 days of
of repairs for which you're liable. Delay in demanding sums you owe
your receiving the notice, but not later.
is not a waiver.
(2) If we give written notice to any of you before the initial term
13. CONTRACTUAL LIEN AND PROPERTY LEFT IN APARTMENT. as set forth in Paragraph 3 (Lease Term and Termination Notice
Requirements) and the notice states that construction delay is
All property in the apartment or common areas associated with
expected and that the apartment will be ready for you to occupy
the apartment is (unless exempt under state statute) subject
on a specific date, you may terminate the Lease Contract within
to a contractual lien to secure payment of delinquent rent. The
lien will attach to your property or your property will be subject
7 days after any of you receives written notice, but not later.
to the lien at the time you surrender possession or abandon the
The readiness date is considered the new initial term as set
premises. For this purpose, "apartment" includes common areas
forth in Paragraph 3 (Lease Term and Termination Notice
Requirements) for all purposes. This new date may not be moved
associated with the apartment and interior living areas and exterior
to an earlier date unless we and you agree.
patios, balconies, attached garages, and storerooms for your exclusive
use.
17. AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL RENT.
Removal After Surrender or Abandonment.
We or law officers Unless otherwise prohibited by law, if, during the term of this Lease,
may, at our discretion, remove, dispose and/or store all property
any locality, city, state, or Federal Government imposes upon Us,
remaining in the apartment or in common areas (including any
any fee, charge, or tax, which is related to or charged by the number
vehicles you or any occupant or guest owns or uses) if you surrender,
of occupants, or by the dwelling unit itself, such that we are charged
are judicially evicted, or abandon the apartment (see definitions in
a fee, charge, or tax, based upon your use or occupancy of the dwelling
paragraph 52 (Surrender and Abandonment)). unit, we may add this charge as Additional Rent, during the term of
THE LANDLORD IS NOT REQUIRED TO COMPLY WITH s. 715.104. the Lease Contract, with thirty (30) days advance written notice to
BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES you. After this written notice (the amount or approximate amount
THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF of the charge, will be included), you agree to pay, as Additional Rent,
POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF the amount of the charge, tax or fee imposed upon us, as a result of
THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, your occupancy. As examples, these charges can include, but are
FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE not limited to: any charges we receive for any zoning violation,
OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE sound, noise or litter charge; any charge under any nuisance or
TENANT'S PERSONAL PROPERTY. chronic nuisance type statute, 911 or other life safety, per person,
or per unit charge or tax and any utility bill unpaid by you, which
Storage.We may store, but have no duty to store, property removed
is then assessed to us for payment.
after surrender, eviction, or abandonment of the apartment. We're
not liable for casualty loss, damage, or theft except for property
18. DISCLOSURE RIGHTS.If someone requests information on you
removed under a contractual lien. You must pay reasonable charges
or your rental history for law-enforcement, governmental, or
for our packing, removing, storing, and selling any property.
business purposes, we may provide it. At our request, any utility
provider may give us information about pending or actual connections
or disconnections of utility service to your apartment.
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While You're Living in the Apartment
19. COMMUNITY POLICIES OR RULES. You and all guests and sexuality, ethnicity, or other intrinsic characteristic; or is unrelated
to the goods or services offered by or available at this Apartment
occupants must comply with any written apartment rules and
community policies, including instructions for care of our property.
Community; or is clearly false or misleading. You agree not to use
our corporate names, slogans, images, photos, logos, internet domain
Our rules are considered part of this Lease Contract. We may make
names, trademarks, copyrights or trade names. Any violation of
reasonable changes to written rules, effective immediately, if they
are distributed and applicable to all units in the apartment
this paragraph shall be a material breach of this Lease and will
community and do not change dollar amounts on page 1 of this
entitle us to exercise all rights and remedies under the lease and
Lease Contract. law.
20. LIMITATIONS ON CONDUCT. 22. PARKING.
The apartment and other areas We may regulate the time, manner, and place of parking
cars, trucks, motorcycles, bicycles, boats, trailers, recreational
reserved for your private use must be kept clean and free of trash,
garbage, and other debris. Trash must be disposed of at least weekly
vehicles, and storage devices by anyone. We may have unauthorized
or illegally parked vehicles towed under an appropriate statute. A
in appropriate receptacles in accordance with local ordinances.
vehicle is unauthorized or illegally parked in the apartment
Passageways may be used only for entry or exit. You agree to keep
community if it:
all passageways and common areas free of obstructions such as
trash, storage items, and all forms of personal property. No person
has a flat tire or other condition rendering it inoperable; or
(1)
shall ride or allow bikes, skateboards, or other similar objects in
is on jacks, blocks or has wheel(s) missing; or
(2)
the passageways. Any swimming pools, saunas, spas, tanning beds,
(3) has no current license plate or no current registration and/or
exercise rooms, storerooms, laundry rooms, and similar areas must
inspection sticker; or
be used with care in accordance with apartment rules and posted
(4)takes up more than one parking space; or
signs. Glass containers are prohibited in all common areas. You,
(5) belongs to a resident or occupant who has surrendered or
your occupants, or guests may not anywhere in the apartmentabandoned the apartment; or
community: use candles or use kerosene lamps or kerosene heaters
(6) is parked in a marked handicap space without the legally
without our prior written approval; cook on balconies or outside;
required handicap insignia; or
or solicit business or contributions. Conducting any kind of business
(7) is parked in space marked for manager, staff, or guest at the
(including child care services) in your apartment or in the apartment
office; or
community is prohibited—except that any lawful business conducted
(8) blocks another vehicle from exiting; or
"at home" by computer,