Special Clauses to Contract For Residential Lease

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Special Clauses to Contract for Residential Lease
Special Clauses of the Contract to Lease between
_________________________________________________________________________________(Landlord)
And _____________________________________________________________________________(Tenant)
Concerning the property described as: __________________________________________________________
(The Contract), Landlord and Tenant make the following terms and conditions part of the Residential Lease.
1) Lease Preparations: (X) LANDLORD/ ( ) TENANT shall have prepared, at own expense, a lease incorporating the provisions of
this Offer and same shall be executed by all parties on or before 2 days after the effective date of this offer.
2) Zoning Restrictions: it is understood and agreed that the above mentioned Property is being rented subject to the zoning
ordinances, restrictions and limitations of record an subject to any easement for public utilities which may be of record. Provides,
however, final acceptance is contingent on there being no zoning or deed restrictions which will prohibit the intended use as stated
above.
3) Transaction Broker Notice: LANDLORD and TENANT acknowledge receipt of the transaction Broker Notice.
4) Lead Paint Notice: TENANT understand that if the residential property being leased was constructed before 1978 that there’s
possibility that it may contain lead paint that was in use before that time. TENANT and LANDLORD acknowledge that Lead Based
Pain Statement is made part of this contract to lease. TENANT further acknowledges receipt of the Environmental Protection
Agency’s Brochure on lead hazard information.
5) Effective Date: Facsimile: this Offer shall become effective when signed by LANDLORD and TENANT. If not executed by all
parties on or before the day stated on paragraph (5), any money deposited shall be refunded and the proposed transaction shall
terminate. The Effective Date of this Offer shall be the date last signed and/or initialed by either party.
6) Default or Failure by Leasse (Tenant): if TENANT cancels said Contract after execution (of the Residential Lease) prior
to 3 calendar days there will be not penalties at all to said TENANT by LANDLORD and deposits will be returned to said
TENANT and First Pro International Realty, Co. (hereinafter called the Agent/Broker) will collect only an administration
fee of $200- deducted from the Escrow Funds.
If said if TENANT executes said lease and then cancels the lease contract after 3 calendar days of said execution it will be
considered a default on the Contract for the TENANT. If tenant is in default and because of this reason the lease transaction should
not be consummated as provided in the lease contract a) the Lessor and or Broker may at his/her option, take legal action to
specifically enforce the Contract or the alternative, the Lessor may demand and receive from escrow agent one-half of all deposits,
provided however, that the minimum amount to be retained or received by broker shall equal but not exceed the full amount of the
commission, herein paid as consideration of the release of Lessee by the Lessor and Broker, and as agreed and liquidated damages
between them in either of which events Lessee shall pay all costs incurred by Lessor and/or Broker in any enforcement actions, and
aggregate lease amount, and the Broker may demand and receive from escrow agent full commission of all deposits, advance rents
or moneys paid not exceeding the broker’s commission as par payment of such obligations. Lessee shall pay all cost incurred in any
enforcement actions.
Initial Tenant
Date
Initial Tenant
Date
Initial Landlord
Date
Initial Landlord
First Pro International Realty, 2419 Hollywood Blvd., Hollywood, FL 33020 –
Office: (954) 391-8915 / Fax: (954) 391-9384 / www.firstprorealty.com
Date
b) Lessee further agrees that if the Lessor releases lessee from contract, the broker will charge $350- Process fee. These fees
can and will be deducted from any deposit received.
7) Lessor will pay First Pro International Realty, Co. and ____________________________________________ Co-op Broker
a professional service fee for finding a tenant for the above property of □ ________% □ ______ Month (if left blank 10% of
total lease), in advance and □ _______ % □ ________ Month (if left blank 10% of total lease) fee for any renewal of lease or
any other extension of this agreement or extension of occupancy thereafter or the writing of a new lease between Lessor and
Lessee. Said process and service shall not be deducted from the security deposit. Fee is to be paid upon execution of this agreement
or occupancy of property by lessee and is not refundable should lessee default or I f Lessor releases lessee from the lease obligation.
Tenant shall make the payments as instructed by First Pro International Realty. Broker is authorized to deduct its fee from RENT
collected by Broker after said becomes due and owing to Owner. Upon execution of Lease or extension of lease, First Pro
International Realty will Instruct Tenant to make rent payments payable to First Pro International Realty until full payment of the
commission has been made. First Pro International Realty is hereby authorized to deduct the commissions due from the rental
payments and remit any overage to the owners.
Tenant and Landlord understand and agrees that if during the lease term, renewal of lease, or extension of occupancy and for three
hundred and sixty five (365) days after the lessee vacates property, the lessee (Lessee’s relatives and/or Company) should enter into
a Contract for Sale of the hereby leased property First Pro International Realty, Co will act as a Transaction Broker to facilitate the
sale, and lessor will pay the above Brokers ________% (if left Blank 6% of total gross sale price) of the total gross sale price that
will be split (the said commission) in a 50/50 basis for each Company (3% / 3%).
8) Please note that all Escrow Checks will be deposited immediately. Under no circumstances we can hold them.
9) Default or Failure by Broker: if at any time Broker should become liable to Lessor or Lessee by virtue of this Contract or
transactions contemplated by it whether due to Broker’s negligence, intentional conduct or otherwise, such Broker’s liability is and
shall be limited to the sum not to exceed $100.- Brokers shall pay cost incurred in any enforcement action.
10) First Pro International Realty, Co has not conducted a physical inspection of the property to discover concealed defects or
determined the presence of any lead hazards or other toxic substance hazard or to determine the accuracy of the Lessor’s disclosures
regarding the property or of any other brochure or property description and has not examined the public records to determine the
property’s compliance with applicable zoning and building codes or other laws. Any representation to the contrary cannot be relied
upon.
11) Right of Access: This will be added to the paragraph XI of the Residential Lease, “Landlord may enter the premises to place a
“For Rent” of “For Sale” sign or show Premises at any time. Landlord or its Agent if any will attempt to notify Tenant, but have no
obligation to do so.
12) Repairs: Tenant acknowledges that Tenant has inspected the Premises and accepts the Condition AS IS with no warranties or
promises express or implied, only the ones that are in writing in this contract. Tenant shall maintain the Premises in good, clean and
tenable condition throughout the tenancy. In addition to the Elective Maintenance of the Residential Lease who shoes who will take
care of the items noted on the Major Repairs, Tenant shall make or cause to be made at Tenant’s expense all the minors repairs such
as locks and keys, screen damage, broken windows, smoke alarm batteries, loose screws, bulb/fuse replacement and any garbage
disposal (if provided) condition caused from misuse of the disposal. Any services ordered directly by the Tenant without the written
authorization of Landlord will be at Tenants expense.
Initial Tenant
Date
Initial Tenant
Date
Initial Landlord
Date
Initial Landlord
First Pro International Realty, 2419 Hollywood Blvd., Hollywood, FL 33020 –
Office: (954) 391-8915 / Fax: (954) 391-9384 / www.firstprorealty.com
Date
13) Abandoned Property: If at any time during the term of this lease, Tenant abandons the leased property or any of Tenant’s
personal property in or about the leased property, Landlord shall have the following rights: Landlord, may at Landlords options enter
the leased property, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by
The virtue of such reletting : also at landlords option, Landlord may hold Tenant liable for any difference between the rent that
would have been payable under this Lease during the balance of the unexpired term, if this lease had continued in force, and the net
of such period realized by Landlord by means of such reletting. Landlord may also dispose of any Tenant’s abandoned personal
property as Landlord deems appropriate, without liability to Tenant. Landlord is entitled to presume that Tenant has abandoned the
leased property, if the leased property is unoccupied for a period of four(4) consecutive weeks, or if it would otherwise be
reasonable for Landlords to presume under the circumstances that the Tenant has abandoned the leased property.
14) Sight Unseen: When Lessee waives the right to preview rental property, said lessee accepts such property as described and
cannot hold the broker responsible for any deficiencies upon taking occupancy. The acceptance of an inventory by the Lessee
releases REALTOR of responsibility.
15) This Agreement will not have the effect of a lease. The parties’ rights hereunder are contingent on (A) finalization and execution
of the lease agreement which is contemplated by this agreement and, (B) if applicable approval by the condominium/ Homeowner
Association.
16) Forfeiture of Security Deposit - Default : It is understood and agreed that Tenants shall not attempt to apply or deduct any
portion of the any security deposit from the last or any month’s rent or use or apply any such security deposit at any time in lieu of
payment of rent. If tenant fails to comply, such security deposit shall be forfeited and Landlord may recover the rent due as if any
such deposit had not been applied or deducted from the rent due. For the purposes of this paragraph, It shall be conclusively
presumed that a Tenant leaving the premises while owning rent is making an attempted deduction of the deposits. Furthermore, any
deposit shall be held as a guarantee that Tenant shall perform the obligations of this lease. In the event of default, by Tenant, of any
obligations of this Lease which is not cured by Tenant within fifteen (15) days notice from landlord, then in addition to forfeiture of
the security Deposit, Landlord may pursue any other remedy available by law, equity or otherwise.
17) Holdover by Tenant : Should Tenant remain in possession of the Leases property with the consent of the Landlord after the
expiration of the Term of this Lease, a new tenancy from month to month shall be created which shall be subject to all terms and
conditions of this lease, but shall be terminated on thirty(30) days by either party or longer notice if required by law. If tenant holds
over without Landlord’s consent, Landlord is entitled to double rent, pro-rated per each day of the holdover, lasting until Tenant
leaves the leased property.
18) All parties of this agreement should seek legal counsel before signing this document should any questions exist. All
representations should be in writing. Do not rely in oral representations.
19) Condition of Premises. The Tenant agrees that Tenant has examined the Property, including the grounds and all building and
improvements, and that they are, at the time of this Lease, in good order, good repair, safe, clean, and tenantable condition. Landlord
and Tenant agree that a copy of the “ Walk- Trough” addendum, a copy of which is maintained by Landlord and another copy
provided to Tenant, attached hereto reflects the condition of the property at the commencement of Tenant’s occupancy. If, for any
reason, there’s no “Walk- Through” addendum signed by both parties Tenant agrees and understand that he/she is receiving the
property As-Is.
Initial Tenant
Date
Initial Tenant
Date
Initial Landlord
Date
Initial Landlord
First Pro International Realty, 2419 Hollywood Blvd., Hollywood, FL 33020 –
Office: (954) 391-8915 / Fax: (954) 391-9384 / www.firstprorealty.com
Date
20)
Landlord
Tenant shall pay the security deposit required by the association, if required. (If left blank landlord shall pay
the security deposit required)
21) All information in this agreement shall be incorporated in a Formal Lease.
BY SIGNING THIS AGREEMENTY TO ENTER INTO A LEASE BOTH LEAIOR AND LESSEE UNDERSTAND THE
TERMS AND CONDITIONS
Additional Clauses to this lease contract:
-The parties hereby acknowledge and understand that the escrow agent, Richard P. Breger. P.A., will de disbursing and funds held I
escrow relating to this lease pursuant to written instructions received from First Pro International Realty, Co. By executing this lease,
the parties hereby authorize and direct Richard P. Breger, P.A; to comply with such written disbursement instructions received from
First ProInternational Realty, Co and agree to hold Richard P. Breger, P.A., harmless from any claims, lawsuits, or causes of action
which might otherwise arise from Richard P. Breger, P.A.’s good faith reliance on such written disbursement instructions”
Advance Rents………………………………………………………………. $
( ) Additional Months ( ) Last Month Rent ………………………………… $
Security Deposit …………………………………………………………….. $
Application Fee for Tenant(s) approval and / or Cost for Credit check…….
$
Association common area security deposit………………………………….. $
Deposit for Keys, gate or garage door opener………………………………... $
Pet security deposit ( ) Refundable or ( ) refundable………………………… $
Other………………………………………………………………………….. $
Subtotal of advanced monies due……………………………………………………………. $
Less Deposit Received to date……………………………………………………………….. $
BALANCE DUE IN CLEARED FUNDS…………………………………………………….. $
(Landlord’s Signature)
(Landlord’s Print Name)
Date
(Landlord’s Signature)
(Landlord’s Print Name)
(Landlord’s Signature)
(Landlord’s Print Name)
Date
(Landlord’s Signature)
(Landlord’s Print Name)
First Pro International Realty, Co
(Leasing Agent’s Name / Company Name)
(Listing Agent’s Name/ Company Name)
First Pro International Realty, 2419 Hollywood Blvd., Hollywood, FL 33020 –
Office: (954) 391-8915 / Fax: (954) 391-9384 / www.firstprorealty.com
Date
Date
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