Live Exceptionally
WELCOME Gulf Coast International Properties® Luxury Rentals is committed to providing unrivaled client services, uncompromising integrity, and an innovative local, national and international marketing strategy that will unite exceptional properties with exceptional clients. We specialize in renting both luxury annual and seasonal properties. Our team of leasing specialists, with years of combined rental experience, work together to procure a tenant for your property and our full-time support staff are available to assist you and your tenants. Attached please find rental management information, suggested inventory, sample listing contract and sample leases. Please review the information at your convenience and contact me with any questions or concerns. Thank you for trusting Gulf Coast International Properties® Luxury Rentals to market and manage your property. I look forward to providing a luxury experience.
Regards,
Sarah Wayne SARAH D. WAYNE, P.A. REALTOR® | Luxury Rentals Director
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LUXURY REAL ESTATE AT THE HIGHEST LEVEL
SARAH D. WAYNE, P.A. REALTOR® | Luxury Rentals Director 239.289.2318 sarah@gcipluxuryrentals.com As a lifelong Neapolitan and licensed Sales Associate, Sarah Wayne has a deep understanding of the Naples market. Sarah’s real estate career has been focused on Luxury Rentals and she has the innate ability to exceed the expectations of both homeowners and tenants in the Luxury sector. Sarah’s background, combined with her extensive knowledge of the rental market, allows her to be a valuable resource for individuals looking for rental property in Naples. After graduating from Auburn University, Sarah began her career in Real Estate by joining her family’s appraisal firm. The market knowledge gained through 12 years in this field, along with the desire to have a more personal interaction with clients, shifted her focus to the luxury rental business, with a special emphasis on seasonal clientele. As a Luxury Real Estate Specialist, Sarah has devoted herself to professionalism, excellent customer service, consistent communication and ensuring a positive experience for tenants, owners and fellow agents. Sarah actively gives back to the hometown she grew up in as a current member of the Kiwanis Club of Naples on the Gulf and Vice-President of the Barron Collier High School Band Boosters. She is also actively involved with Meals of Hope, Habitat for Humanity, Junior Achievement and Southwest Florida Early Learning Coalition. Married and the mother of two girls, Sarah and her family reside in Naples but enjoy time spent together in the Blue Ridge Mountains.
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We have been very happy with Sarah Wayne. As a first time landlord, I was concerned about the new condo that we had just built. Sarah walked me through my expectations and found me a great tenant that came back for two seasons. When attention was needed on items within the condo, Sarah went over and above to get them attended to. I interviewed a few different companies for our rental unit, but no one else was down to earth, easy to talk to, and seemed to
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care about offering the exceptional service that Sarah and her team have offered. Bravo GCIP for a great Rental Division and thank you Sarah. ~ Mary and Pat McClain
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SERVICE. INTEGRITY. LUXURY EXPERIENCE.
Locally Owned and Operated. Gulf Coast International Properties® is a record setting, locally owned and operated luxury real estate firm in Naples. World-class integrated marketing efforts coupled with exceptional customer service has earned us this reputation. As a proven leader in the Naples luxury market, Gulf Coast International Properties® associates strive to exceed our client’s expectations through uncompromising integrity and unprecedented concierge service. Our award winning multi-generational firm exemplifies the Naples reputation for luxury living. Specializing in exclusive oneof-kind estates, Gulf Coast International Properties® invites you to experience the difference to Live Exceptionally! A boutique real estate firm, Gulf Coast International Properties® embraces an unrivaled “teamwork” approach. As local luxury real estate professionals we strive to exceed your expectations when buying or selling a luxury home or investment property. We provide our clients with access to a world-class marketing program that combines traditional print marketing with exclusive events and state-of-the-art online strategies that connect buyers and sellers, globally. Gulf Coast International Properties® has four strategically located offices: two in Old Naples, a new office at Waterside Shops, and one in Boca Grande. The offices provide prime exposure for your property and convenience for those wanting more information about the Naples market. Our dedicated professionals possess an innate knowledge of Collier County. We have hundreds of satisfied clients and we would be honored to serve all of your real estate needs.
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IDEAL HIGH TRAFFIC LUXURY OFFICES ENHANCE EXPOSURE
Gulf Coast International Properties ® offers three key locations throughout Naples. Our first office opened in 2009 on Third Street South. In 2016 we opened our second office on Fifth Avenue South. As renowned shopping and dining destinations, Third Street South and Fifth Avenue South draw a record number of visitors especially during season. Our third location was selected to serve our Moorings, Park Shore, Pelican Bay, Grey Oaks and North Naples neighborhoods. New office opened August 2021 in Waterside Shops in Pelican Bay. Boca Grande is home to our fourth office. Our clients enjoy a valuable synergy between these locations with one-on-one expertise in both marketplaces and privileged access to private placement properties. GCIP offices are located in high-traffic areas to further expand the exposure of your property and to offer convenience in serving all of your real estate needs. OLD NAPLES: 1144 Third Street South w Naples, Florida 34102 OLD NAPLES: 691 Fifth Avenue South w Naples, Florida 34102 PELICAN BAY: Waterside Shops w 5435-19 Tamiami Trail North w Naples, Florida 34108 BOCA GRANDE: 411 Park Avenue w Boca Grande, Florida 33921
Service. Integrity. Luxury Experience. Locally Owned and Operated.
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MARKETING YOUR PROPERTY VISUALLY INSPIRING Professional photography is essential to showcasing the unique features of your home. Statistics prove that maximum exposure is accomplished when people view your home online. Photography makes your home come alive. Videos enable the viewer to picture themselves living in your home. Video combined with print increases the probability of an in-person showing. w Professional Daylight Photos w Optional Twilight Photography w Upload to multiple syndicates for the Photos Online Listing Services
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GCIP LUXURY RESIDENTIAL RENTAL MANAGEMENT Once a GCIP luxury rental agent advises you that we are the right fit to represent your rental property, you can expect the following; w Pictures of your property will be taken and held on file for marketing purposes. These will be used on our proprietary state-of-the-art website and other rental sites, in MLS and in print advertising campaigns. We will present your property in our comprehensive marketing program to procure a highly qualified tenant. w We strategically place ads in widely recognized national and international publications giving your property extensive exposure. The firm’s broad resources and networking opportunities contributes to our effective and confident representation of distinguished properties. w Our proprietary branding is designed to elevate the presence of your home across multiple highly recognized avenues. LuxuryRealEstate.com, our GCIP network partner, is the most viewed luxury website in the world and a highly coveted partner. Building brand awareness through these carefully selected genres continues to keep GCIP in the forefront of the most qualified customer base. w We will negotiate lease agreements in accordance with Florida Real Estate Law and the Exclusive Right to Lease Agreement made with this office. w We will exclusively communicate with your tenant from the point of lease signing until the day of lease commencement. We answer questions, send payment reminders and communicate arrival information. If your property is located in a community with an association, we will coordinate the application approval process. Once your tenant is in residence, we will be their point of contact to field all property questions and handle any maintenance requests. w We will complete a credit and background check for all potential annual tenants, and for seasonal tenants if that service is not offered by your association. w All rents and deposits for seasonal leases are collected prior to a tenant’s occupancy. All monies are housed by our third-party accountant and accounting for these funds will be in accordance with Florida Real Estate Escrow laws. w Prior to tenant occupancy, we will coordinate cleaning with a professional cleaning company – at owner’s expense – to ensure the property is in rental-ready condition. At lease end, the property will be cleaned at the tenant’s expense to return the property to you in like condition or in preparation for the next tenant. w GCIP will only work with fully licensed, bonded and insured vendors and cleaning companies. w We ensure timely payment of your rental proceeds per the terms of your Exclusive Right to Lease Agreement and can be received via direct deposit or paper check. w Sales and Tourist Tax Registration and payments will be collected from tenant and made in accordance with all state and local tax department regulations. Our boutique approach to luxury rentals provides a stress-free rental experience for both you and your tenant.
Live Exceptionally www.gcipnaples.com w www.portroyalwaterfronthomes.com
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INVENTORY GUIDE Thank you for your interest in having Gulf Coast International Properties® market your luxury rental property. To ensure a mutually beneficial rental experience, we have complied this inventory guide to assist you as you prepare your property for a tenant. Items in BOLD are required inventory items. w All furnishings should be new, or in like-new condition. Upholstered furniture should be cleaned on a regular basis. w Window treatments should be in proper working condition and cleaned on a regular basis. w The home or condo must be professionally cleaned prior to a tenant’s arrival. Deep cleaning must be done at least once per year.
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w All personal belongings, photographs and sentimental possessions should be removed or stored in one owner’s closet. w Televisions in Living Room and Master Bedroom are required as well as high-speed wireless internet.
BEDROOMS:
____ Mattress pad and pillow protectors (replaced yearly) ____ 1 bedspread or comforter per bed ____ 1 blanket per bed (extra blankets are recommended) ____ 2 pillows per bed (unstained and in new condition) ____ 2 sets of linens per bed ____ Extra pillowcases ____ Night stand ____ Reading lamps
NOTE: If there is a sleeper sofa, extra pillows, sheets, pad and blankets are necessary.
BATHROOMS:
____ Soap dispensers, toothbrush holders ____ 4 matching sets of towels per bathroom – bath, hand, wash cloths ____ 2 bathmats ____ Scatter rugs (washable) ____ Beach towels ____ Nightlights ____ Wastebaskets ____ Toilet bowl brush ____ Plunger
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KITCHEN: ____ Barstools, if applicable
____ 1 water pitcher
____ Dishes – Service for 8
____ 1 tea kettle
____ Stainless flatware – Service for 8
____ Plastic serving trays
____ 8 steak knives
____ 1 cookie sheet
____ 1 silverware holder for drawer
____ Set of mixing bowls (3 sizes)
____ Serving utensils
____ 1 plastic garbage can
____ Serving bowls and platters
____ 1 can opener
____ Cream and sugar containers
____ 1 coffee maker (or Keurig®)
____ 8 water glasses
____ 1 juicer
____ 8 juice glasses
____ 1 cutting board
____ 8 wine glasses
____ 1 turner
____ 8 plastic/pool glasses
____ 1 set cooking prep knives
____ 1 large frying pan with cover
____ 1 potato peeler
____ 1 small frying pan
____ 1 toaster oven
____ 2 saucepans with covers
____ 1 wooden spoon
____ 2 large pots with lids
____ 1 ice bucket with lid
____ 1 muffin pan
____ 1 butter dish
____ 1 loaf pan
____ 1 set salt and pepper shaker
____ 1 pie pan
____ 1 breadbasket
____ 2 cake pans
____ 1 grater
____ 9 x 13 baking dish
____ 4 plastic food storage containers with lids
____ 1 broiler set
___ 1 set measuring cups and spoons
____ 1 roasting pan
___ 1 rubber spatula
____ 1 large salad bowl
____ 1 blender
____ 1 electric hand mixer
____ 1 potato masher
____ 1 tongs
___ 1 wire whisk
____ 1 cake server
___ 1 corkscrew and bottle opener
____ 1 carving knife and fork
___ 1 soup ladle
____ 1 serrated knife
___ 1 utility shears
____ 1 basting brush
____ 1 hot pad or trivet
____ 1 colander
___ 6 dish towels and dish cloths
____ Oven mitt/Pot holders
____ 8 placemats and napkins
E L P M A S
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SCREENED PORCH/LANAI/PATIO FURNITURE: ____ 4 chairs ____ 1 dining table ____ 1-2 small tables ____ 1-2 chaise lounges ____ Lighting, preferably a lamp if there is an outlet, or ceiling lighting
CLEANING SUPPLIES:
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____ Wet mop ____ Bucket
____ Broom/dustpan ____ Vacuum
____ Electric broom or Dustbuster® ____ Dust cloths ____ Sponges
____ Dish detergent, laundry detergent, cleaning solutions (starter amount)
MISCELLANEOUS:
____ Flashlights with batteries ____ First-aid kit
____ 2 dozen hangers per closet ____ Extra AC filters
____ Extra lightbulbs ____ Extra batteries ____ Electric iron
____ Small tool kit ____ Ironing board with cover ____ Stepstool ____ Umbrella ____ Desk with chair ____ TV Trays ____ Beach chairs and beach umbrella ____ Welcome mat ____ Laundry basket
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EXCLUSIVE RIGHT TO LEASE AGREEMENT THIS EXCLUSIVE RIGHT TO LEASE AGREEMENT, (“Agreement”), is between ________________________________________________________________________________(“OWNER”) and GULF COAST INTERNATIONAL PROPERTIES LUXURY RENTALS (“BROKER”).
1. AUTHORITY TO LEASE PROPERTY: The OWNER gives BROKER the EXCLUSIVE RIGHT TO SECURE A TENANT for the real and personal property described below. It is mutually agreed by the parties that this Exclusive Right to Lease Agreement shall be binding upon the parties and shall remain in full force and effect for One (1) calendar year or until termination pursuant to the terms of this paragraph. The term shall begin on the ___ day of ______, ____ and will automatically renew for successive year periods at the anniversary date so long as there has not been at least a
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Thirty (30) day written notice prior to the next term given by either party to terminate. Termination by OWNER is effective when physically received by BROKER. In the event this agreement is terminated by OWNER, the BROKER shall continue to receive the rental commission set forth below as long as the tenant(s) placed on the property by BROKER shall remain in the unit. In the event this agreement is terminated by OWNER, the BROKER’S rights provided for in paragraphs 1, 5 through 8, 12 and 13 shall survive such termination. All monies expended by BROKER shall be paid to BROKER prior to this cancellation and BROKER is authorized to withhold any sums owed to BROKER from monies held prior to the final disbursement to OWNER. BROKER reserves the right to terminate this agreement within Thirty (30) days written notice to OWNER at any time, or, immediately with written or verbal notice if in the opinion of BROKER’S legal counsel, OWNER’S actions or inactions are illegal, improper, or jeopardize the safety or welfare of any tenant(s) or other person(s). The OWNER certifies and represents that he/she is the legal owner of record of the Property and has full power to enter into this Agreement and to lease the Property. 2. DESCRIPTION OF PROPERTY:
PROPERTY NAME: PROPERTY ADDRESS: 3. RENTAL RATE AND TERMS:
(a) Rental Period and Rate: $ ________________ Per Month, Seasonally and/or $__________________ Per Month, Annually.
(b) Advance Rents, Deposits and Fees: Except as otherwise required by law, advanced rent payments and deposits, security deposits, prepaid tenant charges and owner balances will be held by the BROKER in a financial institution designated by BROKER in a non-interest bearing Escrow account.
(c) Taxes: The BROKER is authorized to charge, collect, and remit any taxes levied or applicable on any uses of transient accommodations within the State of Florida, as defined in subsection (2) of Rule 12A-1.061, F.A.C.,or as amended. However, the OWNER acknowledges that the OWNER is ultimately liable by state law for any unpaid taxes on such transient accommodations (including rentals, leases, lets, or licenses to use) to include any increases of state or local taxes levied subsequent to full execution of a lease agreement.
Seasonal Properties Services and Fees for Condominiums included in the rent: the following unless otherwise provided for in the lease, all electric, gas and propane, basic cable, high speed internet service, water, sewer, trash pick-up, condominium assessments, inside and outside pest control, all interior maintenance, repair and replacement (including such items as light bulbs) and service, repair and replacements of appliances, heating/cooling systems (including A/C Filters) and other parts of the Property.
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Seasonal Properties Services and Fees for Single Family Homes and Villas include in the rent: the following unless otherwise provided for in the lease, all electric, gas and propane up to $200.00 per month combined, basic cable, high speed internet service, water, sewer, trash pick-up, association assessments, lawn and pool maintenance (if applicable), inside and outside pest control, all interior and exterior maintenance, repair and replacement (including such items as light bulbs) and service, repair and replacements of appliances, heating/cooling systems (including A/C Filters) and other parts of the Property. OWNER’S of Single Family Homes and Villas will furnish a per diem rate for Utilities over and above the $200.00 combined total per month, to be charged to the tenant in advance. Such per diem shall be based upon estimated utility charges. Annual Properties Services and Fees include in rent: the following unless otherwise provided for in the lease, lawn and pool/spa maintenance, condominium or homeowner’s association assessments, maintenance, repair and replacement of the structural items of the Property including keeping the roof in water tight condition; maintenance, repair and replacement of appliances, mechanical, plumbing and electrical systems, including HVAC system. Utilities and other items are negotiated at lease signing.
E L P M A S
4. BROKER OBLIGATIONS: In consideration of OWNER’S agreement to enter into this Agreement, BROKER agrees to use diligent effort to lease the Property, including advertising as BROKER deems advisable; furnish information to and assist cooperating brokers in negotiating leases; negotiate leases and renewals of existing leases in accordance with the rent schedule and the terms above; take reasonable precautions to prevent damage to the Property when the Property is being shown by BROKER; and to perform the following activities authorized by OWNER: The OWNER authorizes the BROKER to perform the following:
A. To display a “For Rent” or other appropriate sign on the Property where allowed by HOA or Condo Association.
B. To list the Property with multiple listing service and to pay co-brokerage fees to cooperating brokers if the BROKER so desires. C. To negotiate leases of the Property on such terms and conditions as the BROKER shall deem advisable and as agreed upon by
the owner, taking into account the current market conditions.
D. Complete and sign the lead-based paint/hazards certification on OWNER’S behalf (for Property built before 1978) E. Compensate any subagents or cooperating brokers in the transaction, if BROKER so desires
F. To authorize the BROKER to schedule cleaning, repairs and purchases for the Property by affiliates of the BROKER or third parties
provided that the cost of any single item shall not exceed Five Hundred Dollars ($500.00). In the event that such cost exceeds Five Hundred Dollars ($500.00) then the BROKER shall obtain the OWNER’S approval. Notwithstanding the above, the BROKER may, but is not obligated to, arrange for emergency repairs in any amount at the OWNER’S expense without the OWNER’S prior approval if the OWNER is unavailable at the time of the emergency. The payment for all cleaning, repairs and purchases are the sole responsibility of the OWNER or TENANT and the BROKER will in no way be held liable for such. G. Without limiting the foregoing, the BROKER shall not be responsible for retaining legal counsel for OWNER or instituting eviction or other legal proceedings, giving of notices as required by Chapter 83 of the Florida Statues, enforcing Tenant’s compliance with condominium or homeowner’s association governing documents, maintaining or repairing the Property, ensuring a Tenant’s compliance with the Lease Agreement. Any inspections of the Property provided by BROKER shall be made as an accommodation to the OWNER and BROKER shall have no liability for the same. This Agreement is not a Property Management agreement and Broker shall not be required to perform property management services.
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5. OWNER’S OBLIGATIONS: In consideration of the obligations of the BROKER, the OWNER agrees: A. To cooperate with the BROKER in carrying out the purpose of this Agreement, including providing the BROKER with all documents needed by prospective tenant to seek Association or Board approval. B. To refer immediately to the BROKER all inquiries regarding the leasing of the Property. C. To make Property available for the BROKER’S access during reasonable times and furnish the BROKER with the following keys for purposes of showing and delivering the Property; Unit ____________ Building Access _____________/ Mailbox _____________/ Pool/Amenities _________________/
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Garage door/opener_______________/ Other_____________________________________
D. To notify the BROKER in the event the OWNER terminates a lease on the Property prior to lease expiration date.
E. To inform BROKER, in writing, if the Property is Listed for Sale within seven (7) days of the signing of a Listing Agreement and/or upon conveying the Property to a new owner. OWNER shall provide BROKER with the name, address and telephone number of the new OWNER. Any contract shall expressly provide that the sale will be subject to the terms and conditions of this agreement, honoring all fully executed leases and commissions due to BROKER. If the new owner does not pay the commissions, OWNER shall be responsible for paying the commissions to the BROKER.
F. Not to restrict the rental of the Property according to race, color, religion, sex, handicap, familial status, national origin or any other classes protected by state or local law, and not to ask or expect the BROKER to impose such restrictions on the rental of the Property.
G. To provide complete and accurate information to the BROKER including disclosing all known facts that materially affects the value of the Property. If the Property was built in 1977 or earlier, the OWNER will provide the BROKER with all information the OWNER knows about leadbased paint and lead-based paint hazards in the Property and with all available documents pertaining to such paint and hazards, as required by federal law. The OWNER understands that the law requires the provision of this information to the BROKER and prospective tenants before the tenants become obligated to lease the property. The OWNER acknowledges that the BROKER will rely on the OWNER’S representations regarding the Property when dealing with prospective tenants. The OWNER will immediately inform the BROKER of any material facts that arise after signing this Agreement, which affects the use and enjoyment of the property.
H. To obtain appropriate Occupational Licenses and Registrations required by the applicable licensing authorities.
I. To reasonably inspect the property before allowing the tenant to take possession and to arrange for all maintenance and service including, but not limited to, grounds care, pest control, pool service, cooling and heating systems service and appliance service contracts. J. To furnish and maintain the Property in accordance with the mandatory required inventory and maintenance standards as may be established from time to time by BROKER. BROKER will be the sole judge in determining if the Property meets the requirements of BROKER’S rental program. K. To authorize all cleaning of the Property prior to a tenant’s arrival and upon departure to be scheduled by BROKER with a Professional Cleaning Service. OWNER will NOT be allowed to clean for a tenant’s occupancy. Cleaning charges will be at the set rate charged by cleaning contractors.
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L. To authorize an annual deep cleaning, carpet cleaning and upholstery cleaning in the Property, at the OWNER’S expense, to be scheduled by BROKER in addition to the cleaning prior to Tenant’s occupancy. M. To provide to the BROKER suggested discounts and incentives to facilitate or enhance the leasing of the Property. All properties in the rental program compete with one another on the basis of unit conditions, location, amenities, restrictions and rates. N. To maintain appropriate amounts of both property damage insurance and premises liability insurance. OWNER expressly acknowledges and agrees BROKER shall in no way be liable for any damage to the Property or its furnishings that may occur in connection with the rental of the Property. The premises liability insurance shall be a minimum amount of three hundred thousand ($300,000.00) for each occurrence and shall name Broker as an additional interested party with respect to the Property if permitted by the insurer. All policies shall be written with a financially
E L P M A S
sound and reputable insurance company. All policies shall also include a provision requiring BROKER to receive thirty day’s written notification from each and every insurance company before any policy is cancelled or not renewed for any reason, including, but not limited to, failure by OWNER to pay the premium due. OWNER shall annually provide BROKER with Certificate of Insurance consistent with the provisions of this Paragraph . O. To indemnify and hold harmless the BROKER and the BROKER’S officers, directors, the BROKER’S employees from all claims, demands, causes of action, costs and expenses, including reasonable attorneys’ fees at all levels, and from liability to any person, to the extent based on the OWNER’S misstatement, negligence, action, inaction, or failure to perform the obligations of this agreement or any lease or agreement with a vendor; or the existence of undisclosed material facts about the Property. To pay, prior to the due date, all condominium and homeowner association assessments and all real estate taxes. This paragraph will survive BROKER’S performance and the transfer of title.
P. BROKER will be responsible for basic photography of the home for purposes of marketing the Property. OWNER shall have the right to arrange for upgraded photography at OWNER’S cost.
6. COMPENSATION: The OWNER agrees to compensate the BROKER if the OWNER enters into a lease of the Property with a tenant during the Leasing Term, regardless of whether the tenant fulfills the terms of the lease: or if, during the Leasing Term, the BROKER procures a tenant who is ready, willing, and able to lease the Property under the terms of this Agreement or terms acceptable to OWNER.
A. Amount of Compensation: The OWNER agrees to pay the BROKER the following fee(s):
15% of all agreed upon gross rental income as set forth in the lease for the BROKER’S services for Annual leases 12 months or longer. 20% of all agreed upon gross rental income as set forth in the lease for the BROKER’S services for less than 12 months in length. B. Time and Manner of payment:
BROKER will deduct its fee from the OWNER’S income upon lease commencement and from future income as received until commission is paid in full. The OWNER’S rental proceeds to be disbursed after received from tenant and within 5 (five) days after lease start date on Seasonal leases and within 5 (five) days from the date periodic rent is due and received from Tenant on Annual leases. C. New Leases and Renewals: If the OWNER enters into any new lease or renewal of the original lease with a tenant placed in the Property by or through the BROKER, the OWNER agrees to pay the BROKER, as compensation in connection with the new lease(s) or renewal(s) the amount specified in Paragraph 6 (A). This provision shall survive the expiration of this Agreement. OWNER shall exclude the tenant and related entities from any exclusive right to lease agreement entered into in the future with another Broker for a period of one (1) year.
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7. SALE OF PROPERTY: If the Property is sold to the Tenant, or an entity controlled by Tenant during the Leasing Term or any renewal thereof, or within 1 year of termination of the Lease, OWNER is to pay at closing a sales commission of 6% of the sales price to the BROKER. Should a cooperating Broker be party to the Lease/Sale, the commission would be split with that Broker, as is the usual practice. 8. LIMITATION OF LIABILITY: Except in the case of gross negligence or illegal acts of the BROKER, the OWNER agrees to hold the BROKER harmless from all liability, damages, suits or claims in connection with any and all matters arising from or related to this Agreement including, but not limited to, (i) injuries to person or property occurring on or about the Property, (ii) payment of expenses incurred, by BROKER for the OWNER or the property and (iii) any inspections performed by BROKER for damages caused by Tenant. If the BROKER acts as Escrow Agent with respect to any funds hereunder, the OWNER agrees to hold the BROKER harmless from any negligent act or delivery, nondelivery or misdelivery of said escrow funds and the BROKER shall be liable only for gross negligence. In any suit between the OWNER and a tenant procured hereunder, the BROKER may interplead the escrow funds into the Registry of the Court, and the BROKER shall be entitled to reasonable attorneys’ fees and cost
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incurred, which fees and costs shall be deducted from the escrow funds. Nothing in this Agreement shall make the BROKER responsible for any condition created or caused by any act or omission of the OWNER.
9. BROKERS TERMINATION: In the event the BROKER recommends maintenance or repairs to the Property, which OWNER will not authorize, the BROKER shall have the right to terminate this Agreement. If any repair or maintenance problem cannot be remedied within a reasonable period or if OWNER fails to maintain the Property or comply with the terms of this Agreement then the BROKER is authorized to relocate any Tenant, abate the rent at a per diem charge or refund any rental amount paid by Tenant. As to those properties that are rented furnished, the OWNER agrees to maintain the furnishings, including all required items on the inventory list. In the event the furnishings are not maintained, the OWNER will be notified. If the condition is not corrected in a timely manner, the BROKER shall have the right to remove said Property from the BROKER’S rental program.
10. TRANSACTION BROKER: The BROKER will be acting as a Transaction Broker under Chapter 475.01(1)(m), Florida Statutes, which provides for, among other items, for treating all parties honestly and fairly for the proper accounting for all money that comes into the BROKER’S possession during the course of the transaction.
11. DISPUTE RESOLUTION: This Agreement will be construed under Florida law and the sole venue and jurisdiction shall be the Courts of Collier County, Florida. All disputes between BROKER and OWNER based on this Agreement or its breach will be mediated under the rules of the Florida Bar Association or other mediator agreed upon by the parties prior to filing any civil suit. Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a settlement on the parties. The parties will equally divide the mediation fee, if any. In any litigation based on this Agreement, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs at all levels.
12. MISCELLANEOUS: This Agreement is binding on BROKER’S and OWNER’S heirs, personal representatives, administrator’s successors and assigns. Signatures, initials, documents referenced in this Agreement, counterparts and modifications communicated electronically or on paper will be acceptable for all purposes and will be binding. Broker advises Owner to consult an appropriate professional for related legal, tax, property condition, environmental, foreign reporting requirements and other specialized advice.
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The OWNER acknowledges that the OWNER has received a copy of this Agreement and that to the best of OWNER’S knowledge all signatures representing full ownership of the property appear on this Agreement. The OWNER hereby certifies that he/she is the OWNER of the property described herein.
Date:___________________________
Owner: ______________________________
Date:___________________________
Owner: ______________________________
Phone:__________________________
Phone:________________________________
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ALL NOTICES AND CHECKS WILL BE SENT TO THE ADDRESS THAT YOU ENTER BELOW AS YOUR MAIN MAILING ADDRESS.
Address:___________________________________________________________________________________________________ E-mail:___________________________________
Sarah D. Wayne, PA DIRECTOR
GULF COAST INTERNATIONAL PROPERTIES LUXURY RENTALS _________________________________________
Date:_____________________________________ Broker Address: Gulf Coast International Properties Luxury Rentals 691 5th Avenue South Naples, FL 34102
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SEASONAL RESIDENTIAL LEASE THIS LEASE AGREEMENT (this “Lease”) is entered into by and between (hereinafter referred to as “Landlord”) and
(hereinafter referred to as the “Tenant”). 1.
Property and Term. Landlord hereby leases to the Tenant that certain residential property located at:
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together with all other appurtenant structures and improvements (the “Property”), for a term of on
and ending at 10:00 a.m. on
days commencing at 3:00 p.m.
(the “Lease Term”).
2. Rent, Sales Tax and Security Deposit. Tenant agrees to pay the following sums as rent for the Property:
Rental Fee Cleaning Reservation Fee Utility Fee
Sub Total Tax Security Deposit (Refundable) Pet Deposit (Refundable) Utility Deposit Total (Balance Due)
The total Rental Fee, Taxes, Security Deposit and all other sums shall be payable as follows: Payment Schedule
Deposit Amount
Deposit Due Date
Initial Payment Due at Signing 2nd Payment Final Payment Tenant will be charged a late fee in the amount of $25.00 for each payment made more than 7 days after the due date. Any checks which are dishonored by Tenant’s bank for non-payment will be subject to an additional fee of the greater of $25.00 or five percent (5%) of the face value of the check plus any additional bank fees. In addition to all other remedies, Landlord shall have the right to accelerate all future rentals if any rental payment is not paid within seven (7) days of the due date. PAGE 1 OF 5
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All monies due shall be payable to GULF COAST INTERNATIONAL PROPERTIES LUXURY RENTALS (“Rental Broker”) at GCIP Luxury Rentals, c/o LE Business SolutionZ, 1415 Panther Lane Naples, FL 34109. Rental Broker will pay the prepaid rental to Landlord on commencement of the Lease Term. *The Security Deposit is charged as security for Tenant’s performance of all obligations under the Lease as well as for incidentals such as, but not limited to, extra laundry charges, excessive cleaning, pet damage and/or lost keys or remotes, plus applicable taxes if required, as these items are not covered by any Damage Waiver Insurance that the Tenant may purchase. “Pursuant to Florida Statute 83.49(3); (a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give
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the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the 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 intention to impose a claim for damages in the amount of _____________ upon your security deposit, due to
____________. It is sent to you as required by FS. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this
deduction from your security deposit within 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 (landlord’s address). If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.
(b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
(c) 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 reasonable fee for his or her attorney. The court shall advance the cause on the calendar (d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida- licensed
real estate brokers and sales associates, shall constitute 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 section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in FS. 475.25(1)(d).”
4. Additional Charges. Any application fee, plus any applicable taxes to include any increases of state or local taxes levied subsequent to the full execution of this lease agreement. Any community amenity, whether optional or required, transfer fees charged by a condominium or homeowner’s association associated with the Property (‘Association’), plus any applicable taxes if required. Application and Association fees may vary and are based on the filing date of the application. If the Association requires a security deposit (“Association Security Deposit”), then such Association Security Deposit shall be paid by ______Landlord / _______ Tenant (check appropriate box). If Tenant pays the Association Security Deposit to the Association, it shall be Tenant’s sole responsibility to procure a reimbursement of the Association Security Deposit. Landlord shall not be responsible for securing the return of the Association Security Deposit to Tenant nor for any failure of the Association to return the Association Security Deposit to Tenant. If Landlord pays the Association Security Deposit to the Association, then Tenant shall immediately reimburse Landlord for any claims or deductions made by the Association against the Association Security Deposit plus any applicable taxes if required.
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Landlord agrees to pay for all reasonable electricity and gas charges for condominiums during the term of this lease, and up to $200/month for single family homes or villas (paid as a per diem utility fee, determined by historical average daily electric usage data), as well as water/sewer, trash pick-up, internet service, lawn/pool maintenance (if applicable) and Association quarterly fees (if applicable) during the term of this lease. 5. Products and Services. GULF COAST INTERNATIONAL PROPERTIES LUXURY RENTALS may charge fees to Tenants for products and/or services as requested by Tenant plus any applicable taxes if required. 6. Association Approval. If this Lease requires the approval of the Association, then this Lease is subject to approval of such association prior to Tenant’s occupancy. Tenant agrees to promptly complete all documents and provide all information as required by the Association and make every reasonable effort in order to secure approval in a timely manner. All documents and information shall be provided
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within seven (7) days after request by Rental Broker. Landlord and Tenant acknowledge that the Association may not grant early approval
of leases. Tenant agrees to comply with all applicable Association rules and regulations as well as all restrictive covenants applicable to the Property.
7. Use and Occupancy. Tenant accepts the Property in its present condition and agrees to keep it clean and in a good state of repair and shall undertake regular housekeeping at Tenant’s expense where so required. Tenant shall properly dispose of all trash in the containers provided. Tenant agrees to replace all articles of personal property damaged or broken during the Term of the Lease, pay the cost of repairing any damage to any part of the Property caused by the use or negligence of the Tenant or Tenant’s guests, and at the termination of this Lease to promptly surrender the Property to Landlord in clean condition and in as good condition as said Property was at the execution of this Lease, ordinary wear and tear and loss or damage by fire or acts of God excepted. Ordinary wear and tear shall not include cleaning charge for which Tenant is responsible under this Lease. Receptions/special events/parties/live music are expressly prohibited on the Property during the lease term. Tenant agrees to save the Landlord and Rental Broker harmless from, and indemnify Landlord and Rental Broker for, any loss, damage, or claim by third parties arising from any negligence or intentional misconduct by Tenant or Tenant’s guests.
The Property will be occupied only by Tenant’s family consisting of ______ adults, _______ children, and periodic guests. All
occupancy must be in accordance with any applicable Association rules and regulations.
TENANT REPRESENTS AND WARRANTS TO LANDLORD, AND LANDLORD ACKNOWLEDGES AND AGREES, THAT IT IS
THE INTENTION OF TENANT THAT TENANT’S OCCUPANCY WILL BE SEASONAL AND TEMPORARY, AND FOR RESIDENTIAL USE ONLY. 8. Subletting and Assignment. No part of the Property will be sublet to others nor shall this Lease be assigned or transferred in any way without the written consent of the Landlord.
9. Pets. No pets or animals whatsoever will be allowed on the Property if prohibited by the Condominium or Homeowner Association’s rules and regulations. In addition, no pets or animals shall be allowed on the Property without the prior written consent of Landlord. 10. Smoking. NO SMOKING WHATSOEVER is permitted within the Property. 11. Alterations or Improvements. Tenant shall not make any alterations or improvements to the Property without the written consent of Landlord. Tenant shall not change the arrangement of the furnishings or decorations in the Property in any way. 12. Cancellation Prior to Commencement of Lease. Tenant may cancel the reservation at any time prior to the commencement of the Lease Term by giving written notice to Landlord. If Tenant so cancels, then Landlord (through the Rental Broker) will attempt to find another tenant for the Lease Term. If no replacement tenant is procured, all rental monies will be due and paid deposits will be forfeited to Landlord. If a new tenant is procured, Landlord will deduct from the balance due from Tenant any rentals received from the new tenant for the Lease term; plus a re-leasing fee equal to 20% of the total lease term to Rental Broker, this fee will be deducted from any monies being refunded to the cancelling tenant. Should this refund not cover the total re-leasing fee, it is agreed that the cancelling tenant will owe any balance of said
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re-leasing fee. If Landlord receives more than the amount due under this Lease, it is agreed and understood that the tenant is not entitled to any excess funds received by landlord beyond this lease agreement. 13. Tenant’s Personal Property. Tenant’s personal property kept upon the Property, or in any storage rooms or other areas, including automobiles, shall be kept there at the sole risk of Tenant and in no event shall Landlord or Rental Broker be liable for any loss, destruction, theft of, or damage to, such personal property. Tenant shall be responsible for procuring its own insurance to cover against the possibility of such loss. Whether or not a security system or alarm is provided, neither Landlord nor Rental Broker shall be responsible for security and no warrant is given that any such system will protect Tenant. Tenant shall pay for any security company or emergency personnel charges assessed for triggered alarms. 14. Cleaning of Property. Landlord shall have the Property professionally cleaned at Landlord’s expense, prior to Tenant’s arrival
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and agrees that Rental Broker may make arrangements for such cleaning. Upon Tenant’s departure, the Property will be professionally cleaned at the Tenant’s expense, as outlined in Section 2. In the event that there is excessive cleaning required to bring the Property into the same clean condition as when delivered to Tenant, then Tenant shall be responsible for the same. Additional cleaning charges will be determined by the time and amount of cleaning required. Such cleaning charges may include carpet and/or upholstery cleaning plus any applicable taxes.
15. Major Repairs. Landlord agrees to pay for any necessary repairs to the roof, structural components, mechanical, electrical, plumbing, appliances, equipment, and other systems, provided, however, Landlord shall not be required to make any repairs unless and until the Tenant has given notice to the Landlord and/or Rental Broker of the nature of repairs needed and a reasonable period of time to complete the repairs. Notwithstanding the above, if any repairs are necessitated by Tenant’s misuse or negligence, then Tenant shall be solely responsible for payment of the same plus any applicable taxes if required.
16. Entry. Landlord, its agents and employees shall have the right to enter the Property at all reasonable times for the repair, improvement, care and management of the Property, and for the purpose of showing the Property to prospective tenants or buyers.
17. Construction. Tenant is hereby notified that, due to the ongoing growth in Collier County, there may be ongoing building or road construction near the Property or there may be ongoing repairs or renovations to other units, buildings and complexes. Tenant agrees that Landlord and Rental Broker cannot be held responsible for any inconvenience or noise that such construction may cause, and that there will be no rebate, changing of units, or refund.
18. Notice. Any notice or demand to Landlord shall be given to Landlord in care of GULF COAST INTERNATIONAL LUXURY RENTALS, 691 5th Avenue South, Naples FL 34102. Landlord and Tenant shall be responsible for the giving of all notices required by law.
19. Prevailing Party. In any civil action brought to enforce the provisions of the rental agreement or this part, or subsequent appellate action, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorney’s fees, from the non-prevailing party, under the laws of the State of Florida. 20. RADON GAS: Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from your county public health unit. 21. Rental Agent Not Responsible for Performance. Landlord acknowledges that this Lease was procured by Rental Broker and agrees to recognize Rental Broker as the procuring cause of any extensions or renewals by paying a commission at the same rate as paid for the initial Lease Term. The parties agree that Rental Broker is acting solely as rental agent in connection with procuring this Lease and is not responsible for Landlord’s or Tenant’s performance of any of the obligations, terms or conditions of this Lease.
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22. Any assistance which Rental Broker may provide in connection with the performance of the Lease obligations shall not operate to make it responsible for such performance. The parties agree that any provisions of this Lease for the benefit of Rental Broker may only be modified by the written consent of Rental Broker and that such provision will survive the termination of this Lease. 23. Sale of Property. In the event that the Property is sold during the Lease Term, the sale shall in no manner affect the rights and privileges afforded the Tenant under this Lease, including the right to occupy the Property for the Lease Term. Upon any such sale, Landlord may transfer the security deposit and any prepaid rent to the benefit of the new owner, in which case, the new owner shall be solely responsible to the Tenant for any obligations accruing thereafter under the Lease. 24. Destruction of Property. Should the Property be substantially destroyed or damaged by fire, hurricane or other casualty so as to be unfit for occupancy or use, then this Lease may be terminated by either party by giving written notice to the other party and rent shall only be paid to the date of casualty. Tenant shall comply with all rules and regulations of any utility company.
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25. Landlord shall not be responsible for any utility interruption, surges or failures; however, Tenant may be abated for any period of time where electrical power or water/sewer service is not available for more than 24 continuous hours.
26. Condition of Property; Indemnity. Rental Broker shall not be liable to either party for the condition of the Property or for failure to discover any defects in or damage to the Property. Any inspections provided by Rental Broker shall be made as an accommodation to the parties and Rental Broker shall have no liability for the same. Landlord and Tenant agrees to save the Rental Broker harmless from, and indemnify Rental Broker for, any loss, damage, or claim arising from the condition of the Property or for any defects or damage to the Property.
27. Miscellaneous Provisions. The singular number will be construed to mean the plural when the context shall so require. If any
provision of this Lease should be found to be unenforceable, the remaining clauses shall still be of full force and effect. This Lease shall only be effective when it is signed by both Landlord and Tenant. Time is of the essence as to the performance of the obligations contained herein.
Other:______________________________________________________________________________________________________ _______ ___________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________ ___________________________________________________________________________________ The Lease has been executed by the parties on the dates indicated below:
__________________________________________ _______________________________________ TENANT SIGNATURE DATE LANDLORD SIGNATURE DATE
__________________________________________ _______________________________________ TENANT SIGNATURE DATE LANDLORD SIGNATURE DATE Listing Office: Gulf Coast International Properties Luxury Rentals
Director Approval: ____________________________________ Sarah D. Wayne, PA DATE
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ANNUAL RESIDENTIAL LEASE This agreement, made this _____ day of ________________ 20___, between _____________________________ hereinafter referred to as the LANDLORD, through its agent and _________________________________________, hereinafter referred to as the TENANT, concerning the lease of the following described property: _____________________________________________ is agreed to by and shall bind the TENANT, its heirs, estate, or legally appointed representatives. TENANT as herein used shall include all persons to whom this property is leased. LANDLORD as herein used shall include the OWNER(s) of the premises, its heirs, assigns or representatives and/or any AGENT(s) designated by the OWNER(s). TERM OF LEASE: __________________________________. If for any reason LANDLORD cannot deliver possession of the premises to TENANT by the beginning date, the beginning date may be extended up to 30 days or lease voided at LANDLORD’S option without LANDLORD being liable for any expenses caused by such delay or termination.
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OCCUPANTS: Only the following individuals shall occupy the premises unless written consent of the LANDLORD is obtained:_____________________________________________. Subletting for any length of time is strictly prohibited. PRORATED RENT: TENANT agrees to pay the sum of _________________________as prorated rent for the period _______________________________________________.
ADVANCE RENT: TENANT agrees to pay the sum of ____________ as advance rent representing payment for the last month of occupancy. Tenant shall pay Advance Rent and/or Deposits and/or Fees in the amounts set forth below upon execution of this Lease: Prorated Rent: First Month’s Rent: Advance Rent: Security Deposit: Pet Deposit: Other:
RENT: TENANT agrees to pay the monthly rent amount of ___________________ plus any applicable sales tax as rent on the _____ day of each month in advance without demand at GCIP Luxury Rentals, c/o LE Business SolutionZ, 1415 Panther Lane Naples, FL 34109. Rent must be received by LANDLORD or its designated agent on or before the due date. A late fee of 5% per day thereafter shall be due as additional rent if TENANT fails to make rent payments on or before the 5th day after the due date. Cash payments are not accepted. If TENANT’S check is dishonored, all future payments must be made by money order or cashier’s check; dishonored checks will be subject to the greater of 5% of the check amount or a $40.00 charge as additional rent. If LANDLORD has actual knowledge that there are insufficient funds to cover a check, rent will be considered unpaid, LANDLORD may serve TENANT with a Three Day Notice and will not be required to deposit the check. Third party checks are not permitted. Time is of the essence. The imposition of late fees and/or dishonored check charges is not a substitution or waiver of available Florida law remedies. If rent is not received by the ____ day of each month, LANDLORD may serve a Three Day Notice on the next day or any day thereafter as allowed by law, and LANDLORD has the right to demand that late payments shall only be in the form of a money order or a certified check. All signatories to this lease are jointly and severally responsible for the faithful performance of this lease. All payments made shall first be applied to any outstanding balances of any kind including late charges and/or any other charges due under this lease. All notices by TENANT to LANDLORD shall be sent to LANDLORD’S address above by certified mail. Tenant Initials__________________
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PETS: TENANT shall not keep any animal or pet in or around the rental premises without LANDLORD’S prior written approval. PET ADDENDUM IS ATTACHED if applicable. SECURITY DEPOSIT: TENANT agrees to pay LANDLORD the sum of ___________, as security for faithful performance by TENANT of all terms, covenants and conditions of this lease. This deposit may be applied by the LANDLORD for any monies owed by TENANT under the lease or Florida law, physical damages to the premises, costs, and attorney’s fees associated with TENANT’S failure to fulfill the terms of the lease and any monetary damages incurred by LANDLORD due to TENANT’S default. TENANT cannot dictate that this deposit be used for any rent due. If TENANT breaches the lease by abandoning, surrendering or being evicted from the rental premises prior to the lease expiration date (or the expiration of any extension) TENANT will be responsible for unpaid rent, physical damages, future rent due, attorney’s fees, costs and any other amounts due under the terms of the tenancy or Florida law. The security deposit (and advance rent, if applicable) will be held in the following manner: Upon move out, TENANT must furnish the LANDLORD with new address so that LANDLORD can send notices regarding the deposit. The LANDLORD must mail a notice, within 30 days after move out, of the LANDLORD’S intent to impose a claim against the deposit. If a reply to the LANDLORD stating an objection to the claim is not received within 15 days after receipt of the LANDLORD’S notice, the LANDLORD will collect the claimed amount and must mail TENANT the remaining deposit, if any.
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If the LANDLORD fails to timely mail the notice, the LANDLORD must return the deposit but may later file a lawsuit against TENANT for damages. If TENANT fails to timely object to a claim, the LANDLORD may collect from the deposit, but TENANT may later file a lawsuit claiming a refund. TENANT should attempt to informally resolve any dispute before filing a lawsuit. Generally, the party in whose favor a judgment is rendered will be awarded costs and attorney fees payable by the losing party. This disclosure is basic. Please refer to part II of Chapter 83, Florida Statutes, to determine legal rights and obligations. Florida statutory law, 83.49(3) provides: (a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the LANDLORD shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the TENANT written notice by certified mail to the TENANT last known mailing address of his intention to impose a claim on the 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 intention to impose a claim for damages in the amount of ------ upon your security deposit, due to ------. It is sent to you as required by FS. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 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 (LANDLORD’S address). If the LANDLORD fails to give the required notice within the 30-day period, he forfeits his right to impose a claim upon the security deposit.
(b) Unless the TENANT objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the LANDLORD may then deduct the amount of his claim and shall remit the balance of the deposit to the TENANT within 30 days after the date of the notice of intention to impose a claim for damages. (c) If either party institutes an action in a court of competent jurisdiction to adjudicate his right to the security deposit, the prevailing party is entitled to receive his court costs plus a reasonable fee for his attorney. The court shall advance the cause on the calendar. (d) Compliance with this subsection by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and salespersons, shall constitute 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. Security deposit refunds if any shall be made by mail only, as provided by law, made out in the names of all TENANTS in
one check, and, may not be picked up in person from LANDLORD.
Tenant Initials__________________
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ASSIGNMENTS: TENANT shall not assign this lease or sublet the premises or any part thereof. Any unauthorized transfer of interest by the TENANT shall be a breach of this agreement. APPLICATION: If TENANT has filled out a rental application, any misrepresentation made by the TENANT in same will be a breach of this agreement and LANDLORD may terminate the tenancy. FIXTURES AND ALTERATIONS: TENANT must obtain prior written consent from LANDLORD before painting, installing fixtures, making alterations, additions or improvements and if permission granted, same shall become LANDLORD’S property and shall remain on the premises at the termination of the tenancy. USE OF PREMISES: TENANT shall maintain the premises in a clean and sanitary condition and not disturb surrounding residents or the peaceful and quiet enjoyment of the premises or surrounding premises. Premises are to be used and occupied by the TENANT for only residential, non-business, private housing purposes only. TENANT shall not operate any type of day care or child sitting service on the premises. TENANT shall secure insurance immediately for any water filled devices with a loss payable clause to LANDLORD. No trampolines, athletic equipment, recreational equipment, or any items or activities which can cause interference with the insurance coverage on the premises will be permitted. TENANT is not permitted to access, enter or store any items in any crawl spaces, attics or any locked areas on the premises without prior written permission from LANDLORD.
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SMOKING: Smoking is NOT permitted on the premises by TENANT, guests or invitees. TENANT understands that smoking on the premises shall be considered a material default under this lease agreement. In the event the premises are damaged in any way due to smoking on the premises, TENANT will be fully responsible for eradication of smoke- related odors and repair of any damage due to the smoking. TENANT agrees that smoke related damages will in no way be considered ordinary wear and tear. RISK OF LOSS: All TENANTS’ personal property shall be at the risk of the TENANT, and LANDLORD shall not be liable for any damage to said personal property of the TENANT arising from criminal acts, fire, storm, flood, rain or wind damage, acts of negligence of any person whomsoever, or from the bursting or leaking of water pipes. LANDLORD shall not be responsible for the loss of any food in the event of a refrigerator or freezer failure, defect or electrical failure. TENANT is strongly urged to secure insurance for personal property.
DEFAULT: (1) Failure of TENANT to pay rent or any additional rent when due, or (2) TENANT’S violation of any other term, condition or covenant of this lease (and if applicable, attached rules and regulations), condominium or HOA rules regulations, restrictions, by-laws or neighborhood deed restrictions or (3) failure of TENANT to comply with any federal, state and/or local laws, rules and ordinances, or (4) TENANT’S failure to move into the premises or TENANT’S abandonment of the premises, shall constitute a default by TENANT. Upon default, TENANT shall owe LANDLORD rent and all sums as they become due under the terms of this lease and any addenda attached hereto and any and all amounts owed to LANDLORD as permitted by Florida law. If the TENANT abandons or surrenders possession of the premises during the lease term or any renewals, or is evicted by the LANDLORD, LANDLORD may retake possession of the premises and make a good faith effort to re-rent it for the TENANT account. Retaking of possession shall not constitute a rescission of this lease nor a surrender of the leasehold estate. If TENANT(s) breach this lease agreement, in addition to any other remedies available by law and this lease agreement, TENANT(s) shall be responsible for any leasing fee or commission charge which OWNER may incur in attempting to re-lease the premises through a licensed real estate company. If TENANT’S actions or inactions result in any fines, attorney’s fees, costs or charges from or imposed by a condo association or homeowners association if in place, or governmental agency, TENANT shall be in default of this lease and shall be immediately required to pay such sums as additional rent.
Tenant Initials__________________
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ATTORNEY’S FEES: The prevailing party in any litigation between LANDLORD and TENANT concerning enforcement of the terms and conditions of the lease shall be entitled to reasonable attorney’s fees and court costs. LANDLORD and TENANT waive the right to demand a jury trial concerning any litigation between LANDLORD and TENANT regarding enforcement of the terms and conditions of this lease. UTILITIES: LANDLORD is responsible for providing the following utilities only: ____________________________________. The TENANT agrees to pay all charges and deposits for all other utilities and TENANT agrees to have all accounts for utilities immediately placed in TENANT name with accounts kept current throughout occupancy. Garbage and or trash removal is considered a utility under this lease. If the utilities which TENANT is responsible for are still in LANDLORD’S name at the time TENANT takes occupancy, TENANT agrees that LANDLORD shall order such utilities to be terminated. In the event a condominium association or homeowner’s association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide or pay for these removed services for TENANT. TENANT may opt to pay for non-essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the lease. If TENANT surrenders the premises early, abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the responsibility of the TENANT under the lease.
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VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational and properly parked. TENANT agrees to abide by all parking rules established now or in the future by LANDLORD or condo /homeowner association’s rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats or commercial vehicles are allowed on or about the premises without Landlord’s prior written approval. TENANT is not to repair or disassemble vehicles on the premises. Vehicles not meeting the above requirements and additional rules of LANDLORD are unauthorized vehicles subject to being towed at TENANT expense. Parking on the grass is prohibited. TENANT agrees to indemnify LANDLORD for any expenses incurred due to the towing of any vehicle belonging to the guest or invitee of TENANT. TENANT agrees that only the following vehicles will be parked on the premises: ___________________________ ____________________________________. MAINTENANCE/INSPECTION: TENANT agrees that they have fully inspected the premises and accepts the condition of the premises in ‘as is’ condition with no warranties or promises express or implied. TENANT shall maintain the premises in good, clean and tenantable condition throughout the tenancy, keep all plumbing fixtures in good repair, use all electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner, removing all garbage in a clean and sanitary manner. LANDLORD agrees to pay for any necessary repairs to the mechanical, electrical, plumbing, appliances, equipment, and other systems, provided, however, LANDLORD shall not be required to make any repairs unless and until the TENANT has given notice to the LANDLORD of the nature of repairs needed and a reasonable period of time to complete the repairs. Notwithstanding the above, if any repairs are necessitated by TENANT’S misuse or negligence, then TENANT shall be solely responsible for payment of the same plus any applicable taxes if required. In the event TENANT or TENANT’S guests or invitees cause any damage to the premises, LANDLORD may at its option repair same and TENANT shall pay for the expenses of same on demand or LANDLORD may require TENANT repair same, all charges incurred as additional rent. TENANT is responsible for the expense of any service calls requested by TENANT deemed to be unwarranted or unnecessary by service technician, or if the service technician deems the service call need is due to TENANT’S misuse,
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or if the service technician is unable to gain access due to TENANTS’S actions, even if the other terms of hit lease would ordinarily make the LANDLORD responsible for such a service call charge. TENANT shall be fully responsible for, and agrees to maintain and repair at TENANT’S expense, the following: A/C FILTERS, LOCKS/KEYS, SMOKE ALARM BATTERIES, SCREENS and EXTERMINATION INTERIOR. In the event a major repair to the premises must be made which will necessitate the TENANT’S vacating the premises, LANDLORD may at its option terminate this agreement and TENANT agrees to vacate the premises holding LANDLORD harmless for any damages suffered if any. TENANT shall notify LANDLORD immediately of any maintenance need or repair in writing. TENANT agrees that they shall immediately test the smoke detector and shall maintain same. In the event there is a garbage disposal on the premises, LANDLORD has the option to remove the garbage disposal if it fails and re-plumb accordingly. TENANT is responsible for replacing dead light bulbs. In the event the light bulbs cannot be replaced with the same type of bulb due to law changes and lack of availability, TENANT agrees to replace the bulbs with an equivalent wattage CFL or LED bulb. If any plumbing issues result from TENANT and/or guests flushing anything into the toilet other than human waste and toilet paper, TENANT shall be responsible for any costs or charges incurred.
E L P M A S
VACATING: At the expiration of this agreement or any extension, TENANT shall peaceably surrender the premises and turn in all keys and any other property owned by LANDLORD leaving the premises in good, clean condition, ordinary wear and tear excepted. TENANT agrees to have the carpeting cleaned professionally upon move-out or will incur a minimum carpet cleaning charge to be deducted from the security deposit in the amount of $150.00. In the event all keys are not returned upon move-out, there will be a minimum charge to be deducted from the security deposit in the amount of $75.00. In addition to any cleaning charges or any other charges due under the terms of this lease, TENANT agrees to a mandatory minimum unit cleaning charge to be deducted from the security deposit in the amount of $150.00. RENEWAL: LANDLORD or TENANT shall have 30 days to notify each other in writing prior to the lease expiration date of an intent not to renew the lease. If the required notice is not given by LANDLORD or TENANT, and TENANT vacates as of the lease expiration date, TENANT shall owe an additional month’s rent. If the required notice is not given by LANDLORD or TENANT, and no new lease is signed, the tenancy shall become a month-to-month tenancy, which may be terminated by TENANT or LANDLORD giving written notice not less than 15 days prior to the end of some subsequent monthly payment period. All other conditions of the lease shall remain in effect. Upon receiving proper notice from LANDLORD, if TENANT fails to vacate as of the lease expiration date or the end of any successive consensual period, TENANT shall additionally be held liable for holdover (double) rent thereafter. RIGHT OF ENTRY: LANDLORD, upon reasonable notice by telephone, hand-delivery or posting to TENANT, has the right of entry to the premises for showing, repairs, appraisals, inspections, or any other reason. LANDLORD has immediate right of entry in cases of emergency, or to protect or preserve the premises. TENANT shall not alter or add locks without prior written consent. If consent is given, TENANT must provide LANDLORD with a key to all locks. LANDLORD may place “For Sale” or “For Rent” signs on the premises at any time. CONDEMNATION, DAMAGE TO THE PREMISES, ACTS OF GOD and TERMINATION: If for any reason the premises are condemned by any governmental authority, destroyed, rendered uninhabitable, rendered dangerous to persons or property, and/or damaged through fire, water, smoke, wind, flood, act of God, nature or accident, or, if it becomes necessary, in the opinion of LANDLORD or its agent, that TENANT must vacate the premises in order for repairs to the premises to be undertaken, this lease shall, at LANDLORD’S option and upon 7 days written notice to TENANT, cease and shall terminate, TENANT agrees to and shall vacate and TENANT, if not in default of the lease, shall owe no further rent due under the terms of the lease. In such case, TENANT hereby waives all claims against LANDLORD for any damages suffered by such condemnation, damage, destruction or lease termination. TENANT agrees that in the
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event there are hurricane or storm shutters on the premises, TENANT will install same if there is a hurricane or tropical storm watch or warning in effect and/or at the request of the LANDLORD. If TENANT is unable to perform this task for any reason, TENANT agrees to notify LANDLORD as soon as any storm watch or warning is placed into effect. MOLD: LANDLORD reserves the right to terminate the tenancy and TENANT(s) agree to vacate the premises in the event LANDLORD in its sole judgment feels that either there is mold or mildew present in the dwelling unit which may pose a safety or health hazard to TENANT(s) or other persons and/or TENANT(s) actions or inactions are causing a condition which is conducive to mold growth. In the event it is determined by an HVAC or mold professional that TENANT is failing to use the air conditioning, and this is causing mold or mildew, LANDLORD shall have the right to terminate the lease agreement by giving the TENANT no less than 7 Days’ Notice and hold TENANT responsible for any damages caused by mold or mildew. MOLD ADDENDUM IS ATTACHED.
E L P M A S
WAIVERS: The rights of the LANDLORD under this lease shall be cumulative, and failure on the part of the LANDLORD to exercise promptly any rights given hereunder shall not operate to forfeit any other rights allowed by this lease or by law.
INDEMNIFICATION: TENANT agrees to reimburse LANDLORD upon demand in the amount of the loss, property damage, or cost of repairs or service (including plumbing trouble) caused by the negligence or improper use by TENANT, his agents, family or guests. TENANT at all times, will indemnify and hold harmless LANDLORD from all losses, damages, liabilities and expenses which can be claimed against LANDLORD for any injuries or damages to the person or property of any persons, caused by the acts, omissions, neglect or fault of TENANT, his agents, family or guests, or arising from TENANT’S failure to comply with any applicable laws, statutes, ordinances or regulations. DISPUTES AND LITIGATION: In the event of a dispute concerning the tenancy created by this agreement, TENANT agrees that if the premises are being managed by an agent for the record OWNER, TENANT agrees to hold agent, its heirs, employees and assigns harmless and shall look solely to the record owner of the premises in the event of a legal dispute. INTEGRATION: This lease and exhibits and attachments, if any, set forth the entire agreement between LANDLORD and TENANT concerning the premises, and there are no covenants, promises, agreements, conditions, or understandings, oral or written between them other than those herein set forth. If any provision in this agreement is illegal, invalid or unenforceable, that provision shall be void but all other terms and conditions of the agreement shall be in effect. MODIFICATIONS: No subsequent alteration, amendment, change or addition to this lease shall be binding upon LANDLORD unless reduced to writing and signed by the parties. RADON GAS: State law requires the following notice to be given: “Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit.” ABANDONED PROPERTY: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE
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FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY. ADDITIONAL STIPULATIONS: 1) TENANT acknowledges water/sewer and garbage are covered by the Association maintenance fees, which is the responsibility of the OWNER, and are subject to change or termination. ACCEPTANCE BY FACSIMILE AND/OR BY ELECTRONIC SIGNATURE BY ANY OF THE PARTIES SHALL CONSTITUTE VALID BINDING ACCEPTANCE OF THIS LEASE AGREEMENT AND ITS ADDENDA: MOLD ADDENDUM PET ADDENDUM
SIGNATURE PAGE
E L P M A S
_______________________________ TENANT _____________________________WITNESS
______________________________ TENANT _____________________________WITNESS
_____________________________ OWNER _____________________________WITNESS
_____________________________ OWNER _____________________________WITNESS
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MOLD ADDENDUM TO LEASE THIS ADDENDUM IS AGREED TO AND SHALL BE MADE PART OF THE LEASE AGREEMENT BETWEEN ____________________________________________(OWNER) AND _____________________________________(TENANTS) FOR THE PREMISES LOCATED AT____________________________________________________________. MOLD: Mold consists of naturally occurring microscopic organisms which reproduce by spores. Mold breaks down and feeds on organic matter in the environment. The mold spores spread through the air and the combination of excessive moisture and organic matter allows for mold growth. Not all, but certain types and amounts of mold can lead to adverse health effects and/ or allergic reactions. Not all mold is readily visible, but when it is, can often be seen in the form of discoloration, ranging from white to orange and from green to brown and black, and often there is a musty odor present. Reducing moisture and proper housekeeping significantly reduces the chance of mold and mold growth.
E L P M A S
CLIMATE CONTROL: Tenant(s) agree to use all air-conditioning, if provided, in a reasonable manner and use heating systems in moderation and to keep the premises properly ventilated by periodically opening windows to allow circulation of fresh air during dry weather only. OWNER OR AGENT RECOMMENDS THAT AIR CONDITIONING IS USED AT ALL TIMES.
TENANT(S) AGREE TO REPORT IN WRITING: • VISIBLE OR SUSPECTED MOLD
• ALL A/C OR HEATING PROBLEMS OR ABNORMALITIES
• LEAKS, MOISTURE ACCUMULATIONS, MAJOR SPILLAGE • PLANT WATERING OVERFLOWS
• SHOWER/BATH/SINK/TOILET OVERFLOWS
• LEAKY FAUCETS, PLUMBING, PET URINE ACCIDENTS • ANY AND ALL MOISTURE AND MUSTY ODORS
• DISCOLORATION OF WALLS, BASEBOARDS, DOORS, WINDOW FRAMES, CEILINGS • MOLDY CLOTHING, REFRIGERATOR AND A/C DRIP PAN OVERFLOWS • MOISTURE DRIPPING FROM OR AROUND ANY VENTS, A/C CONDENSER LINES • LOOSE, MISSING OR FAILING GROUT OR CAULK AROUND TUBS, SHOWERS, SINKS, FAUCETS, COUNTERTOPS, CLOTHES DRYER VENT LEAKS
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SMALL AREAS OF MOLD: If mold has occurred on a small non-porous surface such as ceramic tile, formica, vinyl flooring, metal, or plastic and the mold is not due to an ongoing leak or moisture problem, Tenant(s) agree to clean the areas with soap (or detergent) and a small amount of water, let the surface dry, and then, within 24 hours apply a non-staining cleaner such as Lysol Disinfectant, Pine-Sol Disinfectant (original pine-scented), Tilex Mildew Remover, or Clorox Cleanup. TERMINATION OF TENANCY: Owner or agent reserves the right to terminate the tenancy and TENANT(s) agree to vacate the premises in the event owner or agent in its sole judgment feels that either there is mold or mildew present in the dwelling unit which may pose a safety or health hazard to TENANT(s) or other persons and/or TENANT(s) actions or inactions are causing a condition which is conducive to mold growth. INSPECTIONS: TENANT(S) agree that Owner or agent may conduct inspections of the unit at any time with reasonable notice.
E L P M A S
VIOLATION OF ADDENDUM: IF TENANT(S) FAIL TO COMPLY WITH THIS ADDENDUM, Tenant(s) will be held responsible for property damage to the dwelling and any health problems that may result. Noncompliance includes but is not limited to Tenant(s) failure to notify Owner or Agent of any mold, mildew or moisture problems immediately IN WRITING. Violation shall be deemed a material violation under the terms of the Lease, and owner or agent shall be entitled to exercise all rights and remedies it possesses against TENANT(S) at law or in equity and TENANT(S) shall be liable to Owner for damages sustained to the Leased Premises. TENANT(S) shall hold Owner and Agent harmless for damage or injury to person or property as a result of TENANT(S) failure to comply with the terms of this Addendum. HOLD HARMLESS: If the premises is or was managed by an Agent of the Owner, TENANT(S) shall hold agent harmless and shall look solely to the property Owner in the event of any litigation or claims concerning injury, damage or harm suffered due to mold. PARTIES: THIS ADDENDUM IS BETWEEN THE TENANT(S) AND OWNER AND/OR AGENT MANAGING THE PREMISES. THIS ADDENDUM IS IN ADDITION TO AND MADE PART OF THE LEASE AGREEMENT AND IN THE EVENT THERE IS ANY CONFLICT BETWEEN THE LEASE AND THIS ADDENDUM, THE PROVISIONS OF THIS ADDENDUM SHALL GOVERN.
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PET ADDENDUM Consent is hereby granted to Tenant(s) to keep the described pet(s) on the leased premises, provided the below listed conditions are abided by: 1. Additional monthly fee of $______________ is added to the monthly rent as additional rent. 2. A non-refundable fee of $______________is paid by Tenant(s). 3. Additional security deposit of $__________________ is paid by Tenant(s). This sum may be used by Landlord to pay for any pet damage or for any other amounts due and owing under the terms of the lease agreement whether pet related or not upon Tenant(s) vacating the premises. 4. ONLY PET(S) SPECIFICALLY ON THIS AGREEMENT ARE ALLOWED AND SUCH PET MUST BE PRE APPROVED PRIOR TO BRINGING PET ON THE PREMISES. 5. Pet(s) must be kept on a leash at all times while it is outside of the premises. PETS ARE NOT ALLOWED TO RUN LOOSE AT ANY TIME. Tenant(s) agree to fully indemnify the Landlord, owner or agent for any damages arising out of injury to another person or to another pet by the pet(s). Pet(s) must not be tied or kept outside the door, in the hallways or on the balcony or lanais, if applicable. 6. Pet(s) must weigh under the weight limit of _________________ lbs. at all times. In the event any pet(s) have offspring, Tenant(s) will be in breach of this agreement. 7. Tenant(s) may be assigned a designated area to walk pet and Tenant(s) must walk pets in that area only. Tenant(s) are responsible for immediately cleaning up after pet(s) and must do so. 8. Tenant(s) will be responsible for FULL replacement and/or repair cost of carpet, walls, blinds, flooring or any other items damaged in any way by pet(s). Tenant(s) also will be responsible for the full cost of any exterminating that may be required because of pet(s).
E L P M A S
Tenant(s) agree that approval or denial of all pets(s) is at the sole discretion of owner or agent. Landlord, owner or agent reserves the right to withdraw consent at any time by giving the Tenant(s) 7 days written notice to remove pet(s) from the premises for any reason including but not limited to noise, barking, disturbances, damage, threatening behavior towards other tenants(s) or employees of the owner or agent. In the event the pet(s) are not removed after notice, Tenant(s) will be subject to eviction. Tenant(s) agree that keeping a pet on the premises is a revocable privilege and not a right. DESCRIPTION OF PET(S) Type____________Breed_______________Color_________NAME______________LBS_____ Type____________Breed_______________Color_________NAME______________LBS_____
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SAR AH D. WAYNE, P.A. REALTOR® | Luxury Rentals Director 239.289.2318 w sarah@gcipluxuryrentals.com
OLD NAPLES: 1144 Third Street South w Naples, Florida 34102 OLD NAPLES: 691 Fifth Avenue South w Naples, Florida 34102 PELICAN BAY: Waterside Shops w 5435-19 Tamiami Trail North w Naples, Florida 34108 BOCA GRANDE: 411 Park Avenue w Boca Grande, Florida 33921
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