Upload
others
View
6
Download
0
Embed Size (px)
Citation preview
Wynmoor Community Council, Inc. Lease Application 1
Welcome To Wynmoor
EFFECTIVE JANUARY 1, 2020
LEASE
APPLICATION Association Affairs office accepts applications for Leases
Monday through Friday - 8:00 a.m. to Noon
Seasonal Rental: If a tenant returns year after year, a completed application must accompany a new lease.
Annual Renewal:
Prior to the lease expiration, an updated lease is required, so the tenant is not removed from our computer.
For more information, please contact:
Nadine Ortiz, Sales and Lease Coordinator at 954.978.2600, ext. 318 Revised 01.02.20
Wynmoor Community Council, Inc. Lease Application 2
Wynmoor Community Application for Approval of Condominium Lease
What Every New Tenant Should Know Approval: The condominium association must approve each lease in writing. Each association has 30
days in which to approve the request. The minimum turn-around time is 30 days with no exceptions.
Requests for approval must be executed by the owner and the renter.
Age Requirements: Wynmoor qualifies for an exemption from the provisions of the Fair Housing Act as
amended by virtue of providing facilities for older persons, age 55 and over. In order to maintain this
exemption at least one occupant of each residence must be age 55 or over.
Investigation: An investigation or transfer fee of all potential occupants is payable at the time the request
for approval is submitted. Inquiries will be made into such matters as credit worthiness, police records,
and relations with previous neighbors. The fee is $100 per person (married couples counting as one).
Checks are made payable to the appropriate association.
Keys: The keys to your unit must conform to the community’s master lock system. Both residential and
mailbox keys are the responsibility of the tenant. Please contact our Maintenance Department at
954.978.2640 if you need a mail box key and/or change your locks. Mailbox keys and lock changes are at
the expense of the tenant. Use of the master key is restricted to use by the Wynmoor Security Department
and is utilized only in the event of medical emergency, or in the absence of the owner for a building
emergency to prevent damage to the residence, adjacent units or the common areas.
Gate Access: To utilize the gate access system, you must provide a cell phone number that will act as
your user name. If there are more than one unit owners, you must decide which cell phone number will be
utilized as your gate access user name. ONLY ONE NUMBER CAN BE USED AS YOUR GATE
ACCESS CODE.
Pet Restrictions: Wynmoor is a no pet community. Only approved service animals and emotional
support animals may be harbored on the property. Tenants must include all paperwork, including a letter
from the appropriate medical professional, shot records and a photograph of the animal if they are seeking
approval of a service animal and emotional support animal. All inquiries are forwarded to the association
attorney to determine if the information submitted meets the Federal guidelines.
Condominium Governing Documents: It is the responsibility of the TENANT(S) to become familiar
with rules of the community and abide by them. Tenants are responsible for actions of all family,
residents, guests, employees and service persons. In the event you violate rules, your rental may be
terminated.
I have read and understand the content of this page ___________________________________ Date: ___________
Wynmoor Community Council, Inc. Lease Application 3
What Every New Tenant Should Know
Identification Cards: Owners must surrender all Wynmoor personal identification cards to the
Association Affairs office on or before the date of rental. They may regain the cards after the rental has
ended and the tenants have surrendered their cards.
Collection Notice: If the owner of your apartment becomes delinquent for assessments owed to the
condominium association anytime during the term of the lease, the association will exercise its right in
accordance with Florida Statute 718.116 and force the tenant to pay the monthly rent directly to the
association with a right of eviction for non-compliance. Also in accordance with the new law, tenants
living in units of delinquent owners will lose their rights to usage of the common areas, including the
pools, the clubhouse, the fitness center and the theatre.
Cable Television: Inquiries regarding additional services, repair or requests to relocate equipment should
be directed to Comcast at 1-800-COMCAST.
Tax: The owner is responsible for paying Broward County Tourist Development Tax, in addition to State
Sales Tax. These taxes are in effect when rental period are less than six months. For further information,
please contact:
• Broward County Revenue Collection, Government Center, Room 218, 115 S. Andrews Avenue,
Fort Lauderdale, FL 33301.
• State of Florida, Department of Revenue, 3111North University Drive, Coral Springs, FL 33065.
Phone: (954) 346-3000.
NOTE: To expedite your application process, the Association Affairs office of the Wynmoor
Community Council is requesting all personal information, including financial statements be
printed in English, as allowed by Article II, Section 9 of the Florida Constitution. Any
applications containing information in a foreign language will be rejected.
I have read and understand the content of this page ___________________________________ Date: ___________
Wynmoor Community Council, Inc. Lease Application 4
Owner Information and Acknowledgement
Building # __________ Unit # __________ Condominium Name: ___________________________________
Owner(s) Name:___________________________________________________________________________
Owner(s) address during rental period: _________________________________________________________
______________________________________________________ Phone: ____________________________
Owner(s) Signature: ________________________________________________________________________
Renter Information and Acknowledgement
(ALL OCCUPANTS MUST BE LISTED ON THE LEASE) Please Submit:
❑ Completed Form ❑ Transfer Fee ❑ Executed Lease
❑ Proof of Age(s) for each Buyer/Occupant (Driver’s License or Birth Certificate)
FOREIGNERS MUST SUBMIT COPY OF PASSPORT
❑ Screening Form (Disclosure & Authorization Agreement)
A transfer fee in the amount of $100, made payable to the ABOVE NAMED Condominium Association must
accompany this application for each applicant (husband and wife count as one). Please note this payment is non-
refundable. Checks and money orders must be in U.S. Funds.
Term of Lease (not to exceed one year): From ______________________ To: _______________________
Renter’s Name: ____________________________________________________________ Age: ___________
Renter’s current address: ____________________________________________________________________
City: _______________________ State or Providence: ______ Zip: _________ Phone: ________________
Renter’s Cell Phone Number(s): ______________________________________________________________
Renter’s e-mail address (print clearly) _________________________________________________________
Renter’s Name (if applicable): _______________________________________________ Age: ___________
Renter’s current address: ____________________________________________________________________
City: _______________________ State or Providence: ______ Zip: _________ Phone: ________________
Renter’s Cell Phone Number(s): ______________________________________________________________
Renter’s e-mail address (print clearly) _________________________________________________________
Have you ever been convicted of a felony? ❑ Yes ❑ No
If yes, please provide details: ______________________________________________________
Wynmoor Community Council, Inc. Lease Application 5
Renter Information and Acknowledgement (Continued)
Vehicle Information (Only One Vehicle Is Permitted)
Make____________________ Model __________________________ Color ________________
Year __________ License Plate Number (State or Providence) _____________________________
NOTE: Second vehicles ARE NOT permitted and subject to removal at owner’s
expense.
Cell Phone # to be used for Gate Access System (one number only) ___________________________
Emergency Contact(s):
Name: __________________________________________ Relationship: _________________________
Address: ______________________________ City: __________________ State: _____ Zip: _________
Phone# _________________________________ Cell Phone: __________________________________
Name: __________________________________________ Relationship: _________________________
Address: ______________________________ City: __________________ State: _____ Zip: _________
Phone# _________________________________ Cell Phone: __________________________________
Name: __________________________________________ Relationship: _________________________
Address: ______________________________ City: __________________ State: _____ Zip: _________
Phone# _________________________________ Cell Phone: __________________________________
Approval: The condominium association must approve each lease in writing before the lease can be
concluded. Each condominium association must approve or disapprove any lease within 30 days
following the receipt of the request for approval and all required supporting materials. Submitted
applications must be single-sided. Double sided applications will be rejected. The minimum turn-
around time is 30 days with no exceptions.
Renter(s) acknowledge that we have read and agree to the terms and conditions set forth on Page 2 and 3
of this application and that the information provided on Pages 4-5 is correct. Renter(s) acknowledge and
agree to allow a background investigation and to allow the condominium association, its officers, agents
or employees to review the reports.
Tenant: ___________________________________ Tenant: __________________________________
Wynmoor Community Council, Inc. Lease Application 6
Wynmoor Application for Rental or Lease
For Office Use Below
Date Received & Paid: __________________________________________
Received By: __________________________________________________
Lease Start Date: _______________________________________________
Control Number: _______________________________________________
Check Number: ________________________________________________
Association Approval: (A Quorum of the Board Must Approve Lease)
Sale Approved for Building ________ Unit ________ in Association ____________________________
President:
Print: __________________________ Signature: __________________________ Date: ____________
Director:
Print: __________________________ Signature: __________________________ Date: ____________
Director:
Print: __________________________ Signature: __________________________ Date: ____________
Director:
Print: __________________________ Signature: __________________________ Date: ____________
Director:
Print: __________________________ Signature: __________________________ Date: ____________
Wynmoor Community Council, Inc. Lease Application 7
BUILDING NUMBER & UNIT NUMBER: _______________________________________________
NADINE ORTIZ
WYNMOOR COMMUNITY COUNCIL, INC.
SCREENING AUTHORIZATION
(Husband and Wife or Individual Applicants Complete This Sheet)
PRINT NAME: ____________________________ PRINT NAME: _____________________________
ADDRESS: __________________________________________________________________________
CITY, STATE, ZIP: ___________________________________________________________________
Social Security Number: ____________________ Date of Birth: _______________________________
Social Security Number: ____________________ Date of Birth: _______________________________
Current and Previous Landlords/Home Owners Association Information
Name: ____________________________ Telephone: ______________________ Year: ____________
Address: __________________________________________________________ Apt. # ____________
Name: ____________________________ Telephone: ______________________ Year: ____________
Address: __________________________________________________________ Apt. # ____________
Current Employment Information
Company: ______________________________________________ Phone #: _____________________
Supervisor: _________________________ Position: _________________ Salary per month: $ _______
I have read and signed the Disclosure and Authorized Agreement
ELECTRONIC SIGNATURES CANNOT BE ACCEPTED
Applicant’s Signature: _________________________________________________________________
Applicant’s Signature: _________________________________________________________________
Wynmoor Community Council, Inc. Lease Application 8
DISCLOSURE AND AUTHORIZATION AGREEMENT
REGARDING CONSUMER REPORTS
DISCLOSURE
A consumer report and/or investigation report including information concerning your character,
employment history, general reputation, personal characteristics, criminal record, education,
qualifications, motor vehicle record, mode of living, credit and/or indebtedness may be obtained in
connection with your application for and/or continued residence.
AUTHORIZATION
You hereby authorize and request, without any reservation, any present or former employer, school,
police department, financial institution, division of motor vehicles, consumer reporting agency, or other
persons or agencies having knowledge about you to furnish Brown’s Background Checks with any and all
background information in their possession regarding you, in order that your residence qualifications may
be evaluated.
READ, ACKNOWLEDGED AND AUTHORIZED
_________________________________________ _________________________________________
Print Name: Applicant Print Name: Applicant
_________________________________________ _________________________________________
Signature: Applicant Signature: Applicant
ELECTRONIC SIGNATURES CANNOT BE ACCEPTED
_________________________________________ _________________________________________
Date Date
Wynmoor Community Council, Inc. Lease Application 9
BUILDING NUMBER & UNIT NUMBER: _______________________________________________
NADINE ORTIZ
WYNMOOR COMMUNITY COUNCIL, INC.
SCREENING AUTHORIZATION
(Husband and Wife or Individual Applicants Complete This Sheet)
PRINT NAME: ____________________________ PRINT NAME: _____________________________
ADDRESS: __________________________________________________________________________
CITY, STATE, ZIP: ___________________________________________________________________
Social Security Number: ____________________ Date of Birth: _______________________________
Social Security Number: ____________________ Date of Birth: _______________________________
Current and Previous Landlords/Home Owners Association Information
Name: ____________________________ Telephone: ______________________ Year: ____________
Address: __________________________________________________________ Apt. # ____________
Name: ____________________________ Telephone: ______________________ Year: ____________
Address: __________________________________________________________ Apt. # ____________
Current Employment Information
Company: ______________________________________________ Phone #: _____________________
Supervisor: _________________________ Position: _________________ Salary per month: $ _______
I have read and signed the Disclosure and Authorized Agreement
ELECTRONIC SIGNATURES CANNOT BE ACCEPTED
Applicant’s Signature: _________________________________________________________________
Applicant’s Signature: _________________________________________________________________
Wynmoor Community Council, Inc. Lease Application 10
DISCLOSURE AND AUTHORIZATION AGREEMENT
REGARDING CONSUMER REPORTS
DISCLOSURE
A consumer report and/or investigation report including information concerning your character,
employment history, general reputation, personal characteristics, criminal record, education,
qualifications, motor vehicle record, mode of living, credit and/or indebtedness may be obtained in
connection with your application for and/or continued residence.
AUTHORIZATION
You hereby authorize and request, without any reservation, any present or former employer, school,
police department, financial institution, division of motor vehicles, consumer reporting agency, or other
persons or agencies having knowledge about you to furnish Brown’s Background Checks with any and all
background information in their possession regarding you, in order that your residence qualifications may
be evaluated.
READ, ACKNOWLEDGED AND AUTHORIZED
_________________________________________ _________________________________________
Print Name: Applicant Print Name: Applicant
_________________________________________ _________________________________________
Signature: Applicant Signature: Applicant
ELECTRONIC SIGNATURES CANNOT BE ACCEPTED
_________________________________________ _________________________________________
Date Date
Wynmoor Community Council, Inc. Lease Application 11
WYNMOOR DISCLOSURE AND AUTHORIZATION AGREEMENT
REGARDING CANADIAN CREDIT REPORTS
FOR CANADIAN RESIDENTS ONLY
Each Applicant Must Complete
Separate Forms
The applicant must provide all the requested information. Failure to accurately disclose all of the
information may result in the offer of residency being revoked or residency being terminated.
I understand that I am providing the following information for identification purposes only.
_____________________________________________________________________________________________
SURNAME GIVEN NAME MIDDLE NAME DATE OF BIRTH MALE OR FEMALE
(Full name, not initial) (yy/mm/dd)
PREVIOUS SURNAME(S) (E.G. FORMER MARRIAGE, MAIDEN NAME: ________________________________________
________________________________________________________________________________________________________
COMPLETE STREET ADDRESS, CITY, POSTAL CODE PHONE NUMBER
PREVIOUS ADDRESS IF CHANGED IN LAST FIVE YEARS: __________________________________________________
SOCIAL INSURANCE NUMBER (SIN) ______________________________________________________________________
OCCUPATION_________________________________ DRIVER’S LICENSE NUMBER: _____________________________
I have applied to Wynmoor for Residency. Part of the approval process is an investigation of information I have
provided. These investigations are conducted by Wynmoor’s agent, and/or Brown’s Background Checks.
I hereby declare that, to the best of my knowledge, the information I provided both verbally and on my application
form is complete and accurate in every respect. I understand that a false statement may disqualify me from
residency at WYNMOOR.
Applicant’s Signature: ______________________________________ Date: ___________
As the signing witness for (applicant’s name) _______________________________ I certify that, on the applicant’s
Consent for Search and Release of Personal Information, I have confirmed that the Name and Date of Birth of the
applicant are correct based on TWO government issued pieces of identification. I also confirm that based on a piece
of photo identification provided, I have compared their picture to person. I have confirmed that their name and Date
of Birth are printed clearly and follow the format provided of Day/Month/Year.
Signature of Witness : _______________________________________ Date: _____________
Wynmoor Community Council, Inc. Lease Application 12
WYNMOOR DISCLOSURE AND AUTHORIZATION AGREEMENT
REGARDING CANADIAN CREDIT REPORTS
FOR CANADIAN RESIDENTS ONLY
Each Applicant Must Complete
Separate Forms
The applicant must provide all the requested information. Failure to accurately disclose all of the
information may result in the offer of residency being revoked or residency being terminated.
I understand that I am providing the following information for identification purposes only.
_____________________________________________________________________________________________
SURNAME GIVEN NAME MIDDLE NAME DATE OF BIRTH MALE OR FEMALE
(Full name, not initial) (yy/mm/dd)
PREVIOUS SURNAME(S) (E.G. FORMER MARRIAGE, MAIDEN NAME: ________________________________________
________________________________________________________________________________________________________
COMPLETE STREET ADDRESS, CITY, POSTAL CODE PHONE NUMBER
PREVIOUS ADDRESS IF CHANGED IN LAST FIVE YEARS: __________________________________________________
SOCIAL INSURANCE NUMBER (SIN) ______________________________________________________________________
OCCUPATION_________________________________ DRIVER’S LICENSE NUMBER: _____________________________
I have applied to Wynmoor for Residency. Part of the approval process is an investigation of information I have
provided. These investigations are conducted by Wynmoor’s agent, and/or Brown’s Background Checks.
I hereby declare that, to the best of my knowledge, the information I provided both verbally and on my application
form is complete and accurate in every respect. I understand that a false statement may disqualify me from
residency at WYNMOOR.
Applicant’s Signature: ______________________________________ Date: ___________
As the signing witness for (applicant’s name) _______________________________ I certify that, on the applicant’s
Consent for Search and Release of Personal Information, I have confirmed that the Name and Date of Birth of the
applicant are correct based on TWO government issued pieces of identification. I also confirm that based on a piece
of photo identification provided, I have compared their picture to person. I have confirmed that their name and Date
of Birth are printed clearly and follow the format provided of Day/Month/Year.
Signature of Witness : _______________________________________ Date: _____________
Wynmoor Community Council, Inc. Lease Application 13
The following lease agreement is provided for
your convenience. Owners and realtors can
provide their own lease agreement with this
application.
A signed and fully executed lease agreement
must accompany this application in order for us
to process.
Wynmoor Community Council, Inc. Lease Application 14
Florida Residential Lease Agreement
THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this
____________ day of ____________________________, 20____ by and between
____________________________________________ (hereinafter referred to as "Landlord") and
____________________________________________ (hereinafter referred to as "Tenant").
WITNESSETH :
WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in Broward
County, Florida, such real property having a street address of
_________________________________________________ (hereinafter referred to as the "Premises").
WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained
herein; and
WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as
contained herein;
NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto hereby agree as follows:
1. TERM. This Agreement shall commence on _____________________________ 20_______
Lease: This Agreement shall continue as a lease for term. The termination date shall be on (date)
___________________ at 11:59 PM. Upon termination date, Tenant shall be required to vacate
the Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally
extend this Agreement in writing or create and execute a new, written, and signed agreement; (ii)
local rent control law mandates extension of the tenancy; or (iii) Landlord willingly accepts new
Rent from Tenant, which does not constitute past due Rent. In the event that Landlord accepts
from Tenant new rent, a month-to-month tenancy shall be created. Either party may terminate this
month-to-month tenancy by following the procedures specified in paragraph 1A. Rent shall
continue at the rate specified in this Agreement, or as allowed by law. All other terms and
conditions as outlined in this Agreement shall remain in full force and effect.
2. Rent: Under the terms of this Agreement, "Rent" shall consist of all monetary obligations owed
to Landlord by Tenant in accordance with this Agreement. However, the Security Deposit shall
not be considered Rent. Tenant shall pay to Landlord $______________ per month as Rent for
the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar
month and shall be considered advance payment for that month. If not remitted on the 1st, Rent
shall be considered overdue and delinquent on the 2nd day of each calendar month. In the event
that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the
Commencement Date shall be prorated based on a 30-day period.
Acceptable forms of payment of Rent to Landlord shall be [check all that apply]:
____ personal check, ____ money order, ____ cashier’s check, or ____ other:
Wynmoor Community Council, Inc. Lease Application 15
Payment shall be made to Landlord under the following name(s) and address:
_____________________________________________________________________________
_____________________________________________________________________________
In the event that any payment by Tenant is returned for insufficient funds ("NSF") or if Tenant
stops payment, Landlord may require in writing that Tenant pay Rent in cash for three months,
and that all future Rent payments shall be remitted by Tenant to Landlord by money order or
cashier's check.
3. Security Deposit: Upon the due execution of this Agreement, Tenant shall deposit with
Landlord the sum of $______________ receipt of which is hereby acknowledged by Landlord, as
security for any damage caused to the Premises during the term hereof. Such deposit shall be
returned to Tenant, without interest, and less any set off for damages to the Premises upon the
termination of this Agreement.
Landlord will hold Tenant's security deposit in an account in the following Florida banking
institution: _____________________________________________. Landlord will not
commingle the security deposit funds with those funds in the Landlord's primary bank account.
Rather, Landlord will maintain the security deposit funds in a separate non-interest bearing
account for the benefit of the Tenant. Accordingly, Tenant will NOT receive any interest on the
security deposit.
In accordance with Florida law (Florida Statute Section 83.49), Landlord is required to include in
Tenant's lease the following provisions regarding return of security deposits. Florida Statute
Section 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 the
tenant written notice by certified mail to the tenant's last know 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 Tenant's security deposit, due to
___________. It is sent to you as required by s.83.49(3), Florida Statutes. You are hereby notified
that you must object in writing to this deduction from you 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. Tenant's 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.
Wynmoor Community Council, Inc. Lease Application 16
(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 an 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 s.475.25(1)(d).
4. Use of Premises: The Premises shall be used and occupied by Tenant and Tenant's immediate
family, consisting of _____________________________________________ exclusively, as a
private single family dwelling, and no part of the Premises shall be used at any time during the
term of this Agreement by Tenant for the purpose of carrying on any business, profession, or
trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall
not allow any other person, other than Tenant's immediate family or transient relatives and friends
who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written
consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of
any and all governmental or quasi-governmental authorities affecting the cleanliness, use,
occupancy and preservation of the Premises.
5. Condition of Premises: Tenant stipulates, represents and warrants that Tenant has examined the
Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and
tenantable condition.
6. Assignment and Sub-letting: Tenant shall not assign this Agreement, or sub-let or grant any
license to use the Premises or any part thereof without the prior written consent of Landlord. A
consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a
consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or
license without the prior written consent of Landlord or an assignment or sub-letting by operation
of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement.
7. Alterations and Improvements: Tenant shall make no alterations to the buildings or
improvements on the Premises or construct any building or make any other improvements on the
Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or
improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise
provided by written agreement between Landlord and Tenant, be and become the property of
Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.
8. Non-Delivery of Possession: In the event Landlord cannot deliver possession of the Premises to
Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents,
then Landlord or its agents shall have no liability, but the rental herein provided shall abate until
possession is given. Landlord or its agents shall have thirty (30) days in which to give
possession, and if possession is tendered within such time, Tenant agrees to accept the demised
Premises and pay the rental herein provided from that date. In the event possession cannot be
delivered within such time, through no fault of Landlord or its agents, then this Agreement and all
rights hereunder shall terminate.
9. Hazardous Materials: Tenant shall not keep on the Premises any item of a dangerous,
flammable or explosive character that might unreasonably increase the danger of fire or explosion
Wynmoor Community Council, Inc. Lease Application 17
on the Premises or that might be considered hazardous or extra hazardous by any responsible
insurance company.
10. Utilities: Tenant shall be responsible for arranging for and paying for all utility services required
on the Premises.
11. Maintenance and Repair, Rules: Tenant will, at its sole expense, keep and maintain the
Premises and appurtenances in good and sanitary condition and repair during the term of this
Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant
shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which
shall be used for the purposes of ingress and egress only;
(b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean
order and repair;
(c) Not obstruct or cover the windows or doors;
(d) Not leave windows or doors in an open position during any inclement weather;
(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony
nor air or dry any of same within any yard area or space;
(f) Not cause or permit any locks or hooks to be placed upon any door or window without
the prior written consent of Landlord;
(g) Keep all air conditioning filters clean and free from dirt;
(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good
order and repair and shall use same only for the purposes for which they were
constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other
substances to be thrown or deposited therein. Any damage to any such apparatus and
the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
(i) And Tenant's family and guests shall at all times maintain order in the Premises and at
all places on the Premises, and shall not make or permit any loud or improper noises,
or otherwise disturb other residents;
(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of
sound that does not annoy or interfere with other residents;
(k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefore and
shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to
stand on the exterior of any building or within the common elements;
(l) Abide by and be bound by any and all rules and regulations affecting the Premises or
the common area appurtenant thereto which may be adopted or promulgated by the
Condominium or Homeowners' Association having control over them.
12. Damage to Premises: In the event the Premises are destroyed or rendered wholly uninhabitable
by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this
Agreement shall terminate from such time except for the purpose of enforcing rights that may
have then accrued hereunder. The rental provided for herein shall then be accounted for by and
between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant
paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should
a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of
either repairing such injured or damaged portion or terminating this Lease. In the event that
Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the
proportion that the injured parts bears to the whole Premises, and such part so injured shall be
restored by Landlord as speedily as practicable, after which the full rent shall recommence and
the Agreement continue according to its terms.
Wynmoor Community Council, Inc. Lease Application 18
13. Inspection of Premises: Landlord and Landlord's agents shall have the right at all reasonable
times during the term of this Agreement and any renewal thereof to enter the Premises for the
purpose of inspecting the Premises and all buildings and improvements thereon. And for the
purposes of making any repairs, Landlord may deem additions or alterations as appropriate for
the preservation of the Premises or the building. Landlord and its agents shall further have the
right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on
the Premises at any time within forty-five (45) days before the expiration of this Lease. The
right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations
or additions that do not conform to this Agreement or to any restrictions, rules or regulations
affecting the Premises.
14. Subordination of Lease: This Agreement and Tenant's interest hereunder are and shall be
subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter
placed on the Premises by Landlord, all advances made under any such mortgages, liens or
encumbrances (including, but not limited to, future advances), the interest payable on such
mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such
mortgages, liens or encumbrances.
15. Tenant’s Hold Over: If Tenant remains in possession of the Premises with the consent of
Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month
shall be created between Landlord and Tenant which shall be subject to all of the terms and
conditions hereof except that rent shall then be due and owing at $ ___________ per month and
except that such tenancy shall be terminable upon thirty (30) days written notice served by either
party.
16. Surrender of Premises: Upon the expiration of the term hereof, Tenant shall surrender the
Premises in as good a state and condition as they were at the commencement of this Agreement,
reasonable use and wear and tear thereof and damages by the elements accepted.
17. Animals: Pets are not allowed.
18. Quiet Enjoyment: Tenant, upon payment of all of the sums referred to herein as being payable
by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's
observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy
said Premises for the term hereof.
19. Indemnification: LANDLORD SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY
OF OR TO THE TENANT, TENANT'S FAMILY, GUESTS, INVITEES, AGENTS OR
EMPLOYEES OR TO ANY OTHER PERSON ENTERING THE PREMISES OR ANY
BUILDING THAT IS A PART OR LIES UPON THE PREMISES, OR TO GOODS OR
EQUIPMENT, OR IN THE STRUCTURE OR EQUIPMENT OF THE STRUCTURE OF
WHICH THE PREMISES ARE A PART, AND TENANT HEREBY AGREES TO
INDEMNIFY, DEFEND AND HOLD LANDLORD HARMLESS FROM ANY AND ALL
CLAIMS OR ASSERTIONS OF EVERY KIND AND NATURE. THIS INDEMNIFICATION
INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGE OR INJURY WHICH MAY BE
INCURRED BY TENANT, TENANT'S FAMILY, GUESTS, INVITEES, AGENTS OR
EMPLOYEES OR TO ANY OTHER PERSON FOR DAMAGE OR INJURIES THAT ARISE
FROM ANY CONTACT, ATTACK OR INTERACTION FROM OR WITH ANY ANIMALS,
DOMESTIC OR WILD, WHETHER SUCH DAMAGE OR INJURY OCCURS ON THE
PREMISES OR OFF, AND TENANT HOLDS HARMLESS THE LANDLORD FROM ANY
Wynmoor Community Council, Inc. Lease Application 19
AND ALL CLAIMS OR ASSERTIONS OF EVERY KIND AND NATURE FOR ANY
DAMAGE OR INJURY TENANT ATTRIBUTES TO ANY ABSENCE OR FAILURE OF
FENCING THAT MAY BE ON OR SURROUNDING THE PREMISES.
20. Default:. If Landlord determines that the Tenant is in default of this Agreement, Landlord shall
provide Tenant with a notice of default, and Tenant shall have a limited number of days to cure
the default unless otherwise excepted: (a) for the failure to pay rent when due, Tenant shall have
three (3) days to cure; (b) for activities in contravention of this Agreement (including but not
limited to having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized
manner or permitting such parking; or failing to keep the premises clean and sanitary), the Tenant
shall have seven (7) days to cure. If Tenant fails to cure the default within the required time
frame, Landlord may immediately terminate this Agreement, and Tenant shall immediately
vacate the Premises and shall return the keys to Landlord. However, if Tenant’s default is of a
nature that Tenant should not be given an opportunity to cure the default (including but not
limited to destruction, damage, or misuse of Landlord's or other tenants' property by intentional
act or a subsequent or continued unreasonable disturbance), or if the default constitutes a
subsequent or continuing default within twelve (12) months of a written warning by Landlord of a
similar violation, Landlord may deliver a written notice to Tenant specifying the default and
Landlord's intent to terminate this Agreement. In such event, Landlord may terminate this
Agreement, and Tenant shall have seven (7) days from the date that the notice is delivered to
vacate the premises. In addition, if this Agreement is terminated pursuant to this paragraph,
Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be
immediately due and payable and may exercise any and all rights and remedies available to
Landlord at law or in equity.
21. Late Charge: In the event that any payment required to be paid by Tenant hereunder is not made
within three (3) days of when due, Tenant shall pay to Landlord, in addition to such payment or
other charges due hereunder, a "late fee" in the amount of $__________.
22. Abandonment: If at any time during the term of this Agreement Tenant abandons the Premises
or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the
manner provided by law, and without becoming liable to Tenant for damages or for any payment
of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, re-let the
Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the
then un-expired term, and may receive and collect all rent payable by virtue of such re-letting,
and, at Landlord's option, hold Tenant liable for any difference between the rent that would have
been payable under this Agreement during the balance of the un-expired term, if this Agreement
had continued in force, and the net rent for such period realized by Landlord by means of such re-
letting. If Landlord's right of reentry is exercised following abandonment of the Premises by
Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the
Premises to also have been abandoned, in which case Landlord may dispose of all such personal
property in any manner Landlord shall deem proper and Landlord is hereby relieved of all
liability for doing so. BY SIGNING THIS AGREEMENT, TENANT AGREES THAT UPON
SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA
STATUTES, LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE
OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
23. Attorney’s Fees: Should it become necessary for Landlord to employ an attorney to enforce any
of the conditions or covenants hereof, including the collection of rentals or gaining possession of
the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee.
Wynmoor Community Council, Inc. Lease Application 20
24. Recording of Agreement: Tenant shall not record this Agreement on the Public Records of any
public office. In the event that Tenant shall record this Agreement, this Agreement shall, at
Landlord's option, terminate immediately and Landlord shall be entitled to all rights and remedies
that it has at law or in equity.
25. Governing Law: This Agreement shall be governed, construed and interpreted by, through and
under the Laws of the State of Florida.
26. Severability: If any provision of this Agreement or the application thereof shall, for any reason
and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the
application of the provision to other persons, entities or circumstances shall be affected thereby,
but instead shall be enforced to the maximum extent permitted by law.
27. Binding Effect: The covenants, obligations and conditions herein contained shall be binding on
and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.
28. Descriptive Headings: The descriptive headings used herein are for convenience of reference
only and they are not intended to have any effect whatsoever in determining the rights or
obligations of the Landlord or Tenant.
29. Construction: The pronouns used herein shall include, where appropriate, either gender or both,
singular and plural.
30. Non-Waiver: No indulgence, waiver, election or non-election by Landlord under this Agreement
shall affect Tenant's duties and liabilities hereunder.
31. Modification: The parties hereby agree that this document contains the entire agreement between
the parties and this Agreement shall not be modified, changed, altered or amended in any way
except through a written amendment signed by all of the parties hereto.
32. Waiver of Jury Trial: LANDLORD AND TENANT HAVE SPECIFICALLY WAIVED THE
RIGHT TO A JURY TRIAL CONCERNING ANY DISPUTES WHICH MAY ARISE
CONCERNING THIS AGREEMENT, SPECIFICALLY BUT NOT LIMITED TO, ANY
ISSUES INVOLVING TENANT'S TENANCY.
33. Additional Provisions; Disclosures:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Wynmoor Community Council, Inc. Lease Application 21
___________________________________________________________________________
__________________________________________________________________
Landlord should note above any disclosures about the premises that may be required under
Federal or Florida law, such as known lead-based paint hazards in the Premises. The Landlord
should also disclose any flood hazards.
As to Landlord this ______ day of ________________________, 20_____.
LANDLORD:
Sign: ____________________________________________________
Print: _________________________________ Date: ______________
As to Tenant, this ______ day of ________________________, 20_____.
TENANT ("Tenant"):
Sign: _____________________________________________________
Print: __________________________________ Date: ______________
TENANT:
Sign: _____________________________________________________
Print: __________________________________ Date: ______________