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Tenant Lease

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  Portions of your lease agreement has been left out. The parts that are left out are the followings: Names, Address, Dates, Rent/Deposit Amounts, & Signature  Lines. The rest of your lease , is complete.   

  This Rental Agreement and/or Lease shall evidence the complete terms and conditions under which the parties whose names and signatures appear below have agreed. Landlord/Lessor, Oscar Sanchez shall be referred to as "OWNER" and Tenant(s)/Lessee shall be referred to as "RESIDENT." As consideration for this agreement, OWNER agrees to rent/lease to RESIDENT and RESIDENT agrees to rent/lease from OWNER for use solely as a private residence

The demised premises shall be used and occupied by RESIDENT exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time during the term of this lease by RESIDENT 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 residence. RESIDENT shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease.

 

1. TERMS AND RENT: RESIDENT agrees to pay in advance $per month on the 1st day of each month. This agreement is for a term of one year and shall commence on and continue until as a leasehold. Thereafter it shall become a month-to-month tenancy. If RESIDENT should move from the premises prior to the expiration of this time period, the deposit will not be returned and he/she shall be liable for all rent due until such time that the Residence is occupied by an OWNER approved paying RESIDENT and/or expiration of said time period, whichever is shorter. If at any time during the term of this lease, RESIDENT abandons the demised premises or any part thereof, OWNER may, at his option, enter the demised premises by any means without being liable for any prosecution therefore, and without becoming liable to RESIDENT for damages or for any payment of any kind. If OWNER’S right of re-entry is exercised fol­lowing abandonment of the premises by RESIDENT, then OWNER may consider any personal property belonging to RESIDENT and left on the premises to also have been abandoned, in which case OWNER may dispose of all such personal property in any manner OWNER shall deem proper and is hereby relieved of all liability for doing so. RESIDENT is responsible for the cost of disposing such personal property.

2. PAYMENTS: Rent and/or other charges are to be paid at such place or method designated by OWNER as follows: personally to OWNER, Mercedes Sanchez, or a person designated by OWNER.  OWNER will inform you of the person designated to collect the rent in your premises. Do Not Pay your rent to anyone, unless OWNER, personally informed you of their authorization. All payments are to be made by cash, money order or checks. Checks must be from an approved local Miami Beach Bank. OWNER acknowledges receipt of the First Month's rent of $, Last Month’s rent of $, and a Security Deposit of $, and additional charges/fees for pets $, for a total payment of $. All payments are to be made payable to Oscar Sanchez

3. SECURITY DEPOSITS: The total of the above deposits shall secure compliance with the terms and conditions of this agreement and shall be refunded without interest, except where required by law, to RESIDENT within 30 days after the premises have been completely vacated less any amount necessary to pay OWNER; a) any unpaid rent, b) cleaning costs, c) key replacement costs, d) cost for repair of damages to premises and/or common areas above ordinary wear and tear, and e) any other amount legally allowable under the terms of this agreement. A written accounting of said charges shall be presented to RESIDENT within 30 days of move-out. If deposits do not cover such costs and damages, RESIDENT shall immediately pay said additional costs for damages to OWNER.  If RESIDENT terminates this lease for any reason, the deposit will not be returned.  RESIDENT must give OWNER a written notice of their intent to move out 60 days prior of moving out. If RESIDENT does not give OWNER the 60 day notice of their intent to move out, RESIDENT will not receive their deposit back.  

4. LATE PAYMENT AND RETURNED CHECK: RESIDENT’S rent is due on the first of the month and is late on the 5th of the month. A late fee of $ 40.00 shall be added to RESIDENT’S rent if RESIDENT’S rent is not received by the 7th day of the month. If rent payment including late fees are not received by the 10th of the month, the RESIDENT will receive a three day notice witch then starts the eviction process. RETURNED CHECK: If for any reason, a check used by RESIDENT to pay OWNER is returned or the check has no funds in the account, a $40.00 fee will be charged to RESIDENT’S account. If RESIDENT’S check is returned or has no funds after the 7th day of the month, an additional $40.00 late fee will be added to RESIDENT’S $40.00 RETURNED CHECK FEE. After the first time a RESIDENT’S check is returned or has no funds, RESIDENT must thereafter pay with cash or a money order for payment of rent and fees. 

5. UTILITIES: RESIDENT agrees to pay all utilities and/or services based upon occupancy of the premises except .

6. OCCUPANTS: Guest(s) staying over 15 days without the written consent of OWNER shall be considered a breach of this agreement. ONLY the following individuals and/or animals, AND NO OTHERS shall occupy the subject residence for more than 15 days unless the expressed written consent of OWNER is obtained in advance. If  RESIDENT’S Guest(s) are staying over 15 days, RESIDENT must obtain a written consent from OWNER and a $25.00 monthly fee will be added to RESIDENT’S account for each individual Guest(s). RESIDENT’S Guest(s) must fill out an application form. If approved, guest(s) must be added to RESIDENT’S lease. If RESIDENT’S guest(s) leaves before RESIDENT’S lease expire, let OWNER know so OWNER may remove guest(s) from RESIDENT’S lease and RESIDENT’S monthly rent payments be adjusted accordingly.   

7. PETS: No animal, fowl, fish, reptile, dog and/or pet of any kind shall be kept on or about the premises, for any amount of time, without obtaining the prior written consent and meeting the requirements of OWNER. Such consent if granted, shall be revocable at OWNER'S option upon giving a 30 day written notice. In the event laws are passed or permission is granted to have a pet and/or animal of any kind, an additional deposit in the amount of $ shall be required along with additional monthly rent of $ along with the signing of OWNER'S Pet Agreement. RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible liability and damages that may be caused by such animals.

8. LIQUID FILLED FURNISHINGS: No liquid filled furniture, receptacle containing more than ten gallons of liquid is permitted without prior written consent and meeting the requirements of OWNER. RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible losses that may be caused by such items.

9. PARKING: When and if RESIDENT is assigned a parking area/space on OWNER'S property, the parking area/space shall be used exclusively for parking of passenger automobiles and/or those approved vehicles listed on RESIDENT'S Application attached hereto. RESIDENT is hereby assigned or permitted to park only in the following area or space . The parking fee for this space (if applicable is $ monthly. Said space shall not be used for the washing, painting, or repair of vehicles. No other parking space shall be used by RESIDENT or RESIDENT'S guest(s). RESIDENT is responsible for oil leaks and other vehicle discharges for which RESIDENT shall be charged for cleaning if deemed necessary by OWNER.

10. NOISE: RESIDENT agrees not to cause or allow any noise or activity inside RESIDENT’S apartment and on the premises which might disturb the peace and quiet of another RESIDENT and/or neighbor. Said noise and/or activity shall be a breach of this agreement. Activities may include but are not exclusive to the following: Loud music, loud TV, and loud conversations specially during the hours of 10PM through 9AM

11. DESTRUCTION OF PREMISES: If the premises become totally or partially destroyed during the term of this Agreement so that RESIDENT'S use is seriously impaired, OWNER or RESIDENT may terminate this Agreement immediately upon three day written notice to the other.

12. CONDITION OF PREMISES: RESIDENT acknowledges that he/she has examined the premises and that said premises, all furnishings, fixtures, furniture, plumbing, heating, electrical facilities, and/or all other items provided by OWNER are all clean, and in good satisfactory condition except as may be indicated elsewhere in this Agreement. RESIDENT stipulates that he/she has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease, in good order, repair, and a safe, clean, and tenantable condition. RESIDENT agrees to keep the premises and all items in good order and good condition and to immediately pay for costs to repair and/or replace any portion of the above damaged by RESIDENT, his guests and/or invitees, except as provided by law. At the termination of this Agreement, all of above items in this provision shall be returned to OWNER in clean and good condition except for reasonable wear and tear and the premises shall be free of all personal property and trash not belonging to OWNER. It is agreed that all dirt, holes, tears, burns, and stains of any size or amount in the carpets, drapes, walls, fixtures, and/or any other part of the premises, do not constitute reasonable wear and tear.

13. ALTERATIONS: RESIDENT shall not paint, wallpaper, alter or redecorate, change or install locks, install antenna or other equipment, screws, fastening devices, large nails, or adhesive materials, place signs, displays, or other exhibits, on or in any portion of the premises without the written consent of OWNER except as may be provided by law. RESIDENT shall make no alterations or improvements to the building or RESIDENT’S apartment without the prior written consent of  OWNER. This includes additional air-conditioning units in the apartment, painting the apartment, adding screen doors, washer, dryer, dishwasher, garbage disposal etc. All alterations, changes, and improvements, built, constructed, or placed on the premises by RESIDENT, shall be the property of the OWNER and it will remain on the premises at the expiration or sooner termination of the lease. Unless a written agreement between RESIDENT and OWNER, was created.

14: PROPERTY MAINTENANCE AND REPAIR: RESIDENT shall deposit all garbage and waste in a clean and sanitary manner into the proper receptacles and shall cooperate in keeping the garbage area neat and clean. RESIDENT shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage hauler. RESIDENT shall be responsible for keeping the kitchen and bathroom drains free of things that may tend to cause clogging of the drains. RESIDENT shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks if RESIDENT is found at fault. RESIDENT will, keep and maintain the leased premises and apartment in good and sanitary condition during the term of this lease and any renewal thereof.  In particular, RESIDENT shall keep the fixtures in the apartment or on or about the leased premises in good order; keep the stove clean; keep the refrigerator clean  and keep the walk way free from dirt and debris. If RESIDENT’S electric power is turned off, RESIDENT must disconnect all appliances, especially the refrigerator. If damages occur to any of OWNER’S appliances due to the power turned off by negligence of RESIDENT, RESIDENT will be responsible for the repair or replacement cost(s) of that appliance or appliances. RESIDENT at their sole expense, shall make all required repairs to the plumbing, stove, refrigerator, air conditioners, and electric and gas fixtures whenever damage thereto shall have resulted from the RESIDENTS misuse, waste, or neglect or that of RESIDENT’S employee, family, agent, or visitor. Major maintenance and repair of the leased premises, and appliances mentioned above, not due to RESIDENT’S misuse, waste, or neglect or that of RESIDENT’S employee, family, agent, or visitor, shall be the responsibility of  the OWNER or OWNER’S employees.

15. HOUSE RULES/TENANT POLICIES:  RESIDENT shall comply with all house rules as stated below in item number 28, TENANT POLICIES: item number 28, is a very important part of this rental agreement, and a violation of any of the tenant policies, is considered a breach of this agreement.

16. CHANGE OF TERMS: The terms and conditions of this agreement are subject to future change by OWNER after the expiration of the agreed lease period upon 30-day written notice setting forth such change and delivered to RESIDENT. Any changes are subject to laws in existence at the time of the Notice of Change Of Terms.

17. TERMINATION: After expiration of the leasing period, this agreement is automatically renewed from month to month, but may be terminated by either party giving to the other a 30-day written notice of intention to terminate. Where laws require "just cause", such just cause shall be so stated on said notice. The premises shall be considered vacated only after all areas including storage areas are clear of all RESIDENT'S belongings, and keys and other property furnished for RESIDENT'S use are returned to OWNER. Should the RESIDENT hold over beyond the termination date or fail to vacate all possessions on or before the termination date, RESIDENT shall be liable for additional rent and damages which may include damages due to OWNER'S loss of prospective new renters. If RESIDENT does not give OWNER a 30-day written notice to terminate, RESIDENT will not receive their deposit from OWNER.

18. POSSESSION: If OWNER is unable to deliver possession of the residence to RESIDENT on the agreed date, because of the loss or destruction of the residence or because of the failure of the prior residents to vacate or for any other reason, the RESIDENT and/or OWNER may immediately cancel and terminate this agreement upon written notice to the other party at their last known address, whereupon neither party shall have liability to the other, and any sums paid under this Agreement shall be refunded in full. If neither party cancels, this Agreement shall be prorated and begin on the date of actual possession.

19. INSURANCE: RESIDENT acknowledges that OWNERS insurance does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall OWNER be held liable for such losses. RESIDENT is hereby advised to obtain his own insurance policy to cover any personal losses.

20. RIGHT OF ENTRY AND INSPECTION: OWNER may enter, inspect, and/or repair the premises at any time without any prior notice in case of an emergency or suspected abandonment. OWNER shall give 24 hours advance notice and may enter for the purpose of showing the premises during normal business hours to prospective renters, buyers, lenders, for smoke alarm inspections, and/or for normal inspections and repairs. OWNER is permitted to make all alterations, repairs and maintenance that in OWNER'S judgment is necessary to perform.

21. ASSIGNMENT AND SUBLETTING: RESIDENT agrees not to transfer, assign or sublet the premises or any part thereof.

22. PARTIAL INVALIDITY: Nothing contained in this Agreement shall be construed as waiving any of OWNER'S or RESIDENT'S rights under the law. If any part of this Agreement shall be in conflict with the law, that part shall be void to the extent that it is in conflict, but shall not invalidate this Agreement nor shall it affect the validity or enforceability of any other provision of this Agreement.

23. NO WAIVER: OWNER'S acceptance of rent with knowledge of any default by RESIDENT or waiver by OWNER of any breach of any term of this Agreement shall not constitute a waiver of subsequent breaches. Failure to require compliance or to exercise any right shall not be constituted as a waiver by OWNER of said term, condition, and/or right, and shall not affect the validity or enforceability of any provision of this Agreement.

24. ATTORNEY FEES: If any legal action or proceedings be brought by either party of this Agreement, the prevailing party shall be reimbursed for all reasonable attorney's fees and costs in addition to other damages awarded.

25. JOINTLY AND SEVERALLY: The undersigned RESIDENT and All OTHERS in possession of the above address, are jointly and severally responsible and liable for all obligations under this agreement.

26. REPORT TO CREDIT/TENANT AGENCIES: RESIDENT is hereby notified that a nonpayment, late payment or breach of any of the terms of this rental agreement may be submitted/reported to a credit and/or tenant reporting agency, and may create a negative credit record on RESIDENT’S credit report.

27. LEAD NOTIFICATION REQUIREMENT: For rental dwellings built before 1978, RESIDENT acknowledges receipt of the following: (Please check)
Lead Based Paint Disclosure Form  EPA Pamphlet

28. TENANT POLICIES: Selling drugs on OWNER’S premises or it’s surrounding, is strictly prohibited. If RESIDENT is caught selling drugs, or if I, Oscar Sanchez, OWNER, or management suspects that RESIDENT is selling drugs, RESIDENT’S tenancy will be terminated and charges will be filed. If RESIDENT’S tenancy is terminated, RESIDENT will be responsible for all legal cost and any rent owed. RESIDENT’S deposit will not be returned.

Illegal activity on OWNER’S premises or its surrounding is strictly prohibited.
If RESIDENT is caught in any illegal activities or if I, Oscar Sanchez, OWNER or management suspect that RESIDENT is engaged in any illegal activities, RESIDENT’S tenancy will be terminated and charges will be filed. If RESIDENT’S tenancy is terminated, RESIDENT will be responsible for all legal costs and any rent owed. RESIDENT’S deposit will not be returned.

RESIDENTS shall make No alterations, improvements or remodeling to the building or RESIDENT’S apartments without the prior written consent of  OWNER. This includes additional air-conditioning units in the apartment, painting the apartment, adding screen doors, washer, dryer, dishwasher, garbage disposal etc. All alterations, changes, and improvements, built, constructed, or placed on the premises by RESIDENT, shall be the property of OWNER and it will remain on the premises at the expiration or sooner termination of the lease. Unless a written agreement between RESIDENT and OWNER, was created.

In the event RESIDENT is behind on their rent and fail to bring their rent payments current and RESIDENT does not vacate the premises, OWNER shall immediately take legal actions to evict RESIDENT and to recover rents and damages for the unlawful detention of OWNER’S premises together with such future rents as they may be due to OWNER for breach of RESIDENT’S tenancy agreement

RESIDENT is to further understand that OWNER’S staff and OWNER are not responsible for RESIDENT’S personal belongings once it is placed outside RESIDENT’S apartment. OWNER should also hold RESIDENT responsible for any attorney and court fees.

RESIDENT is to further understand that the eviction will be recorded in the courts of law and to the three major credit agencies. RESIDENT’S credit score will be lowered with this eviction and any additional evictions. Chances of renting in a respectable building will be diminished. The Housing Authority/section 8, will Not assist anyone with a recent eviction. 

Loud music, Loud TV, and Loud Talking are Not Permitted inside RESIDENT’S apartment or outside OWNER’S premises, especially between the hours of 10:00 P.M. through 9:00AM Keep in mind that other RESIDENTS are trying to rest and sleep. Do not let a group of RESIDENT’S friends hang out around OWNER’S premises, be loud and disturb other RESIDENTS. OWNER’S building is not a hang out place for loud and rude people. OWNER’S building is RESIDENT’S home. It is a place for RESIDENT to enjoy the peace and quiet we offer. 

RESIDENT must make sure to place all garbage in the garbage bin. Do not throw garbage, papers, cans or other types of garbage on the ground or leave them in the hall way.

Dogs are not allowed.  If RESIDENT has any other type of pets, keep them inside RESIDENT’S apartment.

It is imperative to only flush toilet paper. Toilet paper is bio-degradable (dissolves in the water). Paper towels, napkins and all other forms of paper do not dissolve; they accumulate in the sewer until total blockage occurs. As a guide line, the following items Must Not be flushed down the toilet:

• Paper towels
• Napkins
• Q tips, cotton swabs, and all forms of small sticks
• Sanitary napkins (Pads), panty liners, tampons
• Baby wipes, diapers
• Toys
• Gum
• Excessive amount of toilet paper

The amount of rent I charge my residents in each building is based on the expenses each building generates.  If OWNER’S expenses do not increase dramatically, RESIDENT’S rent will Not be raised.  However, if OWNER’S expenses increase, OWNER will have to raise the rent. Following the above bathroom rules, will keep OWNER’S expenses to a minimum. If the RESIDENT is found to be at fault of any plumbing problems in the unit, RESIDENT will be charged for the repairs.

29. APPLIANCES: All appliances; refrigerator, stove, including all air conditioners and ceiling fans belong to OWNER. If RESIDENT replaces any of OWNER’S appliances; refrigerator, stove, including any and all air conditioners, and ceiling fans, make sure to have a prior written consent from OWNER before replacing the appliance or appliances mentioned above and appliance or appliances not mentioned. If you do not have a written consent from OWNER, that appliance or appliances you installed or replaced belongs to OWNER.   

30. NOTICES: All notices to RESIDENT shall be served at RESIDENT'S premises and all notices to OWNER shall be served with the building manager or Oscar Sanchez, the OWNER in person

31. INVENTORY: The premises contains the following items, that RESIDENT may use.

32. KEYS AND ADDDENDUMS: RESIDENT acknowledges receipt of the following which shall be deemed part of this Agreement: (Please check)
_Keys #of keys and purposes _
_House Rules _ Pet Agreement _Other

33. LOCKS:  RESIDENT agrees not to change locks on any door or mailbox without first obtaining OWNER’S written permission. Having obtained written permission, RESIDENT agrees to pay for changing the locks and to provide OWNER with one duplicate key per lock.

34.  DANGEROUS MATERIALS:  RESIDENT shall not keep or have on the leased premises any article or thing of a dangerous, inflam­mable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company

35. LOCK OUT: If RESIDENT becomes locked out of the premises after management’s regular stated business hours, RESIDENT will be required to secure a private locksmith to regain entry at RESIDENT’S sole expense

36. THREATS TO OWNER:  If RESIDENT threatens to hurt the OWNER in anyway, uses profanity when speaking to the OWNER, and/or is violent and/or is aggressive towards the OWNER, and /or is loud /screaming at the OWNER. OWNER will immediately terminate this lease agreement and begin the eviction process. If OWNER feels threaten in anyway by RESIDENT, OWNER will terminate this lease agreement and begin the eviction process.     

37. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between OWNER and RESIDENT. No oral agreements have been entered into, and all modifications or notices shall be in writing to be valid.

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Last modified: 08/11/11                                                                    

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