Florida Residential Lease Agreement

Overview

This document set includes a Florida state law compliant residential lease agreement and all required addenda that are appropriate to use when leasing a single-family house, apartment, condominium, or duplex.

Lease Duration

The lease contains a "check the box" option that allows it to operate either as: (1) a lease for term, such as a one-year or two-year lease, or (2) a month-to-month lease. If the term exceeds one year, Florida law imposes specific execution requirements, including the signature of two witnesses who must observe the landlord's signing of the lease. (See Florida Statute § 689.01.)

Required Disclosures

Notably, Florida law requires that landlords make several disclosures to tenants including, without limitation: (1) the name and address of the landlord or a person authorized to receive notices and demands on the landlord's behalf; and (2) certain facts regarding radon gas. Additionally, landlords who rent more than four individual dwelling units and who collect advance rent or a security deposit must include the text of Florida Statute § 83.49(2) in the lease or provide a copy of it within thirty (30) days after receipt of advance rent or a security deposit. PublicLegal's lease includes this disclosure.

Security Deposits

(1) Maximum Amount. Florida imposes no maximum amount that a landlord may collect for a security deposit, regardless of whether the rental is furnished or unfurnished.

(2) Return of Deposit. After the tenant has vacated the premises, the landlord must take one of two actions with regard to returning the security deposit: (a) within fifteen days, return the security deposit to the tenant, or (b) within thirty days, provide the tenant with written notice by certified mail of the landlord's intention to impose a claim on the deposit and the reason for imposing the claim. "If the landlord fails to give the required notice within the 30-day period, [the landlord] forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit," according to Florida Statute § 83.49(3).

Miya's Law

(1) Employee Background Screening. Miya's Law, as outlined in Florida Statute § 83.515, imposes background screening and other specific requirements on landlords for their employees working in rental units that can be classified as "nontransient" (non-temporary) or "transient" (temporary).

(2) Landlord's Access. Florida Statute § 83.53 states that landlords are only permitted to enter a rental unit to make repairs after providing reasonable notice, which is defined as at least 24 hours, prior to entry.

(3) Key Access Policies & Logs. Florida Statute § 509.211(5) requires landlords to establish and maintain policies and procedures for the issuance, return, and regulation of rental unit keys, including the storage and access to unissued keys.

Governing Law

Residential tenancies within the state are governed by the Florida Residential Landlord and Tenant Act. (See Fla. Stat. Ann. §§ 83.40 to 83.682.) All residential leases must comply with the requirements of the Act, or the landlord may lose valuable rights, including the right to recover from the tenant in the event of his or her breach. In addition, the landlord may face civil fines and civil liability.

FLORIDA RESIDENTIAL LEASE AGREEMENT
(FOR A TERM OF LESS THAN ONE YEAR, MORE THAN ONE YEAR, OR MONTH-TO-MONTH)

THIS LEASE AGREEMENT ("Agreement" or "Lease") is made and entered into this ____________ day of ___________________________, 20_____, by and between _____________________________________________________________________ ("Landlord") and _____________________________________________________________________ ("Tenant").

WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in _________________ County, Florida, such real property having a street address of ______________________________________________________________ ("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 ________________________ ("Commencement Date"). [check either A or B]:
   
   ____ A. Lease for Term: 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) state or local 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 1B. 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.
   
   ____ B. Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days prior to the desired date of termination of the tenancy. Notices to terminate may be given on any calendar day, irrespective of Commencement Date.

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 _________________________________________________________ DOLLARS ($______________) 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: ________________________________________. Payment shall be made to Landlord under the following name 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 ________________________________________________________________________ DOLLARS ($__________________) 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.  

   A.  Disclosure of Depository Where the Advance Rent or Security Deposit is Held: Landlord will hold Tenant’s security deposit in an account in the following Florida banking institution: _____________________________________________________ whose address is ______________________________________________________________. Landlord will not commingle the security deposit with any other funds of Landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due to Landlord. Rather, Landlord will maintain the security deposit funds in a separate non-interest-bearing account for the benefit of Tenant. Accordingly, Tenant will NOT accrue any interest on the security deposit.

   B.  Timeframe to Return Deposit or Provide Written Notice of Intention to Impose Claim: In accordance with Florida Statute § 83.49(3) regarding the return of security deposits, upon the vacating of the Premises for termination of this Lease, if Landlord does not intend to impose a claim on the security deposit, Landlord shall have fifteen (15) days to return the security deposit, or Landlord shall have thirty (30) days to give Tenant written notice by certified mail to 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 § 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).

   C.  Timeframe for Tenant to Object: Unless Tenant objects to the imposition of Landlord’s claim or the amount thereof within fifteen (15) days after receipt of Landlord’s notice of intention to impose a claim, Landlord may then deduct the amount of Landlord’s claim and shall remit the balance of the deposit to Tenant within thirty (30) days after the date of the notice of intention to impose a claim for damages.

   D.  Court Costs and Attorney’s Fees: 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.

   E.  Statutory Notice Under Florida Statute § 83.49(2): In accordance with Florida law, Tenant is hereby advised as follows: “YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND. YOU 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 YOUR LEGAL RIGHTS AND OBLIGATIONS.”

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 SUBLETTING. Tenant shall not assign this Agreement, or sublet 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, subletting or license shall not be deemed to be a consent to any subsequent assignment, subletting or license. An assignment, subletting or license without the prior written consent of Landlord or an assignment or subletting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement.

7. KEYS AND ACCESS DEVICES. Tenant acknowledges receipt of following keys, remote controls, and other access devices:
   
   ____ # of sets of keys to the Premises
   ____ # of mailbox keys
   ____ # of garage door openers
   
   If the Premises has common areas or facilities, or if the Premises is subject to membership in a homeowner’s association, Tenant acknowledges receipt of following:
   
   ____ # of keys to _____________________________
   ____ # of remote controls to _____________________________
   ____ # of fobs to _____________________________
   ____ # of _____________________________ to _____________________________
   
   Upon termination of the Lease for any reason, Tenant shall return all items specified in this paragraph to Landlord.

8. 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.

9. 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.

10. 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 on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 

11. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. 

12. 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 therefor 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.

13. INSURANCE.  Landlord, Landlord’s agent or manager, or, if applicable, the Condominium or Homeowners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. LANDLORD HAS ADVISED TENANT TO CARRY TENANT’S OWN INSURANCE (RENTER’S INSURANCE) TO PROTECT TENANT FROM ANY SUCH LOSS OR DAMAGE. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

14. 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.

15. LANDLORD'S ACCESS. Landlord may enter the Premises at any time for the protection or preservation of the Premises. Landlord may enter the Premises upon reasonable notice to Tenant and at a reasonable time for the purpose of repair of the Premises. “Reasonable notice” for the purpose of repair is notice given at least 24 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 AM and 8:00 PM. Landlord may enter the Premises when necessary for the further purposes of inspecting the Premises; making necessary or agreed repairs, decorations, alterations, or improvements; suppling agreed services; or exhibiting the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. Landlord may do so under any of the following circumstances: (a) with the consent of Tenant; (b) in case of emergency; (c) when Tenant unreasonably withholds consent; or (d) if Tenant is absent from the Premises for a period equal to one-half the time for periodic rental payments. If the rent is current Tenant notifies Landlord of an intended absence, then Landlord may enter only with the consent of Tenant or for the protection or preservation of Premises.

16. SUBORDINATION OF LEASE. This Agreement and Tenant’s interest 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.

17. 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 ___________________________ ______________________________________________________ DOLLARS ($______________) per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party.

18. 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 excepted.

19. ANIMALS. Tenant shall be entitled to keep no more than __________ (____) domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of ______________________________________________________________ DOLLARS ($_________), ______________________________________________________________ DOLLARS ($_________) of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building.

20. 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. 

21. 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 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. 

22. DEFAULT. If Tenant fails to confirm or comply with any provision of this Agreement, Landlord shall provide Tenant with a notice of default, and Tenant shall have the number of days set forth below to cure such default: (a) for the failure to pay Rent when due, Tenant shall have three (3) days to cure; and (b) for all other 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), Tenant shall have seven (7) days to cure. If Tenant fails to cure the default within the specified time frame, Landlord may immediately terminate this Agreement, and Tenant shall immediately vacate the Premises and shall return the keys to Landlord. Notwithstanding the foregoing, 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, (a) property destruction, (b) property damage, (c) serious disturbance, (d) misuse of Landlord's or other tenants' property by intentional act), or (e) if the default is a second default of a similar violation or constitutes a continuing default, 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; notwithstanding the foregoing, if the default constitutes payment of Rent, Tenant shall have three (3) days to cure such default. If this Agreement is terminated pursuant to this section, 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. LANDLORD MAY REPORT UNPAID AMOUNTS TO CREDIT AGENCIES AND MAY SEEK THE ASSISTANCE OF CREDIT COLLECTION THIRD PARTIES TO COLLECT ANY UNPAID AMOUNTS. IF TENANT DEFAULTS OR MOVES OUT BEFORE THE EXPIRATION OF THE TERM, TENANT SHALL PAY LANDLORD ANY AMOUNTS IDENTIFIED IN WRITING AS RENTAL DISCOUNTS OR CONCESSIONS IN ADDITION TO ANY OTHER AMOUNTS DUE.

23. 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 ______________________________________________________________ DOLLARS ($__________).

24. 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, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, 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 unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. 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.

25. ATTORNEYS' 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.

26. 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.

27. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida.

28. 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.

29. SUCCESSORS; JOINT AND SEVERAL LIABILITY. All rights and liabilities afforded to, or imposed upon, Landlord and Tenant under this Agreement shall extend to and bind their several respective heirs, administrators, executors, successors, and assigns. If more than one person or entity executes this Agreement as Tenant, all such Tenants, whether or not in actual possession of the Premises, are jointly and severally liable for all provisions of and all obligations arising under this Agreement. No rights shall inure to the benefit of any assignee of Tenant unless Landlord approves in writing of the assignment to such assignee.

30. 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.

31. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

32. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder.

33. 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.

34. RADON NOTIFICATION. Pursuant to Florida Statute § 404.056(5), the following disclosure is made: "RADON GAS: 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 health department."

35. FIRE PROTECTION DISCLOSURE. If the Premises are located in a building exceeding three (3) stories, Landlord must disclose the availability or lack of availability of fire protection, according Florida Statute § 83.50. If the Premises are located in such a building, Landlord discloses the availability of such systems (e.g., carbon monoxide, smoke, or heat detection systems; sprinkler systems; escape plans; etc.) as follows:
    ____________________________________________________________
    ____________________________________________________________
    ____________________________________________________________

36. NOTICE. Per Florida Statute § 83.50, any notice or demand required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as set forth below. A courtesy copy of the notice may also be sent by e-mail but is not required.

    If to Landlord to:
    
    ______________________________________________
    [Landlord's Name]
    
    ______________________________________________
    [Landlord's Address]
    
    ______________________________________________
    [Landlord's City, State, and Zip]
    
    ______________________________________________
    [Landlord's E-Mail Address]
    
    ______________________________________________
    [Landlord's Phone Number]
    
    
    If to Tenant to:
    
    ______________________________________________
    [Tenant's Name]
    
    ______________________________________________
    [Tenant's Address]
    
    ______________________________________________
    [Tenant's City, State, and Zip]
    
    ______________________________________________
    [Tenant's E-Mail Address]
    
    ______________________________________________
    [Tenant's Phone Number]
    
    A courtesy copy of the notice may also be sent by e-mail but is not required. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. TENANT HEREBY WAIVES HIS OR HER RIGHT TO NOTICE PURSUANT TO FLORIDA STATUTE § 715.104.
    
    

37. ADDITIONAL PROVISIONS; DISCLOSURES.
    ____________________________________________________________
    ____________________________________________________________
    ____________________________________________________________
    ____________________________________________________________
    ____________________________________________________________
    ____________________________________________________________
    [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.]
    
    

Landlord:

LANDLORD (“LANDLORD”):


Sign: _________________________________________ Print: _________________________________________

LANDLORD (“LANDLORD”):


Sign: _________________________________________ Print: _________________________________________


Tenant:

TENANT (“TENANT”):


Sign: _________________________________________ Print: _________________________________________

TENANT (“TENANT”):


Sign: _________________________________________ Print: _________________________________________

TENANT (“TENANT”):


Sign: _________________________________________ Print: _________________________________________

TENANT (“TENANT”):


Sign: _________________________________________ Print: _________________________________________