Apartment Lease Agreement: Property FOP
Apartment Lease Agreement: Property FOP
Apartment Lease Agreement: Property FOP
Property
FOP 15 305
1. This APARTMENT LEASE AGREEMENT (“the Lease“) is made on August 11, 2018 , between
Taplin Falls LTD.;(hereinafter “Management” or “Landlord”) and
(Lease Holder). (Whether One or More Persons, Collectively Referred to As “Resident” Or “Tenant”).
2. In consideration of (a) Resident’s representation in Resident’s rental application and (b) Resident’s payment of the rent
and performance of the other provisions of this lease, Management leases to Resident and Resident leases
700 NW 141st Ave 305 , Pembroke Pines, FL 33028
the apartment community commonly known as Taplin Falls LTD., located at 13651 NW 4th Street, Pembroke Pines, FL 33028
OCCUPANCY: Only the following individuals may occupy the premises:
NAME FAMILY RELATIONSHIP
James Schoenharr LeaseHolder
Julia Ann Maples LeaseHolder
Resident acknowledges and agrees that any person occupying the rental unit for a period of 30 days or longer during the term of this lease may, in Management’s
sole discretion, be deemed an additional occupant. Resident agrees to notify Management and request written authorization before adding any additional occupants,
which is subject to Management’s sole discretion, existing Occupancy Standards, Rules and Regulations and other applicable provisions of this Lease Agreement
and Law.
3. TERM: The term of this lease shall commence on August 11, 2018 and shall expire on December 11, 2019 In the event Resident is unable to
take possession of the premises on the commencement date stated above due to construction delays, or because of he holding over of a prior resident, or because of any cause
beyond Management’s control, the lease term will begin on the first day of the following month provided that possession can be delivered to the Resident by that time.
Management shall not be liable to Resident in any respect for such delay and this Lease shall remain in force, subject to the following: (1) The rent shall be abated on a daily
basis during such delay; and (2) Resident may terminate this Lease by giving notice in writing to Management no later than the third day of such delay, whereupon Resident shall
be entitled only to a refund of Resident’s Security Deposit and prepaid rent. Such conditions shall not apply to cleaning or repair delays.
If Resident takes possession of the premises prior to the commencement of this lease, Resident shall pay rent at the rate and in the manner required by this lease and such
possession in all other respects shall be subject to the applicable provisions of this lease.
4. RENT: During the term of this lease, Resident shall pay as annual rent: $36,453.00
First Month Pro-Rate $1,643.00 , Last Month ProRate $860.00 ,or payable in monthly installment of $2,425.00 advance in the
sum total of the following:
BASE RENT: $2,093.00 ; Garage: $125.00 ;Storage $0.00 ;Utilities: 0.00 ;Water/Sewer 75.00 ;Trash 32.00
;Other 0.00 ;Premium $100.00 ;Sales Tax 0.00
7. SECURITY DEPOSIT: Resident agrees that a Security Deposit has been paid prior to the signing of this Lease in the sum of $800.00
or shall be paid upon demand unless Resident provides proof of payment to Management. Failure to provide a Security Deposit constitutes a material breach of this Agreement
and, as such, shall be grounds for eviction.
A. Management will hold the Security Deposit with the following Florida financial institution:
Name: Gilbraltar Bank
Address: 220 Alhambra Circle, Coral Gables FL. 33134
B. The security deposit is not commingled with other funds and is held in a separate non-interest bearing account in the Florida Banking Institution identified above.
C. Purpose and Use: Security Deposit is held by Management as security for the performance of Lease, including, but not limited to, monetary damage to
Management caused by Resident’s breach of Lease prior to the expiration thereof and property damage beyond normal wear and tear occurring during Resident’s
occupancy. Resident agrees and understands that Resident’s liability to Management is not limited to the monetary amount of the Security Deposit.
E. Security Deposit Not Applied Toward Sums Due During Resident’s Occupancy: Resident acknowledges that Management during Resident’s entire occupancy holds the
security deposit, and Management is not obligated to apply the deposit to sums that become due during Resident’s occupancy. In the event Management elects to apply all or a
portion of the deposit in performance of Resident’s obligations under the Lease, then Resident shall be obligated to pay the sum so applied within seven (7) days of receipt of
notice from Management.
F. Return of Deposit to Multiple Residents: Resident shall provide notice by hand delivery or certified mail to Management prior to vacating or abandoning the premises,
which notice shall include the address where Resident may be contacted. Management shall send the return of the deposit to the address so provided by Resident or to the last
address known by Management. The deposit shall be deemed properly returned if it is mailed or given to one individual, payable to all individuals whose signatures
appear on the Lease.
G. Disclosure: By execution of this Agreement, Resident acknowledges receipt and having read the following provisions of Section 83.49 (3), Florida Statutes, which
provides as follows:
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 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 s. 83.49(3), Florida Statutes. You are hereby
notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit.
Your objection must be sent to (landlord's_______________________________________________________________________________________________________ address).
If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.
(b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the
amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable
fee for his or her attorney. The court shall advance the cause on the calendar.
(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and sales associates, shall constitute compliance
with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to
determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse
security deposits and deposit money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).
Resident must object in writing to the imposition of such claim by sending the writing to Management’s address: Taplin Falls, Ltd., 13651 NW 4th Street, Pembroke
Pines, FL 33028
8. PURPOSE: Resident is to occupy the premises as a private residential dwelling and for no other purpose.
9. POSSESSION: Resident shall not be entitled to possession of the premises until (a) Resident and Management have signed this lease, (b) the prior Resident has vacated the premises, and
(c) Resident has paid the rent for the first month of the lease term, the security deposit, the non refundable fee for preparing the premises for occupancy, and any other lawful charge
payable by Resident prior to taking possession.
10. PROPERTY LOSS: Landlord shall not be liable for any damages or losses to person or property caused by persons other than Landlord. Landlord shall not be liable for personal
injury or damage or loss to Resident’s personal property (furniture, jewelry, clothing, etc) from theft, vandalism, fire, water, rain, storms, smoke, explosions, sonic booms or other
causes whatsoever, whether by negligent acts of Landlord, its agent or servants or otherwise. We strongly recommend that Resident secure Renter’s insurance to protect
Resident and Resident’s property. Landlord’s property insurance does not cover risk of loss to any of Resident’s property. Also, if any of Landlord’s employees are
requested to render any services such as moving automobiles, handling of furniture, cleaning, delivering packages, or any other service not required of Landlord under this
Agreement, such employee shall be deemed as an agent of Resident regardless of whether or not payment is made by Resident for such service. Resident agrees to hold harmless
and indemnify and defend Landlord from any and all liability arising in any way whatsoever from the rendering of such service.
11. PARKING: If an assigned parking space and/or carport is provided in conjunction with the lease of the premises, Resident may park one operational and licensed personal passenger automobile in each
space and/or carport specifically designated. Resident agrees to hold Management harmless, defend, and indemnify Management for any expense or damages caused by the towing of unauthorized and/or
illegally parked vehicles from the property of Management. Unless parking spaces are specifically assigned by mutual agreement, Resident agrees and acknowledges that parking spaces are available on a
first come first serve basis, and no particular spaces are available or reserved proximate to the dwelling unit occupied by Resident or otherwise. The Resident agrees to hold the Management harmless to
defend and to indemnify Management for any loss to persons or property resulting from Resident utilizing the parking space. In the event assigned parking is provided to Resident by mutual agreement in
writing, Management authorizes Resident to exercise all legal remedies to enforce his or her exclusive use of the parking space assigned. The resident acknowledges notice from Landlord that Resident
must comply with Florida Statutes section 715.07 and all applicable State, County and City ordinances when enforcing his or her exclusive use of the assigned parking space, whether through towing or
otherwise. In consideration for the provision of an assigned space, the Resident agrees to hold harmless, defend, and indemnify Management, his agents and assigns against any cause of action, claim of
loss to person or property, or demand for reimbursement for towing expense arising out of this assignment of use and enforcement thereof. Further, Resident agrees that any additional vehicles parked on
the premises by Resident, or persons on the premises as guests or occupants residing with Resident, shall be parked in available spaces on a first come and first serve basis. Any vehicle parked on
sidewalks, fire zones, or other unauthorized spaces shall be towed at Resident’s expense. Parking shall be subject to all applicable provisions of this lease. All vehicle(s) must be in good condition and
operational and cannot be used as storage and cannot be kept in the same space continuously for more than 48 hours.
12. ASSIGNMENT AND SUBLEASE: Resident shall not assign this lease nor sublet the premises without first obtaining Management’s written consent, which consent may be withheld at
Management’s sole discretion. Any sublease shall be on Management’s sublease form and shall be signed by all persons therein designated. Any approval by Management to an assignment or
sublease will not release Resident from Resident’s obligations under the lease. Unless otherwise specified in the sublease or assignment, Management will return the amount due on the security
deposit to the sublessee or assignee.
13. USE OF PREMISES: Resident shall use and occupy the premises in a clean and wholesome manner and in compliance with all applicable governmental requirements, including all public health and
police regulations, relating to such use and occupancy in the full extent permitted by law. Resident shall not operate any equipment or machinery that is harmful to the premises or to the apartment
community or is disturbing to other residents of the apartment community. Resident shall not employ any person or persons in or about the premises whose employment may, by law, constitute or create
a liability on the part of the Management. Resident shall not engage in or permit any drug related criminal activity, or engage in or permit any activity that endangers the health or safety of other
residents, in Management’s sole discretion in the premises, hallways, elevators, parking garages, parking lots, maintenance areas, laundry rooms, lobbies, pool area, amenity areas or in any all other
common and/or public areas of the apartment community; or engage in or permit any activity that is, in Management’s sole discretion, otherwise injurious to the community or its reputation .
F. Resident represents that neither Resident nor any occupant of the Apartment has ever been convicted of any felony or misdemeanor involving sexual misconduct or controlled substance, and that to the
best of Resident’s knowledge, neither Resident nor any occupant of the apartment is the subject of a criminal investigation or arrest warrant. Resident hereby further represents that neither Resident nor
any occupant of Resident’s apartment has any criminal charges of a sexual nature pending adjudication at this time. Resident agrees that Landlord may terminate this lease if it ever comes to the attention
of Landlord that Resident has been convicted of any sexual criminal activity or placed on probation with adjudication withheld at any time prior to becoming a Resident or during Resident’s tenancy at
the apartment community. Resident authorizes Landlord to perform a criminal background investigation of the Resident or any occupant of the apartment in the event the Landlord, in its sole discretion,
has reason to believe that the Resident or any occupant has engaged in or is engaged in criminal activity in the apartment or at the apartment community.
G. One or more violations of this paragraph constitute a substantial violation of the lease and a material noncompliance with the lease for which the Resident shall not be given the opportunity to cure.
Any such violation is grounds for termination of tenancy and eviction from the unit.
H. Proof of violation shall be by a preponderance of evidence, unless otherwise provided by law.
I. In case of any conflict between the provisions of this paragraph and any other provisions of this lease, the provisions of this paragraph shall govern.
The restrictions contained hereunder are material obligations under the lease. For purposes of the section, Management’s receipt of complaints by other residents or building employees shall
be evidence that Resident has violated the foregoing restrictions.
15. REMEDIES AVAILABLE TO MANAGEMENT UPON RESIDENT’S BREACH: If Resident breaches the rental agreement for the dwelling unit and Management
has obtained a writ of possession, or Resident has surrendered possession of the dwelling unit to Management, or Resident has abandoned the dwelling unit, Management
may pursue the remedies available in Fla. Stat. §83.595, (1)-(3). Alternatively, in accordance with Fla. Stat. §83.595(4) and the option selected by Resident indicated in
the addendum to this Lease entitled “Resident’s Selection of Management’s Remedies pursuant to Florida Statute §83.595”, Resident may select the option to pay a
liquidated sum equal to two (2) month’s rent. If Resident chooses to pay the liquidated sum, then Management waives the right to seek additional rent beyond the month
in which Management takes possession.
(Resident’s initials _________ __________)
Failure to Provide Adequate Notice of termination: If Resident fails to provide Management with at least sixty (60) days’ notice of Resident’s intention to
terminate the Lease in accordance with this paragraph, Resident shall be liable to Management for liquidated damages IN THE SUM OF: $4,850.00
in accordance with Section 83.575(2), Florida Statutes, which states as follows:
A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the
tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant’s obligations under the
notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before
the start of the notification period contained in the lease.
B. RENEWAL. Subject to Management's consent, Resident may renew this Lease by providing sixty (60) days’ written notice to Management prior to the expiration of this Lease or any renewal thereof. The
Lease then may be renewed for such period and under such terms and conditions as may be agreeable to Management and Resident.
C. MONTH-TO-MONTH TENANCY SUBSEQUENT TO LEASE EXPIRATION. If neither Management nor Resident shall give any of the notices provided for in this paragraph within the time
provided, then this Lease shall automatically renew month-to-month after the expiration of the term of this Lease or any renewal thereof. The rental rate for said month-to-month tenancy shall be the
current rental rate for similar apartments in effect at that time, plus $0.00 per month, the month-to-month fees, which shall be considered as additional rent. Management has the right to increase
Resident’s month-to-month rental rate during the term of any month-to-month tenancy by providing Resident with thirty (30) days written notice of such increase of the month-to-month rental rate.
Management or Resident may terminate a month-to-month tenancy by giving the other party written notice of termination no later than thirty (30) days prior to the end of the monthly rental period. All
other provisions of this Lease, and its addenda not inconsistent with this paragraph, shall remain in full force and effect during the term of the month-to-month tenancy. If Resident holds over after giving
notice of intent to vacate without prior approval from Management, Resident shall be deemed a “hold over tenant” as specified by this paragraph, section (D), and Florida Statutes section 83.58, and
RESIDENT shall be liable for double rent pursuant to Florida Statutes section 83.58.
D. HOLD OVER TENANCY. If Resident holds over and continues in possession of the premises, or any part thereof, after the expiration date of Lease, or after expiration of
any notices terminating the Lease under this Paragraph, without Management’s prior written consent, Management may recover double the amount of rent due for each day
Resident holds over and refuses to surrender possession pursuant to Florida Statutes Section 83.58.
(Resident’s initials _________ __________)
17. EARLY LEASE TERMINATION BY RESIDENT: Provided that Resident shall not be in default under this Lease, and provided that Resident has selected the option to pay
an early termination fee in the addendum to this Lease entitled “Resident’s Selection of Management’s Remedies pursuant to Florida Statute §83.595”, and provided that
Resident has completed at least seven (7) months of occupancy, Resident shall have the right to terminate this Lease at any time by delivery of a sixty (60) day written notice to
Management and payment to Management at the time of giving such notice, an early termination fee equivalent to one (1) month’s rent in accordance with Fla. Stat. §83.595(4).
As a condition to exercising this termination option, Resident must pay all rent accrued for the days Resident occupies the apartment. Provided that Resident shall comply with
such notice, payment and completed at least seven (7) months of occupancy, Management and Resident mutually agree to cancel this Lease. Resident acknowledges that the
Security Deposit cannot be used to offset payment of the early termination fee or rent during the period of residency and that it will be processed, as required by Florida Statues
§83.49. In the event Resident did not select the option for early termination in the addendum entitled “Resident’s Selection of Management’s Remedies pursuant to Florida
Statute §83.595”, then Management may seek damages as provided by law for Resident’s early termination of the rental agreement.
18. FAILURE TO VACATE AFTER NOTICE: If Resident gives notice for vacation of the premises and fails to completely vacate the premises prior to the expiration of the notice, or if Resident
otherwise continues possession of the premises after the termination of the Lease without the written permission of the Management, Resident shall be liable, in addition to all other damages
provided for under the Lease, the Rules and Regulations, or Florida law, for double the daily rental based on a proration of the monthly rental provided for in the Lease for each day Resident so
continues in possession of the premises. Resident shall be deemed to be in possession as long as all keys to the premises have not been turned over to the Management or until Resident has
“abandoned” the premises according to Florida Statutes.
19. MILDEW AND MOLD: Resident acknowledges that the apartment is located in Florida which has a climate conducive to the growth of mold and mildew, and that it is necessary to provide
proper ventilation and de-humidification of the apartment to retard or prevent the growth of mold and mildew. Resident agrees not to block or cover any of the heating, ventilation or air-
conditioning ducts or air returns in premises. Resident agrees to immediately report to Manager: (i) any evidence of a water leak or excessive moisture in premises, garage or common area; (ii)
any evidence of mold or mildew like growth that cannot be removed by simply applying a common household cleaner and wiping area; (iii) any failure or malfunction in the heating, ventilation,
air conditioning system or laundry systems in premises. Resident agrees to be responsible for taking all proper action to retard and prevent mold and mildew and to protect his person and
property from loss or damage as a result thereof, and further agrees that Resident shall be responsible for damage to the apartment unit resulting from Resident’s failure to provide proper
climate control. Further, Management shall not in any event be responsible for damage, loss or injury to persons or property caused by mold or mildew. In the event mold or mildew is present in
a dwelling unit, which Manager cannot remediate with Manager’s standard treatment procedures, Manager reserves the right to require Resident to vacate the dwelling unit by providing a seven
(7) day written notice to vacate. If Resident remains in possession of the dwelling unit subsequent to receiving written notice, then Resident shall assume all risks relevant to the presence of
mold or mildew and shall be deemed a holdover tenant upon the expiration of the notice to vacate.
20. CONDITIONS OF PREMISES AND REPAIRS BY RESIDENT: Resident acknowledges that Management has made no representation other than a visual inspection of the premises
regarding the condition or state of repairs of the premises except as expressly set forth in this lease. Resident acknowledges receipt of an Apartment Inspection Report establishing that the
Resident has inspected the condition of the premises within 24 hours of taking occupancy. The Apartment Inspection Report shall be completed or reviewed by Resident and signed by Resident.
Resident shall not cause by intent or negligence, improper use, or otherwise allow or permit any person to damage or destroy the premises and shall pay for any damages so caused. Resident
shall be responsible for damages resulting from windows and doors left open. During the term of this lease, the Resident shall keep the premises in good repair and at the expiration of this lease,
the Resident shall return the premises to Management in as good condition as when taken, except for normal wear and tear. Defects and damages not appearing on the Apartment Inspection
Report shall be presumed to have occurred during Resident’s occupancy of the premises. Management reserves the right to impose a claim on Residents Security Deposit or to demand payment
by Resident for repair of damages to the premises occurring during Resident’s occupancy. Any charges to restore premises due to alterations made by Resident with or without written consent
by Management will be deemed additional rent and may be deducted from Resident’s Security Deposit per written notice of claim as outlined in Paragraph 7. The Apartment Inspection Report
shall not constitute a request for repairs or constitute compliance with notice requirements pursuant to Florida Statutes section 83.56.
21. ALTERATIONS: Resident shall make no alterations to the property without Management’s written consent. All alterations, or improvements, made with or without consent in and to said premises shall,
unless otherwise provided by written agreement between the parties hereto, become the property of the Management and shall remain upon the premises.
22. ACCESS TO PREMISES: Management shall have the right to enter upon the premises at all times and under all circumstances as provided in Florida Statutes section 83.53 inclusive of the purpose of
inspecting the same and making necessary repairs and maintenance thereto. Resident shall receive reasonable notice at least 12 hours prior to entry for normal repairs, and repairs shall occur between the
hours of 7:30 a.m. and 8:00 p.m. Such right of entry hereby granted to Management shall include any and all reasonable business purposes connected with the management and operation of the
apartment community.
23. RULES AND REGULATIONS: Resident shall comply with all the attached rules and regulations governing the premises and the apartment community and shall also comply with all of Management’s
changes and additions to the rules and regulations.
24. DAMAGE BY FIRE OR OTHER CASUALTY: Management is not liable to any resident, guest, or occupant for personal injury or damage or loss of personal property from any cause, including but
not limited to: fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, interruption of utilities, theft, or vandalism unless otherwise required by law. If the premises are
partially damaged by fire or other casualty but can be restored to tenable condition within ninety (90) days, Management shall repair the premises and the parties shall remain liable under the terms of this
lease agreement, provided, however, the Resident’s obligation to pay rent shall be suspended during the time that the premises remain untenable. If the premises are destroyed by fire or other casualty so
that the premises cannot be restored to tenable condition within ninety (90) days, either party shall have the right to terminate this lease by written notice to the other party; provided, however, that
Resident shall not have the right to terminate the lease if Management is able to provide the same type apartment to the Resident on the premises. Management shall not be responsible for the relocation
of Resident in the event of temporary relocation or permanent relocation due to damage by fire or other casualty.
WAIVER OF SUBROGATION: Each party releases the other party from any liability for loss, damage or injury caused by the fire or other casualty for which insurance (permitting waiver of liability
25 and waiver of insurer’s rights of subrogation) is carried by the insured party to the extent of any recovery by the insured party under such insurance policy. Management, at its sole expense, shall obtain
fire and extended coverage insurance covering the buildings in the apartment community. Resident, at Resident’s sole expense, shall obtain fire and extended coverage insurance covering Resident’s
personal property in the premises and at the apartment community.
26. MORTGAGEE’S RIGHTS, LIENS OF SALE, EMINENT DOMAIN: Resident’s rights under this lease shall, at all times, be automatically subordinate and junior to any existing or future mortgage,
deed of trust or other lien applicable to the premises or its contents, which is now or shall hereafter be placed on the property of which the Apartment is a part. If requested, Resident shall execute
promptly any document that Management may request to verify this subordination agreement. Manager or Owner of the Apartment Community may encumber the premises and/or the Apartment
Community by mortgage(s) and/or deed(s) of trust and any such mortgage(s) or deed(s) of trust so given shall be a lien on the land and buildings superior to the rights of the Resident herein. Foreclosure
of any mortgage of sale under a deed of trust shall not constitute a constructive eviction of Resident and Resident agrees that this Lease shall transfer to the purchaser at such foreclosure or sales as if this
Lease was by and between Resident, as Resident and such purchaser, as Manager. Any sale of the Apartment Community or any part thereof shall not affect this Lease or any of the obligations of
Resident hereunder, but upon such sale, Manager (and the prior Manager of the Apartment Community) shall be released from all obligations hereunder and Resident shall look solely to the then Manager
of the Apartment Community for the performance of the duties of "Manager" hereunder from and after the date of such sale. In the event that the leased premises is taken by eminent domain, then
Resident shall be entitled to no damages or any consideration by reason of such taking, except the cancellation and termination of this Lease as of the date of said taking or as otherwise provided by law.
27. ENTIRE AGREEMENT / MODIFICATIONS: Neither Management nor any of Management’s representatives have made any oral promises, representations, or agreements. This Lease is the entire
agreement between the parties. Management’s representatives have no authority to waive, amend, or terminate this Lease or any part of it, unless in writing. No modification of this lease shall be binding unless
in writing and signed by the Resident and by Management.
28. TERMS OF AGREEMENT: The terms of this Agreement may be changed or, House Rules or Policies, adopted by Management upon thirty (30) days lawful written notice to Resident.
29. WAIVER OF JURY TRIAL. THE RESIDENT HEREBY WAIVES RESIDENT’S RIGHT TO DEMAND A JURY TRIAL IN ANY CAUSE OF ACTION ARISING BETWEEN MANAGEMENT AND
RESIDENT CONCERNING THIS CONTRACT.
30. AUDIT AND CORRECTION OF ERRORS: In the event Management discovers that, through inadvertence, clerical error, typographical error, or other cause any provision in this Rental
Agreement is incorrect as to time, duration of the tenancy, commencement or termination date, amount of rental, deposits, charges, address or unit number, Resident agrees that Management
may cause the same to be corrected on the original Rental Agreement with a copy furnished to the Resident, and such corrected document shall be effective retroactively from the date of
execution by Resident.
31. JOINT AND SEVERAL LIABILITY: In the event that this lease should be signed as Resident by more than one person, then the liability of the persons signing shall be joint and several. Any breach or
abandonment by any one or more of the Residents shall not terminate this Agreement, unless Management decides otherwise, nor shall it relieve the remaining Residents from fulfilling the terms of this
Agreement.
32. QUIET ENJOYMENT: Upon Resident paying the rent and performing all of the other provisions of this lease, Management agrees that the Resident shall peacefully and quietly have, hold and
enjoy the premises during the term of this lease.
33. NO SECURITY SERVICES: The Landlord shall not provide nor does the Landlord have any duty to provide for Resident, security services for the protection of the Resident or the Resident’s property.
The Resident hereby acknowledges that he understands the foregoing, and the Resident shall look solely to the law enforcement agencies of the county or municipality in which the Apartment is located
for his protection. It is agreed and understood that the Landlord shall not be liable to Resident for any damages, injuries or wrongs sustained by others, or property of same from criminal or wrongful acts
of Landlord, its representatives, agents, employees, or any other persons or entities that may cause harm to Resident resulting from a tortuous, criminal or wrongful act by same. In the event that the
Landlord elects to hire a security service to patrol or monitor the Apartment Community and common area, it is understood and agreed that said services are provided exclusively for the protection of the
Landlord’s property and in no way whatsoever shall it be intended or construed as a waiver by the Landlord of the foregoing, nor in any way whatsoever shall it be construed as creating a duty of the
Landlord to protect the Resident or Resident’s property.
34. KEYS AND LOCKS: Management will provide two (2) keys to the premises for Resident and two (2) keys to the mailbox for Resident. If at any time Resident removes locks to the premises
without written consent by Management, Resident must provide Management a copy of keys within 24 hours of such action. Should Management discover locks to have been changed without
Management’s prior written consent, Resident will be given 24 hours notice to remove locks and restore the original locks or provide a key to new locks to Management or Management retains
the right to remove changed locks at Resident’s expense. Any charges to restore premises due to alterations made by Resident with or without written consent by Management will be deemed
additional rent and may be deducted from Security Deposit per written notice of claim as outlined in Paragraph 7.
35. PETS: Resident shall keep no pets or animals of any kind in, at or about the premises except with Management’s prior written consent to be executed under separate agreement, which consent
may be withheld at the Management’s sole discretion. If Management allows an animal, Resident must sign a separate Pet Addendum, which may require additional deposits, rents, fees, or
other charges. Resident must remove an illegal animal within 24 hours notice from Management or Resident shall be considered in default under this Lease. Management will authorize an
animal for a disabled (handicap) person. Management may require a written statement from a qualified professional verifying the need for the support animal.
36. SEVERABILITY: If any provision of this lease should be or become invalid, such invalidity shall not in any way affect any of the other provision of the lease which shall continue to remain in full force
and effect.
37. WAIVER: No action or omission of Management or its representatives will be considered a waiver of any subsequent violation, default, or time or place of performance. Management’s not enforcing
or belatedly enforcing written notice requirements, rental due dates, liens, or other rights is not a waiver under any circumstances. If Management should waive any provisions of this lease, it shall not be
construed as a waiver of a further breach of such provisions.
38. STORAGE OF PROPERTY: If Management should provide storage space, Resident(s) property shall only be stored in the space designated by Management. This storage space shall be subject to all
applicable provisions of this lease and its addenda. Management shall not be liable to Resident for any damage to such property no matter how such damage is caused, and Resident hereby acknowledges
it will store its property in Management’s storage space at it own risk.
39.
NOTICE OF INJURIES OR PROPERTY DAMAGE: In the event of any injuries to Resident or Resident’s family, guests, or invitees or in the event of any damage to any of their property that is
allegedly caused by the negligence of Management or its agents or employees, Resident shall give Management a written notice of the occurrence of the injury or damage within five (5) days of the
happening thereof. The written notice shall be delivered to Management at Management’s office set forth in Paragraph 1 above, or at such other address which Management should hereafter furnish in
writing to the Resident.
40. INTRUSION SYSTEM: a party may install any security/intrusion system located on the premises in the business of installation and maintenance of security/intrusion systems. Management does not
warrant that the system will prevent loss by burglary, hold-up, fire, or otherwise, or that the system will provide the protection for which it is installed or intended. Management makes no guarantee or
warranty, including any implied warranty of merchantability or fitness that the equipment or services supplied will avert or prevent occurrences or their consequences there from which the system of
services is designed to detect or avert. Resident agrees that Management shall have no responsibility for repairs to the security/intrusion system and that all such repairs shall be the sole responsibility of
Resident. Additionally, Resident agrees to pay any permit fees required to be paid by an appropriate governmental authority or property owners association in connection with the use of a
security/intrusion system.
41. RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit. By the execution of this Lease Agreement, Resident acknowledges that Resident has reviewed this disclosure in compliance with Florida Statute Section 404.056 (5).
42. UTILITIES: At the inception of the tenancy, Resident shall pay for all utilities servicing the dwelling unit. The Management is not contractually obligated to pay for any utilities provided to the rental
unit during the tenancy, however, specified utilities may be paid for by Management so long as Management elects, and shall be used only for ordinary household purposes and shall not be wasted by
Resident. Failure by Resident to properly notify utility providers, and to place utility services in Resident’s name, shall constitute a material breach of this Lease Agreement. Utility charges improperly
assessed to Management subsequent to the Resident taking occupancy shall be considered as additional rent. Resident acknowledges and agrees that Management is not the provider of said services and
shall not be held responsible contractually or otherwise, for such services. Unless otherwise noticed, Management agrees, at Management’s expense, to furnish the following utility services to the
premises: Pest Control Resident acknowledges notification of all utility companies to provide service in Resident’s name as of the inception date of this Lease Agreement.
43. UTILITIES-CHANGES IN DELIVERY OR BILLING: Management may modify the method by which utilities are furnished to the premises and/or billed to Resident during the term of this Lease,
including, but not limited to submetering of the premises for certain utility services or billing Resident for utilities previously included within the rent. In the event Management chooses to so modify
utility services to the premises, Management shall give Resident not less than thirty (30) days’ prior written notice of the modification and the amount by which the base rental payable under this Lease
shall be adjusted in respect of such modification.
44. RESIDENT INFORMATION. If Resident has supplied information to Manager by means of a rental application or similar instrument, Resident covenants that Resident knowingly and voluntarily gave
all such information, and if such information proves to be false or misleading, Resident shall have committed a material breach of this Lease that Resident shall not be permitted to cure, and Resident
shall be subject to eviction, damages and other remedies to Management provided in this Lease.
45. ABANDONMENT OR SURRENDER OF PROPERTY: THE LANDLORD IS NOT REQUIRED TO COMPLY WITH S. 715.104. BY SIGNING THIS RENTAL AGREEMENT,
THE RESIDENT AGREES THAT UPON SURRENDER, ABANDONMENT OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE
LAST REMAINING RESIDENT, AS DEFINED AND PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE
FOR STORAGE OR DISPOSITION OF THE RESIDENT'S PERSONAL PROPERTY. Pursuant to Florida Statutes Section 83.59(3)(c), in the absence of actual knowledge of
abandonment, it shall be presumed that Resident has abandoned the dwelling unit if he or she is absent from the premises for a period of at least fifteen (15) consecutive days without having
provided Manager with notice of intended absence and the rent is not current, or, in the event the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises,
rent is unpaid, at least 60 days have elapsed following the date of death, and Management has not been notified in writing of the existence of a probate estate or of the name and address of a
personal representative.
In Witness Whereof, the parties have executed these the day and year above written. Resident’s signature indicates they have read the entire agreement including the terms and
conditions set forth above.
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(whether one or more persons collectively referred to as “Resident”) and Taplin Falls Ltd, (“Management”). In the event of inconsistencies between this Addendum and the Lease, the provisions
contained in this Addendum shall prevail.
Resident understands and acknowledges that a landlord’s statutory remedies in the event of a breach of the Lease by Resident, including the failure to occupy and pay rent for the entire term of the Lease,
are set forth in Florida Statutes §83.595, which provides as follows:
83.595 Choice of remedies upon breach or early termination by tenant.- -If the tenant breaches the rental agreement for the dwelling unit and the landlord has
obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the
landlord may:
(1) Treat the rental agreement as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant;
(2) Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between the rent stipulated to be paid under
the rental agreement and what the landlord is able to recover from a reletting. If the landlord retakes possession, the landlord has a duty to exercise good faith
in attempting to relet the premises, and any rent received by the landlord as a result of the reletting must be deducted from the balance of rent due from the
tenant. For purposes of this subsection, the term "good faith in attempting to relet the premises" means that the landlord uses at least the same efforts to relet the
premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to rent other similar rental units but does not require the
landlord to give a preference in renting the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent;
(3) Stand by and do nothing, holding the lessee liable for the rent as it comes due; or
(4) Charge liquidated damages, as provided in the rental agreement, or an early termination fee to the tenant if the landlord and tenant have agreed to
liquidated damages or an early termination fee, if the amount does not exceed 2 months' rent, and if, in the case of an early termination fee, the tenant is
required to give no more than 60 days' notice, as provided in the rental agreement, prior to the proposed date of early termination. This remedy is available only
if the tenant and the landlord, at the time the rental agreement was made, indicated acceptance of liquidated damages or an early termination fee. The tenant
must indicate acceptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in
substantially the following form:
[ ] I agree, as provided in the rental agreement, to pay (an amount that does not exceed 2 months' rent) as liquidated damages or an early termination fee if I
elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.
[ ] I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.
(a) In addition to liquidated damages or an early termination fee, the landlord is entitled to the rent and other charges accrued through the end of the month in
which the landlord retakes possession of the dwelling unit and charges for damages to the dwelling unit.
(b) This subsection does not apply if the breach is failure to give notice as provided in s. 83.575.
In accordance with Fla. Stat. §83.595(4) as set forth above, the parties may choose to determine at the inception of the lease term the amount Resident will become obligated to pay to
Management in the event Resident fails to occupy and pay rent through the end of the lease term by electing a liquidated damage or early termination remedy as provided in the Lease.
Management and Resident agree to this election at the time the Lease is executed and in a separate addendum.
Therefore, Resident hereby indicates his/her acceptance or rejection of the liquidated damages and early termination fee as referenced in Paragraphs 15 and 17 of the Lease by indicating such
election below and by signing this separate addendum to the Lease.
In the event I fail to perform the obligations I agreed to in the lease, including timely payment of rent and occupancy through the term of the lease, and including if I fail to fully perform the
obligations contained in paragraph 17 of the Lease and the above paragraph for mutual early termination of the Lease, I shall be deemed to have breached the Lease. I agree, as provided in Fla.
Stat. §83.595(4) and paragraph 15 of the Lease, to pay Management an amount equal to two (2) month’s rent as liquidated damages for my breach of the Lease. I understand this sum is set at
the inception of the lease and is elected in place of actual damages as may be determined after a default. Therefore, I acknowledge that the landlord’s reletting of the rental unit shall not
decrease the amount I pay, nor shall the landlord’s failure to relet the rental unit increase the amount I pay. This measure of damages shall apply to defaults of the Lease, which cause the lease
to terminate prior to the expiration of its term including, without limitation, conditions in which the landlord obtains a writ of possession, I surrender possession of the dwelling unit to
Management, or I abandon the dwelling unit. By making this election, I limit my liability for breach of the lease to a sum equal to two (2) months rent, and Management waives its right to
recover lost rent greater than the sum equal to two (2) months. However, in the event Resident accepts the liquidated damage and early termination fee options, then Management, in addition
to the liquidated damages or early termination fee, is entitled to the rent and other charges accrued through the end of the month in which Management retakes possession of the dwelling unit
and to recover charges for damages to the dwelling unit.
DATED THIS:
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The Addendum dated August 11, 2018 , becomes part of the “Lease Agreement” between the Lessor, Taplin Falls LTD.,
(Management) whose address for the purpose of the notice is 13651 NW 4th Street, Pembroke Pines, FL 33028 and the residents
James Schoenharr Julia Ann Maples 0 0 0 0
The following rules shall apply at all times and are in compliance with FCC order effective January 2000.
1. Resident(s) who leases an apartment that has a balcony or patio that lies within the leasehold have a right to install dish on the balcony or patio of
that leased apartment.
2. Resident may not install a satellite dish on any other part of the property including but not limited to the outside windowsill(s), roof, common area
balconies, stairways, courtyard or other common area.
3. Resident may not make any physical alterations or modifications to the premises, including but not limited to the drilling of holes on any part of the
balcony, terrace or patio for purposes of installation of the satellite dish.
4. Resident may not attach any pole or device to the premises that allows the satellite dish to extend beyond the balcony railing
5. The satellite dish may be no longer than one meter (39.7”) in diameter.
6. Resident must obtain and keep adequate liability insurance in force related to satellite dish for the coverage of damage caused to the property by the
satellite dish in the event of high winds, or acts of God, Resident must provide proof of insurance to management within 48 hours of installation of
satellite dish or management reserves the right to remove same.
7. Resident is responsible for the cost of repairs as a result of any physical alterations or modifications to the premises as a result of the installation of a
satellite dish.
Any violation of these rules may give Management the right to deem the “Lease Agreement” terminated upon serving a “notice of Termination of Lease (7) Day
Notice to Vacate Apartment” per Florida Statute 83.56.
By signing this addendum, Resident agrees to indemnify the owner/management/manage or any other employee of any legal responsibility as a result of the satellite
dish and understands that he/she is required to comply with the rules contained herein.
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I understand that if I should acquire a pet, I must have management’s prior consent and must comply with the pet policies set forth below, including payment of required pet
deposit and fees. I will be charged a penalty fee of $100.00 in addition to the pet deposit and fee which will be payable within 24 hours.
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DESCRIPTION OF PET. Only the following described pet is authorized to be kept in Residents’ dwelling unit. NO substitutions are allowed.
No other pet (including offspring) shall be permitted on the premises by Residents or Residents’ guests or occupants, at any time.
NO VISITING PETS. This prohibition includes birds (except those that are caged), Akitas, Bull Mastiffs, Bull Terriers, chinchillas, Chow Chows, Doberman Pinschers, ferrets,
German Shepherds, Huskies, iguanas, insects, Malamutes, monkeys, Pit Bulls (aka American Staffordshire Terriers, Staffordshire Bull Terriers, or American Pit Bull Terriers),
Pot-Bellied Pigs, rabbits, raccoons, Rhodesian Ridgebacks, rodents of any kind, Rottweilers, skunks, snakes or reptiles of any kind, Tarantulas, and Scorpions or spiders of any
kind, weasels, Wolf Hybrids.
1. In consideration of the privilege of keeping the pet, the resident agrees to pay $750.00 ($250.00 pet deposit and $500.00 nonrefundable pet fee). The
additional security deposit and nonrefundable pet fee under this Addendum do not limit Resident’s liability for property damages, cleaning,
deodorization, defleaing, replacements, or personal injuries.
2. The pet must not exceed 55lbs. fully-grown.
3. Resident will reimburse Lessor for any damages caused by the pet.
4. Pets must be on a leash at all times when outside the apartment. This is required by Law. Management or Management’s representatives may pick
up unleashed animals and/or report them to the proper authorities.
5. The pet must not disturb the neighbors or other residents, regardless of whether the animal is inside or outside the dwelling.
6. Pets may not be tied outside your apartment or left unattended on patios.
7. Cats are not allowed outside of your home.
8. Pets are not allowed in the pool, pool area, tennis courts, fitness center, and recreation areas and/or along the vita course.
9. The “Pooper Scooper” policy requires owners to clean after their pets at all times. Dog owners will be fined $250.00 for each violation of this policy.
After 2 violations of this policy, residents might not be able to renew their lease.
10. Resident is required to provide vaccination and proper veterinarian papers.
11. Management maintains the right to make reasonable changes to the animal rules from time to time if Management distributes a written copy of any
changes to every resident who is allowed to have animals.
12. In the event Resident, Resident’s guest, or any occupant violates any rule or provision of this Addendum (based upon Management’s judgment and
discretion), and Management provides Resident with written notice, Resident must remove the animal immediately and permanently from the premises.
Management additionally has all other rights and remedies set forth in the Lease, including filing eviction, seeking damages and all other remedies under
the Lease and applicable law.
13 . In the event Management receives a reasonable complaint from a neighbor or other resident or in the event Management, in its sole discretion,
determines that Resident’s animal has disturbed neighbors or other residents, Resident must immediately and permanently remove the animal from the
premises.
14. Resident and all co-residents will be jointly and severally liable for the entire amount of all damages caused by the animal, including all cleaning,
defleaing, and deodorizing. This provision applies to all parts of the dwelling unit, including carpets, doors, walls, drapes, wallpaper, windows, screens,
furniture, appliances, as well as landscaping and other outside improvements. If items cannot be satisfactorily cleaned or repaired, Resident must pay
for Management to replace them completely. Payment for damages, repairs, cleaning, replacements, etc are due immediately upon demand.
15. As an owner of the animal, Resident acknowledges he/she is strictly liable for the entire amount of any injury that the animal causes to a person or
anyone’s property. Resident agrees to indemnify Management for all costs of litigation and attorney’s fees resulting from any such damage.
I certify that the above information is true to the best of my knowledge. I understand the above rules, and I agree to move from the property or remove my pet from the premises
if any of these rules are violated. I will also reimburse Lessor for any rent loss or damage caused by the enforcement
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THIS ADDENDUM is made a part of the Apartment Lease Agreement (hereinafter “Lease”) and any renewal thereof dated the August 11, 2018
between the Resident(S),
James Schoenharr Julia Ann Maples 0 0 0 0
Landlord shall not be liable for any damages or losses to person or property caused by persons other than landlord. Landlord shall not be
liable for personal injury, damage or loss to Resident (personal property, furniture, jewelry, clothing, etc.) from theft, vandalism, fire, water,
rain storms, smoke, explosions, sonic booms, mildew or other causes whatsoever, whether caused by negligent acts of Landlord, its agents,
staff or otherwise. We strongly recommend that resident secures insurance to protect resident and Resident’s property. Landlord’s property
insurance does not cover risk of loss to resident’s property. Resident agrees to hold harmless and indemnify and defend Landlord from any
and all liability arising in any way whatsoever from the rendering of such service.
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This Utility Addendum is incorporated into and shall become part of the Apartment Rental/Lease Agreement dated August 11, 2018
between Resident(s)
James Schoenharr Julia Ann Maples 0 0 0 0
This Utility Addendum is in effect for the entire length of the lease period. To the extent that the terms of this Utility Addendum conflict with those of the Lease, this Utility
Addendum shall control. Resident(s) agree to pay for all utilities. Charges named below:
1. Water / Sewer / Trash Utilities: Resident’s Utility payment set forth herein is deemed additional rent and shall be due and payable monthly to Management
along with the monthly rent as set forth in Paragraph 4 of the Lease, all of which is due by the 1st of every month. Residents will not receive a monthly bill, but will
receive late notices if payment is not made within due time. Resident’s responsibility for these utility fees begins at the commencement of the Lease. In the event
any governmental authority, licensee, or franchisee requires water, power, or other resources conservation measures to be instituted inside the Resident’s unit,
Resident agrees to so comply at Resident’s expense. In the event any governmental authority or licensee or franchisee requires that trash be separated for recycling,
Resident shall comply with such requirements. Residents of the mid-rise building will not be billed for the trash service. The utility billing is based on the following
billing methodology described below:
2. Ratio Billing: The utility bill(s) shall not be considered a reduction or offset of the rental payment due to the owner, but shall be considered additional rent. It is
agreed that if payment is not received by the due date, then Resident shall be considered to be in default of their lease agreement according to the terms set forth in
the lease. Specifically, Resident will be billed the following amount $__N/A__ per month (this figure also represents the # of occupants). The resident is
responsible for the accumulation of late fees and other applicable charges, per billing cycle, if Management established that the account has been placed in a
delinquency status.
3. FPL: The resident is responsible for setting up their account with Florida Power and Light, on or before their expected move in date. If the account is not set up
on the day that the lease begins, any bill(s) received by Management for that time period will be applied to the resident’s account.
4. UTILITIES-CHANGES IN DELIVERY OR BILLING: Management may modify the method by which utilities are furnished to the premises and/or billed to
Resident during the term of this Lease, including, but not limited to sub metering of the premises for certain utility services or billing Resident for utilities previously
included within the rent. In the event Management chooses to so modify utility services to the premises, Management shall give Resident not less than thirty (30)
days’ prior written notice of the modification and the amount by which the base rental payable under this Lease shall be adjusted in respect of such modification.
The resident agrees that he/she is aware that Management can bring summary proceeding for Eviction as if the rent is in default for nonpayment of any
and/or all utilities. Furthermore, Management reserves the right to deny rent payment until a delinquent utility balance is paid.
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This addendum is made part of the Residential Lease entered into between (“Landlord”) and Taplin Falls LTD, and
James Schoenharr Julia Ann Maples 0 0 0 0
and any renewal thereof dated the August 11, 2018 (the “Lease”).
The parties acknowledge and agree that mold is a naturally occurring organism found virtually everywhere in our environment and that there is conflicting scientific
evidence as to the type and quantity of mold which may adversely affect health.
The parties further acknowledge that mold can grow where there is excess moisture present inside a dwelling and that it is necessary for the Resident(s) to take
appropriate measures to minimize the potential for mold growth in Resident’s dwelling unit.
Resident(s) acknowledges and agrees that if Resident(s) fails to comply with the terms of this Addendum, Resident(s) shall be responsible for damage to
the apartment and Resident’s property or any health problem suffered by Residents and/or other occupants of the apartment resulting there from.
Resident(s) acknowledges and agrees that a default under the terms of this addendum shall be deemed a material default under the lease and shall entitle the
Landlord to exercise all its rights and remedies at law.
All other terms, covenants and conditions of the Lease remain in effect and binding on the parties
IN WITNESS WHEREFORE, Landlord and Resident(s) have signed this Addendum to lease as of the
day of , 2015.
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By: Management or Management’s Agent Date
BED BUGS – A Guide for Rental Housing (Residents Copy)
Bed bugs, with a typical lifespan of 6 to 12 months, are wingless, flat, Mosquitos, the origination of such markings often to misdiagnosed.
broadly oval-shaped insects. Capable of reaching the size of an apple seed However, welts caused by bed bugs often times appear in succession
at full growth, bed bugs are distinguishable by their reddish-brown color, and on exposed areas of skin, such as the face, neck and arms. In some
although after feeding on the blood of humans and worm-blooded cases, an individual may not experience any visible reaction resulting
animals—their sole food source—the bugs assume a distinctly blood-red from direct contact with bed bugs.
While bed bugs typically prefer to act at night, they often do not
hue until digestion is complete
succeed in returning to their hiding spots without leaving traces of
their presence through fecal markings of a red to dark brown color,
visible on or near beds. Blood stains tend to also appear when they
Bed bugs don’t discriminate bugs have been squashed, usually by an unsuspecting host in their
Bed bugs increased presence across the United States in recent decades can be sleep. And, because they shed, it’s not uncommon for skin casts to be
attributed largely to a surge in international travel and trade. It’s not surprise left behind in areas typically frequented by bed bugs.
then that bed bugs have been found time and time again to have taken up
residence in some of the fanciest hotels and apartment buildings in some of
the nation’s most expensive neighborhoods.
Nonetheless, false claims that associate bed bugs presence with poor hygiene
and uncleanliness have caused rental housing residents, out of shame, to avoid Preventing bed bug encounters when traveling
notifying owners of their presence. This serves only to enable the spread of Because humans serve as bed bugs’ main mode of transportation, it is
bed bugs. extremely important to be mindful of bed bugs when away from home.
Experts agree that the spread of bed bugs across all regions of the
United States is largely attributed to an increase in international travel
While bed bugs are, by their very nature, more attracted to clutter, they’re
and trade. Travelers are therefore encouraged to take a few minutes
certainly not discouraged by cleanliness.
upon arriving to their temporary destination to thoroughly inspect their
accommodations, so as to ensure that any uninvited guests are
Bottom line: bed bugs know no social and economic bounds; claims to the
detected before the decision is made to unpack.
contrary are false.
Because bed bugs can easily travel from one room to another, it is also
recommended that travelers thoroughly inspect their luggage and
belongings for bed bugs before departing for home.
This addendum is made part of the Residential Lease entered into between (“Landlord”) and Taplin Falls LTD, and
James Schoenharr Julia Ann Maples 0 0 0 0
and any renewal thereof dated the August 11, 2018 (the “Lease”).
In the event of inconsistencies between this Addendum and the Lease, the provisions contained in this Addendum shall prevail.
The parties hereto acknowledge, understand and agree, as applicable, to the following:
1. Purpose of No-Smoking Policy: The parties desire to mitigate: (i) the irritation and known health effects of secondhand smoke; (ii) the increased maintenance,
cleaning, and redecorating costs from smoking, (iii) the increased risk of fire from smoking; and (iv) the higher costs of fire insurance for a non-smoke-free
building.
2. Definition of Smoking: The term “smoking” means inhaling, exhaling, breathing or carrying any lighted cigar, cigarette, pipe or other tobacco product or similar
lighted product in any manner or in any form. Smoking also refers to burning, lighted, or ignited non- tobacco products if they are noxious, offensive, unsafe,
unhealthy, illegal or irritating to other in the community.
3. Smoke-Free Apartments: Resident agrees and acknowledges that the premises to be occupied by Resident and members of Resident’s household have been
designated as smoke-free. Resident and members of Resident’s household shall not smoke anywhere in the dwelling unit rented by Resident, nor shall Resident
permit any guests or visitors under the control of Resident to do so.
4. Resident to promote No-Smoking Policy: Resident shall inform Resident’s guests of the no-smoking policy. Resident remains responsible for any violation of the no-smoking
policy by Resident’s guests, invitees or visitors under the control of Resident as well as all other rules or regulations of the Community. Further, Resident shall promptly give
Management a written statement of any incident where smoke is migrating to Resident’s unit from sources outside of Resident’s dwelling unit.
5. Management Not a Guarantor of Smoke-Free Environment: Resident acknowledges that Management’s adoption of smoke-free apartments does not make the Management or
any of its managing agents the guarantor of Resident’s health or of the smoke-free condition of any dwelling unit. However, Management shall take reasonable steps to enforce
the smoke-free terms of its leases where applicable. Management is not required to take steps in response to smoking unless Management has actual knowledge, evidence or has
been given written notice by Resident of said smoking.
6. Effect of Breach and Right to Terminate Lease: A breach of this Lease Addendum shall constitute a material breach of the Lease and give each party all the rights
contained herein, as well as the rights in the Lease, including Landlord’s right to terminate Resident’s Lease and tenancy. You are responsible for payment of all
costs and damages to your apartment, other residents' apartments, or any other portion of the apartment community for repair, replacement, or cleaning due to
smoking or smoke related damage caused by you or your occupants, guests, or invitees. Any costs or damages incurred by Landlord, related to repairs, replacement,
and cleaning due to your smoking or due to your violation of the no-smoking provisions of the Lease Contract and this Addendum are in excess of normal wear and
tear. Smoke related damage, including but not limited to, the smell of tobacco smoke which permeates sheetrock, carpeting, wood, insulation, or other components
of the apartment or building is in excess of normal wear and tear.
7. Other Residents are Third-Party Beneficiaries of Resident’s Agreement: Resident agrees that the other Residents at the community are the third-party beneficiaries of Resident’s
Smoke-Free Lease Addendum agreement with Management, meaning that Resident’s commitments in this Addendum are made to the other Residents as well as to Management.
A Resident may sue another Resident for an injunction to prohibit smoking or for damages, but does not have the right to evict another Resident. Any dispute, suit, claim or
demand between Residents herein shall not create a duty for management to support or join with residents involved nor shall it create a presumption that Management has failed
or has been negligent in enforcing the non-smoking policy or has otherwise breached the Lease and its Addenda.
8. Disclaimer by Manager: Resident acknowledges that Management’s adoption of smoke-free apartments does not in any way change the standard of care that Management would
have to a Resident’s household to render buildings and premises designated as smoke-free any safer, more habitable, or improved in terms of air quality standards than any other
rental property. Management specifically disclaims any implied or express warranties that the Community, including any building, common area, or the dwelling unit will have
any higher or improved air quality standards than any other rental property. Management cannot and does not warrant or promise that the Community, including without
limitation, the dwelling unit or any common areas, will be free from secondhand smoke. Resident acknowledges that Management’s ability to police, monitor, or enforce the
agreements of this Addendum is dependent in significant part on voluntary compliance by Resident and Resident’s guests. Residents with respiratory ailments, allergies, or any
other physical or mental condition relating to smoke are put on notice that Management does not assume any higher duty of care to enforce this Addendum than any other
Management obligation under the Lease.
9. Effect on Current Residents: Resident acknowledges that current residents residing in the Community under a prior lease will not be immediately subject to the no-smoking
policy. As current Residents move out, or enter into new leases, the smoke-free policy will implemented for new and renewed Leases
RESIDENT ACKNOWLEDGES THAT HE/SHE/THEY HAVE READ THIS ADDENDUM AND UNDERSTAND THE TERMS AND CONDITIONS CONTAINED
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