/ / - - / - - Tenant Name/Information / Tenant Name/Information The Tenants listed above, hereinafter collectively or individually as the context may require, referred to as “Resident,” “Lessee,” or “Tenant” and Phoenix-South, LLC (d.b.a. Phoenix South Management, hereinafter referred to as “Landlord” or “Lessor,” acting as agent for owner of Premises, hereby jointly and severally enter into this Residential Lease/Rental Agreement, hereinafter referred to as “Rental Agreement,” “Lease,” or “Agreement” on September 16, 2016, and in consideration of the premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby agree as follows: 1. PREMISES: Landlord leases to Resident, and Resident leases from Landlord, that certain residence known as: 516 W Jefferson Street, Tallahassee, Leon County, FL 32301; Jefferson Towers # (Premises). The Apartment will be furnished unfurnished. 2. TERM: This lease shall begin on the day of August, 2016, and end on the 31 day of July, 2017, at 12:00 noon. 3. RENTAL: Resident hereby jointly and severally agrees to pay the following sums of money to Landlord in consideration of this lease without demand or billing on the first day of each month during the Lease: $ for pro-rated rent (if any) for period – $ for rent for period per month) $ for security deposit subject to terms stated herein $ Total of lease term – ($ 4. ADDITIONAL RENT DUE TO LATE PAYMENT: All rental payments due shall be paid in full on or by the due date thereof. Rent is due on the first (1st) day of the month. Resident shall mail or hand deliver the rent, either to an employee of the Landlord or through the mail drop box. Rent that is mailed must be actually received on or before the fifth (5 th) to avoid additional rent penalties. If rent is not paid in full by the fifth day of the month, it is delinquent and the Resident will be deemed in default under this lease. If a holiday falls during the first five days of the month, or the office is closed for a weekend or any other reason, the rent will still be considered late if it is not received by close of business on the 5th day of the month. Resident shall pay $50.00 in additional rent on the 6th due to said non-payment. Every day thereafter, there will be an additional rental amount of $5.00 due, until all accrued rent is paid in full. Any balance in excess of $99.99 will be charged late fees. All late fees will be applied as additional rent. Any unpaid rent or additional rent not paid by the 15th of the month must be paid by certified cashier’s check, money order, credit card, or debit card only. Unless otherwise expressly provided herein, any and all monies owed by Resident to the Landlord shall be deemed rent under this Lease. All payments will first be applied to the oldest outstanding balance, if any. _____________ Resident/Tenant Initials 5. SECURITY DEPOSIT: Before occupying Premises, Resident must pay the full security deposit of $ . The security deposit is not advance rent, but it is a good faith deposit for faithful fulfillment of each condition of this lease and addendums as a contingency against physical damage to the Premises or property caused by you or your family or invitee, and to ensure that you have (a) Complied with the terms and conditions of this lease; (b) Provided Landlord with 60 days written notice of your intent to vacate; (c) Surrendered the Premises and turned over the keys to Landlord prior to the termination of this lease; (d) Not damaged the Premises beyond ordinary wear and tear, at the discretion of Landlord; (e) Cleaned the entire unit, including carpets being professionally steam cleaned, and removal of all debris, rubbish, etc.; (f) Paid all rent and other charges due to Landlord. If the carpets are not professionally steam cleaned, a minimum of Fifty Dollars ($50.00) will be taken out of the deposit. The Premises must be returned to landlord in move-in ready condition. Your liability for the above is not limited to the amount of the security deposit. We reserve the right to collect for any excess amount including costs and a reasonable attorney’s fee if legal action is necessary to collect the same. Resident’s security deposit will be held in a non-interest bearing account with Tallahassee State Bank, whose address is 601 North Monroe Street, Tallahassee, FL 32301. Notice will be given of any change unless the depository has merged with another financial institution, changed its name, or transferred ownership to a different financial institution. The following applies to Florida Statute 83.49 (2)(d): 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. 6. RETURNED PAYMENTS: If any check given to Landlord by or for Resident is returned unpaid for any reason, Resident shall pay a service charge of Twenty-Five Dollars ($25.00) (for checks up to $50.00); Thirty Dollars ($30.00) (for checks exceeding $50.00 but less than $300.00); Forty Dollars ($40.00) for checks exceeding $300.00) or five percent (5%) of the value of the check (whichever is greater). Payment for the returned check and the service charge must be paid in cashier’s check, money order, credit card, or debit card. Checks will no longer be accepted by Management after two (2) returned checks. All future payments shall be made by cashier’s check, money order, credit card, or debit card. The item(s) for which a returned check was given shall be deemed unpaid until the cashier’s check, money order, credit card, or debit card payment for the returned check, plus the service charge, applicable late fee(s), and any other sums due under the Agreement, are received by the Landlord. If an online payment is returned, Resident is responsible for all of the same fees and penalties as if a check had been dishonored. Management is not responsible for notifying Resident of a returned online payment. 2 _____________ Resident/Tenant Initials 7. APPLICATION: There shall be a Forty-Five Dollar ($45.00) non-refundable, application fee charged to all Residents prior to occupying the leased Premises. The Application is hereby incorporated by reference as part of this Lease. If any information given by Resident in Resident’s application, lease, Guarantor, or any other documents required by the Landlord is false, Landlord may, at its option, terminate this lease. If any information on Resident’s application or Guarantor form change, Resident must notify Management in writing within five (5) days. 8. USE AND OCCUPANCY: The premises shall be occupied by Resident as a residential private dwelling unit, and no other purpose. Premises shall be occupied by Resident(s) and no other person except for occasional overnight guests. The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and all covenants and restrictions affecting the Premises. Resident agrees not to use, keep, or store on the Premises any dangerous, explosive, toxic material which would increase the probability of fire or which would increase the cost of insuring the Premises. No business or commercial activity or service shall be operated out of the Premises. 9. SUBLET: Resident may not sublet Premises, or assign this lease, without prior written consent of Landlord. Sublessor must agree to be bound by all terms of this Lease, pre-qualify in Landlord’s sole and absolute discretion, and Resident shall not be released from responsibility under this Lease. An administrative cost of Two Hundred and Fifty Dollars ($250.00) must be paid at lease transfer. 10. RENEWAL AND HOLDOVER: In the event the Resident wishes to extend this Lease beyond the expiration date, Resident must execute a new lease provided by the Landlord prior to the termination of this Lease Agreement. The new lease will include terms and conditions, including rental amount, which may differ from those set forth herein. Resident will not be allowed to holdover at the expiration of the termination date of the tenancy herein. Hold over tenancy (defined as failure to return all keys to apartment and/or remove all belongings therefrom) will result in a minimum charge of One Hundred and Fifty Dollars ($150.00) and a daily charge equal to double the amount of rent due on the unit, in accordance with Section 83.58, Florida Statutes. Any other associated expenses or losses incurred by Landlord will also be charged to Resident. All keys mailed by Resident must be received by Landlord no later than the last day of the lease. Mailed keys must be sent return receipt, certified mail to Landlord. The lease is considered expired at noon on the last day of the lease. 11. SURRENDER OR ABANDONMENT: Abandonment is presumed if the Resident is absent from the dwelling unit and premises for a period of fifteen (15) days. However, this presumption shall not apply if the rent is current or the Resident has notified the Landlord, in writing, of an intended absence during a current lease period. BY SIGNING THIS RENTAL AGREEMENT THE RESIDENT AGREES THAT, UPON SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE RESIDENT’S PERSONAL PROPERTY. 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 PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE RESIDENT'S PERSONAL PROPERTY. 12. CONTENTS AND FURNISHINGS: If the premises are leased as a furnished Premises, the items listed on the separate addendum attached to this lease are made part hereof. Resident agrees to return all items listed on the addendum to the Landlord at the end of the term of this Lease in as good of a condition as received, reasonable wear and tear excepted. Resident accepts the condition of the furnishings, waiving inspection of same. Defects in the furnishings must be presented in writing and delivered to Landlord within ten (10) days of receiving the furnishings. If Resident fails to return the “Furniture Condition Form” within ten (10) days, the furnishings will be presumed to be in perfect condition. No claim of pre-existing damage will be accepted after ten (10) days. 13. LIABILITY OF LESSOR: The Lessor shall not be liable to the Lessee for any damages resulting from Lessor’s inability to deliver possession of the Premises to Lessee at the commencement of the Term, provided however, Lessee shall not be liable for payment of any rent until possession of the Premises has been delivered to Lessee. Lessee may cancel this 3 _____________ Resident/Tenant Initials Lease if possession of the Premises has not been delivered within 30 days of the commencement of the Term. The Lessor shall not be in any way liable to the Lessee or his/her property or his/her immediate family or their property, due to any discontinuance of heat, air conditioning, mechanical, refrigeration, hot water, electrical or gas service caused by nonpayment, accident, breakage, strikes, or Acts of God. The Lessor shall not be liable for any loss or damage to property of Lessee by moths, termites, other vermin, rain, snow, mildew or water that may leak into or flow from any part of said premises due to defects in said premises or any part thereof. The Lessor shall not be liable for any loss or damage to property of Lessee due to theft, malicious mischief, or vandalism. The Lessor shall not be liable for any loss, cost, damage, or injury arising out of personal conflict, intentional conduct, or personal injury to Resident, family, or guest thereof. The Lessor shall not be responsible for any damage to or loss of any vehicle or accessory of such vehicle, stored or parked, in the Premises parking area nor for anything stored or left in said space or in said vehicle. 14. SECURITY: Lessor does not provide security services for Resident’s protection or the protection of Resident’s property. Resident assumes the risk for their own protection and waives all claims against Landlord for absence of security services. Lessor shall not be liable for failure to provide security services to protect Resident, Resident’s family, guests or others, or Resident’s property from the criminal or wrongful acts of our employees, agents, or others. If from time to time, Lessor provides security services, those services are only for the protection of Lessor’s property and shall not constitute a waiver of, or in any manner modify, this disclaimer. 15. STORAGE: Resident must remove all personal property at termination of Lease. Pursuant to Section 83.67(5), Florida Statutes, upon surrender or abandonment of the Premises by the Resident(s), the landlord shall not be liable or responsible for storage or disposition of the Resident’s personal property. If there is storage space anywhere on Premises, Management shall be deemed bailee without hire and shall not be held liable for the loss or damage from any cause whatsoever to any article which resident may store or cause to be stored therein at any time. Resident shall not keep, store, or allow to be brought to or on the Premises any regulated substances (except substances intended to be used exclusively for household and consumer purposes). Regulated substances include pollutants, hazardous materials, and any other substance for which the storage, use, or disposal is regulated by federal, state, or local laws, rules, or regulations. 16. ALTERATIONS: Resident may not paint or make any alterations, additions, or improvements to the leased Premises without first obtaining the Landlord’s written consent. Any improvements, additions, or alterations to the Premises made by the Resident shall become Landlord’s property. Any such improvement, addition, or alteration shall be in compliance with the terms and conditions specified by Landlord in its consent. Any improvement, addition, or alteration to the premises (including locks and bolts) shall remain as part of the premises after termination of this Lease. 17. UTILITIES: No utilities are furnished by Landlord, except: N/A Water, sewer electric. All additional utilities including, but not limited to, electricity, telephone, etc., are the responsibility of and shall be obtained by Resident at Resident’s expense. The Landlord shall not be responsible for providing or maintaining additional cable or internet lines or service for Resident. Resident will need to provide proof of application for utilities prior to move-in. If utilities are not turned on prior to move in and PhoenixSouth is charged for Resident’s utilities, a $50 fee will be assessed in addition to the cost of utilities. A $50 monthly fee will be charged until utilities are turned on in Resident’s name. Resident agrees to keep utility account in his or her name and in good standing (water, sewage, electricity) for the entire Term of Lease. If utilities are transferred into Landlord’s account due to fault of Resident, Resident agrees to pay for the service and all related expenses, including a $50 monthly fee. Resident acknowledges and agrees that Landlord may use Resident’s security deposit to cure any default due to Landlord in the payment of utilities and that security deposit shall be restored by Resident. 18. PETS: Pets are prohibited. Lessee hereby agrees not to allow or keep any pets in or about the leased premises, except pets approved by separate written agreement with Landlord. The only “pet” allowed without prior approval is fish. Lessee understands that the prohibition of pets also applies to pets of Lessee’s guests or unexpected visitors, even if the pet does not enter the Premises. If pet is kept on the premises, Lessee hereby agrees to pay a fee of One 4 _____________ Resident/Tenant Initials Hundred Dollars ($100.00) as liquidated damages and an additional fee of Twenty-Five Dollars ($25.00) for each additional day the pet remains on the premises. This fee shall be applied in all cases, even those where Lessee is “keeping” the pet for a friend or the pet is just “visiting” with a guest or visitor of Lessee. 19. DAMAGE TO PROPERTY: Should the premises be partially damaged by casualty not due to negligence or conduct of the Resident or Resident’s guests, invitees, or assignees, the property shall be repaired immediately by the Landlord and any rentals for the period the premises are wholly untenantable shall be abated. However, should the property suffer substantial damages (substantial damages include destruction of the Premises or damage rendering it untenantable for more than three (3) months), Landlord may elect to terminate this Lease, and the rent shall be adjusted up to the date of the casualty, or Landlord may provide alternative housing, as set forth in the following section. In the event the premises are damaged by the conduct, acts, or omission of Resident or Resident’s guests, invitees, or assignees, Resident agrees that Landlord will repair said damage and that the cost to repair said damage will be billed as additional rent. Should it become necessary for Landlord to bill Resident for repairs, as authorized in this Agreement, it shall be billed as additional rent, and Resident shall pay regular rent and additional rent in full by the first day of the next calendar month after written notice from Landlord. Failure to pay the full amount due by the first of the month shall be deemed a material breach of this Agreement. The application of Resident’s security deposit to repair damage shall in no way relieve Resident of liability for damages which exceed the amount of security deposit. Resident shall immediately report to the Landlord and the local law enforcement authority any acts of vandalism to the Premises and shall provide Landlord with a copy of any police report. 20. ALTERNATIVE HOUSING: If the Premises are damaged or destroyed, other than by wrongful or negligent acts of Resident or persons on the Premises with Resident’s consent, so that the use of the Premises is substantially impaired, Landlord agrees to provide Resident with other and equivalent premises at the same terms as the leased premises, either permanently or until repairs can be made. Resident agrees to accept such substitution as a continuation of this Lease and without suspension of its terms and applicability. “Equivalent” shall be taken to mean substantially or reasonably the same without necessity to be identical in location, elevation, or furnishings. If Resident has made alterations to original apartment, Landlord is not responsible for recreating the alterations or reimbursing the cost of alterations. 21. RIGHT OF ENTRY: Landlord shall have the right of entry without Resident’s consent to the premises for inspection and repair, maintenance, and to confirm Resident’s compliance with this Lease, during reasonable hours. In case of emergency, Management may enter at any time to protect life and prevent damage to the premises or Resident’s property. 22. CONDITION OF PREMISES: Resident accepts the condition of the premises, waiving inspection of same. Defects in the Premises must be presented in writing and delivered to Landlord within ten (10) days of receiving the keys to the Premises. If Resident fails to return the “Move In Condition Form” within ten (10) days, the Premises will be presumed to be in perfect condition. No claim of pre-existing damage will be accepted after ten (10) days. 23. INDEMNIFICATION AND CRIMINAL ACTS: Resident agrees to indemnify Landlord against any loss, damage, injury, claim, demand, expense, liability arising out of Resident’s use of the premises, including losses arising out of the use of the premises by others with Resident’s consent. Resident shall indemnify and hold harmless Landlord from and against any claims, losses, costs or expenses resulting from claims by any third party arising out of the lease, the Premises, or this Agreement, including damages, costs, expenses, and reasonable attorney’s fees. Resident further agrees that Landlord shall not be liable for any criminal acts against Resident’s person, family, guests, or property committed by any third party. Resident further agrees that any criminal acts by Resident or their guest will constitute a default of this Lease, and at Landlord’s option will result in termination of lease. If Resident is convicted of a felony or it is discovered that he or she was previously convicted of a felony, this lease may be terminated by Landlord. 5 _____________ Resident/Tenant Initials 24. RENTERS INSURANCE: Lessor expressly advises the Lessee to provide him/herself with a Lessee’s insurance policy to insure possessions in or on the premises. Landlord does not insure Resident’s personal property. Resident acknowledges that he/she is aware that he/she is responsible for obtaining any desired insurance for fire, theft, flood, etc. on personal possessions, contents, family and guests. If Resident elects not to acquire renter’s insurance, Resident is fully aware that any damages to his or her property are the sole responsibility of Resident, and the Landlord will not be held liable. 25. EARLY TERMINATION POLICY: Without limiting in any way Resident’s obligations under the Lease, the effectiveness of early termination is also contingent on the following: a. Giving Management at least one month’s written notice, effective only on the last day of a given month; b. Paying all monies due through date of termination; plus c. Paying an amount equal to two month’s rent for the two months following move out; plus d. Returning residence in a clean, ready–to-rent condition; plus e. Complete compliance with all applicable terms of the Lease; plus f. Forfeiture of Security Deposit. 26. WAIVER AND SEPARABILITY: The waiver of any one breach of any provision of this Lease shall not be considered a waiver of that or any other provision herein. Should Landlord or Tenant fail from time to time to exercise a right stated in the Lease, those rights shall not be waived. Landlord or Tenant may choose to comply with strict terms of Lease at a later date. All rights, powers, remedies, and privileges available hereunder to the parties hereto are cumulative and are in addition to the rights granted by law. Should any portion of this Lease be deemed invalid, such invalidation shall not operate to invalidate the remaining portions of this Lease. Management’s acceptance of rent after knowledge of breach of this lease by Resident is not a waiver of Management’s rights or an election not to proceed under the provisions of this lease of the law. Management’s rights and remedies under this lease are cumulative; the use of one or more shall not exclude or waive our right to other remedies. Resident’s rights under this lease are subordinated to any present or future mortgages on the Premises. PhoenixSouth may assign our interest in this lease. Resident agrees to waive his or her right to demand a jury trial concerning the litigation of any matters arising between Resident and Management. 27. BINDING EFFECT: This agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and legal representatives. 28. NON-RECORDABILITY OF LEASE: The parties covenant that this Lease shall not be recorded, and that such recording of the same may be considered, by the party not so recording, as a material breach of this Lease. 29. EMINENT DOMAIN: If the whole or any part of the Premises is taken or condemned by any competent authority by eminent domain (or threat of eminent domain), the term of this Lease shall end upon and not before the date when possession of the part so taken shall be required, and without apportionment of the award. Resident shall have no right to appear and defend in any suit by such competent authority and Resident shall have no right in any award. Current rent shall be apportioned as of the date of such termination. 30. ENTIRE AGREEMENT: All of the promises and understandings between Landlord and Resident are contained in this Lease. There are no other promises or understandings between the parties. Any changes to this Lease must be in writing and signed by both Landlord and Resident. Neither Landlord nor any of Landlord’s representatives have the authority to make any oral promises, representations, or agreements. This Lease constitutes the entire agreement between Landlord and Resident. Landlord’s respresentatives have no authority to waive, amend, or terminate Lease or any part of it, unless in writing. Notwithstanding, Landlord reserves the right, and Resident hereby acknowledges such right, to adopt new or modify existing rules and regulations upon notice to Resident. 31. RADON GAS/ASBESTOS AND LEAD BASE PAINT DISCLOSURE: This disclosure is required by Section 404.056(8), Florida Statutes: “Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient 6 _____________ Resident/Tenant Initials 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.” Buildings built prior to 1980 are known to contain traceable amounts of asbestos containing materials (ACMs). ACMs are generally found in original kitchen tile, acoustical ceiling treatments, drywall and joint compound, and original sink under-coatings. These areas of the Premises should not be disturbed and any maintenance issues relating to these areas should be referred to the management. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. 32. MOLD AND MILDEW: Resident acknowledges that the Premises are 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 dehumidification of the Premises to retard or prevent the growth of mold or mildew. Resident agrees to be responsible for properly ventilating and dehumidifying by operation of the HVAC system as necessary, to retard and prevent mold and mildew and that the Landlord shall not be responsible for damage to the Premises or the personal property contained therein for damages caused by mold and mildew. Resident is responsible for changing or cleaning the unit’s HVAC filter monthly. 33.NOTICES: All notices for Management must be sent to PhoenixSouth Management, 502 West Jefferson Street, Tallahassee, FL 32301 unless Landlord gives Resident written notice of a change. All notices of such names and addresses or changes thereto shall be delivered to the Resident’s residence or, if specified in writing by the Resident, to any other address. All notices to the Landlord shall be given by U. S. Mail or by hand delivery. Any notice to Resident shall be given by U. S. Mail or delivered to Resident at the Premises. If Resident is absent from the Premises, a notice to Resident may be given by leaving a copy of the notice at Premises, and is considered delivered and received. 34. LIENS: Resident shall not have the right or authority to encumber the Premises or to permit any person to claim or assert any lien for the improvement or repair of the Premises made by the Resident. Resident shall notify all parties performing work on the Premises at Resident’s request that the Lease does not allow any liens to attach to Landlord’s interest. 35. MAINTENANCE: Resident is responsible for testing and maintaining all smoke alarm devices, and replacing, or cleaning if applicable, HVAC filters monthly. Resident shall be responsible for and pay for any stoppage caused to the plumbing or damage to other equipment, appliances, or fixtures in or on the Premises caused by misuse. All repairs shall be made by Management’s maintenance staff. If Resident contracts for repairs through a third party, Resident shall be responsible for all fees and charges and shall be liable for any damage done to Premises or related equipment. Repair costs incurred by Management due to negligence or misuse by Resident shall become additional rent when unpaid after proper notice. Resident may not remove any fixtures or furniture that belongs to Management without prior written approval. 36. MAINTENANCE REQUESTS: Maintenance requests should be made to the office during business hours or through our online resident portal. Any water leak must be reported immediately. ONLY in the case of an emergency, call the night manager’s number and leave a message. Emergencies include fire, flood, electrical shortage, or sewer back-up. Resident may be responsible for the cost of repairs if repairs are necessary due to wrongful or negligent acts of Resident or persons on Premises with Resident’s consent, including but not limited to, failing to change or clean HVAC filter. 37. LOCKS: Altering locks installed on the doors of the Apartment is prohibited. No security alarm may be installed without prior written consent from Landlord. If a security alarm is installed, we must have the entry code. In the event of damage to doors or locks, any repair or replacement shall be at the expense of Resident. Resident must, at termination of his or her Lease, return all keys to doors and mailboxes. Landlord will change locks during lease term at Resident’s request, and Resident will pay Thirty Five Dollars ($35) to have the lock rekeyed. 7 _____________ Resident/Tenant Initials 38. LOCKOUTS: If Resident is locked out of his or her apartment when the office is not open and requires the assistance of the night manager to gain access to the apartment, Resident agrees to pay a Fifty Dollar ($50) fee in cash at time of lockout service. 39. OBSTRUCTIONS: Entrances, hallways, walks, lawns and other public areas should not be obstructed or used for any purpose other than entering or exiting. Any obstruction that is created by a resident will be removed and the cost for such removal will be billed to the resident. Balcony or patio areas must be kept neat and clean at all times. No rugs, towels, laundry, clothing, or other items should be stored, hung, or draped on railings, landscaping, or other portions of the building. 40. PARKING: Except for automobiles, no vehicles (including boats, boat trailers, campers, travel trailers, and motor homes) may be parked at the Leased Premises without prior written consent of Management All vehicles must be currently licensed and in good operating condition and must be parked only in the spaces provided for parking. No repairs may be made to a vehicle on the Premises. No vehicle may be parked in front of dumpsites, blocking other vehicles, ON THE GRASS, outside the boundaries of a single designated parking space, or in entrances or exits. Any violation of the foregoing rules will subject the vehicle to being towed without notice at owner’s expense. Management is not liable for any damage arising as a result of towing. Resident agrees to indemnify and hold Management harmless for any claims by Resident’s guests or invitees for the towing of their vehicles for violation of these; and acknowledges that it is Resident’s responsibility to advise guests and invitees of the proper manner for the parking of their vehicles, and Resident further agrees to determine in each case that they have complied therewith. Management may impose additional parking regulations including limiting the number of vehicles which may be parked on the Premises, requiring the use of parking decals on vehicles, and/or assigning parking spaces. No more than one vehicle is allowed for each adult resident without Landlord’s written consent. 41. PEST CONTROL: If a problem with pests exists, notify the office. Landlord, unless otherwise agreed upon in writing, will make reasonable provisions for the extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs only. Resident is responsible for maintaining a high standard of good housekeeping to assist pest control efforts. 42. GARBAGE: All garbage must be placed promptly in the receptacle provided in the garbage collection area, and in no other place. There will be a minimum $25.00 per bag service fee for any garbage left outside Resident’s front door or not disposed of properly. 43. NOISE/NUISANCE: Resident and their guest(s) shall have due regard for the comfort and enjoyment of all other residents in the community. Resident shall not engage in or allow any activities at the premises which constitute a nuisance, or which interferes with the quiet enjoyment of other Residents or neighbors. 44. SIGNS/WINDOW TREATMENTS: Resident may not display signs or exterior lights on the Apartment or Premises. Resident may not attach awnings or other projections to the outside of the building. Resident may not put any stickers or other adhesives on the window that can be seen from the outside. All apartments are furnished with standard miniblinds. Any resident furnished window treatments, should be installed so blinds are not covered or obstructed from the exterior. 45. ANTENNAS: Radio, television, CB, or other type of aerials or antennas may not be placed or erected by Residents on the roof, grounds, or exterior of any building. 46. LAUNDRY ROOM: Our laundry rooms are open 24 hours a day. There is a coded lock on each door; Resident will be given the current code upon move-in. Please remove clothing from machine promptly. Do not use tints or dyes. Report malfunctions to the leasing office. 8 _____________ Resident/Tenant Initials 47. PACKAGES: PhoenixSouth Management does not accept packages on behalf of Residents. If Resident is not home when a package is delivered, a note should be left on your door by the delivery company and should give instructions on when and where it can picked it up. Management is not liable or responsible for any packages left at Resident’s door. 48. NON-SMOKING: These are non-smoking apartments. If it is discovered that Resident or a guest has smoked in or about the Premises, Resident will automatically be charged a fine that is equvialent to the the cost of full carpet replacement and fully painting the Apartment upon move out. Additional charges may be assessed if there is further damage. 49. PAYMENTS ACCEPTED: PhoenixSouth Management accepts checks, money orders, credit cards, and debit cards. When paying with a credit or debit card, there is a 3% convenience charge for each transaction; this is subject to change at any time without warning. We do not accept cash under any circumstance. Resident is also able to pay online through the online resident portal and is subject to any fees associated with online payments. 50. DEFAULT AND REMEDIES: If Resident defaults in complying with Lease or the law, Management has the right to terminate Lease Agreement, to re-enter, and retake possession of Premises. Management hereby notifies Resident that rent is accelerated upon default. Under no circumstances can Management’s acceptance of keys, or re-entry, or any other action be considered as termination of the lease or retaking for our own account. If PhoenixSouth engages an attorney to act for us in any matter arising out of this lease, we shall be entitled to recover all reasonable attorney’s fees and all expenses and costs incurred. Please refer to Part II, Chapter 83, entitled Florida Residential Landlord Tenant Act which contains information on defaults and remedies. 9 _____________ Resident/Tenant Initials ACKNOWLEDGEMENT: Resident hereby acknowledges that he or she has read this Lease Agreement, the rental application, and all addendums. Resident understands that the rules and regulations may be amended from time to time and are for the purpose of protecting the premises and providing for the safety and the well being of all occupants of the premises, and affirms that Resident will, in all respects, comply with the terms and provisions of this lease agreement. Resident acknowledges that this lease is a legal document and is intended to be enforceable against Resident and any guarantor in accordance with its terms and conditions. Resident should seek competent legal advice if any portion of this lease agreement or related documents is not clear or otherwise understood by Resident. IN WITNESS WHEREOF, the parties hereunder have hereto set their hands and seal this ____ day of _____________________, 20____. LANDLORD: PhoenixSouth Management BY: As Its: Authorized Agent _____________ TENANT(S): ____________________________________________________ Signature __________________________ Printed Name ____________________________________________________ Signature __________________________ Printed Name STATE OF , COUNTY OF _________ The foregoing instrument was acknowledged before me by _____________________________ this ____ day of _______________, 20___. Personally Known Produced __________________________ as identification STATE OF ___________________ Notary Public’s Signature (Stamp Name, Commission # and Expiration below) , COUNTY OF _________ The foregoing instrument was acknowledged before me by _____________________________ this ____ day of _______________, 20___. Personally Known Produced __________________________ as identification ___________________ Notary Public’s Signature (Stamp Name, Commission # and Expiration below) 10 _____________ Resident/Tenant Initials Resident(s), known as , agree to the following in order to minimize the occurrence and growth of mold or mildew in the Leased Premises known as 516 W Jefferson Street, Tallahassee, Leon County, FL 32301; Jefferson Towers # : 1. MOISTURE ACCUMULATION: Tenants shall remove any visible moisture accumulation in or on the Leased Premises, including on walls, windows, floors, ceilings, and bathroom fixtures; mop up spills and thoroughly dry affected areas as soon as possible after occurrence; use exhaust fans when necessary; and keep climate and moisture in the Leased Premises at reasonable levels. 2. CLEANLINESS OF PREMISES: Tenant shall clean and dust the Leased Premises regularly, and shall keep the Leased Premises, particularly kitchen and bathrooms, clean. 3. USE OF HVAC: Tenant must use the HVAC system regularly in the Apartment or a dehumidifier in order to maintain proper humidity levels. Tenant is responsible for keeping humidity in the Apartment at or below sixty percent (60%). 4. NOTIFICATION OF MANAGEMENT: Tenant shall promptly notify management in writing of the presence of the following conditions: a. A water leak, excessive moisture, or standing water inside Leased Premises; b. A water leak, excessive moisture, or standing water in an common area; c. Mold or mildew growth in or on the Leased Premises that persists after Tenant has tried to remedy it with household cleaning solutions, such as, disinfectants, mildew remover, or bleach solutions; d. A malfunction of any part of the HVAC system in the Leased Premises. 5. LIABILITY: Tenant shall be liable to Landlord for damages sustained to Leased Premises or Tenant’s personal property as a result of Tenant’s failure to comply with the terms of this Addendum. 6. VIOLATION OF THIS ADDENDUM: Violation of this Addendum shall be deemed a material violation under the terms of the Lease Agreement, and Management shall be entitled to exercise all rights and remedies it possess against Tenant at law or in equity. ___________________________________________ Resident ________________________ Date ___________________________________________ Resident ________________________ Date ___________________________________________ Agent for PhoenixSouth Property Management ________________________ Date 11 _____________ Resident/Tenant Initials
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