* * *RESIDENTIAL RENTAL / LEASE AGREEMENT * * *
This agreement made this 3rd day of DECEMBER 2006 is between CHRIS LOETSCHER (hereinafter called OWNER) and ?? (hereinafter called RESIDENT) regarding the property that is located at 1626 N.W. 31st PLACE, GAINESVILLE, FL32605 (hereinafter called PREMISES). OWNER leases to RESIDENT, and RESIDENT rents from OWNER the residential MASTER BEDROOM and MASTER BATHROOM . Access is not granted to RESIDENT to the bathroom and bedroom(s) that are leased to other fellow resident(s) or roommate(s) hereinafter called TENANT(s), nor the bedroom and/or the front garage area for the private use of OWNER. However, RESIDENT does have entitlement to all privileges and shared access to all other living areas including the washer-dryer area on the elevated floor in the rear of the attached garage and the entire exterior of the PREMISESincluding permission to share the use of the outdoor storage shed.
______(Initials ofRESIDENT) SECTION A. TERM OF LEASE and OCCUPANCY OF PREMISES:
The term of this lease begins on the 3rdday of DECEMBER 2006, at noon, and ends on the 15th day of AUGUST 2007, at noon. Solely RESIDENT and no other person(s) shall occupy the aforementioned bedroom with access to PREMISES under this lease. GUESTS OR VISITORS, either singularly or severally of RESIDENT are allowed to stay without additional charge to RESIDENT if they, either individually or collectively, stay no longer than a total ofSEVEN (7) DAYS, either separately or consecutively, in any monthly rental period. RESIDENT is responsible and liable for the conduct of his visitors and guests and agrees to cooperate with OWNER to resolve the situation if any guest and/or visitor violates the rules or regulations agreed to and contained in this document between RESIDENT and OWNER.
If any person that is a GUEST or VISITOR of RESIDENT does stay in the bedroom rented to RESIDENT and/or dominates any other part of the PREMISES as a form of occupancy for any additional days more than the aforementioned allowed visiting limits, RESIDENT shall become responsible for an additional TEN DOLLARS ($ 10.00) per dayfor thatOCCUPANTasADDITIONAL RENT that immediately becomes due and payable WEEKLY, that is, seven (7) days in advance.RESIDENT understands that if such additional RENT for the OCCUPANT is required by OWNER,RESIDENT will be notified in writing of his additional financial responsibility as indicated in this LEASE and RESIDENT will become legally obligated by noon on the following day that document is hand-delivered to RESIDENT. Such amounts due become part of the LEASE agreement. To avoid problems and/or additional penalties, if changes in the occupancy of said PREMISES including SUB-LEASING and/or allowing an additional PERMANENT ROOMMATE to share the PREMISES during this LEASE are desired, such changes must first be discussed, and then approved in writing by OWNER and/or HIS DESIGNATED REPRESENTATIVE.
______( Initials of RESIDENT) SECTION B. RENT, POSSESSION, KEYS, and PAYMENTS:
The RENT is FOUR HUNDRED AND SIXTY DOLLARS ($ 460.00) per month plus the share of the electric and gas utilities per month as described in SEC. D of this LEASE. Possession of dwelling will be given to RESIDENT by no later than noon, DECEMBER 3rd, 2006, SUNDAY with RESIDENT's receipt of a key that provided RESIDENT access to PREMISES as described in the first (1st) Paragraph and SECTION A. of this RESIDENTIAL RENTAL / LEASE AGREEMENT and upon acceptance of the terms of this LEASE and payments to be received as follows: RESIDENT hereby acknowledges that the sum of FOUR HUNDRED DOLLARS ($ 400.00) is the required SECURITY DEPOSIT to indemnify OWNER against damage to the property and/or for RESIDENT's failure to fulfill the conditions of this agreement, and the SECURITY DEPOSIT is to be paid in full at the time the lease is signed by RESIDENT. RESIDENT agrees to pay the full month's rent covering the period from noon, DECEMBER 15th, 2006 until noon, JANUARY 15th, 2006 at the time of the signing of the lease. Then on DECEMBER 15th, 2006, noon, RESIDENT will pay the pro-rated amount of FIFTEEN DOLLARS PER DAY for the rental period from DECEMBER 3rd, 2006, noon until DECEMBER 15th, 2006, noon, for twelve days rent, in the sum of ONE HUNDRED AND EIGHTY DOLLARS ($ 180.00).
Permission is granted to RESIDENT that a lock may be installed and/or changed on the doorknob of RESIDENT's private bedroom by RESIDENT at his own expense and only if it does not cause or result in any damage to the door or its framework. It is also agreed that OWNER and/or HIS
DESIGNATED REPRESENTATIVE will receive a duplicate key for the lock within no later than 48 hours of such installation.If RESIDENT fails to provide a key as described, OWNER has the right to remove or change the lock without the permission of RESIDENT. Any lock in stalled on the PREMISES immediately becomes part of the PREMISES and the property of OWNER, and may not be removed or changed again by RESIDENT without the expressed permission of OWNER and/or HIS DESIGNATED REPRESENTATIVE. RESIDENT acknowledges he is solely responsible for the loss of any key(s) that have been provided to him. RESIDENT agrees to return all keys to the PREMISES to OWNER and/or RESIDENT will pay Five Dollars
($ 5.00) for each unreturned key when his occupancy ends.
CASH is not an acceptable form of payment for monies due under this lease. RESIDENT's personal, imprinted, bank checks, and/or money orders, and/or bank checks made payable to OWNER are acceptable forms of payment. However, acceptance of any form of payment is determined solely by OWNER and subject to change without written notice. Any returned check or other improper form of payment will be considered as UNPAID RENT and will result in a loss of the privilege to pay by anyone's personal checking account.RESIDENT agrees to pay an additional THIRTY DOLLARS ($ 30.00) for any dishonored check, improper forms, or any form of payment that is not accepted at OWNER's choice of financial institution. Such additional charges must be paid-in-full along with the current month's RENT before the next month's rent.
If RENT is not paid as agreed and described in SECTION A.,a late fee ofTEN DOLLARS ($ 10.00)per day will be charged beginning on the eighteenth (18th) day of the current rental month and applying each day until the twentieth (20th) day inclusive of the current rental month. Such additional LATE FEES must be paid as well as the RENT in order to avoid an eviction process. Any request for a wavier of late fees must be made in writing and agreed to by OWNER and/or HIS DESIGNATED REPRESENTATIVE in order to negate the terms of this contract in regard to the accumulation or consequences of non-payment of late fees. OWNER and/or HIS DESIGNATED REPRESENTATIVE retain the sole right to determine any change in the amount of the late fee(s) or if any wavier of such late fee(s) may apply in a specific month. No oral wavier of late fees will be honored.
______(Initials ofRESIDENT) SECTION C. UTILITIES and SERVICE CONTRACTS:
Telephone services, Internet subscriptions, and/or cable services are at the option of RESIDENT and/or TENANT(s), and if contracted, such services and/or repairs are the sole responsibility of RESIDENT and/or TENANT(s) who opted to subscribe to such. Any change(s) to this agreement and/or any additional agreement(s) regarding utilities and/or services must be in writing whether between RESIDENT and/or OWNER and/or any other future TENANT(s) of the dwelling.OWNER shall be solely responsible for contracting the local Gainesville utility company, namely, GAINESVILLE REGIONALUTILITIES (also known as “GRU” and hereinafter called GRU) to begin, continue, and/or end all utility services of electric, gas, water, sewage, and trash collection. Payments and/or deposits of any and all utilities are to be assigned as described below unless specified otherwise by a written agreement between RESIDENT and OWNER and/or HIS DESIGNATED REPRESENTATIVE.
It is agreed by RESIDENT and OWNER that the gas, electric, trash collection, water and sewer utilities will be provided under OWNER's name for the benefit of RESIDENT and/or OWNER and/or any other TENANT(s) who may lease from OWNER. RESIDENT agrees to pay whatever fraction of the gas and electric utilities that will be consumed during the duration of this lease, as follows:
1.) A copy of the monthly bill generated by GRU and received by OWNER will be provided to RESIDENT at the time payment is requested from RESIDENT;
2.) The part of the bill that covers trash collection, water, sewage and any fees or taxes will be the sole responsibility of OWNER;
3.) The gas and electric will be the responsibility of RESIDENT and TENANT(s). The amount RESIDENT owes will be calculated as follows:
A.) If there are no other TENANT(s) and OWNER has not spent any overnights at the dwelling within the GRU billing period, RESIDENTwill be responsible for payment of the entire balance of gas and electric. If OWNER has spent overnights within the GRU billing period, OWNER will pay as his share the amount that calculated using either the following method or another mathematically equitable method:
1.) The balance will be divided by the number of days represented in the billing according to that month's GRU billing cycle.
2.) The resulting amount will then be divided by two (2) to determine a one-half (½) share.
3.) OWNER will pay that pro-rated daily amount times the number of nights OWNER stayed. OWNER's share will be deducted first from the gas and electric. RESIDENT will then responsible for only the difference or balance of the gas and electric after such calculations are completed.
B.) If there are other TENANT(s) besides RESIDENT and/or ANY TEMPORARY OCCUPANT(s) STAYING MORE THAN 7 DAYS IN ANY RENTAL MONTH occupying the dwelling, then:
1.) The gas and electric would first be divided by the number of days represented in the billing according to that month's GRU billing cycle.
2.) That amount will be then divided by the number of TENENT(s) including RESIDENT and any TEMPORARY OCCUPANT(s) including OWNER for the number of days that applies to each person's occupancy.
3.) OWNER will pay that pro-rated daily amount multiplied by the number of overnights OWNER stayed.
4.) OWNER's share will be deducted from the gas and electric.
5.) The balance would then be divided equally between the remaining TENANT(s) which includes RESIDENT and any TEMPORARY OCCUPANT(s).RESIDENT is responsible for only his share of the bill and the share of any OCCUPANT who was staying as his GUEST OCCUPANT after such calculations are completed.
[Illustration:The GRU balance for the gas and electric part of the bill after OWNER's deduction of trash, waste, and sewage is $ 99.00.
That amount is divided by 30 days in the billing cycle which comes to $ 3.30 cost per day for electric and gas. The $ 3.30 is divided by three
(3) occupants including OWNER. The calculation results in a $ 1.10 share per day for each occupant. The amount of $ 1.10 is then times the
number of days OWNER occupied the dwelling. For example, if three (3) days then OWNER's share becomes $ 3.30. The $ 3.30 is deducted
from the original balance of $ 99.00, which then leaves the remaining balance of $ 95.70. That final balance of $ 95.70 will then be divided by
two for RESIDENT's and other TENANT's share, resulting in each paying as their share, $ 47.85 If a third TENANT or OCCUPANT was
staying during any portion of the GRU billing month more often than the seven (7) day guest period, then this additional occupant is included in
the calculations as needed.]
______(Initials of RESIDENT) SECTION D. PAYMENT OF UTILITIES:
After RESIDENT's share for the gas and electric has been calculated by OWNER and/or HIS DESIGNATED REPRESENTATIVE, that amount will become due and payable toOWNER and/or HIS DESIGNATED REPRESENTATIVE on the first (1st) of the month following the date the meters were readunder the same conditions of paymentas the RENT as described in SECTION A. A one-time late payment fee of TEN DOLLARS ($ 10.00) will be added to RESIDENT's share of gas and electric payment if RESIDENT's full share of the gas and electric payment in a single month has not been received by OWNER and/or HIS DESIGNATED REPRESENTATIVE no later than 10 pm on the third (3rd) day of the month following the date the meterswere read.Any extension on the amount of time granted to RESIDENT to pay RESIDENT's share of the gas and electric, and/or any wavier of the late fee is at the sole discretion of OWNER and/or HIS DESIGNATED REPRESENTATIVE.If a one-time, limited extension to pay and/or late fee wavier is granted, such action shall in no way change this agreement regarding RESIDENT's responsibility to make payments on time in the future months and/or affect any change in this agreement.
The responsibility to make the actual payment and choice of payment method to GRU is the responsibility of OWNER, and any GRU late fees incurred due to the timing of the payment(s) made to GRU by OWNER will be the responsibility of OWNER. GRU late fees would not be included in the amount of the bill that is shared among any TENANT(s) and/or RESIDENT. It is understood and agreed that OWNER will make GRU payments in a timely fashion so that continuous, uninterrupted service can be provided as rendered by GRU.
If there is a dispute by any TENANT(s) including RESIDENT and OWNER over the amounts of the share of the GRU payment, it is hereby agreed resolved by compromise.That is, each TENANT, RESIDENT, and OWNER will pay equal shares of the disputed difference.
______(Initials of RESIDENT) SECTION E. SECURITY DEPOSIT, MOVE-IN/MOVE-OUT FORM, and EVICTION:
RESIDENT may not use nor plan to use any part of the SECURITY DEPOSIT as payment toward RENT during the duration of RESIDENT'sLEASE. It is understood by RESIDENT that the SECURITY DEPOSIT is not payment for the last month's RENT. If July-August 2007's RENT is not paid as agreed, RESIDENT may face an eviction process. If any month's RENT has not been paid by 10 pm on the twentieth (20th) day of any month, and/or the late fees on any RENT have not been paid, and/or RESIDENT's share of utilities including any late fee have not been paid as agreed in this lease, then OWNER and/or HIS DESIGNATED REPRESENTATIVE shall automatically and immediately proceed to have RESIDENT and/or his occupant(s), relative(s) , visitor(s), and/or guest(s) evicted , and/or all the possessions that may belong and/or be under the responsibility of RESIDENT, removed from the PREMISES as permitted by law.
The following conditions apply to the SECURITY DEPOSIT:
* No SECURITYDEPOSIT will be refunded if RESIDENT moves out before this lease expires unless otherwise agreed to in writing between RESIDENT and OWNER and/or HIS DESIGNATED REPRESENTATIVE;
* No SECURITYDEPOSIT will be refunded if RESIDENT abandons or does not return to the property along with not paying either the RENT and/or late fees as agreed in this lease and/or RESIDENT's share of the gas and electric;
* Deductions from the SECURITYDEPOSIT by OWNER to satisfy any part of RESIDENT's unmet obligations as agreed to in this contract shall not prevent OWNER from claiming any damages and attorney's fees lawfully in excess of the amount of the SECURITYDEPOSIT.
A separate document titled, “MOVE IN/MOVE OUT FORM” is considered part of this LEASE agreement and considered a reliable representation of the condition of the dwelling before RESIDENT's occupying the PREMISES. Such document may be used to clarify any responsibility for damages that occur after RESIDENT's occupancy of the PREMISES.RESIDENTacknowledges the bedroom and closet carpeting is in excellent condition.
The SECURITYDEPOSIT will be refunded to RESIDENT less an ordinary carpet cleaning charge of thirty dollars ($ 30.00) plus any applicable sales taxes for RESIDENT's BEDROOM only if such cleaning is reasonably deemed necessary by OWNER and/or HIS DESIGNATED REPRESENTATIVE, after the residence is vacated, and if:
1.) The lease term has expired, or the lease agreement has been mutually, cordially, terminated between RESIDENT and OWNER; and
2.)RESIDENT has given OWNER and/or HIS DESIGNATED REPRESENTATIVE thirty (30) days written notice of RESIDENT's intention to vacate or has been excused from such notice in writing by OWNER and/or HIS DESIGNATED REPRESENTATIVE; and
3.) All monies due OWNER by RESIDENT have been paid as agreed to in this lease and in any other documents that exist in writing between RESIDENT and OWNER; and
4.) The carpeting throughout the dwelling has sustained no permanent damage and/or stains still visible after an ordinary cleaning except for the notations provided and listed by RESIDENT on the “MOVE IN/MOVE OUT FORM”; and
5.) PREMISES has not been damaged and is left in its original condition as listed by RESIDENT on the “MOVE IN/MOVE OUT FORM” at the onset of occupancy of RESIDENT , normal wear and tear excepted; and
6.)OWNER has been provided either copies of receipts and/or written proofs from RESIDENT that all final utilities and services that were the responsibility of RESIDENT have been paid in full; and