Frequently Asked Questions... and some you may not think to ask.

The answers have been provided to give you a convenient reference tool. As terms of the lease and community rules and laws may change from time to time, this is considered a general guideline. Always refer to your lease.

 

TABLE OF CONTENTS

 

My Rental Property and my Lease Agreement

1. Who are the parties to my  Lease?

2. Who is allowed to live in my  Rental Property?

3. Can I sublease or assign my Rental Property Lease to someone else or list it or lease it on any third party short term or long term rental or b and b  service?

4. When can I move into the  Rental Property?

5. How long does my Lease run?

6. What if I sign this Lease and do not move into my   Rental Property?

7. Who should I contact if I have questions or concerns regarding this Lease, my Rental Property or the Community?

 

My Financial Obligations under the Lease

8. Who is responsible for paying the Rent and meeting other Tenant obligations?

9. What is my Rent under the Lease?

10. What are my monthly financial obligations to the Owner and Manager under the Lease?

11. Will I have any other financial obligations to Owner and Manager under the Lease?

12. Where and when do I pay my Rent?

13. Am I required to pay a security deposit?

 

Rules and Regulations

14. What rules and regulations will apply during the Lease term?

15. Are there any general behavioral guidelines?

16. What if I don't follow the rules and regulations?

17. What if my guests or other Occupants don't follow the rules and regulations?

Default Provisions

18. When will I be in default under this Lease?

19. What are the consequences of being in default under this Lease?

 

Utilities

20. Who is responsible for paying for utility services to the Rental Property?

21. How will I be billed for utilities that are not included in my Rent?

22. Do I have to contact any utility companies?

 

Care of my Rental Property and Responsibilities Relating to my Rental Property and Community

23. Should I inspect my Rental Property when I move in?

24. Will you provide me with light bulbs?

25. What are my general responsibilities in caring for my Rental Property and the Community?

26. What are my responsibilities to heat and cool my Rental Property?

27. Can I make any changes or improvements to my Rental Property?

28. Are there any actions I am required to take to help prevent excessive mold and mildew growth?

29. What if there is damage to the Rental Property or the Community?

30. Am I required to purchase renter's insurance?

31. How will you deal with pest issues in my Rental Property home?

 

Owner’s and Manager’s Responsibilities Relating to my Rental Property and the Community

32. Are the Owner and Manager responsible for my personal security or the security of my property?

33. When can the Owner or the Manager enter my Rental Property?

34. Are there any other limitations on the liability of Owner and Manager or indemnification obligations by me?

Matters Relating to Moving Out

35. What if I want to end my Lease early but I make this decision after the first 30 days?

36. Will I have to pay back any concessions I received?

37. Are there any special rules for members of the military?

38. What if I don't move out by the Lease End Date?

39. When should I turn in my keys?

40. Do I have to clean the Rental Property when I leave?

41. What is "ordinary wear and tear"?

42. What if I leave personal property in the Rental Property when I move out?

 

Miscellaneous

43. How will you provide notice to me when it is required?

44. How should I provide formal legal notice to you?

45. What other general provisions apply to this Lease?

46. Do the provisions of this Lease survive the Lease End Date and/or termination of this Lease?

47. If I have a disability, may I request a modification to my Rental Property or the common areas, or an accommodation to your policies, practices or services?

48. Does the Owner have the right to make any changes to my Rental Property?


 

 

My Rental Property and my Lease Agreement

 

1. Who are the parties to my Lease?

 

This Lease is between the Owner and the Tenant(s) listed on the Lease, Section 1. When we use the terms "owner" or "landlord" in this Lease, we are referring to the Owner or to the Manager acting on behalf of the Owner. When we use the term "tenant" or "you" in this Lease we are referring to the occupants, individually and collectively. 

2. Who is allowed to live in my Rental Property?

 

Only the individuals and pets specifically identified on the lease may live in your Rental Property. You are not permitted to take in boarders or roommates without our prior written consent, which we may give or withhold in our sole discretion. No one other than the Tenants and Occupants identified on the lease may stay in your Rental Property for more than five consecutive days or more than eight individual days in any one calendar month without our written permission.

 

3. Can I sublease or assign my Rental Property Lease to someone else or list it or lease it on any third party short term or long term rental or B&B service?

 

There is no subleasing permitted. Under no circumstances are you to rent space in your Rental Property home to occupants on a long or short-term basis for any short-term occupancy, or to advertise your Rental Property home for rental by any short-term or transient occupants, including without limitation on sites such as Airbnb, craigslist, Expedia, Hotels.com or other similar locator sites.  Listing or renting your Rental Property home on any such site is a violation of this Lease.

 

4. When can I move into the Rental Property?

 

You may move into the Rental Property on or after the Lease Begin Date set forth on the lease. Although we expect the Rental Property to be ready for you on that date and it is rare that a Rental Property is not ready for a tenant, in the event that the Rental Property is not ready for you to move in on the Lease Begin Date, neither the Owner nor the Manager will be liable for the delay. However, you will not be required to pay Rent and other monthly charges during the period of the delay.

 

If there is a delay in availability of your Rental Property of more than 30 days, you may terminate this Lease by providing written notice to us up to the date when you are advised that the Rental Property will be ready for occupancy within 7 days, but no later.

 

If we allow you to move into your Rental Property prior to the Lease Begin Date, you must begin paying Rent and performing your other obligations under this Lease beginning on the date you actually move into your Rental Property. The date you move into your Rental Property will not affect the Lease End Date or other terms of the Lease.

 

5. How long does my Lease run?

 

The Lease begins on the Lease Begin Date specified on the lease and ends on the Lease End Date specified on the lease, unless it is either terminated, extended or renewed under the provisions of this Lease.

 

a. Terminated: This Lease may be terminated by us if you default, or by you and us if we together change the Lease End Date.
 

b. Renewed: We may offer to renew your current Lease at any time before the end of the current Lease, but we have no obligation to do so. Your renewal lease term would begin at the end of the term of this Lease and may be on different terms from this Lease, which will be reflected by a new Lease signed by you and by us.

 

c. Extended: BY ENTERING INTO THIS LEASE AGREEMENT YOU AGREE THAT IF YOU DO NOT SEND US WRITTEN NOTICE OF YOUR INTENTION NOT TO RENEW YOUR LEASE AT LEAST THIRTY (30) DAYS PRIOR TO THE LEASE END DATE, YOUR LEASE WILL BE AUTOMATICALLY EXTENDED ON A MONTH-TO-MONTH BASIS UNLESS WE GIVE YOU NOTICE AT ANY TIME PRIOR TO THE LEASE END DATE THAT THE LEASE WILL END ON THE LEASE END DATE WITHOUT A MONTH-TO-MONTH EXTENSION. If we permit you to continue as a Month-to-Month tenant, you must pay the market month to month rent for your Rental Property at that time (as determined by us in our sole discretion and communicated by us to you at least thirty (30) days prior to the Lease End Date).

 

If you are or become a Month-to-Month tenant your Lease will automatically be renewed on a month-to-month basis, unless you or we provide fifteen (15) days' prior written notice to the other of termination. In addition, we will have the right to increase your Rent from time to time upon thirty (30) days' written notice to you, subject to applicable law.

 

We may give you notice any time through the Lease End Date that we intend to terminate the Lease as of the Lease End Date and will not renew on a month-to-month or any other basis. Nothing in this section is intended to waive our right to immediately file suit for eviction, without prior notice, if you remain in possession of the Rental Property after the Lease End Date without our permission or consent. If we give you notice of our intent not to renew your Lease and you do not vacate the Rental Property prior to the Lease End Date, then you will be a holdover tenant and we reserve the right to terminate your tenancy pursuant to applicable law.

 

6. What if I sign this Lease and do not move into my Rental Property?

 

By signing this Lease, you have committed to pay Rent and Other Charges through the Lease End Date. This means that even if you do not take possession of your Rental Property, you will remain liable for all of your obligations under this Lease, subject to our duty to take reasonable actions to rent your Rental Property to another tenant. You understand and acknowledge that we have an obligation to use commercially reasonable efforts to lease your Rental Property as quickly as possible to other qualifying affordable income households in the event that you do not take possession of the Rental Property in order to minimize the damages caused by your default.

However, if, for any reason, you are unable to occupy your Rental Property home after you have signed this Lease but before the Lease Begin Date, you have the right to make us an offer to terminate this Lease (whether this is your initial Lease or a renewal Lease with us) by sending us a written notice offer prior to the Lease Begin Date that is accompanied by an amount equal to one month's rent. You agree that such Termination Charge will be retained by us as consideration for our having taking off the market and reserved the Rental Property home for you from the date you sign this Lease Agreement until the date we receive the written notice and termination payment from you. If we accept your written offer and Termination Charge, your obligations under this Lease will terminate effective as of the date we receive such written notice and the termination payment, and we will refund your Security Deposit and, if applicable, Pet Deposit pursuant to the terms of the Security Deposit Agreement. We will not refund any other charges.

 

7. Who should I contact if I have questions or concerns regarding this Lease, my Rental Property or the Community?

 

If you have questions or concerns regarding this Lease or your Rental Property, you should contact a representative in our office. You can stop by the office during office hours, which are posted, or call the phone number 904-808-7368 or email (links provided on the Contact page).

 

 

 

 

My Financial Obligations Under the Lease

 

8. Who is responsible for paying the Rent and meeting other Tenant obligations?

 

Each of the Tenants are responsible (on a joint and several basis) for paying all of the Rent and meeting all of the other obligations of the Tenants under this Lease.  This means that if one Tenant does not pay his or her share of the Rent or perform the other obligations of the Tenant under this Lease, the other Tenants are responsible for paying the full amount of the Rent or performing those obligations (some exceptions may apply). You may enroll in our online payment portal through GoZego.com to pay your rent each month. Instructions for enrolling and forms are provided at GoZego.com.  

9. What is my Rent under the Lease?

 

All payments of any kind under this Lease are considered Rent and must be paid without notice, demand, offset, deduction or recoupment.

 

10. What are my monthly financial obligations to the Owner and Manager under the Lease?

 

Your monthly financial obligations to Owner and Manager under the Lease consist of your Base Rent for your Rental Property and any other Recurring Monthly Charges identified on the lease.

 

If the Lease Begin Date on the lease is other than the first day of a month, your first month's Rent will be prorated, and is identified on the lease in Section 4b. All prorated rent is due the 1st of the second month of the lease term.

11. Will I have any other financial obligations to Owner and Manager under the Lease?

In addition to the Total Monthly Charges, you will be responsible for the following as additional Rent, if applicable as noted on the lease ("Additional Rent"):

 

a. Late Charge: If your Rent is not paid before the Late Charge Date identified on the lease, a Late Charge in the amount specified on the lease will be due immediately as additional Rent. In the event of such late payment, we reserve the right to require that both the Rent and the Late Charge must be in the form of a money order, cashier's check or certified check. By signing this Lease, you are indicating that you understand and agree that the Late Charge is fair, reasonable and acceptable compensation to us, for the expenses and harm that we suffer when your Rent is not paid on time. You also acknowledge that it would be extremely difficult and burdensome for us to calculate, assess and collect compensation for such expenses and harm each time there is a delay in receiving your Rent.

 

b. Returned Check Fee: If you send us a personal check (for your Rent, Other Charges, Security Deposit or any other reason) and when we deposit the check it is returned for "insufficient funds" or for any other reason, you agree to pay the Returned Check Fee specified on the lease as compensation for our expenses in processing the returned check. You will also be liable for any Late Charge incurred as a result of the check being returned. The Returned Check Fee is due with the redeeming payment.

 

c. Monthly Pet Rent: If we permit pets and you elect to keep a pet or pets, you agree to pay, as additional Rent, for each animal, bird, or pet of any kind that is to be kept in or about your Rental Property, the Monthly Pet Rent in the amount specified on the lease.  The Monthly Pet Rent is to be paid each month with as part of your Rent. The additional rent will continue for the initial term of your lease even if a pet is removed from the Rental Property.

 

d. Reimbursements: You are required to immediately reimburse us for the full amount of any loss, property damage or costs of repairs or service caused by negligence or improper use of the Premises by you, your household members, guests, invitees, agents or pets. These amounts include any damages or costs we suffer that are caused by a breach by you of any provision of the Lease.  Any reimbursement you owe will be due immediately upon demand by us.

 

e. Utilities: You may be responsible for paying for one or more utility services to your Rental Property. See the Lease, Section 9 on "Utilities" for more information.

 

f. Unreturned Keys: If you fail to return keys, remotes or other access devices that we give to you, you must pay any associated replacement costs.

 

g. Month-To-Month Premium: If you are or become a Month-to-Month tenant, in additional to all other amounts due under this Lease, you will be required to pay the then current market month to month rent for your Rental Property that we determine in our sole discretion.

 

h. Additional Amounts: You will also be required to pay any other amounts set forth on the lease, required by other provisions of this Lease, or payable in accordance with Community policies.

 

12. Where and when do I pay my Rent?

 

Your Monthly Rent is due on or before the first day of each month. Ordinarily, as long as you remain current in your financial obligations, you may choose to pay your rent by check, money order or cashier's check or via electronic payment.

 

You may make your Rent payment electronically. It's easy to enroll in the on-line program. Log on to www.gozego.com and follow the instructions.

 

Unless otherwise directed by the Manager or the Owner, your payment must be sent to the address provided to you on the lease and received by us by the due date. We are not obligated to accept partial or late payments of Rent but may elect to do so, at our sole option. Our acceptance of any partial payment does not relieve you of your obligation to pay the outstanding balance due. Payments made by check may be processed using electronic check conversion. By sending your check to us, you authorize us to copy your check and use the account information from your check to make an electronic fund transfer from your account in the same amount as the check.

 

We reserve the right to require that any Rent that is paid after the Late Charge Date must be in the form of a money order, cashier's check, or certified check. If you give us a check that is returned for "insufficient funds" or for any other reason, you may be required to pay all Rent by money order, cashier's check or certified check.

 

Your Rent payments will be credited to your account on the date they are processed by us, provided your check is not returned. Any Rent payment received after legal action has been initiated by us may be accepted, with or without written reservation of our rights, and will be applied to delinquent Rent due.

13. Am I required to pay a security deposit?

 

You are required to pay the Security Deposit as set forth under Section 6 on the Lease. We will hold this amount to secure the performance of your obligations under the Lease, in accordance with applicable law and the terms of the Security Deposit Agreement that you sign at the same time as, and incorporated by reference into, this Lease. You may not apply this amount to the payment of Rent or other charges.

 

 

 

 

Rules and Regulations

 

14. What rules and regulations will apply during the Lease term?

 

You and your household members, guests, invitees and agents are required to comply with all reasonable rules and regulations made now or later by us pertaining to the lease or community rules and regulations. You must obey all laws and ordinances applicable to your Rental Property and the Community, and you, your household members, guests, invitees, agents and pets must not be disorderly or disturb other Tenants.

 

15. Are there any general behavioral guidelines?

 

You must, and must cause your household members, guests, invitees, agents and pets, to (i) show due consideration for neighbors and not interfere with, disturb or threaten the rights, comfort, health, safety, convenience, quiet enjoyment and use of the Rental Property or Community. Tenants and occupants and any of their guests, invitees or agents, (ii) not engage in abusive conduct toward us or our employees or agents, or (iii) not unreasonably interfere with our management.

 

16. What if I don’t follow the rules and regulations?

 

Violations of any rules and regulations are a default under the Lease and, in addition to any other rights we may have, we have the right to terminate the Lease and take possession of the Rental Property in accordance with applicable law.

 

17. What if my guests or other Occupants don’t follow the rules and regulations?

You are responsible for the behavior of your guests, invitees, pets and other occupants of your Rental Property. We have the right to exclude from the Rental Property any person who violates any of the rules and regulations or who unreasonably disturbs other Tenants or any of their guests or invitees or any of our employees or agents.

 

 

 

 

Default Provisions

 

18. When will I be in default under this Lease?

 

You will be in default under this Lease if you do not timely comply with any of the terms of this Lease, including without limitation as amended from time to time, subject to any notice or cure periods identified on posted notices.

 

19. What are the consequences of being in default under this Lease?

 

If you are in default, we have many remedies under this Lease, including the right to terminate this Lease. In addition, you agree to pay us all costs and fees, including attorney's fees, litigation and collection costs that we incur in enforcing our rights under this Lease, to the fullest extent to which we are entitled to collect such sums from you under applicable law. If permitted by law, such costs shall include any Fees for the cost of preparing a summons, complaint or other appropriate legal documents, which may be prepared at any time after Rent becomes due and owing. The fees are non-refundable, and is due if Rent is not paid on time and such other documentation is prepared. It is generally our policy that the fees must be paid with all other Rent due in order for the legal action to be terminated, although we are not required to terminate the legal action in any case.

 

If you do not pay Rent as required by this Lease, or you are otherwise in default, and we recover possession of the Rental Property, whether by an eviction proceeding or otherwise, you will remain liable for our actual damages due to your breach of this Lease. Actual damages may include, without limitation, a claim for Rent that would have accrued through the end of the Lease Term or until a new tenant starts paying Rent under a new lease for the Rental Property, whichever occurs first. If, in an effort to mitigate our damages, we reasonably re-rent your Rental Property at a lower rental rate, actual damages for which we seek reimbursement may also include the reduction in rent we receive during the remainder of your original Lease Term.

 

If at any time you are in default under this Lease, or have given us good cause for your eviction pursuant to applicable law, we are entitled to reenter the Rental Property as permitted by applicable law. If you continue to occupy the Rental Property we are entitled to proceed by a summary dispossession proceeding, or by any other method permitted by applicable law, and to remove all persons from possession of the Rental Property as permitted by applicable law.

 

 

 

 

Utilities

 

20. Who is responsible for paying for utility services to the Rental Property?

 

You will be responsible for paying costs for or associated with all utility services, other than those described on the lease in Section 9. You understand that we are not a utility company and you agree that we are not liable for any inconvenience or harm caused by any stoppage or reduction of utilities beyond our control.

 

21. How will I be billed for utilities that are not included in my Base Rent?

 

For each utility that is not included in your Rent, you will be charged for the availability and/or usage of the utility through either "Direct Utility Billing" or "Allocated Billing", as described more fully below as additional rent:

 

(i) Direct Utility Billing - The utility provider will bill you directly on a separate metering and billing basis. It is your sole responsibility to initiate such service in your name before accepting the Rental Property (or after we discontinue service), and to terminate the service prior to vacating the Rental Property. We can provide you with information about local utility companies and how to initiate service. If you fail to initiate such service in your name, we may bill you (either directly or through a billing company with which we have contracted) for any utility service you receive which is charged to us. Such bills may include a reasonable administrative fee as additional rent. You hereby authorize us to serve as your agent to receive copies of your utility billing records directly from the utility provider.

 

(ii) Allocated Billing - We or our billing agent will allocate and bill you directly for a portion of the utility charges we incur, with your allocated portion determined on a sub-metering, square footage or other billing basis, as described in more detail under lease terms or addendums.

 

In the case of Allocated Billing, subject to applicable law, we may modify the Utility Billing Methodology by which your allocated portion of the bill is determined for any utility during the term of this Lease by providing you with at least thirty (30) days' prior written notice of such modification.

 

This includes, but is not limited to, submetering the Rental Property for certain utility services. All amounts due from you for Allocated Billing, must be paid by the due date specified on the bill. In addition, failure to pay a bill for Utility Charges from us when due will be failure to pay Rent, triggering all of our remedies for non-payment of Rent set forth in this Lease and under applicable law. You agree that, unless prohibited by applicable law, we will subtract from your security deposit the amount of your final bill for Utility Charges and unpaid balance due.

 

You agree to pay all Utility Charges during the term of this Lease, including any utility deposits. Further, to the extent permitted by law, if you fail to pay Utility Charges, and we are assessed by the utility company for these Utility Charges, then we may pay these assessments to such utility company and subtract a like amount from your Security Deposit and/or you will be responsible for paying such amounts, including an administrative charge. Further, if you fail to pay Utility Charges, and power to your Rental Property is cut off by the utility provider, you will be in default under this Lease.

 

You acknowledge that we are not a utility company and we are not responsible for the supply of utility services or water to your Rental Property, even for those services for which you are billed on an Allocated Billing basis. In the event of interruption or failure of utility or water service provided to the Community by the local utility or water company, including but not limited to an inadequate supply, poor pressure and/or poor quality, you will look solely to the local utility or water company for any damages you incur and you waive any claim against us, subject to applicable law.

 

22. Do I have to contact any utility companies?

 

Yes. You must contract directly with the appropriate utility company for each utility service not provided at our expense (Lease, Section 9 or otherwise discontinued by us during the term of the Lease).

 

 

 

 

Care of my Rental Property and Responsibilities Relating to my Rental Property and Community

 

23. Should I inspect my Rental Property when I move in?

 

Yes. At the time you first occupy your Rental Property or within five (5) business days after your Move-In Date, you should complete an itemized "Move-In Inspection Report" (on a form provided by us) detailing all damages to your Rental Property existing at the time you move in.  Both you and we will initial the completed form and you may keep a copy. Completing this Move-In Inspection Report will protect you and help ensure that you are not charged on move out for any damages to the Rental Property that existed before you moved in. If you do not complete and return the Move-In Inspection Report within five (5) business days after your Move-In Date, we may treat such failure as your representation to us that there are no damages and defects in your Rental Property and the cost to repair any damages found after you move out will be deducted from your security deposit. If we disagree with any damages or defects you list on your Move-In Inspection Report, we will let you know within five (5) business days after we receive the completed Move-In Inspection Report from you.

 

24. Will you provide me with light bulbs?

 

When you move in, we will furnish light bulbs and tubes of prescribed wattage for the light fixtures located in your Rental Property. After that date, you agree, at your expense, to replace light bulbs and tubes in your Rental Property.

 

25. What are my general responsibilities in caring for my Rental Property and the Community?

 

You are responsible for using reasonable diligence in caring for the Premises and agree to maintain the Rental Property, together with the furniture, furnishings and other personal property, if any, provided by us, in as good condition as they were at the start of this Lease except for ordinary wear and tear. No holes are to be driven into the cabinets, woodwork, ceilings or floors. Holes are permitted in walls for wall hangings only. No change of locks or additional locks are permitted except by our prior written consent. You may not remove any fixtures, or any of our furniture or furnishings from the Premises for any purpose. You may not tamper with or disable any fans or water saving devices. You acknowledge that on the Move-In Date all smoke detectors and carbon monoxide detectors (if any) were present and were in good working order, and that after that date, you will maintain any smoke and carbon monoxide detectors and replace any batteries when necessary.

 

26. What are my responsibilities to heat and cool my Rental Property?

 

During the cooling season you are required to run the air conditioning enough to prevent the accumulation of moisture, and set air conditioning at no higher than 80 degrees Fahrenheit when not occupying the property. During the heating season you are required to keep the Rental Property thermostat at no less than 55 degrees Fahrenheit. You will be liable for damages to your Rental Property and possible other parts of the shared property (if applicable) that result from your failure to comply with these requirements.

 

27. Can I make any changes or improvements to my Rental Property?

 

You may only make changes or improvements to your Rental Property with our prior written consent in our sole discretion and at your sole cost and expense. You understand and agree that all fixture improvements automatically become our property and will be surrendered with your Rental Property at the termination of this Lease. Even if we give you permission to make changes to your Rental Property, we may require you to restore the Rental Property to its original condition at your expense at the termination of this Lease.

 

28. Are there any actions I am required to take to help prevent excessive mold and mildew growth?

 

Molds are naturally occurring microscopic organisms which reproduce by spores. Mold is found virtually everywhere in our environment, both indoors and outdoors. We have inspected your Rental Property prior to your Move-In Date and actually know of no damp or wet building materials and actually know of no visible mold or mildew contamination. You are notified, however, that mold can grow if your Rental Property is not properly ventilated or maintained. If moisture is allowed to accumulate in your Rental Property, it can cause mildew and mold to grow.

 

It is important that you regularly allow air to circulate in your Rental Property. You agree to keep the interior of the Rental Property clean and to notify us promptly of any leaks, moisture problems and/or mold growth. You agree to maintain the Premises in a manner that prevents the occurrence of an infestation of mold or mildew in the Premises.  You agree to uphold this responsibility by:

 

(i) keeping the Rental Property free of dirt and debris, including cleaning all toilets, sinks, countertops, showers, bathtubs and tile or linoleum floors with a household cleanser at least every other week,

(ii) immediately reporting to us any water intrusion, such as plumbing leaks, drips or "sweating pipes,"

(iii) immediately notifying us of overflows from bathroom, kitchen or laundry facilities,

(iv) immediately reporting to us any visible mold growth on surfaces inside your Rental Property,

(v) using bathroom fans while showering or bathing and reporting to us any non-working fan,

(vi) using exhaust fans when cooking, dishwashing or cleaning,

(vii) using reasonable care to close all windows and other openings into the Rental Property to prevent outdoor water from coming into the Rental Property,

(viii) cleaning and drying any visible moisture on windows, walls and other surfaces, including personal property as soon as reasonably possible (note: mold can grow on damp surfaces within 24 to 48 hours), and

(ix) immediately notifying us of any problems with the air conditioning or heating systems that you discover.

 

You agree that you are responsible for damage to the Premises and your property, as well as injury to you or any Occupants or guests, as well as any other occupants of the Community and their household members, guests, invitees and agents, resulting from your failure to comply with the terms of this Section.

 

29. What if there is damage to the Rental Property or Community?

 

If you become aware of damage to the Rental Property by fire, water or other hazard, or you become aware of malfunction of equipment or utilities, you agree to notify us immediately. If we determine, in our sole discretion, that the damages are of such an extent and nature that the Rental Property remains fit for occupancy or can be made fit for occupancy within a reasonable period of time, this Lease will continue and we will repair the damage within a reasonable period of time. Except as otherwise required by law, your Rent will not abate while we are making the repairs. If we determine, in our sole discretion, that the damages are of such an extent and nature that we cannot make the Rental Property fit for occupancy within a reasonable period of time, we will provide you with a written notice of termination and this Lease will end on the date specified in the notice. If the Lease is terminated, you will be liable for Rent only up to the date you vacate the Rental Property (except in those situations where you, your household members, guests, invitees, agents or pets were responsible for the damage or destruction, in which case you may be liable for our damages, including lost Rent).

 

30. Am I required to purchase renter’s insurance?

 

You are not required to maintain insurance for your personal property (unless stipulated in the lease), but we recommend that you maintain such insurance in an amount equal to the value of your personal property. You acknowledge that we nor the Owner have not purchased insurance coverage for your personal belongings or any personal property located in your Rental Property or anywhere at the Community or for any personal liabilities that may be suffered or incurred by you or your family, guests, invitees or any other occupants of or visitors to your Rental Property.  You waive and release us from all claims against us that you may have, now or in the future, with respect to any loss of or damage to personal property kept in the Community.

 

31. How will you deal with pest issues in my Rental Property home?

 

It is our goal to maintain the highest quality living environment for our Tenants.  Therefore, you should know that we have inspected your Rental Property home prior to the Lease Begin Date and know of no insects or other pests living in your Rental Property. You are hereby notified, however, that pest control is an on-going process in a Rental Property and/or community. We will have vendors periodically performing pest control services (which may include the use of pesticides) throughout the term of your lease. It is important that you keep the interior of the Rental Property clean and that you promptly notify of us of any insects or other pests (within reason) in your Rental Property home. You agree to maintain the Premises in a manner that prevents the occurrence of an infestation of pests in the Premises.

 

You agree to uphold this responsibility by (i) keeping the Rental Property free of dirt and debris, (ii) carefully inspecting all materials brought into the Rental Property, including luggage, furniture and boxes, for pests and (iii) immediately reporting to us any insects or other pests observed.

 

You agree to indemnify and hold the Owner and Manager harmless from your failure to comply with the terms of this section.

 

 

 

 

Owner’s and Manager’s Responsibilities Relating to my Rental Property and the Community

 

32. Are the Manager and Owner responsible for my personal security or the security of my property?

 

Except for our legal obligation not to act negligently in the operation and maintenance of the Rental Property, you agree and acknowledge that we are not responsible for the safety or security of you, your property or your household members, guests, agents and invitees.  This means that, in general:

 

  • We are not responsible for property damage or personal injury resulting from the criminal activities of other Tenants or third parties.

  • We do not warrant, imply or guaranty that access controls, alarm systems, devices, or security personnel employed at the Rental Property or Community, if any, will be operable at any given point in time or will discourage or prevent breaches of security, intrusions, thefts or incidents of violent crime.

  • We reserve the right to reduce, modify or eliminate any access control, alarm system, device or personnel at any time and you acknowledge that any such action will not be a breach of any obligation or warranty on our part.

 

You agree to notify us promptly in writing of any problem, malfunction or failure of lights, door locks, window latches, controlled access gates, intrusion alarms, and other access control system. You acknowledge that you have received no representation or warranties, either express or implied, as to any security or access control system at the Rental Property. We have not in any way stated or implied to you that the security of any person or property was or is provided or that the Rental Property and/or surrounding neighborhood has been or will be free of crime. Neither the Manager nor the Owner will be liable to you based on any claim that security or an access control was not provided, except as otherwise provided by applicable law. You hereby release and hold the Manager and the Owner harmless from claims arising out of criminal acts of other Tenants and third parties.

 

33. When can the Manager or the Owner enter my Rental Property?

 

We or our agents may enter your Rental Property for any reasonable business purpose at reasonable times, including without limitation to perform repairs, renovations or upgrades.  We will provide notice to you before entering your Rental Property except (i) in cases of emergency, surrender or abandonment of the Rental Property

(ii) when performing work at an agreed upon approximate date and time in response to a service request made by you that requires entry into your Rental Property, (iii) if you consent to entry at the time of entry, or (iv) when we have good cause to believe the Rental Property may be damaged or you may be in violation of Federal, state or local law or in violation of this Lease. Anytime we are in your Rental Property for any reason, we will leave a notice indicating that we entered your Rental Property and the reason for doing so. In addition, if you are absent from your Rental Property for more than seven (7) days, we may enter your Rental Property at times reasonably necessary to protect our property.

 

 

 

 

Matters Relating to Moving Out

 

34. What if I want to end my Lease early?

 

We may offer an option if you want to end your lease before the current Lease End Date. If you want to end your lease early you may, at your option, make us an offer to change the Lease End Date to an earlier date. To be effective your offer must provide a 30-day written notice to terminate and must include payment of an "Early Termination Fee" of up to two (2) month's rent. The Early Termination Fee is an amount we set and may change from time to time in our sole discretion. Your termination notice will not be effective unless accepted by us and accompanied by the Early Termination Fee. If we accept your offer, we will change your Lease End Date and retain the Early Termination Fee. Termination notices will not be accepted if you are in default. During the notice period you must comply with all other terms of the Lease, including timely payment of Rent and Other Charges prior to the new Lease End Date and you must vacate the Rental Property on or before the new Lease End Date. You will remain liable for all Rent, Other Charges and other sums that arise before the new Lease End Date or that arise on account of your residency with us or your failure to pay us any amounts owed.

 

If you vacate your Rental Property prior to the current Lease End Date or we terminate your Lease as a result of a default by you, but you choose not to take the option to change your Lease End Date and you fail to pay the "Early Termination Fee" you will remain liable for Rent and Other Charges through the original Lease End Date or until the date a new tenant occupies and begins paying rent for your Rental Property. By entering into this Lease you have committed to pay Rent and Other Charges through the Lease End Date. You may also be liable for any rent damages we may incur, which may include the difference between your Rent and the market rent for a new lease for your Rental Property, if lower.  In addition, if you received a concession, a pro-rated portion of this will be billed back to you. We will use reasonable efforts to rent your Rental Property in order to minimize the damages caused to us by your default, but we will be under no obligation to encourage prospective Tenants to rent your Rental Property in preference to other vacant Rental Properties.

 

35. Will I have to pay back any concessions I received?

 

Yes. Lease concessions, if any, that you received on entering into this Lease are contingent upon your fulfilling all of the terms of this Lease through the original Lease End Date. If this Lease is terminated for any reason prior to the original Lease End Date, including, but not limited to, your default or early termination of this Lease, then you will be obligated to pay back to us a pro rata portion of any Lease concession received by you.

 

36. Are there any special rules for members of the military?

 

Yes.  In the event you are or become a member of the Armed Forces on extended active duty, a member of the state National Guard serving on full-time duty, or a civil service technician with a National Guard Unit, and you: (i) receive permanent change-of-duty orders; (ii) receive temporary duty orders in excess of 3 months' duration; or (iii) are ordered to report to government-supplied quarters which results in the loss of your basic allowance for living quarters, you and your dependents may terminate this Lease by giving prior written notice to us, provided you are not otherwise in default. The termination will be effective on the last day of the month following the notice. As a condition to such termination, you will furnish us with a certified copy of the official orders which warrant termination of this Lease. Military orders merely authorizing base housing in the local area in which the Rental Property is located do not constitute change-of-duty hereunder.

Your Security Deposit will be refunded provided that the conditions of the Security Deposit Agreement are fulfilled.

 

Additionally, National Guard officers and enlisted members called or ordered into active state or federal service, or United States Military Reserve reservists who are called to full-time active duty, may terminate this Lease under Florida law if they are called into duty after entering into this Lease.

 

37. What if I don’t move out by the Lease End Date?

 

As noted above, we may allow you to remain as a Month-to-Month tenant. However, if we do not choose, in our sole discretion, to let you remain, you will be liable for our direct and consequential damages, costs and reasonable attorneys' fees as permitted by applicable law in connection with your holding over and with our actions in obtaining possession of the Rental Property as a result of your holding over.

 

38. When should I turn in my keys?

 

When you vacate your Rental Property (after having given us the notice required in accordance with the terms of this Lease) you must deliver your keys to us. Do not leave the keys in your Rental Property. If you do not deliver the keys to us at the end of your lease term (or notify us in writing that you are unable to do so because your keys are lost) then, at our option, the Lease will continue in full force and effect until such time as you deliver the keys to us (or notify us in writing). In such event you will continue to be liable to us for the payment of Rent and all other obligations under this Lease, subject to applicable law. Delivery of your keys to us before the end of your lease term will not terminate this Lease.

 

39. Do I have to clean the Rental Property when I leave?

 

When you leave the Rental Property, it must be a clean condition, except for ordinary wear and tear and for damage caused by fire or other casualty that was not your fault or the fault of your household members, guests, invitees, agents or pets. You will be assessed a Basic Cleaning Fee, Lease Section 24, to cover basic interior cleaning as outlined. With excessively dirty properties, you will be required to pay the cost of labor for cleaning, removing trash or other property left or abandoned in or around the Rental Property, and any other work that is required to return the Rental Property to the condition it was in when you received it, subject to ordinary wear and tear. We may deduct these amounts from your Security Deposit, subject to applicable law.

 

40. What is “ordinary wear and tear”?

 

While it would be impossible to provide every example of ordinary wear and tear, the basic idea is that ordinary wear and tear is the level of wear on the Rental Property that could be caused by a reasonably careful occupant of the Rental Property over the course of a lease term if (i) no accidents occurred (e.g., spills on carpets) and (ii) the Rental Property, including its appliances and fixtures, were thoroughly cleaned at the end of the lease term to the condition in which it was delivered to you. Ordinary wear and tear, for which you will not be charged, includes, but is not limited to, such items as wear on the carpet in high traffic areas, curtains or paint faded by the sun. Damages for which you will responsible, on the other hand, include such things as stains and rips in the carpet, rips in curtains, marks on walls, missing or broken window blinds and light switches, and baked on debris on kitchen appliances.

 

41. What if I leave my personal property in the Rental Property when I move out?

 

If you leave items of personal property in or around your Rental Property after the term of this Lease has ended and delivery of possession has occurred, or if your Rental Property appears to be abandoned, your property will be considered abandoned and we may sell or dispose of it in accordance with applicable legal requirements.

 

 

 

 

Miscellaneous

 

42. How will you provide notice to me when it is required?

 

We can give you written notice by (a) personal service to you, or (b) posting the notice on your Rental Property door and mailing a second copy or (c) delivery to someone of suitable age and discretion and mailing a second copy, or (d) where permitted by law, by sending you an email. Notices for rent increases and entry may be serviced personally, email or sent by first class mail. You will be deemed to have received the notice given in any of these ways, whether or not you actually receive the notice. Please note that our primary means of communication with our Tenants, except where otherwise required by law, is email. Therefore, it is very important that we have a current and correct email address for each Tenant. If you do not have an email, please let us know and check in with the office to see whether any email communications have gone out that you should be aware of. By signing this Lease, you expressly permit us, our agents and assignees, including but not limited to debt collection agencies retained by us for collection work, to use an automated dialing device to place calls to cellular devices owned or to be owned by you.

 

43. How should I provide formal legal notice to you?

 

Any notice from you to us must be in writing and may be given by (i) mailing it to us at our office address, or (ii) delivering the notice to Manager at our office during normal business hours. You agree that we may (but are not obligated to) treat notices and requests from any Tenant as notice from all Tenants and Occupants.

 

44. Are there any third party rights that could affect the Community or my Rental Property?

 

a. Condemnation: If the whole or any part of your Rental Property is taken by condemnation or under the power of eminent domain, this Lease will automatically terminate on the date you are required to surrender possession to the condemning authority and you will not be entitled to any portion of the proceeds of any condemnation award or payment.

 

b. Sale of the Rental Property: The sale of the Rental Property, including a sale by foreclosure, will not affect this Lease or any of your obligations under the Lease. Unless specifically expressed, you agree that upon the sale of the Rental Property, you will look solely to the new owner for the performance of the landlord's duties under this Lease and will be deemed to have released the Owner/Manager Affiliates from all liabilities arising after the date of such sale. Upon notice of our transfer of your Security Deposit and/or Pet Deposit to the new owner, you will look solely to the new owner for the return of the unapplied portion of your Security Deposit or Pet Deposit.

 

c. Subordination: This Lease, and your rights hereunder, are subordinate to all land leases, present and future mortgages or deeds of trust, if any, affecting the Premises. We may execute any papers on your behalf as your attorney-in-fact to accomplish this if permitted under applicable law.  In the event of any judicial or non-judicial foreclosure of the Premises, at the election of the acquiring foreclosure purchaser, the Lease shall not be terminated and you shall attorn to the purchaser, provided that the purchaser in that election agrees not to disturb you if you are complying with this Lease.

 

45. What other general provisions apply to the Lease?

The Lease is the complete agreement between you and the Owner. You may not rely on any oral promises of the Owner, Manager or any other party that are not set forth in this Lease. This Lease can only be changed by an agreement in writing, signed by you and us. This Lease will be binding upon the successors and assigns of each Tenant. Time is of the essence in your obligations under this Lease. If permitted by law, you waive the right to a jury trial in all legal proceedings relating to your use and occupancy of your Rental Property, and you waive the right to countersue in any summary proceeding we bring. Should a court of competent jurisdiction find any of this Lease's provisions to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect any of this Lease's other provisions. In addition, such illegal, invalid or unenforceable provision shall be modified to the minimum extent necessary to make such provision legal, valid and enforceable.

 

46. Do the provisions of this Lease survive the Lease End Date and/or the termination of this Lease?

 

Your payment obligations under this Lease, as well as your obligation to indemnify and hold the Owner/Manager Affiliates harmless, and our rights upon any default by you, will survive the termination or expiration of this Lease.

 

47. If I have a disability, may I request a modification to my Rental Property or the common areas, or an accommodation to your policies, practices or services?

Yes. The Owner and Manager want you to enjoy the use of your home, and are committed to compliance with the provisions of the Fair Housing Act, including those provisions relating to reasonable modifications and accommodations.

 

48. Does the Owner have the right to make any changes to my Rental Property?

 

You acknowledge that during the Lease Term we may perform "Owner Alterations" to the Premises and/or the Rental Property Community may make alterations. Owner Alterations include, for example, maintenance, alterations, repairs, asset preservation and improvements. You also acknowledge that you will not be entitled to any withholding or abatement of Rent nor will you be deemed constructively or actually evicted from the Premises based on our performing any Owner Alterations to the Premises or the Rental Property Community, unless the Premises are untenable due to Owner Alterations. You waive any claim or cause of action against us for actual or constructive eviction or for any damages based on Owner Alterations, except to the extent the Premises are rendered untenable due to Owner Alterations.

Walter Williams Properties / T 904.808.7368 / F 904.494.2675 / Peter Fragale, Broker peter@walterwilliamsproperties.com / © 2012 WWPM

2225 A1a South, Suite B4  St. Augustine, Florida 32080