Legal Question in Real Estate Law in Florida

What would you want to change in this lease if you were the lessee.

The State of Florida

County of Lee

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By this agreement made and entered into this ______ day of April, 2011, between �xxxxx, as Lessor, and xxxxx and xxxxx, as Lessees, whereby Lessor leases to Lessees the following described premises: �Single family residential dwelling situated at �xxxxx, in Fort Myers, County of Lee, State of Florida, together with all the appurtenances, for a term of one ( 1 ) year, to commence on May 1, 2011, and to end on April 30, 2012. Lessees covenants and agrees to pay Lessor a rental of $800.00 monthly, as follows: $800.00 on the execution of this lease agreement which shall be applied as payment for the last month of this lease, and the balance as follows: �$800.00 on the first of every month thereafter beginning May 1, 2011, with payment made to: xxxx, xxxx, Fort Myers, FL xxxxx.

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Additionally, as security for the faithful performance by Lessees of the terms of this lease, Lessees shall pay Lessor the sum of $500.00 payable at $100.00 monthly for five consecutive months beginning May 1, 2011. The deposit shall be held in a separate account for the benefit of Lessees, and shall be returned to Lessees, without interest, on the full and faithful performance and with only normal and tear of the premises by Lessees pursuant to the provisions of this lease.

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It is further understood and agreed between the parties as follows:

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Section I.�� Peaceful Enjoyment

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Lessor covenants that, on paying the rent and performing the covenants contained here, Lessees shall and may peaceably and quietly have, hold, and enjoy the leased premises for the agreed term.

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Section II.�� Use and Occupancy

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Lessees shall use the leased premises exclusively for a private residence, and shall not, without Lessor consent, assign this lease, or let or sublet the whole or any part of the leased premises, or make any alterations.

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Section III.�� Liability for Abandoning Premises

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If at any time during the term of this lease Lessees abandons the premises or any part of the premises, Lessor may, at Lessor option, obtain possession of the premises in the manner provided by law, and without becoming liable to Lessees for damages or for any payment of any kind whatever. Lessor may, at Lessor�s discretion, as agent for Lessees, relet the premises, or any part of the premises, for all or part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting. At Lessor�s option, Lessor may hold Lessees liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for the period realized by Lessor by means of the reletting. If Lessor�s right of reentry is exercised following abandonment of the premises by Lessees, then Lessor may consider any personal property belonging to Lessees and left on the premises to also have been abandoned, in which case Lessor may dispose of all the personal property in any manner Lessor shall deem proper, and Lessor is relieved of all liability for doing so.

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Section IV.�� Utilities

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Lessees shall pay all charges for water, electricity, telephone, internet, television cable, and trash and recycling, used or incurred during the term of this lease or any renewal of this lease.

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Section V.�� Use & Maintenance of Premises & Grounds

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Lessor agrees that Lessees shall have the free use of all fruit on the premises during the term of this lease. Lessees agree to keep the grounds in neat order and condition, to permit no waste or injury to the trees, shrubbery, or vines, and not to remove them from the premises. �

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Section VI.�� Animals

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Lessees may keep only one domestic dog and no other animals on or about the leased premises without the written consent of Lessor.

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Section VII.�� Sanitation

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Lessees shall comply with all sanitary laws, ordinances, and rules, and all orders of the board of health or other authorities affecting the cleanliness, occupancy, and preservation of the leased premises, and the sidewalks connected to the premises, during the term of this lease.

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Section VIII.�� Hazardous Materials

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Lessees shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might increase the chance of eruption of fire on the leased premises, or that, ordinarily, would be considered �hazardous� or �extra hazardous� by any responsible insurance company.

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Section IX.�� Repairs by Lessees

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Lessees shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the faucets in repair; keep the furnace clean; keep the electric in order; keep the walks free from dirt and debris; and, at his or her own expense, shall make all required repairs to the plumbing, range, heating apparatus, and electric and other fixtures whenever damage to those fixtures has resulted from the Lessees misuse, waste, or neglect. Lessees also agrees that no signs shall be placed or painting done on or about the leased premises without the consent of Lessor.

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Section X.�� Repairs by Lessor

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On written notice from Lessees, Lessor will repair any condition which was caused by normal wear and tear and which also materially affects the physical health or safety of an ordinary Lessee.

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Section XI.�� Lessor Right of Entry for Inspection and Repairs

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Lessor agrees to put the leased premises in good order and condition before the time for giving possession to Lessees, and Lessor or Lessor�s agents shall have the right to enter the leased premises, or any part of the premises, at all reasonable hours with reasonable notice to Lessees during the term of the lease for the purpose of inspection or of making any repairs or alterations that may be necessary for the preservation of the premises in safe condition.

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Section XII.�� Effect of Loss or Destruction of Premises

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If the leased premises become totally unlesseesable after a casualty loss such as fire, smoke, hail, explosion, hurricane, tornado, or other casualty, and if the casualty loss is not due to the negligence or fault of the Lessees or the Lessees� family, guests, or invitees, either Lessor or Lessees may terminate the rental agreement at any time prior to completion of repairs by giving written notice to the other. In that event, the Lessees shall only be entitled to a pro rata refund of rent from date of move-out and a refund of any security deposit as required by law. If the leased premises become partially untenantable after a casualty loss of the sort listed above, and if the casualty loss is not due to the negligence of fault of the Lessees or the Lessees� family, guest, or invitees, and if the casualty is an insured casualty, the premises will be repaired by Lessor within a reasonable time, provided that the time period for repair will not commence until insurance proceeds are received by the Lessor. In that case, there will be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenantable. Notwithstanding the above, if the leased premises are damaged to the extent that Lessor decides not to rebuild, the term of this lease shall end and the rent shall be pro-rated up to the time of the damage.

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Section XIII.�� Showing of Property; Display of Signs

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During the last two months of this lease, Lessor or Lessor� agent shall have the privilege of displaying the usual �For Sale� or �For Rent� signs on the premises and of showing the property to prospective purchasers or Lessees�.

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Section XIV.�� Surrender of Possession at Termination of Lease

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At the expiration of the lease term, Lessees shall leave and surrender the premises in as good a state and condition as they were in at the commencement of the term, allowing for reasonable use and wear of the premises and damages by the elements.

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Section XV.�� Default in Rent Payment

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If any default is made in the payment of rent, or any part of the rent, at the times specified, or if any default is made in the performance of any other covenants or agreements contained in this lease, the lease, and the relation of Lessor and Lessees, at the option of Lessor, shall wholly cease and terminate.

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Section XVI.�� Binding Effect on Successors and Assigns

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The covenants and conditions contained in this lease shall apply to and bind the heirs, executors, and legal representatives of the parties to this lease, and all covenants are to be construed as conditions.

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Section XVII.�� Non Smoking Rules and Regulations

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Smoking is not prohibited in any area of the leased premises, except the partially enclosed and screened patio and outdoor areas. For purposes of this lease �smoking� means: the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco. This provision applies to Lessees and their guests. �It is the responsibility of the Lessees� to inform their guests of the no smoking provision of this lease and prohibit smoking by their household members or guests while on the premises. �Smoking by the Lessees�, or their guests in any non-designated area of the leased premises is a violation of this lease. �A breach of this provision shall be considered a material breach of the lease and grounds for termination of the lease by the Lessor.

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Section XVIII � Hold Harmless

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Lessees shall indemnify and hold harmless Lessor: (1) against and from all claims, costs, losses, damages, judgments, expenses, attorney's fees or any other liabilities arising from Lessees� use of the Premises or from any activity permitted or suffered by the Lessees or their guests or invitees in or about the Premises; (2) against and from Lessees� failure to comply with any law, rule, regulation or order of any governmental authority; and (3) against and from all claims arising from any breach or default in the performance of any obligation on Lessees� part to be performed under the terms of this Lease. The Lessor shall not be liable to the Lessees or the Lessees� family, agents, guests, invitees, employees or servants, for any damages or losses to personal property caused by any other person. Lessees agrees to indemnify and hold the Lessor harmless from and against all claims for damages to the property, persons, or invitees arising from Lessees� use of the Premises, or for any activity, work or thing done, permitted or suffered by Lessees in or about the Premises. The Lessor shall not be liable for personal injury or damage or loss of Lessees� personal property (furniture, jewelry, clothing, etc.) from theft, vandalism, fire, water, rainstorms, smoke, acts of God, acts of other persons, or any other causes whatsoever even if such loss, damage, or claims arise from or are in any way connected to the negligence of the Lessor.

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Section XIX � Indemnification

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Lessees, as a material part of the consideration to the Lessor, assumes all risk of damage to the property or injury to persons or invitees in, on or about the Premises, from any cause other than Lessor� willful or intentional acts. This indemnification and hold harmless agreement shall apply to all claims against Lessor, including claims attributable in whole or part to Lessor�s negligent acts or omission, and Lessees waives all such claims against Lessor.

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Section XX �� Jurisdiction

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In the event you breach the terms of this agreement, or if, any claims are made against GBR (its employees, officers or directors resulting from your actions) you shall be liable to GBR for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, the United States of America as applied to contracts entered into and performed within Florida. You agree to grant jurisdiction over yourself to the courts of Florida and designate it as the forum for resolution of all disputes arising out of this Agreement.

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Section XXI � Attorney�s Fees

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If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be awarded its attorneys' fees and costs incurred.

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Section XXII �Radon Gas Notification

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RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

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Executed on this _____ day of April, 2011.

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