Florida Residential Lease Agreement

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this _______ day of JUNE, by and between DIRK TROXEL (hereinafter referred to as "Landlord") and W. JOSEPH RUCKER (hereinafter referred to as "Tenant").  

W I T N E S S E T H :          

WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in LEE County, Florida, such real property having a street address of 21179 BUTCHERS HOLLER, ESTERO FLORIDA, 33928 (hereinafter referred to as the “Premises").             

WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and        

WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein;                 

NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:                 

1. TERM.  This Agreement shall commence on 5 JULY 2013 ("Commencement Date") and shall continue as a lease for term. The termination date shall be on (date) 5 JULY 2014 at 11:59 PM.

2. RENT Tenant shall pay to Landlord the sum of ONE THOUSAND_____________HUNDRED DOLLARS ($_____________) per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 17TH day of each calendar month and shall be considered advance payment for that month.

Acceptable forms of payment of Rent to Landlord shall be personal check, corporate check, money order, cash or cashier’s check. Payment shall be made to Landlord under the following name and address: DIRK TROXEL 19401 SKIDMORE WAY APT 8-204 FT. Myers FL 33967

3. USE OF PREMISES.  The Premises shall be used and occupied by Tenant and Tenant's immediate family as a private single family dwelling. Tenant will be allowed to conduct normal operations of business typical of his trades. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

4. CONDITION OF PREMISES.  Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition subject to Tenant’s CheckIn inspection list (See Addendum “A”). Tenant reserves the right to inspect the Premises for mold and Landlord agrees to correct any instances found by Tenant’s mold inspector at Landlord’s expense or as a reduction in rent for that month or months.

5. ASSIGNMENT.  Tenant shall not assign this Agreement or any part thereof without the prior consent of Landlord. 

6. ALTERATIONS AND IMPROVEMENTS.  Tenant shall make no alterations or improvements on the Premises without the prior consent of Landlord.  Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.

7. HAZARDOUS MATERIALS.  Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.  8. UTILITIES, POOL, PEST AND LAWN.  Tenant shall be responsible for potable water, electricity, gas, cable, security and telephone. Landlord shall pay regular pest control and lawn maintenance.

9. MAINTENANCE AND REPAIR; Landlord shall pay for all equipment, appliances or other attached parts of the Premises including the repair and maintenance of the same.

10. INSPECTION OF PREMISES.  Landlord shall have the right of inspecting the Premises upon giving Tenant 72 hours prior notice for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. 

11. SUBORDINATION OF LEASE.  This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 

12. SURRENDER OF PREMISES.  Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this  Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.

13. LANDLORD OBLIGATION TO KEEP TENANCY WHOLE. Landlord will supply to Tenant proof of payment of mortgages, utilities, taxes, municipal fees or any other Landlord obligations that could cause a default and a repossession of the Premises that would render this Agreement insolvent and jeopardize Tenant’s residency and use of the Premises. Tenant upon notification of Landlord’s default may (i) cure the default and reduce rent (ii) terminate the Lease Agreement, (iii) withhold rent until default is cured by Landlord.               14. QUIET ENJOYMENT.  Tenant shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 

15. LATE CHARGE.  In the event that any payment required to be paid by Tenant hereunder is not made within three (5) days the 17th of the month, Tenant shall pay to Landlord a "late fee" in the amount of TWENTY-FIVE DOLLARS ($25.00).

16. GOVERNING LAW.  This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida.  

17. SEVERABILITY.  If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

18. BINDING EFFECT.  The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the  parties hereto.

19. DESCRIPTIVE HEADINGS.  The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.

20. ON-WAIVER.  No indulgence, waiver, election or non-election by Landlord or Tenant under this Agreement shall affect Landlord or Tenant's duties and liabilities hereunder.  21. MODIFICATION.  The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.    22. RADON NOTIFICATION. Landlord warrants that Radon has not been found.

23. UTILITIES. Landlord will keep the electric and water utilities in his name. Tenant will pay the utilities before the past due date. Landlord will cause copies of the Florida

Power Light and Lee County Water Utilities (“LCU”) bill to be forwarded to Tenant. Landlord will allow Tenant access to online payment center for LCU.

24. NOTICE.  Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:

If to Landlord to: DIRK TROXEL – ABOVE ADDRESS

If to Tenant: at the Premises.

Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party.

ADDITIONAL PROVISIONS; DISCLOSURES.

By Addendum “A” Attached

As to Landlord this ______ day of ________________________, 2013.  

LANDLORD:

Sign: ___________________________________ Print: Dirk Troxel

_________________________________ Date: ______________2013

 As to Tenant, this ______ day of ________________________, 2013.  

TENANT:

Sign: ___________________________________ Print: W. Joe Rucker

__________________________________ Date: ______________2013

ADDENDUM A

Tenant will pay Landlord a prepayment equal to one month’s rent at the signing of the Lease Agreement and a second prepayment of rent on or before 22 July 2013.

In consideration for the Tenant’s acceptance of the Premises which are under repair, and for any assistance in the overseeing of the Landlords repairs, there will be no payment of rent for the period 5 July 2013 to 17 July 2013.

Landlord agrees to allow Tenant to move Tenant’s personal possessions into the Premises garage on or after 27 June 2013 leaving adequate room for passage for Landlord’s contractors through the garage.

Tenant to begin paying utilities when the payments come due in August 2013. Tenant will pay 50% of the August 2013 electric and water utility payments with Landlord.

Landlord agrees to complete the following repairs by 5 July 2013:

Kitchen (all), Lanai (screen, concrete sealant, door, fan and drainage) Carpeting (all bedrooms/closet areas) Washer/Dryer installed Professional cleaning (all interior surfaces) Fans and door locks Install/Repair Comcast Cable for Internet Hi Speed connection and HDTV Mold inspection

Landlord agrees to finish the above repairs or reduce the Tenant’s rent 50% for the first month.

The following repairs or improvements to be finished by 17 July 2013

Screens for all windows Cracked window in Master Bedroom Painting of shelving in bedroom Front Finished Screen Porch (FSP) Replace/repaint all interior doors Blinds for kitchen, bedrooms, Hurricane Shutters or hurricane proof windows Landscaping, lawn irrigation and lawn

Landlord agrees to allow Tenant to extend this Lease Agreement through 5 JULY 2015 by giving Landlord thirty (30) days written notice prior to the end of the Lease Agreement.

ADDENDUM A (cont)

Tenant to pay for a professional cleaning on exit up to $200.

As to Landlord this ______ day of ________________________, 2013.

LANDLORD:

Sign: ___________________________________ Print: Dirk Troxel

_________________________________ Date: ______________2013

As to Tenant, this ______ day of ________________________, 2013.

TENANT ("Tenant"):

Sign: ___________________________________ Print: W. Joseph Rucker

__________________________________ Date: ______________2013