Residential Lease for Apartment or Unit in Multi-Family Rental Housing

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Presentation transcript:

Residential Lease for Apartment or Unit in Multi-Family Rental Housing RLAUCC-1x

Section VIII. Use of Premises Several terms in this section begin, “Unless this box is checked.” The easiest way to understand is to begin after “Unless this box is checked.” “No smoking is permitted in the Premises.” If true, do nothing. If not, check the box. “Tenant may not keep or allow pets or animals on the Premises….” If not, check the box and collect the deposit.

Section IX. Maintenance You must decide who will cover ALL maintenance. “Major maintenance or major replacement means a repair or replacement that costs more than $_____.” IGNORE THIS SENTENCE!!!!! There is a prior sentence that reads, “Tenant’s responsibility, if any, indicated above, shall include major maintenance or major replacement of equipment.”

Section XXV. Tenant’s Personal Property Landlord needs to have the Tenant initial this box. If Tenant initials, then “the Landlord shall not be responsible for storage or disposition of the Tenant’s personal property.” If Tenant does not initial, Landlord must follow Florida Statute 715.104 -105 requiring notice and possible storage of the personal property.

Minimizing the Risk We all know Realtors® cannot add to or amend the lease, so several topics become risky and should be referred to an attorney to avoid liability. Leases for longer than a year. Automatic renewal language. Lease Purchase/ Lease Option language. Prorating the first and last month’s rent when the lease starts on the 12th, but the landlord wants rent due on the first and wants first and last month‘s rent collected upfront.