January 15, 2018 | Author: Anonymous | Category: society, work, contracts
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CONTRACT TO ENTER INTO A LEASE THIS CONTRACT TO LEASE is between ____________________________________________________ (Prospective Tenant) and __________________________________________________________________ (Prospective Landlord) for the proposed rental property located at _______________________________________________________________________________ ____________________________________________________________________________________________________________ 1.

DEPOSIT (“Broker”)







Inventory Attached

Parking: spaces______________, vehicles prohibited (if any) _________________________________________________ Pets:


permitted, restrictions: ____________________________________________________________

Property Use Restrictions: _____________________________________________________________________________ Property is to be used by___________Occupant(s) for (purpose):________________________________________________ 3.

TERMS: Proposed Lease Term to commence on the _____________day of______________,________and end on the _______day of_________________, __________. Total Rent $ ____________________per ______________________. Security Deposit $ ____________________ Pet fee (s)

refundable $____________________

Advance Rent $______________________

non-refundable $________________

Application Fee $_____________________


Security deposit, advance rent, and refundable fees will be held by Broker Prospective Landlord Other ____________in a separate interest bearing non-interest bearing account in a Florida financial institution.


EXPENSES: To be paid by: UTILITIES: Electric Gas/Fuel Sewer Water Trash Collection Telephone





MAINTENANCE: A/C and Heating Building Interior Building Exterior Lawn Pool and Equipment Pest Control Appliances Common Areas

TAXES: Real Property Sales and Services Personal Property

INSURANCE: Personal Liability Property Damage Flood

OTHER: _______





PREPARATION OF LEASE AGREEMENT: The parties to this Contract agree to prepare or have prepared a lease agreement consistent with the terms and conditions of this Contract. The lease agreement will be executed by all parties no later than ________________,_________. Lease provision of this Contract which conflict with provisions of this Contract will control.

Tenant(s): ______, ______, ______, ______

Landlord(s) or Landlord Representative: ______, ______

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ASSOCIATION APPROVAL/BACGROUND CHECK: Where applicable, this contract is subject to and contingent upon the Prospective Tenant being approved by the condominium/homeowners association. Prospective Tenant shall be responsible for the payment of all application and related fees. Tenant authorizes Landlord (or the Landlord’s Agent) to conduct a background and credit check of Tenant and Tenant shall pay all fees and cooperate therewith. Tenant shall make application for association approval within ________ days from the effective date if this Contract. In the event the Prospective Tenant is not approved, this Contract will terminate and all deposits made will be refunded to the Prospective Tenant unless otherwise specified. The parties will make all reasonable efforts, including any required personal appearances to obtain Association approval. Occupancy is not permitted prior to Association approval.


FAILFURE TO PERFORM: If Prospective Tenant fails to perform any of the promises of this Contract, the deposit(s) paid or agreed to be paid by Prospective Tenant may be retained by or for the account of Prospective Landlord as agreed upon liquidated damages, consideration of the execution of this Contract, and in full settlement of any claims, and Prospective Landlord and Prospective Tenant will be relieved of all obligations under this Contract. If Prospective Landlord fails to perform any of the promises of this Contract, the deposit(s) will be returned to the Prospective Tenant without waiving any action for damages resulting from Prospective Landlord’s breach.


RETAINED DEPOSITS: In the event Prospective Landlord retains a deposit, Prospective Landlord will pay to Broker 50% of the deposit, not to exceed any previously agreed upon compensation, as full consideration for Broker services.


BROKER/BROKERAGE COMMISSIONS: The following real estate broker (“Brokers”) are the only brokers involved in the procurement of this Contract and shall be paid commissions upon full execution of the Lease. If one of the Brokers or another party third party is holding advance rents or a holding deposit, such party is authorized and instructed to pay the Broker’s commissions from those funds. If such funds are insufficient to pay Broker’s commissions, any unpaid balance shall be paid by the Landlord upon the earlier of the Tenant taking occupancy of the Property or the Tenant tendering the balance of any advance rents. Any portion of the commissions paid to the Brokers shall be non-refundable except to the extent that the tenancy does not commence as a result of the Tenant not being approved as set forth in paragraphs 6-7 above. (a) Listing Broker:

(Print Name)


(b) Tenant’s Broker: (Print Name)


(c) Commissions upon renewal or extension of the Lease. Landlord shall pay to Brokers (to be split equally) a lease renewal/lease extension commission equal to the greater of: (i) _________% of the gross rent for such renewal or extension upon execution of a renewal, extension or new lease between Landlord and Tenant; or (ii) the amount set forth in Landlord’s listing or other brokerage agreement with the Listing Broker. This provision shall survive any subsequent lease between Landlord and Tenant. (d) Notwithstanding anything to the contrary contained in the Lease, in the event that the Property is sold to any Tenant (or occupant identified in the Lease), or any member of their immediate family (or any entity which they have an interest) during the term of the lease (or any extension or new lease term), Landlord shall pay the Brokers (to be split equally) a sales commission equal to the greater of) (i) 6% of the total sales price: or (ii) the amount set forth in Landlord’s listing or other brokerage agreement with Listing Broker. This Provision shall survive any subsequent lease between Landlord and Tenant. 10. USE RESTRICTIONS: The Parties agree that Property is being rented subject to zoning ordinances, restrictions, limitations, easements and public utilities of record; however, this Contract is contingent upon the intended use stated in Paragraph 2 being permissible. 11. ASSIGNABILITY: This Contract is binding upon and inures to the benefit of the Parties and their respective heirs, personal representatives, and successors. Prospective Tenant may not assign this Contract without the prior written consent of the Prospective Landlord. 12. RADON GAS: Radon is naturally occurring radioactive gas that when it has accumulated is 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 country public health unit. 13. BROKERAGE DISCLOSURE: Broker represents

Prospective Landlord

Prospective Tenant.

14. FACSMILE: A facsimile copy of this Contract and any signatures thereon will be considered for all purposes as originals.

Tenant(s): ______, ______, ______, ______

Landlord(s) or Landlord Representative: ______, ______

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15. SPECIAL CLAUSES: ______________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ This Contract is not a Lease. It is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing. Date: ___________________________ Prospective Tenant

______________________Tax ID/SSN: ______________________

Date: ___________________________ Prospective Tenant

______________________Tax ID/SSN: ______________________

Home Telephone: _______________________ Work Telephone: _______________________Fax: ________________________ Address: _______________________________________________________________________________________________ ______________________________________E-mail: ___________________________________________________________ Date: ___________________________ Prospective Landlord: _____________________________________________________ Date: __________________________ Prospective Landlord: _____________________________________________________

Tenant(s): ______, ______, ______, ______

Landlord(s) or Landlord Representative: ______, ______

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