throbber
Filing # 194988537 E-Filed 03/28/2024 08:51:44 AM
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`16-2024-CC-005414-AXXX-MA Div: CC-I
`
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/01/2024 11:55:55 AM
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`

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`LEASE FOR RESIDENTIAL PROPERTY
`
`Exhibit A
`
`For and in consideration of Ten Dollars ($10.00), the mutual covenantsset forth herein and other good and valuable consideration, the receipt
`and sufficiency of which is hereby acknowledged, the undersigned Lessor and the undersigned Tenant do hereby agreeasfollows:
`
`A. PRIMARY TERMS The primary terms ofthis lease are set forth in this Section and are subject to the explanations and clarifications set
`forth in Corresponding Paragraphs Section B of the Lease. Lessor agrees to lease to Tenant and Tenant agrees to lease from Lessor the
`Premises identified herein on this date of September 25, 2023 under the terms and conditions of which are set forth as follows:
`
`1. Nameof Lessor: TBR SFR JACKSONVILLE Owner 1, L.P. (“Lessor”)
`Nameof Tenant(s): Anessia Hickson, Cyrus Hickson Jr ("Tenant")
`Property Address: 6371 Sauterne Dr, Jacksonville, FL 32210 (“Premises”)
`
`
`
`. Lease for a term Start Date: September 28,2023Last Day of Lease(Lease End Date): October 31,2024.Tenant may terminate this
`Lease without penalty if possession is not granted within 15 days after the Lease Start Date (“Approved Delay Period”). No delay on the
`part of Lessor in delivering possession or exercising any poweror right hereundershall operate as a waiver thereof, nor shall any waiver
`of any
`rights or powers of Lessor or consent by Lessor bevalid unless in writing duly executed by Lessor.
`
`. Rent: Tenant shall pay monthly rent of $1725.00 If Tenant is taking occupancy prior to the first day of the calendar month, then
`Tenantwill pay prorated rent of $ for the period of _prior to taking possession.
`Rent Shall Be Payable To Excalibur Homes, LLC (Manager) and mailed to 2855 Marconi Dr. #310 Alpharetta, GA 30005 or
`delivered in person to_7800 Southland. Suite 102, Orlando, FL_32809 (“Rent Payment Addresses’)
`Form of Payment: Tenant may pay rent by Personal checks, certified checks, or money orders. Tenant can pay by Auto-debit (Free) or
`make one time payments through Manager's portal for a fee of $10.00 per ACH paymentand $15 per debit card payment. Tenant may
`pay by credit card through Manager's portal which will include a convenience fee of 3.5% to offset the merchant services fees charged
`by the credit card companies. For security purposes Cash is not accepted at either of the Rent Payment Addresses. Tenants that want
`to
`pay Cash may
`request
`a CashPay
`form and
`pay
`in
`cash
`at
`any
`of
`the
`locations
`identified
`on
`https://www.paylease.com/cashpay/locations. Any of these options may be discontinued by Lessor subject to paragraph B.4. for
`payments returned by the bank as unpaid or credit card transactions which are reversed. Any charges due and/or payable by Tenant
`underthis Lease shall be considered “Additional Rent.” Rent may not be unilaterally abated.
`. Due Date for Rent: Rent shall be due on the 1stday of each month without demand. Rent must be paid no later than by the 11:59
`p.m. on the 5th day of the month (“Due Date”). Rent paid after the Due Date shall be late and must include additional rent of 10% of the
`monthly rental rate (“Additional Rent for Late Payment”) and must be paid by: Certified Check or Money Order. Service Charge:
`$50.00 (“Service Charge”) for all dishonored checks OR rejected electronic (ACH) payments.
`
`. Notices: A party electing not to renew the Leasefor term is required to provide the other party a 60 day notice to terminate this Lease.
`If the Parties continue ona month to month basis, either Party must provide the other with a 30 Day Notice.
`
`. Security Deposit: Tenant shall have the option, if permitted by Landlord, to pay Excalibur Homes, LLC (Holder) a security deposit of
`$1725.00 or Tenant mayelect to participate in a security deposit insurance program as described in the Security Deposit Lease
`Addendum attached hereto and made a part hereof and provides Lessor with insured coverage for the samedollar amountafter
`the application of all deductibles, costs and fees.If the tenant elects to pay the security deposit , it will be held in Escrow Accountat
`JP Morgan
`. Non-Refundable Administrative Fee Paid by Tenant: $200.00.
`
`8. Re-Key Fee Paid by Tenant upon Lease Termination: $50.00 per lock/cylinder. A handset and a deadbolt equals 2 locks. If the
`Re-Key remains unpaid upon Lease Termination, Lessor shall have the right to deduct same from the Security Deposit.
`Otherwise, Tenant may
`pay
`this fee in consideration for and upon executionof, this Lease.
`
`9. Utilities provided by Lessor include those checked here: None
`10.Lawn & Exterior Maintenance:Tenant shall maintain the lawn per Paragraph B.10. with the following exception(s):
`
`11.Use: Only the following people are authorized to occupy the Premises: Anessia Hickson, Cyria Hickson, KaCyah Hickson, Skyler
`Hickson, Cyrus Hickson Jr. Unauthorized residents are subject to removal/eviction upon demand. The housing of unauthorized
`residents shall constitute a material breach of the Lease, for which Tenantshall be given an opportunity to cure in accordance with
`Florida law.
`
`12.Pets: Tenant Shall not be allowed to keep pets on the premises.If pets are allowed a separate pet exhibit must be attached hereto and
`incorporated into this Lease.
`13.Smoking: Tenant shall not be allowed to smoke within the Premises. Smoking in the premises shall cause the tenancy to be subject to
`immediate termination, upon notice in writing by Lessor, and shall constitute a material breach for which tenant shall not be given an
`opportunity to cure.
`
`14.Pest Control: Pest Control, as defined in the Lease, shall be the responsibility of and paid for by Tenant
`15.No Subletting. There shall be no subletting of any kind including, but not limited to, nightly rental services such as AIRBNB.com
`VRBO.com, or home exchangeservices such as HomeExchange.com. All occupants of the Premises mustbeidentified in this Lease.
`Page 1 of 25
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`110860079.2
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`Unauthorized subletting, assignments of lease, and short term rentals shall constitute a material breach of this Lease for which Tenant
`shall not be given an opportunity to cure.
`
`16.The Applianceslisted are provided by Lessor and will be maintained or repaired by Lessor:Dishwasher,Microwave (Built In),Range
`- Free Standing,Refrigerator
`
`17.Lead Based Paint: Premises Wasbuilt prior to 1978. Tenant has received a copy of the Protect Your Family From Lead in Your Home
`pamphlet.
`
`18. (Liquidated Damages) Deleted.
`
`19. (Early Termination) Deleted.
`20.Holding Over: The daily rate for holding over beyond the term or termination of the Lease shall be the maximum amount allowable
`underFlorida law, which is equal to twice the monthly rent, apportioned on a per-daybasis. ("Holding Over Rate”).
`
`21.No Estate/Fee to Prepare Lease Amendmentfor Change of Tenant(s): $50.00 payable to Lessor
`
`22.Renewal Term: This Lease for a term can be renewed or extended only by a new lease signed by both Landlord and Tenant. Otherwise,
`after the expiration of the Lease Term, with Landlord's consent, this Lease will automatically renew on a month-to-month basis, with all
`other terms and conditions of the Lease remaining in full effect, but then may be terminated at any time by Landlord or Tenant by
`giving a minimum of thirty (30) days written notice of termination of the Lease prior to the end of any month. Each monthly rent
`payment due during any month-to-month term. shall include an additional rent payment of $500.00.
`If Tenant continues to
`occupy the Premisesafter the initial Lease Term, or a month-to-month rental term expires without the continued consent of Landlord,
`or after the serving of a thirty (30) day notice of termination by Landlord, then Tenantshall be liable for double rent as a holdover
`tenant. For any
`renewal granted, at Landlord's discretion, the rent may be increased with a thirty
`(30) days written notice.
`
`23. Leasing Broker is None andis:
`
`Listing Broker is Excalibur Homes, LLC andis:
`
`Brokerage Firm: Excalibur Homes, LLC, 2855 Marconi Dr, Suite 310, Alpharetta, GA 30005 (hereinafter “Manager’).
`
`Representing Landlordasclient.
`
`24. Material Relationship Disclosure: Broker and/or their affiliated licensees disclose the following material relationships: None.
`
`25. Authorized Agent Disclosure: The name and address of the Ownerof record of the Premises or the person authorized to act for and
`on behalf of the Ownerfor the purpose of serving of process and receiving demandsandnoticesis as follows:
`Lessor, as named above, in care of Excalibur Homes, LLC, 2855 MarconiDr, Suite 310, Alpharetta, GA 30005.
`Manager: The name and addressof the person authorized to manage the Premises and Property is as follows:
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`110860079.2
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`Page 2 of 25
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`B.CORRESPONDING PARAGRAPHS
`
`1. Agreement to Lease. The Parties agree to enter into this Lease for the Premises which may be further described in Exhibit “A".The
`Premises may bepart ofa larger property (“Property”). If so, Tenant shall have the right to use the commonareasof the Property subject
`to: (1) all rules, regulations and covenants applicable thereto; and (2) the commonareas being reduced, modified, altered or being made
`subject to further use restrictions by Lessor or any community association responsible for the same.
`
`2. Term and Possession. If Lessor is unable to deliver possession of Premises on the Start Date, rent shall not begin until possession is
`granted. If possession is not granted by the end of the Approved Delay Period, Tenant may, by giving notice to Lessor, terminate this
`Lease in which event Lessor shall promptly refund all rent and deposits to Tenant (see A.2.). Neither Lessor nor Brokershall be liable for
`any delay in the delivery of possession of Premises to Tenant. This Lease will automatically renew month-to-month unless either party
`gives at least 60 days written notice of termination or intent to move-out as required by this Lease. In the event Tenantfails to provide
`Lessor with the required numberof days written notice of termination and intent to vacate as required by this paragraph and elsewherein
`this Lease, Tenant acknowledges and agrees that Tenant shall beliable to Lessor for liquidated damages in the sum equal to one month's
`rent. This liquidated damages amountis exclusive to insufficient notice under this paragraph and doesnotlimit collection rights with
`regard to other amountspotentially owed to Lessor. In the event this Lease renews on a month to month basis, you must pay the amount
`of rent Lessor charges at the time the month-to-month tenancy commencespursuantto this paragraph, inclusive of any applicable fees
`or premiums. Lessor may change Tenant's rent at any time during a month to month tenancy by giving tenant no less than 30 days
`written notice. Month to Month tenancies are terminable at will by either Lessor or Tenant pursuant to Fla. Stat. § 83.57, or as otherwise
`required by local law.
`
`3. Rent. Tenant shall pay rent in advance to Lessor monthly, and on or before the Due Date during the Lease Term (see A.3.) to the Rent
`Payment Address (or at such other address or in such other manner as may be designated from time to time by Lessor to Tenantin
`writing). If the Start Date or the Ending Date is on the second day through thelast day of any month, the rent charge shall be prorated for
`that month. Tenantis required to pay an amount equalto one full month’s rent upon taking possession of the Premises. Tenantwill pay
`the prorated rent charge on the first day of the next calendar month following the Lease Start Date. Mailing the rent payment shall not
`constitute payment. Tenant acknowledgesthatall funds received by Lessorwill be applied to the oldest outstanding balance owed by
`Tenant to Lessor. Cash is unacceptable without Lessor's prior written permission. Tenant shall not withhold or offset rent withoutfirst
`providing Lessor with notice and a reasonable opportunity to cure as provided for under Chapter83, Florida Statutes. Lessor may,at its
`option, require at any time that Tenant payall rent and other sums in certified or cashier's check, money order, or one monthly check
`rather than multiple checks. Rent is not considered accepted, if the payment is rejected, does not clear, or is stopped for any reason.
`Lessor may, but is not required to, accept rent through direct debit, ACH or other electronic means established and approved byLessor.If
`Tenant doesnot pay rent.on or before the 1St day of the month, Tenant shall pay a late charge.Lessor and Tenant agree thatthe late fee is
`intended to be liquidated damagessince the added costs of late payment and damagesin such instancesare difficult to determine.All
`property in the apartment or common areas associated with the apartment is (unless except under Florida law) subject to a contractual
`lien to secure payment of delinquent rent. The lien will attach to Tenant's property or Tenant's property will be subject to the lien at the
`time Tenant surrenders possession or abandons the Premises. If during the term of this Lease any locality, city, state, county, or Federal
`Government imposes upon Lessor anyfine, code violation, charge, or tax which is related to Tenants use and occupancy of the Premises
`such that Lessor is charged a fee, fine, charge or tax, then Lessor may add this charge as Additional Rent, during the term of the Lease
`Contract, with thirty (30) days advance written notice to Tenant. After this written notice, Tenant agrees to pay the amount or
`approximate amountof the charge as additional rent.
`
`4. Due Date, Late Payment; Service Charge for Returned Checks. Rent not paid in full by the Due Date shall be late (see A.4.). Lessor
`may, but shall have no obligation to, accept any rent paid after the Due Date.If late payment is made and Lessor accepts the same, the
`payment must include Additional Rent for Late Paymentin the form of cashier's check, certified check or wire transfer of immediately
`available funds, and if applicable, the Service Charge for any returned check. Lessor reserves the right, upon notice to Tenant, to refuse to
`accept personal checks or Electronic Funds Transfers (EFT) from Tenant after one or more of Tenant's personal checks or EFT payments
`have been returned by the bank unpaid.
`
`5. Notices. Either Party must provide the other Party the numberof days notice described in paragraph A.5. of their intent to terminate this
`Lease.
`A. All Notices Must Be In Writing. All notices, including but not limited to offers, counteroffers, acceptances, amendments, demands,
`notices of termination or vacating and other notices, required or permitted hereundershall be in writing and signed by the party
`giving the notice. The requirements of this notice paragraphshall apply even prior to this Agreement becoming binding.
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`110860079.2
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`Page 3 of 25
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`B. Method ofDelivery of Notice. Subject to the provisions herein,all notices shall be delivered either: (1) in person; (2) by an overnight
`delivery service, prepaid; (3) by registered or certified U. S. mail, pre-paid return receipt requested; (4) posted at a conspicuous place
`on the Premises. A notice to a party shall be deemed to have been delivered and received upon the earliest of the following to occur:
`(1) the actual receipt of the written notice by a party; (2) in the case of delivery by a Delivery Service, when the written noticeis
`delivered to an address of a party set forth herein (or subsequently provided by the party following the notice provisions
`herein), provided that a record of the delivery is created; (3) in the case of delivery electronically, on the date and time the written
`notice is electronically sent to an e-mail address (or subsequently provided by the party following the notice provisions herein).
`Notice to a party shall not be effective unless the written notice is sent to an address or email address of the party set forth herein (or
`subsequently provided by the party following the notice provisions herein).
`C. When Notice Is Deemed Received. Except as may be provided herein, a notice shall not be deemed to be given, delivered or
`received until it is actually received.
`In the event of a dispute regarding notice, the burdenshall be on the party giving notice to prove
`delivery.
`D. Certain Types of Signatures Are Originals. A secure electronic facsimile signature shall be deemed to be an original signature for all
`purposes herein. An e-mail notice shall be deemed to have been signed bythe party giving the same if the e-mail is sent from the
`e-mail address of that party and is signed with a “Electronic Signature” as that term is defined underFla. Stat. § 668.50(2)(h). Secure
`digital signatures, from services such as DocuSign,will also be treated as original signatures.
`E. When Manager Authorized to Accept Notice for Client: Manager shall not have the authority to accept notice on behalf of a
`Tenant or Landlord except that a Manager. acting as the Manager hereunder shall be authorized to receive notices on behalf of
`Landlord and notices delivered to Managershall for all purposes herein be deemedto be notice to Landlord provided that the notice
`is delivered to Manager following the notice proceedings set forth here to Manager's address, facsimile number or e-mail address of
`Managerset forth herein (or subsequently provided by the Manager to Tenant following the notice provisions herein).
`F. Deleted.
`
`6. Security Deposit.
`A. Move-In: Lessor shall provide Tenant with a comprehensivelist of any existing damages to Premises. Prior to taking occupancy,
`Tenantwill be given the right to inspect Premises to ascertain the accuracy of the form. Both Lessor and Tenant shall sign the form
`and Tenantshall be entitled to retain a copy of the form. Tenant acknowledges that Tenant has carefully inspected the Premises,is
`familiar with the same and that the Premises are in a good and habitable condition.
`B. Deposit of Same: Lessor will deposit the security deposit in anon-interest bearing account. The Security Deposit shall not be
`commingled with any other funds belonging to the Lessor. Lessor shall have the right upon fourteen (14) days prior notice to Holder
`and Tenant to change the Holder of the Security Deposit and / or the bank account into which the Security Deposit is deposited;
`provided that the new Holder designated by Lessor is a licensed Florida Real Estate broker and the bank account into which the
`Security Deposit is deposited into is an Escrow/Trust Account. (see A.6.)
`C. Return of Security Deposit: The balance of the Security Deposit to which Tenantis entitled shall be returned to Tenant by Holder
`within thirty (30) days after the termination of this Agreement or the surrender of Premises by Tenant, whichever occurs last
`(hereinafter “Due Date”); provided that Tenant meets all of the following requirements:(1) the full term of the Lease has expired; (2)
`Tenant has given the required written notice to vacate; (3) the Premises is clean and free of dirt, trash and debris;
`(4) all rent,
`additional rent, fees and charges have beenpaid in full; (5) there is no damage to the Premises or the Property except for normal wear
`and tear or damage noted at the commencementof the Lease in the Move-In Move-OutInspection Form signed by Lessor and
`Tenant; and
`(6) all keys to the Premises and to recreational or otherfacilities, access cards, gate openers and garage openers have
`been returned to Lessor or Manager.
`D. Deductions from Security Deposit: Holder shall have the right to deduct from the Security Deposit: (1) the cost of repairing any
`damage to Premises or Property caused by Tenant, Tenant's household, or their invitees, licensees and guests; (2) unpaid rent, utility
`chargesor pet fees; (3) cleaning costs if Premises is left unclean; (4) the cost to remove and dispose of any personal property; (5) late
`fees and any other unpaid fees, costs and charges referenced herein; (6) a fee to re key the locks either upon the termination of the
`Lease or to replace any mailbox keys or access cards not returned by Tenant at move out; and (7) any other costs and expenses
`resulting from Tenant's violation of this Lease.
`if the Lessor does not intend to impose a claim on the security
`E. Upon the vacating of the premises for termination of the lease,
`deposit, the Lessor shall have 15 days to return the security deposit together with interest if otherwise required, or the Lessor shall
`have 30 daysto give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to
`impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the
`following form:
`
`upon your security deposit, due to
`“This is a notice of my intention to impose a claim for damagesin the amountof$
`. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to
`this deduction from your security deposit within 15 days from the time you receive this notice or | will be authorized to deduct my
`claim from your security deposit. Your objection must be sent to 7800 Southland, Suite 102, Orlando, FL 32809.”
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`110860079.2
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`Page 4 of 25
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`YOUR LEASE REQUIRES PAYMENTOF CERTAIN DEPOSITS. THE LESSOR MAY TRANSFER ADVANCERENTSTO THE LESSOR’S
`ACCOUNTAS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVEOUT, YOU MUSTGIVE THE LESSOR YOUR NEW
`ADDRESS SO THATTHE LESSOR CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LESSOR MUST MAIL YOU
`
`NOTICE, WITHIN 30 DAYS AFTER YOU MOVEOUT,OF THE LESSOR’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT.
`IF YOU DO NOTREPLY TO THE LESSOR STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE
`LESSOR’S NOTICE, THE LESSOR WILL COLLECT THE CLAIM AND MUSTMAIL YOU THE REMAINING DEPOSIT,IF ANY.
`
`IF THE LESSORFAILS TO TIMELY MAIL YOU NOTICE, THE LESSOR MUST RETURN THE DEPOSIT BUT MAYLATERFILE A
`LAWSUIT AGAINST YOU FOR DAMAGES.IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LESSOR MAY COLLECT FROM
`THE DEPOSIT, BUT YOU MAYLATERFILE A LAWSUIT CLAIMING A REFUND.
`
`YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFOREFILING A LAWSUIT. GENERALLY, THE PARTYIN
`WHOSE FAVORA JUDGMENTIS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING
`PARTY.
`
`THIS DISCLOSUREIS BASIC. PLEASE REFER TO PARTII OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
`RIGHTS AND OBLIGATIONS.
`
`7. Administrative Fee. Upon completion of the MoveIn Inspection and payment of funds required to movein, Tenant shall pay Manager
`the non-refundable Administrative Fee of $200.00 (see A.7.).
`
`8. Keys, Locks, and Re-Key Fee. Landlord shall furnish Tenant at least one key to the Premises including one ofthe following,if applicable:
`garage door opener, gate opener, and recreational access key/card. At end of the Lease Term, all items specified in this section and
`provided to Tenant as documented on the MoveIn inspection report shall be returned to Landlord. If keys for the Property are not
`returned on or before the day the moveoutinspection is performed, Tenant agrees to pay the fee to rekey the locks which secure the
`erty per the fee described in Section A.
`If not also returned, Tenant will owe the actual cost to replace any mailbox key, pool key/fob,
`Prop
`key/fob or any other devices issued by the neighborhoodassociation related to the Property.
`gate
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`110860079.2
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`9. Utilities. Lessor shall have no responsibility to connect utilities the responsibility of which to pay for shall be that of the Tenant. Tenant
`shall select and connectall utilities to be paid for by Tenant within three (3) banking days from the commencement of the Lease and
`shall keep these utilities on through the completion of the Move-Out Inspection. Should Tenant disconnectthe utilities prior to the
`Move-OutInspection, thereby interfering with Lessor’s ability to perform a complete inspection, Tenant agrees to pay to Lessorthe Utility
`Connection Fee as liquidated damages (see A. 19.E.).
`In the event Lessor fails to disconnect any utilities serving the Premises after
`completing the movein inspection and Tenantreceives the benefit of such utilities paid for by Lessor, Tenant shall, upon receiving a bill
`for the same, immediately pay the cost thereof as additional rent to Lessor.
`In addition, Tenant shall immediately cause any such utility
`to be transferred to Tenant's name so that the bill goes to and is paid directly by Tenant.
`
`10.Lawn and Exterior Maintenance. The party maintaining the lawn (see A.10.) shall keep the lawn watered, mowed and edged, beds and
`lawn free of weeds, mulch and pinestraw laid and refreshed, shrubs trimmed, trash and grass clippings picked up on a regular basis
`(minimum of once every two weeksin growing season and fall leaf season) and shall keep the Premises, including the yard, lot, grounds,
`walkways and drivewayclean andfree of rubbish, trash and debris. Lessor shall be responsible for any other maintenance of the Premises
`as required by Florida Statutes.
`If Lessor sends Tenant a notice regarding lawn carein writing, and Tenant fails to correct the issues sited
`by Lessor within 5 days of notification, Lessor may send a contractor to perform the work required and Tenantagrees to pay the resulting
`invoice from the contractor within eight (8) days ofreceipt of the invoice.
`
`11.Use. Premises shall be used for residential purposes only and shall be solely occupied by those persons listed in this Agreement (see
`A.10.). Premises and Property shall be used by Tenant and Tenant shall cause all occupants, guests, licensees and contractors of Tenant
`to use the Premises and Property in accordance with this Lease all federal, state, county, and municipal laws and ordinances. Tenant
`agrees any violation or noncompliance of the above resulting in fines being imposed against Lessor or Broker shall be the financial
`responsibility of and immediately paid by the Tenant to Lessor as Additional Rent. Tenant shall be responsible for ensuring that Tenant
`and members of Tenant's household and their respective invitees,
`licensees, contractors and guests comply with the Rules and
`Regulations marked below and not engagein anyactivity while on Property or in Premises that is unlawful, would endangerthe health
`and safety of others or would otherwise create a nuisance. In the event Tenant or any of the above-namedparties are arrested or indicted
`for an unlawful activity occurring on Property and said charges are not dismissed within thirty (30) days thereafter, Tenant shall be
`deemed to be in default of this Lease and Lessor may, but shall not be obligated to, terminate this Lease upon notice to Tenant. For the
`purpose of this Lease, an unlawful activity shall be deemed to be anyactivity in violation of local, state or federal law, regardless of
`whethersuch activity results in later prosecution or conviction.
`
`12.
`
`
`Pets. No pets are allowed or shall be kept in the Premises or on the Property unless a separate pet exhibit is attached to and incorporated
`into this Lease (see A.13.). Harboring an unauthorized or undisclosed pet or animal shall constitute a material breach of this Lease,
`subjecting the Tenant to eviction upon Lessor’s furnishing of a notice and opportunity to cure in accordance with this Lease or Chapter
`83, Florida Statutes.
`
`13. Smoking. Premises shall be a smoke free zone and smoking shall not be permitted therein unless specifically authorized in a special
`stipulation below. Smoking in the premises shall cause the tenancy to be subject to immediate termination, upon notice in writing by
`Lessor, and shall constitute a material breach for which tenantshall not be given an opportunity to cure.
`
`14.
`
`15.
`
`Pest Control. Tenantwill be responsible for termite and rodent control, unless proven to be pre-existing. The party responsible for pest
`control (see A.15) all be responsible for addressing any problems with ants, cockroaches, spiders and other insects). Tenant shall be
`responsible for the immediate treatment of any bed bugs in the Premises by a licensed Florida pest control operator and the immediate
`removal of any mattresses, bedding, clothing and othersimilar items that may contain bed bugs or bed bug larvae.
`
`No Subletting. Tenant may not sublet Premises in whole or in part or assign this Lease without the prior written consent of Lessor which
`consent may be withheld for any reason or for no reason. This Lease shall create the relationship of Lessor and Tenant between the
`parties hereto. Tenantis specifically prohibited from offering all or part of the Premises for short-term rental such as through AirBnB,
`VRBO,or other such sites or programs, regardless of any local laws that may be or have been enacted. on-line postings as well as actual
`rentals of the Premises to vacation or short-term guests shall constitute a material breach of this Agreement. Any person who is not a
`Tenant, as defined herein, who occupies any portion of the Premises, for any period of time whatsoever, for any compensation or
`consideration whatsoever(including, without limitation, the payment of money and/ortrade and/or barter of other goods, services, or
`property occupancyrights) is NOT a guest, and such occupancyconstitutes unauthorized subletting or assignment which is a substantial
`and material breach of this Agreement, subjecting Tenant to immediate eviction and termination of Lease without providing Tenant with
`an opportunityto cure.
`
`16. Appliances. Only the applianceslisted in A. 17. (above) will be maintained or repaired by Lessor. Tenant acknowledges that Tenant has
`inspected these appliances and that the same are in good working order and repair.
`If any of these appliances are damaged,destroyed,
`or removedby the actions of Tenant, including misuse or negligence, Tenantwill be responsible for all costs of repair or replacement.
`Any appliances left at the Property notlisted in A. 17. are being left for the convenience of the tenant but these appliances will not be
`repaired or maintained byLessor.
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`110860079.2
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`17.
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`18.
`19.
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`20.
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`21.
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`22.
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`23.
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`24.
`
`25.
`
`Lead-Based Paint. For any Premises built prior to 1978, Tenant acknowledges that Tenant has received and read the Protect Your Family
`From Lead in Your Home,and signed the Lead-Based Paint Exhibit attached hereto and incorporated herein by reference. Any approved
`painting or other alterations by Tenant that disturb lead-based paint shall be performed in accordance with the EPA’s Renovate Right
`brochure (http://www.epa.gov/lead/pubs/renovaterightbrochure.com).
`
`(Liquidated Damages) Deleted.
`(Early Termination) Deleted.
`
`Holding Over Fee. Tenant shall have no right to remain in the Premises after the termination or expiration of this Lease. Should Tenant
`fail to vacate the Premises upon the expiration or termination of this Agreement, Tenant shall pay or beliable to Lessor for double the
`monthly rent for the period during which Tenantrefuses to surrender possession.
`
`NoEstate/Fee to Prepare Lease Amendmentfor Change of Tenant(s). This Lease shall create the relationship of Lessor and Tenant
`between the parties hereto. While Tenant may use and enjoy the Premises to the fullest extent permitted in this Lease, no estate or
`permanent legal interest in the Premises is being transferred or conveyed by Landlord to Tenant herein. Should Tenant request a
`modification to the lease, and should Landlord consent to modifying the Lease, Tenant agrees to pay Manager the Lease Amendment
`Fee per paragraph A.21. Tenant understands that the original movein inspection will still be used upon the termination of the modified
`lease to determine the amount of any damages,if applicable, to the Premises or Property.
`
`Renewal Term.Either party may terminate this Lease at least 60 days prior to the Lease End Date by giving the other party the Notice Not
`to Renew Lease Term. Should Tenant fail to provide the required notice and then vacate the Premises upon the expiration of the Lease
`Term, then Tenant shall owe Landlord one month’s additional rent. This Lease can be renewed or extended only by a newlease signed by
`both Landlord and Tenant. Otherwise, after the expiration of the Lease Term, with Landlord's consent, this Lease will automatically renew
`on a month-to-monthbasis, with all other terms and conditions of the Lease remaining in full effect, but then may be terminated at any
`time by Landlord or Tenant by giving a minimum ofthirty (30) days written notice of termination of the Lease prior to the end of any
`month. Each monthly rent payment due during any month-to-month term shall include an additional rent payment of $500.00,
`payable in monthly installments on the first day of each

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