Kim woods lease assignment

Lease Review Assignment

1. Read Chapter 4 in the book and then review the following lease.

2. Identify at least five sections that are a concern/problem for you as the prospective tenant. Each section starts with a word or phrase that has been CAPITALIZED and BOLDED. The only section that you may not refer to is the KEYS section, which we dicussed in class.

3. Prepare a persuasive essay in Word that explains in your own words why each of the

identified items is of concern to you. Expand on how you would change the items of concern to make the lease acceptable to you. A typical persuasive essay starts with an introductory paragraph containing your position/thesis, followed by supporting paragraphs in the body related to each of your points and ends with a conclusion that is consistent with your analysis. !

4. A few suggestions for doing well. A strong essay will take a position (accept the lease, reject the lease or accept with modifications) and provide supporting evidence, while telling a story about your search for an apartment and review of this document. A strong essay will properly use and cite third party sources to support your own views/concerns about at least five particular clauses/sections. A strong essay comes from allowing for sufficient time to outline, write and then review/edit your draft.

! 5. Before you start writing, please review the writing rubric on Livetext and create an

outline of your thoughts. Extra credit will be provided if you submit your outline, in addition to the Assignment.

! 6. The document is to be double spaced using Times New Roman 12 point type and be

prepared according to MLA Format. There is no specific requirement for length but past experience is that papers will be between 3 and 5 pages long. When you use any outside sources, beyond the attached lease and your personal opinion, they should be cited.

! 7. When done, please post to Live Text. !

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! REAL ESTATE LEASE !

This Lease Agreement (this "Lease") is dated October 03, 2012, by and between Lucifer Leasing Company ("Landlord"), and Joe College ("Tenant"). The parties agree as follows: ! PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant 3 Room 1 bedroom apartment with 1 1/2 baths (the "Premises") located at: ! 1234 Fifth Avenue Apt. 3A Boca Raton, FL 33481 ! No other portion of the building (hereinafter, the Building), wherein the Premises is located is included unless expressly provided for in this agreement. ! TERM. The lease term will begin on January 01, 20XX and will terminate on December 31, 20XX. See renewal terms paragraph below. ! MANAGEMENT. The Tenant is hereby notified that Joe Daworker is the property manager in charge of the Property. Should the tenant have any issues or concerns the Tenant may contact Joe Daworker at 561-786-9876 or by mailing a letter to 5678 Ninth Ave, Boca Raton, Florida 33431. ! LEASE PAYMENTS. Tenant shall pay to Landlord lease payments of $1,455.00, payable in advance on the first day of each month, for a total lease payment of $17,460.00. Lease payments shall be made to Landlord at: Lucifer Leasing Company 9876 Fifth Ave NW
 Boca Raton, Florida, 33431 which may be changed from time to time by Landlord. !

SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $1,455.00 to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. ! POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted. ! USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a full-time residential dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. ! No retail, commercial or professional use of the Premises is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant obtain liability insurance for the benefit of Landlord. ! The failure to abide by the provisions of this section shall constitute a material breach of this Agreement and is a just cause for eviction. ! OCCUPANTS. No more than 1 person(s) may reside on the Premises unless the prior written consent of the Landlord is obtained. !

Authorized Tenants/Occupants: Joe College !

This Lease and occupancy of the premises is binding, individually and severally, on each person(s) specifically named and who signs this Lease, regardless of the named person's occupancy of the Premises. ! Tenant may have guests on the Premises for not over 14 consecutive days or 28 days in a calendar year, and no more than two guests per bedroom at any one time. Persons staying more than 14consecutive days or more than 28 days in any calendar year shall NOT be considered original tenants of the Premises. Tenant must obtain the prior written approval of Landlord if

an invitee of Tenant will be present at the Premises for more than 14 consecutive days or 28 days in a calendar year. ! RENEWAL TERMS. This Lease shall automatically renew for an additional period of 12 months per renewal term, unless either party gives written notice of termination no later than 60 days prior to the end of the term or renewal term. The lease terms during any such renewal term shall be the same as those contained in this Lease except that the lease installment payments shall be $1,655.00 per month. ! PETS. No pets, dogs, cats, birds, fish or other animals shall be allowed on the Premises, even temporarily or with a visiting guest. As required by law, Service Animal(s) are the only exception to this rule. Strays shall not be kept or fed in or about the Premises. Strays can be dangerous and Owner must be notified immediately of any strays in or about the Premises. ! KEYS. Tenant will be given 2 key(s) to the Premises and 1 mailbox key(s). If all keys are not returned to Landlord following termination of the Lease, Tenant shall be charged $50.00 per missing key. Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Premises without Landlords approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changes lock immediately up installation. ! LOCKOUT. If Tenant becomes locked out of the Premises, Tenant will be charged $500.00 to regain entry. ! STORAGE. No additional storage space outside the Premises is provided or authorized by this Lease. ! PARKING. Tenant shall be entitled to use 1 parking space(s) for the parking of motor vehicle(s). The parking space(s) provided is identified as Space number 27. The monthly charge for the parking space(s) is included in the lease payment. Absolutely NO automotive cleaning, washing, maintenance or repair work of any kind and NO storage of any kind shall be permitted in or about the parking space(s). ! MAINTENANCE. Landlord shall have the responsibility to maintain the Premises in good repair at all times and perform all repairs necessary to satisfy any implied warranty of habitability except that Tenant will be

responsible for: In house plumbing and filters for air conditioner. Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or its Agent. A repair request will be deemed permission for the Landlord or its Agent to enter the Premises to perform such maintenance or repairs in accordance with ACCESS BY LANDLORD TO PREMISES herein unless otherwise specifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlords or Landlords Agents access or entry. Landlord shall have expectation that the Premises is in a safe and habitable condition upon entry. ! UTILITIES AND SERVICES. Tenant shall be responsible for all utilities and services incurred in connection with the Premises. ! TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as follows: !

REAL ESTATE TAXES. Landlord shall pay all real estate taxes and assessments for the Premises. ! PERSONAL TAXES. Landlord shall pay all personal taxes and any other charges which may be levied against the Premises which are attributable to Tenant's use of the Premises, along with all sales and/ or use taxes (if any) that may be due in connection with lease payments. !

PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. ! OTHER. Tennant will be charged $250 for each time other building occupants complain about behavior. ! NON-SUFFICIENT FUNDS. Tenant shall be charged $75.00 as reimbursement of the expenses incurred by Landlord for each check that is returned to Landlord for lack of sufficient funds. In addition, a check returned due to insufficient funds will be subject to any and all Late Payments provisions included in this lease. All charges will be immediately due from Tenant and failure to make immediate payment will constitute a default under the terms of this Lease.

! Landlord reserves the right to demand future payments by cashier's check, money order or certified funds on all future payments in the event of a check returned for insufficient funds. Nothing in this paragraph limits other remedies available to the Landlord as a payee of a dishonored check. Landlord and Tenant agree that three returned checks in any twelve month period constitutes frequent return of checks due to insufficient funds and may be considered a just cause for eviction. ! LATE PAYMENTS. For each payment that is not paid within 5 days after its due date, Tenant shall pay a late fee of $15.00 per day, beginning with the day after the due date. ! DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action shall be added to Tenant's financial obligations under this Lease. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. ! TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 45 days' written notice to Tenant that the Premises have been sold. ! TERMINATION CLAUSE. Tenant may, upon 90 days' written notice to Landlord, terminate this lease provided that the Tenant pays a termination charge equal to 3 months' rent or the maximum allowable by law, whichever is less. Termination will be effective as of the last day of the calendar month following the end of the 90 day notice period. Termination charge will be in addition to all rent due up to the termination day. ! MILITARY TERMINATION CLAUSE. In the event, the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Premises are located, or

is relieved from active duty, retires or separates from the military, or is ordered into military housing, then in any of these events, the Tenant may terminate this lease upon giving thirty (30) days written notice to the Landlord. The Tenant shall also provide to the Landlord a copy of the official orders or a letter signed by the tenant's commanding officer, reflecting the change, which warrants termination under this clause. The Tenant will pay prorated rent for any days (he/she) occupy the dwelling past the first day of the month. Any security deposit will be promptly returned to the tenant, provided there are no damages to the premises. ! DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use of the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than $5,000.00, Landlord shall repair the Premises and a just proportion of the lease payments shall abate during the period of the repair according to the extent to which the Premises have been rendered un-tenantable. However, if the damage is not repairable within sixty days, or if the cost of repair is $5,000.00 or more, or if Landlord is prevented from repairing the damage by forces beyond Landlord's control, or if the property is condemned, this Lease shall terminate upon twenty days' written notice of such event or condition by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded to it. Tenant shall give Landlord immediate notice of any damage to the Premises. ! HABITABILITY. Tenant has inspected the Premises and fixtures (or has had the Premises inspected on behalf of Tenant), and acknowledges that the Premises are in a reasonable and acceptable condition of habitability for their intended use, and the agreed lease payments are fair and reasonable. If the condition changes so that, in Tenant's opinion, the habitability and rental value of the Premises are adversely affected, Tenant shall promptly provide reasonable notice to Landlord. ! HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to the normal payment rate set forth in the Renewal Terms paragraph. !

CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. ! REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall be allowed to conduct construction or remodeling (at Tenant's expense) only with the prior written consent of the Landlord which shall not be unreasonably withheld. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) any such fixtures, and shall restore the Premises to substantially the same condition that existed at the commencement of this Lease. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. Landlord will provide reasonable notice of its intention to enter the Premises. If Tenant has, after written notice to cease, continued to deny Owner access to the unit, as required by State law, such failure is a substantial breach of this agreement and is a just cause for eviction. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last three months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants. ! INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or Agent from any and all liability for loss or damage to Tenants property or effects whether in the Premises, garage, storerooms or any other location in or about the Premises, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlords employees, heirs, successors, assignees and/or Agents.

. ACCOMMODATION. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or tenants responsibility to make Landlord aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Owner reserves the right to require appropriate medical verification of the disability. ! DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord. ! COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature. ! MECHANICS LIENS. Neither Tenant nor anyone claiming through the Tenant shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the premises free of all liens resulting from construction done by or for the Tenant. ! SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises.

! ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord, which shall not be unreasonably withheld. ! NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting. ! LANDLORD: Lucifer Leasing Company 9876 Fifth Ave NW
 Boca Raton, Florida, 33431 ! TENANT: Joe College 1234 Fifth Avenue Apt. 3A Boca Raton, FL 33481 ! Such addresses may be changed from time to time by either party by providing notice as set forth above. ! GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Florida ! ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. ! SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. !

WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. ! BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns. 1234 Fifth Avenue ! LANDLORD: ___________________ Dated: ___________________ ! Lucifer Leasing Company ! TENANT: ____________________ Dated: ___________________ ! Joe College !

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REAL ESTATE LEASE INSPECTION CHECKLIST !

Joe College tenant has inspected the Premises on _____________and states that the Premises are in satisfactory condition, free of defects, except as noted below: SATISFACTORY COMMENTS ! Bathrooms _______ ______________________________ ! Carpeting _______ ______________________________ ! Ceilings _______ ______________________________ ! Closets _______ ______________________________ ! Dishwasher _______ ______________________________ ! Disposal _______ ______________________________ ! Doors _______ ______________________________ ! Lights _______ ______________________________ ! Refrigerator _______ ______________________________ ! Screens _______ ______________________________ ! Stove _______ ______________________________ ! Walls _______ ______________________________ ! Windows _______ ______________________________ ! Window coverings _______ ______________________________ ! Acknowledged by Landlord:

____________________________________________________ Lucifer Leasing Company !

REAL ESTATE LEASE DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT

OR LEAD-BASED PAINT HAZARDS Lead Warning Statement Housing built before 1978 may contain lead- based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on poisoning prevention. ! Landlord's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below): (i) _____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain): _______________________________________________________ (ii) __X__ Landlord has no knowledge of lead-based paint and/or lead- based paint hazards in the housing. (b) Records and reports available to the landlord (Check (i) or (ii) below): (i) _____ Landlord has provided the Tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents): ______________________________________________ (ii)__X__ Landlord has no reports or records pertaining to lead-based paint and/or leadbased paint hazards in the housing. Tenant's Acknowledgment (initial) (c) _____ Tenant has received copies of all information listed above. (d) _____ Tenant has received the pamphlet Protect Your Family From Lead In Your Home. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. ! ____________________ ___________ _____________ Lucifer Leasing Company Dated !

________________________________ _____________ Joe College Dated