CONTRACT TO ENTER INTO A LEASE

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”)
RECEIPT:
______________________________________________________________________________
2.
DESCRIPTION OF PROPERTY: ________BR_______
Furnished
Unfurnished
Inventory Attached
Parking: spaces______________, vehicles prohibited (if any) _________________________________________________
Pets:
prohibited
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 $_____________________
Other________$________________
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.
4.
EXPENSES: To be paid by:
UTILITIES:
Electric
Gas/Fuel
Sewer
Water
Trash Collection
Telephone
5.
Landlord
Tenant
N/A
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: _______
________________
Landlord
Tenant
N/A
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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6.
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.
7.
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.
8.
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.
9.
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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