IN RE REVISIONS TO FORMS RULE 10-2.1(A), 50 So.3d 503 (Fla. 2010)

In re REVISIONS TO SIMPLIFIED FORMS PURSUANT TO RULE 10-2.1(A) OF the RULES REGULATING THE FLORIDA BAR.

No. SC09-250.Supreme Court of Florida.
April 15, 2010.

Original Proceeding — Rules Regulating The Florida Bar.

John F. Harkness, Jr., Executive Director, Jesse H. Diner, President, and Lori S. Holcomb, UPL Counsel, The Florida Bar, Tallahassee, FL; Sandra F. Diamond, Chair, Real Property, Probate and Trust Law Section, The Florida Bar, Seminole, FL; and Arthur J. Menor and Neil B. Shoter of Shutts and Bowen, LLP, West Palm Beach, FL, for Petitioner.

John A. Steinwand, CRB, President/Owner/Broker, Naples Realty Services, Inc., Naples, FL; and Teresa Smith, Crystal Shores Realty, Navarre, FL, Responding with Comments.

PER CURIAM.

Under Rule Regulating the Florida Bar 10-2.1(a), Unlicensed Practice of Law, non-lawyers may assist persons in filling out legal forms approved by the Florida Supreme Court. Since the implementation of this rule in 1987, The Florida Bar has developed, and the Court has approved, simplified forms for use by nonlawyers assisting third parties.[1] The Board of Governors of The Florida Bar has filed a petition recommending amendments to several residential lease forms and the deletion of two residential lease forms formerly approved by the Court for use by nonlawyers. The Board explains that the Real Property, Probate, and Trust Law Section of The Florida Bar proposed the amendments to the Board after seeking input from the Florida Association of Realtors and the Housing Group of Florida Legal Services, Inc. Some of the amendments reflect statutory changes. Official notice of the filing of the forms with the Court was published in The Florida Bar News
on January 1, 2009.

We hereby approve the amendments to the following forms as shown in the appendix to this opinion: (1) Residential Lease for Single Family Home and Duplex (for a term not to exceed one year); (2) Residential Lease for Apartment or Unit in Multi-Family Rental Housing (Other than a Duplex) Including a Mobile Home (for a term not to exceed one year); and (3) Residential Landlord-Tenant Forms. Added language is underlined and deleted language is struck through. We express no opinion as to whether the approved lease forms comport with current law.

In addition to the forms, The Florida Bar has prepared instructions to accompany some of the forms. While we authorize the publication of the instructions, we do not express an opinion on their legal correctness. Because local procedures may vary from circuit to circuit, the chief judge of each circuit is authorized to prepare supplemental directions for using forms. All such directions shall be filed with the clerks of the court in the circuits and with the clerk of this Court.

Finally, as recommended by the Board, we delete the following two forms: (1) Residential Lease for Unit in Condominium or Cooperative (for a term not to exceed one year) and (2) Residential Lease for Single Family Home and Duplex (for a term not to exceed one year) 1992 version.

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Accordingly, and upon consideration of the proposed revisions, we adopt same and approve the attached lease forms, effective upon the release of this opinion.

It is so ordered.

QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.

APPENDIX Residential Lease for Single Family Home and or Duplex (FOR A TERM NOT TO EXCEED ONE YEAR)
A BOX () OR A BLANK SPACE (___) INDICATES A PROVISION WHERE A CHOICE OR DECISION MUST BE MADE BY THE PARTIES.THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTSAND RESPONSIBILITIES OF THE PARTIES ARE GOVERNED BY CHAPTER 83,PART II, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDASTATUTES. UPON REQUEST, THE LANDLORD SHALLPROVIDE A COPY OF THE RESIDENTIAL LANDLORD AND TENANTACT TO THE TENANT(S) IS ATTACHED TO THISLEASE.

1. PARTIES. This is a lease (“the Lease”) between _______________ (name address of owner of the property) _______________ (“Landlord”) and _______________ (name(s) of person(s) to whom the property is leased) _______________ (“Tenant.”)

Landlord’s E-mail address: _____

Landlord’s Telephone Number: _____

Tenant’s E-mail address: _____

Tenant’s Telephone Number: _____

PROPERTY RENTED. Landlord leases to Tenant the land and buildings located at _______________ (street address), Florida _________ (zip code) together with the following furniture and appliances [List all furniture and appliances. If none, write “none.”] (In the Lease, the property leased, including furniture and appliances, if any, is called “the Premises”):

_______________

The Premises shall be occupied only by the Tenant and the following persons:

_______________

3. TERM. This is a lease for a term, not to exceed twelve months, beginning on _______ (month, day, year) and ending _______ (month, day, year) (the “Lease Term”).

4. RENT PAYMENTS, TAXES AND CHARGES.

Tenant shall pay total rent in the amount of $_____ (excluding taxes) for the Lease Term. The rent shall be payable by Tenant in advance in installments or in full as provided in theoptions below:

in installments. If in installments, rent shall be payable

monthly, on the _____ day of each month. (Ifif left blank, on the first day of each month.) in the amount of $ per installment.

OR
weekly, on the _____ day of each week. (If left blank, on Monday of each week.) in the amount of $ perinstallment.

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per installment in full on _____ (date) in the amount of $_____

Tenant shall also be obligated to pay taxes on the rent when applicable in the amount of $_______________ with each rent installment with the rent for the full term of the Lease. Landlord will notify Tenant if the amount of the tax changes.

Payment Summary
If rent is paid in installments, the total paymentper installment including taxes shall be in the amount of$_____

If rent is paid in full, the total payment includingtaxes shall be in the amount of $_____

All rent payments shall be payable to _______________ (name) at _______________ (address). (If left blank, to Landlord at Landlord’s address).

If the tenancy starts on a day other than the first day of the month or week as designated above, the rent shall be prorated from _____ (date) through (date) in the amount of $_____ and shall be due on _____ (date) (If rent paid monthly, prorate on a 30 day month.)

Tenant shall make rent payments required under the Lease by (choose all applicable) cash, personal check, money or, cashier’s check, or other _______________ (specify). If payment is accepted by any means other than cash, payment is not considered made until the other instrument is collected.

If Tenant makes a rent payment with a worthless check, Landlord can require Tenant to pay all future payments by money order, cashier’s check or official bank check or cash or other (specify), and to pay bad check fees in the amount of $_____ (not to exceed the amount prescribed bySection 68.065, Florida Statutes section68.065).

5. MONEY DUE PRIOR TO OCCUPANCY. Tenant shall pay the sum of $_____ $_____ in accordance with thisParagraphparagraph prior to occupying the Premises. Tenant shall not be entitled to move in or to keys to the Premises until all money due prior to occupancy has been paid. If no date is specified below, then funds shall be due prior to tenantTenant occupancy. Any funds designated in this paragraph due after occupancy, shall be paid accordingly. Any funds due under this paragraph shall be payable to Landlord at Landlord’s address or to _______________ (name) at _______________ (address)

Exhibit

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6. LATE FEES. (Complete if applicable) In addition to rent, Tenant shall pay a late charge in the amount of $_____(If left blank, 4% of the rent payment) for each rent payment made _____ days after the day it is due (if left blank, 5 days if rent is paid monthly, 1 day if rent is paid weekly).

7. PETS AND SMOKING. TenantUnless this box may is checkedor a pet deposit is paid, Tenant may not keep pets or animals on the Premises. If Tenant may keep pets, the pets described in this Paragraphparagraph are permitted on the Premises.

_______________

(Specify number of pets, type(s), breed, maximum adultweight of pets.)

_______________

(Specify number of pots, typo(s), brood, maximum adult weight of pets,)

Unless this box is checked, no smoking is permittedin the Premises.

8. NOTICES.

_______________ is Landlord’s Agent. All notices must be sent to

Landlord _______________ at _______________

Landlord’s Agent _______________ at _______________ unless Landlord gives Tenant written notice of a change. All notices of such names and addresses or changes thereto shall be delivered to the Tenant’s residence or, if specified in writing by the Tenant, to any other address. All notices to the Landlord or the Landlord’s Agent (whichever is specified above) shall be given by U.S. mail or by hand delivery.

Any notice to Tenant shall be given by U.S. mail or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a notice to Tenant may be given by leaving a copy of the notice at Premises.

9. UTILITIES. Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating existing utility connections to the Premises except for _______________, that Landlord agrees to provide at Landlord’s expense (If blank, then”NONE”).

10. MAINTENANCE.

Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for maintenance and repair of the Premises, unless other-wise stated below. (Fill in each blank space with “Landlord” for Landlord or “Tenant” for Tenant, if left blank, Landlord will be responsible for the item):

Exhibit

Tenant shall notify _______________ (name) at _______________(address) (if left blank, Landlord at Landlord’s
address) and _______________ (telephone

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number) of maintenance and repair requests.

11. ASSIGNMENT. Unless this box ischecked, Tenant may may not assign theleaseLease or sublease all or any part of the Premises without first obtaining the Landlord’s written approval and consent to the assignment or sublease.

12. KEYS AND LOCKS. Landlord shall furnish Tenant

_____ # of sets of keys to the dwelling

_____ # of mail box keys

_____ # of garage door openers

If there is a homeowner’s association, Tenant will be provided with the following to access the association’s common areas/facilities:

_____ # of keys to _______________

_____ # of remote controls to _____

_____ # of electronic cards to _____

_____ other (specify) to _____

At end of Lease Term, all items specified in thisParagraphparagraph shall be returned to (name) at (address) (If left blank, Landlord at Landlord’s address).

13. LEAD-BASED PAINT. U Check and complete if the dwelling was built before January 1, 1978.Lead Warning Statement (when used in thisarticle, the term Lessor refers to Landlord and the term Lesseerefers to Tenant)

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, lessors Lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Lessor’s Disclosure (initial)

_____ Presence of lead-based paint or lead-based paint hazards (check (i) or (ii) below):

_____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
_______________
_______________
(ii) _____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing

_____ Records and reports available to thelessorLessor (check (i) or (ii) below):

_____ Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).
_______________
_______________
_____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Lessee’s Acknowledgment (initial)

_____ Lessee has received copies of all information listed above.
_____ Lessee has received the pamphlet Protect Your Family From Lead in Your Home.

Agent’s Acknowledgment (initial)

_____ Agent has informed the lessorLessor of the lessorLessor’s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best

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of their knowledge, that the information provided by the signatory is true and accurate.

_______________

Lessor’s signature Date

_______________

Lessee’s signature Date

_______________

Agent’s signature Date

_______________

Lessor’s signature Date

_______________

Lessee’s signature Date

_______________

Agent’s signature Date

14. MILITARY/U.S. CIVIL SERVICE. Cheek ifapplicable. SERVICEMEMBER. If Tenant is a memberof the United States Armed Forces on active duty or stateactive duty or a member of the Florida National Guard or UnitedStates Reserve Forces, the Tenant has rights to terminate theLease as provided in Section 83.682, Florida Statutes, theprovisions of which can be found in the attachment to thisLease

In the event Tenant, who is in the Military/U’S. CivilService, should receive government orders for permanent changeof duty station requiring Tenant to relocate away from thePremises, then Tenant may terminate the Lease without furtherliability by giving Landlord 30 days advance written notice anda copy of the transfer order.

15. LANDLORD’S ACCESS TO THE PREMISES. Asprovided in Chapter 83, Part II, Residential Landlord andTenant Act, Florida Statutes, Landlord or Landlord’s Agent may enter the Premises in the following circumstances:

At any time for the protection or preservation of the Premises.

After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises.

To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors under any of the following circumstances:

with Tenant’s consent;
in case of emergency;
when Tenant unreasonably withholds consent; or

if Tenant is absent from the Premises for a period of at least one-half a Rental Installmentrentalinstallment period. (If the rent is current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant’s consent or for the protection or preservation of the Premises.)

16. HOMEOWNER’S ASSOCIATION. If Tenant must beapproved by a home owner’s association (“association”),Landlord and Tenant agree that the Lease is contingent uponreceivingIF TENANT MUST BE APPROVED BY A HOMEOWNER’SASSOCIATION (“ASSOCIATION”), LANDLORD AND TENANT AGREE THAT THELEASE IS CONTINGENT UPON RECEIVING APPROVAL FROM THEASSOCIATION. ANY APPLICATION FEE REQUIRED BY AN ASSOCIATIONSHALL BE PAID BY LANDLORD TENANT. IF SUCH APPROVALIS NOT OBTAINED PRIOR TO COMMENCEMENT OF LEASE TERM, EITHERPARTY MAY TERMINATE THE LEASE BY WRITTEN NOTICE TO THE OTHERGIVEN AT ANY TIME PRIOR TO APPROVAL BY THE ASSOCIATION,

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AND IF THE LEASE IS TERMINATED, TENANT SHALL RECEIVERETURN OF DEPOSITS SPECIFIED IN ARTICLE 5, IF MADE.If the Lease is not terminated, rent shall abate untilthe approval is obtained from the association.Any application foe required by an association shall bepaid by Landlord-Tenant and is refundable-nonrefundable. Ifsuch approval is not obtained prior to commencement of LeaseTerm, Tenant shall receive return of deposits specified inParagraph 5, if made, and the obligations of the parties underthe Lease shall terminate. Tenant agrees to use due diligence in applying for association approval, and
to comply with the requirements for obtaining approval andagrees to pay any fee required by the association for procuringapproval. Landlord Tenant shall pay the security deposit required by the association, if applicable.

17. USE OF THE PREMISES. Tenant shall use the Premises for residential purposes. Tenant shall have exclusive use and right of possession to the dwelling. The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and all covenants and restrictions affecting the Premises and all rules and regulations of homeowners’ associations affecting the Premises. Tenant may not paint or make any alterations or improvements to the Premises without first obtaining the Landlord’s written consent to the alteration or improvement. However, unless this box D ischecked, Tenant may hang pictures and install window treatmentsin the Premises without Landlord’s consent, provided Tenantremoves all such items before the end of the Lease Term andrepairs all damage resulting from the removal. Any improvements or alterations to the Premises made by the Tenant shall become Landlord’s property. Tenant agrees not to use, keep, or store on the Premises any dangerous, explosive, toxic material which would increase the probability of fire or which would increase the cost of insuring the Premises.

18. RISK OF LOSS/INSURANCE.

Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct.

Tenant should carry insurance covering Tenant’s personal property and Tenant’s liability insurance.

19. PROHIBITED ACTS BY LANDLORD. Landlord isprohibited from taking certain actions as described inSection 83.67, Florida Statutes, the provisions of which can be foundin the attachment to this Lease.

20. CASUALTY DAMAGE. If the Premises aredamaged or destroyed other than by wrongful or negligent actsof Tenant or persons on the Premises with Tenant’s consent, sothat the use of the Premises is substantially impaired, Tenantmay terminate the Lease within 30 days after the damage ordestruction and Tenant will immediately vacate the Premises. IfTenant vacates, Tenant is not liable for rent that would havebeen due after the date of termination. Tenant may vacate thepart of the Premises rendered unusable by the damage ordestruction, in which case Tenant’s liability for rent shall bereduced by the fair rental value of the part of the Premisesthat was damaged or destroyed.

2.19 DEFAULTS/REMEDIES. Should a party to the Lease fail to fulfill their responsibilities under the Lease or need to determine whether there has been a default of the Lease, refer to Part II, Chapter 83, entitled Florida Residential Landlord and Tenant Act which contains information on same,defaults and/or remediesavailable. A copy of the current version of thisAct is attached to the partiesLease.

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22.20. SUBORDINATION. The Lease is automatically subordinate to the lien of any mortgage encumbering the fee title to the Premises from time to time.

23.21. LIENS. Tenant shallnot have the right or authority to encumber the Premises or topermit any person to claim or assort any lien for theimprovement or repair of the Premises made by Tenant.THE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TOLIENS FOR IMPROVEMENTS MADE BY THE TENANT AS PROVIDED INSECTION 713.10, FLORIDA STATUTES. Tenant shall notify all parties performing work on the Premises at Tenant’s request that the Lease does not allow any liens to attach to Landlord’s interest.

24.22. RENEWAL/EXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and Tenant, but the term of a renewal or extension together with the original Lease Term may not exceed one year. A new lease is required for each year.

23. TENANT’S PERSONAL PROPER TY BY SIGNING THIS RENTALAGREEMENT, TENANT AGREES THAT UPON SURRENDER OR ABAN DONMENT,AS DEFINED BY THE FLORIDA STATUTES, LANDLORD SHALL NOT BELIABLE OR RESPON SIBLE FOR STORAGE OR DISPOSITION OF TENANT’SPERSONAL PROPERTY.

25.24. TENANT’S TELEPHONENUMBER. Tenant shall, within 5 business days of obtaining telephone services at the Premises, send written notice to Landlord of Tenant’s telephone numbers at the Premises.

26.25.ATTORNEY’SATTORNEYS’ FEES. In any lawsuit brought to enforce the Lease or under applicable law, the partywho wins in whose favor a judgment or decree hasbeen rendered may recover its reasonable court costs and attorney’s, including attorneys’
fees, from the non-prevailing partywho loses.

27.26. MISCELLANEOUS.

Time is of the essence of the performance of each party’sobligations under the Lease.

The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted assigns of Landlord and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever used, the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders.

The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or terminated orally.

No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord.

All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida.

A facsimile copy of the Lease and any signatures hereon shall be considered for all purposes originals.

As required by law, Landlord makes the following disclosure: “RADON GAS.” Radon is a naturally occurring radioactive gas that, when it has accumulated in 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 county health department.

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28.27. BROKERS’COMMISSION.IJ Check and complete if applicable. The brokerage companies named below will be paid the commission set forth in this Paragraphparagraph by0 Landlord 0 Tenant for procuring a tenant for this transaction.

_______________

Real Estate Licensee

_______________

Real Estate Brokerage Company

_______________

Commission

_______________

Real Estate Licensee

_______________

Real Estate Brokerage Company

_______________

Commission

29. TENANT’S PERSONAL PROPERTY. TENANT MUSTINITIAL IN THIS BOX FOR THE FOLLOWING PROVISION TO APPLY.BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPONSURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THEDWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, ASPROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALLNOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THETENANT’S PERSONAL PROPERTY.
The Lease has been executed by the parties on the datesindicated below.

28. EXECUTION. Executed by Land lord

_______________

Landlord’s Signature

_______________

Date

_______________

Landlord’s Signature

_______________

Date

_______________

Landlord’s Signature

_______________

Date

_______________

Tenant’s Signature

_______________

Date

_______________

Tenant’s Signature

Date

This form was completed with the assistance of:

Name of Individual: _______________

Name of Business: _______________

Address: _______________

Telephone Number: _______________

Copy of Current Version of Florida Residential Landlordand Tenant Act, Part II, Chapter 83, Florida Statutes to BeAttached

EARLY TERMINATION FEE/LIQUIDATED DAMAGES ADDENDUM[. . . .] I agree, as provided in the rental agreement, topay $_____ (an amount that does not exceed 2 months’ rent) asliquidated damages or an early termination fee if I elect toterminate the rental agreement and the landlord waives theright to seek additional rent beyond the month in which thelandlord retakes possession.

[. . . .] I do not agree to liquidated damages or an earlytermination fee, and I acknowledge that the landlord may seekdamages as provided by law.

_______________

Landlord’s Signature Date

_______________

Date

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_______________

Landlord’s Signature

_______________

Date

_______________

Landlord’s Signature

_______________

Date

_______________

Tenant’s Signature

Date

RESIDENTIAL LEASE FOR APARTMENT OR UNIT IN MULTI-FAMILYRENTAL HOUSING (OTHER THAN A DUPLEX) INCLUDING A MOBILEHOME, CONDOMINIUM, OR COOPERATIVE (FOR A TERM NOT TOEXCEED ONE YEAR)

(Not To Be Used For Commercial, Agricultural, or Other Residential Property)
WARNING: IT IS VERY IMPORTANT TO READ ALL OF THE LEASE CAREFULLY. THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS.

AN ASTERISK (*) OR A BLANK SPACE (_____) INDICATES A PROVISION WHERE A CHOICE OR A DECISION MUST BE MADE BY THE PARTIES.

NO CHANGES OR ADDITIONS TO THIS FORM MAY BE MADE UNLESS A LAWYER IS CONSULTED.

I. TERM AND PARTIES. This is a lease (” the” Lease”) for a period of _____ [number] months (the “Lease Term”), beginning _______________ [month, day, year], and ending _______________ [month, day, year], between _______________ [name of owner of the property] and [name(s) of person(s) to whom the property is leased] (In the Lease, the owner, whether one or more, of the property is called “Landlord.” All persons to whom the property is leased are called “Tenant.”)

Landlord’s E-mail address: _____

Landlord’s Telephone Number: _____

Tenant’s E-mail address: _____

Tenant’s Telephone Number: _____

II. PROPERTY RENTED. Landlord leases to Tenantthe apartment or unit no. _____ in the building located at _______________ [street address] known as [name of apartment or condominium], _____ [city], Florida _____ [zip code] together with the following furniture and appliances:

_______________

[List all furniture and appliances. If none, write “none.”] (In the Lease the property leased, including furniture and appliances, if any, is called “the Premises.”)

III. COMMON AREAS. Landlord grants to Tenant permission to use, during the Lease Term, along with others, the common areas of the building and the development of which the Premises are a part.

IV. RENT PAYMENTS AND CHARGES. Tenant shall pay rent for the Premises in installments of $_____ each on the _____ day of each _______________ [month,

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week] (Aa “Rental Installment Period,” as used in the Lease, shall be a month if rent is paid monthly, and a week if rent is paid weekly.) Tenant shall pay with each rent payment all taxes imposed on the rent by taxing authorities. The amount of taxes payable on the beginning date of the Lease is $_____ for each installment. The amount of each installment of rent plus taxes (“the Lease Payment”), as of the date the Lease begins, is $_____ Landlord will notify Tenant if the amount of the tax changes. Tenant shall pay the rent and all other charges required to be paid under the Lease by cash, valid check, or money order. Landlord may appoint an agent to collect the Lease Payment and to perform Landlord’s obligations.

*TheUnless this box is checked, the
Lease Payments must be paid in advance/in arrears(circle one) beginning _____ [date].

If the tenancy starts on a day other than the first day ofthe month or week as designated above, the rent shall beprorated from _____ (date) through _____ (date) in the amountof $_______________ and shall be due on _______________ (date)(If rent paid monthly, prorate on a 30 day month.)

V. DEPOSITS, ADVANCE RENT, AND LATE CHARGES. In addition to the Lease Payments described above, Tenant shall pay the following: (check only those items that apply)

_____ a security deposit of $ to be paid upon signing the Lease.
_____ advance rent in the amount of $_____ for the Rental Installment Periods of to be paid upon signing the Lease.
_____ a pet deposit in the amount of $_____ to be paid upon signing the Lease.
_____ a late charge in the amount of $_____ for each Lease Payment made more than _____ days after the date it is due.
a bad check fee in the amount of $_____ (not to exceed $20.00, or 5% of the Lease Payment, whichever is greater) if Tenant makes any Lease Payment with a bad check. If Tenant makes any Lease Payment with a bad check, Landlord can require Tenant to pay all future Lease Payments in cash or by money order.
Other:

_______________

Other:

_______________

VI. SECURITY DEPOSITS AND ADVANCE RENT. If Tenant has paid a security deposit or advance rent the following provisions apply:

Landlord shall hold the money in a separate interest-bearing or non-interest-bearing account in a Florida banking institution for the benefit of Tenant. If Landlord deposits the money in an interest-bearing account, Landlord must pay Tenant interest of at least 75% of the annualized average interest paid by the bank or 5% per year simple interest, whichever Landlord chooses. Landlord cannot mix such money with any other funds of Landlord or pledge, mortgage, or make any other use of such money until the money is actually due to Landlord; or

Landlord must post a surety bond in the manner allowed by law. If Landlord posts the bond, Landlord shall pay Tenant 5% interest per year.

At the end of the Lease, Landlord will pay Tenant, or credit against rent, the interest due to Tenant. No interest will be due Tenant if Tenant wrongfully terminates the Lease before the end of the Lease Term.

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If Landlord rents 5 or more dwelling units, then within 30 days of Tenant’s payment of the advance rent or any security deposit, Landlord must notify Tenant in writing of the manner in which Landlord is holding such money, the interest rate, if any, that Tenant will receive, and when such payments will be made.

VII. NOTICES.

_______________ [name] is Landlord’s Agent. All notices to Landlord and all Lease Payments must be sent to Landlord’s Agent at _______________ [address], unless Landlord gives Tenant written notice of a change. Landlord’s Agent may perform inspections on behalf of Landlord, subject to Article XIIbelow. All notices to Landlord shall be given by certified mail, return receipt requested, or by hand delivery to Landlord or Landlord’s Agent.

Any notice to Tenant shall be given by certified mail, return receipt requested, or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a notice to Tenant may be given by leaving a copy of the notice at the Premises.

VIII. USE OF PREMISES. Tenant shall use the Premises only for residential purposes. Tenant also shall obey, and require anyone on the Premises to obey, all laws and any restrictions that apply to the Premises. Landlord will give Tenant notice of any restrictions that apply to the Premises.

If the Premises are located in a condominium orcooperative development, the Lease and Tenant’s rights underit, including as to the common areas, are subject to all termsof the governing documents for the project, including, withoutlimitation, any Declaration of Condominium or proprietarylease, and any restrictions, rules, and regulations nowexisting or hereafter adopted, amended, or repealed.
Unless this box is checked, Landlordmaymay not (circle one) adopt, modify, or repeal rules and regulations for the use of common areas and conduct on the Premises during the Lease Term.If adoption, modification, or repeal of additionalAll rules and regulations is not permitted,they must be reasonable and in the best interest of the development in which the Premises are located.

Occasional overnight guests are/are not (circle one)
permitted. An occasional overnight guest is one who does not stay more than _____ nights in any calendar month (If leftblank, 7). Landlord’s written approval is/is not(circle one) required to allow anyone else to occupy the Premises.

Unless this box is checked or a pet deposit has beenpaid, Tenant may/may not (circle one)
keep or allow pets or animals on the Premises without Landlord’s approval of the pet or animal in writing.

Unless this box is checked, no smoking is permittedin the Premises.

Tenant shall not keep any dangerous or flammable items that might increase the danger of fire or damage on the Premises without Landlord’s consent.

Tenant shall not create any environmental hazards on or about the Premises.

Tenant shall not destroy, deface, damage, impair, or remove any part of the Premises belonging to Landlord, nor permit any person to do so.

Tenant may/may not (circle one) make any alterations or improvements to the Premises without first obtaining Landlord’s written consent to the alteration or improvement. However, unless this box n is checked, Tenantmay hang pictures and install window treatments in the Premiseswithout Landlord’s consent, provided Tenant removes all suchitems

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before the end of the Lease Term and repairs alldamage resulting from the removal.

Tenant must act, and require all other persons on the Premises to act, in a manner that does not unreasonably disturb any neighbors or constitute a breach of the peace.

IX. MAINTENANCE. Landlord and Tenant agree that the maintenance of the Premises must be performed by the person indicated below:

Landlord’s Required Maintenance. Landlord will comply with applicable building, housing, and health codes relating to the Premises. If there are no applicable building, housing, or health codes, Landlord shall maintain and repair the roofs, porches, windows, exterior walls, screens, foundations, floors, structural components, and steps, and keep the plumbing in reasonable working order. If the Premises are located in acondominium, Landlord and Tenant acknowledge that themaintenance of the structural elements and common areas isperformed by the condominium association as part of the commonarea maintenance. Landlord shall assure that the associationcomplies with applicable building, housing, and health codesrelating to the Premises. If there are no applicable building,housing, or health codes, Landlord shall assure that theassociation maintains and repairs roofs, porches, windows,exterior walls, screens, foundations, floors, structuralcomponents, and steps, and keeps the plumbing in reasonableworking order. Landlord will be responsible for the maintenanceof any items listed above for which the association is notresponsible.

Elective Maintenance. Fill in each blank space in this section with Landlord or Tenant to show who will take care of the item noted. If a space is left blank, Landlord will be required to take care of that item (or assure that the associationtakes care of the items if the Premises are located in acondominium).

_____ Smoke detectors

_____ Extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs

_____ Locks and keys

_____ Clean and safe condition of outside areas

_____ Garbage removal and outside garbage receptacles

_____ Running water

_____ Hot Water

_____ Lawn

_____ Heat

_____ Air conditioning

_____ Furniture

_____ Appliances

_____ Fixtures

_____ Pool (including filters, machinery, and equipment)

_____ Heating and air conditioning filters

_____ Other: _______________

Tenant’s responsibility, if any, indicated above, shall/shall not (circle one) include major maintenance or major replacement of equipment.

Landlord shall be responsible for major maintenance or major replacement of equipment, except for equipment for which Tenant has accepted responsibility for major maintenance or major replacement in the previous paragraph.

Major maintenance or major replacement means a repair or replacement that costs more than $_______________

Tenant shall be required to vacate the Premises on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph. When vacation of the

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Premises is required for extermination, Landlord shall not be liable for damages but shall abate the rent.

Nothing in this section makes Landlord responsible for any condition created or caused by the negligent or wrongful act or omission of Tenant, any member of Tenant’s family, or any other person on the Premises with Tenant’s consent.

Tenant’s Required Maintenance. At all times during the Lease Term, Tenant shall:

comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes;

keep the Premises clean and sanitary;

remove all garbage from the dwelling unit in a clean and sanitary manner;

keep all plumbing fixtures in the dwelling unit clean, sanitary, and in repair; and

use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators.

X. UTILITIES. Tenant shall pay all charges for hook-up, connection, and deposit for providing all utilities and utility services to the Premises during this leasethe Lease Term except _______________, which Landlord agrees to provide at Landlord’s expense. (Specify any utilities to be provided and paid for by Landlord such as water, sewer, oil, gas, electricity, telephone, garbage removal, etc.).

XI. SERVICEMEMBER.
If Tenant is a member of the United States Armed Forces onactive duty or state active duty or a member of the FloridaNational Guard or United States Reserve Forces, the Tenant hasrights to terminate the Lease as provided in Section 83.682,Florida Statutes, the provisions of which can be found in theattachment to this Lease.

XII.XI. LANDLORD’S ACCESS TOPREMISES. Landlord or Landlord’s Agent may enter the Premises in the following circumstances:

At any time for the protection or preservation of the Premises.

After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises.

with Tenant’s consent;

in case of emergency;

when Tenant unreasonably withholds consent; or

if Tenant is absent from the Premises for a period of at least one-half a Rental Installment Period. (If the rent is current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant’s consent or for the protection or preservation of the Premises.)

XIIIXII. PROHIBITED ACTS BYLANDLORD. Landlord is prohibited from taking certainactions as described in Section 83.67, Florida Statutes, theprovisions of which can be found in the attachment to thisLease.
A. Landlord cannot cause, directly or indirectly, thetermination or unreasonable interruption of any utility servicefurnished to Tenant, including, but not limited to, water,heat, light, electricity, gas, elevator, garbage collection,or refrigeration (whether or not the utility service isunder

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the control of, or payments made by, Landlord).
B. Landlord cannot prevent Tenant’s access to the Premisesby any moans, in eluding, but not limited to, changing thelocks or using any bootlock or similar do vice.
C. Landlord cannot remove the outside doors, locks, roof,walls, or windows of the Premises except for purposes of maintenance,repair, or replacement. Landlord cannot remove Tenant’spersonal property from the Premises unless the action is takenafter surrender, abandonment, or a lawful eviction. If providedin a written agreement separate from the Lease, upon surrenderor abandonment by Tenant, Landlord shall not be liable orresponsible for storage or disposition of Tenant’s personalproperty. (For the purposes of this section, abandonment meansTenant is absent from the Premises for at least one half aRental installment Period without paying rent or givingLandlord reasonable notice of Tenant’s absence.)

XIV.XIII. CASUALTY DAMAGE. If the Premises are damaged or destroyed other than by wrongful or negligent acts of Tenant or persons on the Premises with Tenant’s consent, so that the use of the Premises is substantially impaired, Tenant may terminate the Lease within 30 days after the damage or destruction and Tenant will immediately vacate the premisesPremises. If Tenant vacates, Tenant is not liable for rent that would have been due after the date of termination. Tenant may vacate the part of the Premises rendered unusable by the damage or destruction, in which case Tenant’s liability for rent shall be reduced by the fair rental value of the part of the Premises that was damaged or destroyed.

XIV. DEFAULT
A. Landlord’s Default. Except as not ed below, Landlordwill be in default if Landlord fails to comply with Landlord’srequired maintenance obligations under Section IX(A) or failsto comply with other material provisions of the Lease and suchfailure continues for more than 7 days after Tenant delivers awritten notice to Landlord that tolls Landlord how Land lordhas violated the Lease.
If Landlord’s failure to comply is due to causes beyondthe Landlord’s control and if Landlord has made, and continuesto make, every reasonable effort to correct the problem, theLease may be altered by the parties, as follows;
1. If Landlord’s failure to comply makes the Premisesuninhabitable and Tenant vacates, Tenant shall not be liablefor rent during the period the Premises remainsuninhabitable.
2. If Landlord’s failure to comply does not make thePremises uninhabitable and Tenant continues to occupy the Premises,the rent for the period of noncompliance will be reducedby an amount in proportion to the loss of rental value causedby the noncompliance.
B. Tenant’s Default. Tenant will be in default if any ofthe following occur;
1. Tenant fails to pay rent when due and the defaultcontinues for 3 days, ox eluding Saturday, Sunday, and legalholidays, after delivery of written demand by Landlord forpayment of the rent or possession of the Premises.
2. Tenant fails to perform its obligations under theLease, and the failure is such that Tenant should not be givenan opportunity to correct it or the failure occurs within 12months of a written warning by Landlord of a similar failure.Examples of such failures which do not require an opportunityto correct include, but are not limited to, destruction,damage, or misuse of Landlord’s or other Tenant’s

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property by an intentional act or a subsequent orcontinued unreasonable disturbance.
3. Except as provided above. Tenant fails to perform anyother obligation under the Lease and the default continues formore than 7 days after delivery of written notice to Tenantfrom Landlord specifying the default.
C. Waiver of Default. If Landlord accepts rent knowing ofTenant’s default or accepts performance by Tenant of anyprovision of the Lease different from the performance requiredby the Lease, or if Tenant pays rent knowing of Landlord’sdefault or accepts performance by Land lord of any provision ofthe Lease different from the performance required by theLease, the party accepting the rent or performance or makingthe payment shall not have the right to terminate the Lease orto bring a lawsuit for that default, but may enforce any laterdefault.

XV. REMEDIES AND DEFENSES.DEFAULTS/REMEDIES. Should a party tothe Lease fail to fulfill their responsibilities under theLease or need to determine whether there has been a default ofthe Lease, refer to Part II, Chapter 83, entitled FloridaResidential Landlord and Tenant Act which contains informationon defaults and remedies. A copy of the current version of thisAct is attached to the Lease.
A. Tenant’s Remedies.
1. If Landlord has defaulted under the Lease and if Tenanthas given Land lord a written notice describing the default andTenant’s intention to withhold rent if the default is notcorrected within 7 days, Tenant may withhold an amount of rentequal to the loss in rental value caused by the default. IfTenant’s notice advises Landlord that Tenant intends toterminate the lease if the default is not cured within 7 daysand the default is not cured within the 7 days, Tenant mayterminate the Lease.
2. If Tenant has given the notice referred to insubparagraph (1) above, and if Landlord has not corrected thedefault within 7 days, Tenant may, in
3. addition to withholding the applicable amount of rent,file a lawsuit in county court to require Landlord to correctthe default and for damages.
4. If Landlord’s default makes the Premises uninhabitable,and if Tenant has given Landlord a notice describing the default and informing Landlord
5. that Tenant intends to terminate the Lease, then ifLandlord does not euro the default within the 7 day period.Tenant may terminate the Lease at
6. the end of the 7 days.
7. If Landlord violates the provisions of section XII,Landlord shall be liable to Tenant for actual and consequentialdamages or 3 months’ rent, whichever is greater, for eachviolation.
B. Landlord’s Remedies.
1. If Tenant remains on the Premises after expiration ortermination of the Lease without Landlord’s permission,Landlord may recover possession of the Premises in the mannerprovided for by law. Landlord also may recover double rent forthe period during which Tenant refuses to vacate thePremises.
2. If Tenant defaults under the Lease by failing to payrent, as sot forth in section XIV(B)(1), Landlord may terminateTenant’s rights under the Lease and Tenant shall vacate thePremises immediately. If Tenant defaults under the Lease forany other reason, as sot forth in sections XIV(B)(2) or (3)above, Landlord may terminate Tenant’s rights under the Leaseand Tenant shall vacate the Premises

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within 7 days of delivery of the notice oftermination.
3. If Tenant fails to cure a default within the timespecified in the notice to Tenant, Landlord may recoverpossession of the Premises as provided by law.
4. Landlord shall not recover possession of the Premisesexcept:
a. in a lawsuit for possession;
b. when Tenant has surrendered possession of the Premisesto Landlord; or
c. when Tenant has abandoned the Premises. Absent actualknowledge of abandonment, the Premises shall be consideredabandoned if Tenant is absent from them for at least one half aRental Installment Period, the rent is not current, and Tenanthas not notified Landlord, in writing, of an intendedabsence.
5. If Tenant has defaulted under the Lease and Landlordhas obtained a writ of possession, if Tenant has surrenderedpossession of the Premises to Landlord, or if Tenant hasabandoned the Premises, Landlord may;
a. treat the Lease as terminated, retake possession forLandlord’s own ac count, and any further liability of Tenantwill be ended,
b. retake possession of the Premises for Tenant’s account.Tenant will remain liable for the difference between rentagreed to be paid under the Lease and rent Landlord is able torecover in good faith from a new tenant; or
c. do nothing, and Tenant will be liable for the rent asit comes due.
6. If Landlord retakes possession of the Premises forTenant’s account, Landlord must make a good faith effort to rolease the Premises. Any rent received by Landlord as a resultof the new lease shall be deducted from the rent due fromTenant For purposes of this section, “good faith” in trying torelease the Premises means that Landlord shall use at leastthe same efforts to release the Premises as wore used in theinitial rental or at least the same efforts as Landlord uses inat tempting to lease other similar property. It does notrequire Landlord to give a preference in leasing the Premisesover other vacant properties that Landlord owns or has theresponsibility to rent.
C. Other Remedies. Each party also may have other remediesavailable at law or in equity.
D. Defenses. In a lawsuit by Landlord for possession ofthe Premises based upon nonpayment of rent or in a lawsuit byLandlord seeking to obtain unpaid rent, Tenant may assort as adefense Landlord’s failure to perform required maintenance, asset forth in Section 111(A) — above. Landlord’s failureto provide elective maintenance, as sot forth inSection VIII(B) above, shall not be a defense to any lawsuit byLandlord for possession of the Premises unless otherwiseprovided by the Lease or applicable law. Tenant may also raiseany other defense, whether legal or equitable, that Tenant mayhave, including the defense or retaliatory conduct.
E. Payment of Rent to Court. In any lawsuit by Landlordfor possession of the Premises, if Tenant raises any defenseother than payment. Tenant must pay into the registry of thecourt the past duo rent set forth in Landlord’s complaint, oran amount determined by the court, and the rent which comes dueduring the lawsuit, as it comes due. Failure of Tenant to paythe rent into the registry of the court will be a waiver ofTenant’s defenses other than payment.
F. Attorney’s Foes. In any lawsuit brought to enforce theLease or under applicable law, the party who wins may

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recover its reasonable court costs and attorneys’ foesfrom the party who logos.

XVI. ASSIGNMENT AND SUBLEASING. Unless this box is checked, Tenant may/may not (circleone) assign the Lease or sublease all or any part of the Premises without first obtaining Landlord’s written approval and consent to the assignment or sublease.

XVII. RISK OF LOSS. Subject to the nextsentence, Landlord shall/shall not (circleone) be liable for any loss by reason of damage, theft, or otherwise to the contents, belongings, and personal effects of the Tenant, or Tenant’s family, agents, employees, guests,or visitors located in or about the Premises, or for damage orinjury to Tenant or Tenant’s family, agents, employees, guests, or visitors. Landlord shall not be liable if such damage, theft, or loss is caused by Tenant, Tenant’s family, agents, employees, guests, or visitors. Nothing contained in this provision shall relieve Landlord or Tenant from responsibility for loss, damage, or injury caused by its own negligence or willful conduct.

XVIII. SUBORDINATION. The Lease isautomatically subordinate to the lien of any mortgage encumbering the fee title to the Premises from time to time.

XIX. LIENS. Tenant shall not have the right orauthority to encumber the Premises or to permit any person toclaim or assort any lion for the improvement or repair of thePremises made byThe interest of the Landlord shallnot be subject to liens for improvements by the Tenant asprovided in Section 713.10, Florida Statutes. Tenant shall notify all parties performing work on the Premises at Tenant’s request that the Lease does not allow any liens to attach to Landlord’s interest.

XX. APPROVAL CONTINGENCY. TheIfapplicable, the Lease is/is not (circle one)
conditioned upon approval of Tenant by the association that governs the Premises. Any application fee required by anassociation shall be paid by Landlord Tenant. Ifsuch approval is not obtained prior to commencement of LeaseTerm, either party may terminate the Lease by written notice tothe other given at any time prior to approval by theassociation, and if the Lease is terminated, Tenant shallreceive return of deposits specified in Article V, if made. Ifthe Lease is not terminated, rent shall abate until theapproval is obtained from the association. Tenant agrees to usedue diligence in applying for association approval and tocomply with the requirements for obtaining approval.
Landlord Tenant shall pay the security deposit requiredby the association, if applicable.

XXI. RENEWAL/EXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and Tenant, but in no renewal may extend theterm to a date more than 1 year after the leasebeginsevent may the total Lease Term exceed oneyear. A new lease is required for each year.

XXII. LEAD-BASED PAINT. Check andcomplete if the dwelling was built before January 1, 1978.Lead Warning Statement (when used in thisarticle, the term Lessor refers to Landlord and the term Lesseerefers to Tenant).
Housing built before 1978 may contain lead-based paint.Lead from paint, paint chips, and dust can pose health hazardsif not managed properly. Lead exposure is especially harmful toyoung children and pregnant women. Before renting pre-1978housing, Lessors must disclose the presence of known lead-basedpaint and/or lead-based paint hazards in the dwelling. Lesseesmust also receive a federally approved pamphlet on leadpoisoning prevention.
Lessor’s Disclosure (initial)

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_____ (a) Presence of lead-based paint or lead-based painthazards (check (i) or (ii) below):

(i) _____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
_______________
_______________
(ii) _____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

_____ (b) Records and reports available to the Lessor(check (i) or (ii) below):

(i) _____ Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).
_______________
_______________
(ii) _____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Lessee’s Acknowledgment (initial)

_____ (c) Lessee has received copies of all information listed above.
_____ (d) Lessee has received the pamphlet Protect Your Family From Lead in Your Home.

Agent’s Acknowledgment (initial)

_____ Agent has informed the Lessor of the Lessor’sobligations under 42 U.S.C. 4852d and is aware of his/herresponsibility to ensure compliance.

Certification of Accuracy

The following parties have reviewed the information aboveand certify, to the best of their knowledge, that theinformation provided by the signatory is true andaccurate.

_______________

Lessor’s signature Date

_______________

Lessee’s signature Date

_______________

Agent’s signature Date

_______________

Lessor’s Signature Date

_______________

Lessee’s signature Date

_______________

Agent’s signature Date

_______________

XXIII. ATTORNEYS’ FEES. In any lawsuit broughtto enforce the Lease or under applicable law, the party inwhose favor a judgment or decree has been rendered may recoverits reasonable court costs, including attorneys’ fees, from thenonprevailing party.

XXIV.XXII. MISCELLANEOUS.

Time is of the essence of the performance of each party’sobligations under the Lease.

The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or terminated orally.

No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord.

All questions concerning the meaning, execution, construction, effect, validity, and

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enforcement of the Lease shall be determined pursuant to the laws of Florida.

The place for filing any suits or other proceedings with respect to the Lease shall be the county in which the Premises is located.

Landlord and Tenant will use good faith in performing their obligations under the Lease.

XXV. TENANT’S PERSONAL PROPERTY. TENANT MUSTINITIAL IN THIS BOX FOR THE FOLLOWING PROVISION TO APPLY.BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPONSURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THEDWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, ASPROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALLNOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THETENANT’S PERSONAL PROPERTY.

The Lease has been executed by the parties on the dates indicated below; Executed by Landlord in the presenceof:.
Executed by Landlord in the presence of:

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Exhibit

This form was completed with the assistance of:

Name: of Individual:_______________

Name of Business:_______________

Address:_______________

Telephone Number:_______________

Copy of Current Version of Florida Residential Landlord and Tenant Act, Part II, Chapter 83, Florida Statutes to Be Attached EARLY TERMINATION FEE/LIQUIDATED DAMAGES ADDENDUM[. . . .] I agree, as provided in the rental agreement, topay $_____ (an amount that does not exceed 2 months’ rent) asliquidated damages or an early termination fee if I elect toterminate the rental agreement and the landlord waives theright to seek additional rent beyond the month in which thelandlord retakes possession.

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[. . . .] I do not agree to liquidated damages or anearly termination fee, and I Landlord’s Signature acknowledgethat the landlord may seek damages as provided by law.

_______________

Landlord’s Signature

_______________

Date

_______________

Landlord’s Signature

_______________

Date

_______________

Landlord’s Signature

_______________

Date

_______________

Tenant’s Signature

_______________

Date

_______________

Tenant’s Signature

_______________

Date

Page 525

Exhibit

FORM 1 — NOTICE FROM LANDLORD TO TENANT —TERMINATION FOR FAILURE TO PAY RENT

This notice may be delivered by mail or by delivering a copy to the propertydwelling unit, or, if the Tenant isabsent from the dwelling unit, by leaving a copy thereof at thedwelling unit.

This notice must be delivered, and the three day timeperiod must run, before starting suit to evict the Tenant or torecover past duo rent.

If the Tenant fails to pay rent when due and the defaultcontinues for three (3) days (excluding Saturday, Sunday, andlegal holidays) after delivery of written demand by theLandlord for payment of the rent or possession of the premises,the Landlord may terminate the rental agreement. This writtendemand is a

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prerequisite to an action to evict the Tenant orrecover past due rent. Your written rental agreement may haveallowed for a longer period than three days and should bereviewed.

SOURCE: Section 83.56(3) and (4), Florida Statutes(19952007).

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

To: _______________

Tenant’s Name

_______________

Address

_______________

City, State, Zip Code

From: _______________

Date: _______________

You are hereby notified that you are indebted to me in the sum of $ _______________ [insert amount owed by Tenant] for the rent and use of the premises located at
_______________, Florida [insert address ofleased premises, including county]Florida, now occupied by you and that I demand payment of the rent or possession of the premises within three days (excluding Saturday, Sunday and legal holidays) from the date of delivery of this notice to-wit: on or before the ___ day of _____, 1920 ___ [insert the date which is three days from the delivery of this notice, excluding the date of delivery, Saturday, Sunday and legal holidays].

_______________

Signature

_______________

Name of Landlord/Property Manager [circleone]

_______________

Address [street address where Tenant can deliverrent]

_______________

City, State, Zip Code

_______________

Phone Number

Hand Delivered On
Posted On

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar The Florida Bar 1992_____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

FORM 2-NOTICE FROM LANDLORD TO TENANTTERMINATION FOR NOTICE OF NONCOMPLIANCE FORMATTER OTHER THAN FAILURE TO PAY RENT

Lease violations which entitle the Landlord to send thisNotice include having or permitting unauthorized pets,unauthorized guests, or unauthorized vehicles; parking in anunauthorized manner or permitting such parking; failing to keepthe premises clean and sanitary; or other activities notpermitted by the lease.
Violations of a rental agreement which may entitle theLandlord to send this Notice include, the material failure ofTenant to comply with its statutory obligations to maintain thedwelling unit under Florida Statute 83.52 or materialprovisions of the rental agreement (other than the failure topay rent), or reasonable rules and regulations. For the noticenecessary to terminate the rental agreement under circumstanceswhere the Tenant must be given the opportunity

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to remedy the violation, see Florida Statutes83.56(2)(b).

Under some situations, such as the Tenant’s intentional destruction of property of the Landlord or other Tenants, the Landlord may be able to terminate theleaserental agreement without giving the Tenant an opportunity to remedy.theviolation. For the notice necessary to terminate theleaserental agreement under these circumstances, see Florida Statute83.5283.56 (2)(a).

The delivery of this written notice may be by mailing ordelivery ofdelivering a true copy to thepremisesdwelling unit, or, if the Tenant is absent from the premisesdwelling unit, by leaving a copy of the notice at thepremisesdwelling unit.

This written notice must be delivered, and the seven day time period must run, prior to any termination of theleaserental agreement or any lawsuit for eviction.

SOURCE: Section Sections 83.52(2)(b), and 83.56 Florida Statute(1995Statutes (2007).

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

To: _______________

Tenant’s Name

____________________

Address

____________________

City, State, Zip Code

From: _______________

Date: _______________

You are hereby notified that you are not complying with yourleaserental agreement in that _______________ [insert noncompliance, default orviolation]. Demand is hereby made that you remedy the noncompliance, default or violation within seven days of receipt of this notice or yourleaserental agreement shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within twelve months, your tenancy is subject to termination without your being given an opportunity to cure the noncompliance, default or violation.

_______________

Landlord’s Name __________

Address __________

_______________

Phone Number __________

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993 _____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

FORM 3-NOTICE FROM TENANT TO LANDLORD-TERMINATION FORFAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDASTATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTALAGREEMENT

Tenant should carefully review SectionSections 83.51(1) and 83.51(2) Florida Statutes and the leaserental agreement
and should ensure that the violations by the Landlordalleged by the Tenant in the notice do, in fact, exist. The Tenant’s right to terminate theleaserental agreement exists only after giving the notice and if the Landlord materially
fails to makemaintain the premisesas required

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repairs.by section 83.51 or materialprovision of the rental agreement. Section 83.51(1) provides as follows:

83.51 Landlord’s obligation to maintain premises.
(1) The Landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building, housing, and health codes; or
(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. However, the Landlord shall not be required to maintain a mobile home or other structure owned by the Tenant.
The Landlord’s obligations under this subsection may be modified by the lease in the case of a single-family home or duplex.
(2) (a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord shall not be liable for damages but shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running water, and hot water.
(b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.
(c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59.
(d) This subsection shall not apply to a mobile home owned by a tenant.
(e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.
(3) If the duty imposed by subsection (1) is the same or greater

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than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1).
(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.

SOURCE: Section 83.46,83.56, Florida Statutes (19952007).

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

To: _______________

Landlord’s Name (or Landlord’s authorized representative, resident manager, or the person who collects the rent from the Landlord)

_______________

Address

_______________

City, State, Zip Code

From: _______________

Date: _______________

Re: Seven Day Notice of Noncompliance to Landlord

This is to inform you that you are not maintaining myapartmentdwelling unit as required by Florida Statute 83.51(1) and ourleaserental agreement. If you do not complete the following repairs, non-compliance,violations, or default in the next seven days,I willintend to terminate theleaserental agreement, move out, and hold you responsible for any damages resulting from the termination:

[list Landlord’s violations, non-compliance, ordefault]

_______________

Tenant’s Name _______________

Address, Unit Number _______________

_______________

Phone Number _______________

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993 _____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

FORM 4-NOTICE FROM TENANT TO LANDLORD-WITHHOLDING RENTFOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BYFLORIDA STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTALAGREEMENT

A Tenant cannot withhold rent from the Landlord without sending notice and allowing the Landlord time to make repairs. Ifthe repairs are not made the Tenant may withholdrentcure the non-compliance, violation, or defaultof its obligations. Failure to send the required notice to theLandlord has significant impact on a Tenant’s rights under therental agreement and Florida Statutes. If the non-compliance isnot remedied within the time period specified by statute (orsuch longer time as may be granted in your written rentalagreement) and the Landlord’s failure to comply renders thedwelling unit untenantable and the Tenant vacates, the Tenantmay vacate and withhold all rent, or, if the failure to complydoes not render the dwelling unit untenantable,

Page 530

rent may be reduced in proportion to the loss ofrental value caused by the non-compliance. If the Landlord’sviolation of its obligations is not remedied, but the failureto cure the non-compliance does not render the dwelling unituntenantable, the Tenant may remain in the dwelling unit andthe rent shall be reduced, until the violation is cured, by anamount in proportion to the loss of rental value caused by thefailure to cure the violation. In any legal proceeding, however, the Tenant will have to pay all past due rent, and rent as it comes due during the legal proceedings, into the registry of the Court. The Tenant should, therefore, deposit all rent as it comes due in a separate bank account until the Tenant’s disputes with the Landlord have beensolved.resolved. For the text of Florida Statute 83.51(1), and the grounds for with-holding rent, see the note to Form 3.

SOURCE: Section 83.56, Sections 83.56 and83.60, Florida Statutes (19952007).

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

To: _______________

Landlord’s Name

_______________

Address

_______________

City, State, Zip Code

From: _______________ Tenant

Date: _______________

This is to inform you that you are not maintaining myapartmentdwelling unit as required by Florida Statute 83.51(1) or material provisions of ourleaserental agreement. If you do not complete the following repairs, non-compliance, violationor default, within seven days I intend to withhold all future rental paymentspayment and/or terminatethe rental agreement:

[list non-compliance violations or default]
This letter is sent to you pursuant to Florida Statute 83.56.

_______________

Tenant’s Name _______________

Address, Unit Number _______________

_______________

Phone Number

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 3302 _____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

FORM 5-COMPLAINT FOR LANDLORD TO EVICT TENANTSFOR FAILURE TO PAY RENT AND TO RECOVER PAST DUERENT
FORM 5A — COMPLAINT FOR LANDLORD TO EVICT TENANTSFOR FAILURE Q3TO PAY RENT AND TO RECOVER PAST DUE RENT

Form 5 should be used if only eviction of theTenantsTenant is sought. Form 5A should be used to evict the TenantsTenant and recover damages (past due rent).

Page 531

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY ANDMAY NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOUSHOULD CONSULT AN ATTORNEY AS NEEDED.

IN THE COUNTY COURT, IN AND FOR _______________ COUNTY, FLORIDA

[insert countyCounty in which rental property is located]

_______________

[insert name of Landlord]

Plaintiff,

vs.

_______________

[insert name of Tenant]

Defendant.

CASE NO _______________

[insert case number assigned by Clerk of the Court]

COMPLAINT FOR EVICTION
Plaintiff, _______________ [insert name of Landlord], sues Defendant, _______________ [insert name of Tenant] and alleges:

1. This is an action to evict a Tenant from real property in _______________ [insert county in which the rental
property is located] County, Florida.

2. Plaintiff owns the following described real property insaidthe County: _______________ [insert legal or street description of rentalthe
property including, if applicable, unit number].

3. Defendant has possession of the property under a (oral/written) agreement to pay rent of $_____ [insert rental amount] payable _______________ [insert terms of rental payments, i.e., weekly, monthly, etc.]. A copy of the written agreement, if any, is attached as Exhibit “A.”

4. Defendant failed to pay the rent due _______________,1920 ___ [insert date of payment Tenant has failed to make].

5. Plaintiff served Defendant with a notice on _______________,1920 ___ [insert date of notice], to pay the rent or deliver possession but Defendant refuses to do either. A copy of the notice is attached as Exhibit “B.”

WHEREFORE, Plaintiff demands judgment for possession of the property against Defendant.

_______________

Signature

_______________

Name of Landlord/Property Manager (circle one)

_______________

Address

_______________

City, State, Zip Code

_______________

Phone Number

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993 _____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

IN THE COUNTY COURT, IN AND FOR _______________ COUNTY, FLORIDA [insert countyCounty in which rental property is located]
_______________

Page 532

[insert name of Landlord]

Plaintiff,

vs.

[insert name of Tenant]

Defendant.

CASE NO _______________

[insert case number assigned by Clerk of the Court]

COMPLAINT FOR EVICTION AND DAMAGES
Plaintiff, _______________ [insert name of Landlord], sues Defendant, [insert name of Tenant] and alleges:

COUNT I Tenant Eviction
1. This is an action to evict athe Tenant from real property in _______________ [insert county in which the rental property is located] County, Florida.

2. Plaintiff owns the following described real property insaidthe County: _______________ [insert legal or street description of rentalthe
property including, if applicable, unit number].

3. Defendant has possession of the real property under a (oral/written) agreement to pay rent of $_____ [insert rental amount] payable _______________ [insert terms of rental payments, i.e., weekly, monthly, etc.]. A copy of the written agreement, if any, is attached as Exhibit “A.”

4. Defendant failed to pay the rent due _______________,1920 ___ [insert date of payment Tenant has failed to make].

WHEREFORE, Plaintiff demands judgment for possession of the property against Defendant.

COUNT II Damages
6. This is an action for damages that do not exceed$10,000.15,000.

7. Plaintiff restates those allegations contained in paragraphs 1 through 5 above.

8. Defendant owes Plaintiff that is due with interest [insert past due rent amount] since $_______________,1920 ___ [insert date of last rental payment Tenant failed to make].

WHEREFORE, Plaintiff demands judgment for damages against Defendant.

_______________

Landlord’s Name _______________

Address, Unit Number _______________

_______________

Phone Number _______________

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1992 _____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

Page 533

FORM 6-COMPLAINT FOR LANDLORD TO EVICT TENANTS FORFAILURE TO COMPLY WITH LEASERENTAL AGREEMENT(OTHER THAN FAILURE TO PAY RENT)

Form 6 should be used for eviction of Tenants if the Tenant’s default is something other than failure to pay rent. If damages are sought a separate count, as set forth in Form 5A is necessary.

See Instructions to Form 5 and 5A.

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

IN THE COUNTY COURT, IN AND FOR _______________ COUNTY, FLORIDA

[insert countyCounty in which rental property is located]

_______________

[insert name of Landlord] Plaintiff,

vs.

_______________

[insert name of Tenant]

Defendant.

CASE NO _______________ [insert case number assigned by Clerk of the Court]

COMPLAINT FOR EVICTION
Plaintiff, _______________ [insert name of Landlord], sues Defendant, _______________ [insert name of Tenant] and alleges:

1. This is an action to evict a Tenant from real property in [insert county in which the rental property is located] County, Florida.

2. Plaintiff owns the following described real property insaidthe County: _______________ [insert legal or street description of rental the property including, if applicable, unit number].

3. Defendant has possession of the property under a (oral/written) agreement” to pay rent of $_______________[insert rental amount] payable of rental payments, i.e.,weekly, monthly, etc.].. A copy of the written agreement, if any, is attached as Exhibit “A.”

4. Plaintiff served Defendant with a notice on _______________,1920 ___ [insert date of notice] giving written notice to the Defendant that the Defendant was in violation of hisits rental agreement. A copy of saidthe notice, setting forth the violation of the rental agreement, is attached as Exhibit “B”.

5. Defendant has failed to correct or discontinue the conduct set forth in the above-mentioned notice.

WHEREFORE, Plaintiff demands judgment for possession of the property against Defendant.

_______________

Landlord’s Name _______________

Address, Unit Number _______________

_______________

Phone Number _____

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993 _____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

Page 534

FORM 7 — SUMMONS-EVICTION CLAIM
If your complaintComplaint is only for eviction of the Tenant, you need to fill out and deliver this form to the Clerk with thecomplaintComplaint. If yourcomplaintComplaint is also for damages, you will need to attach Form 8.

SOURCE: Fla.R.Civ.P. 1.070(19952007); Fla.R.Civ.P. Form 1.923 (19952007)

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

IN THE COUNTY COURT, IN AND FOR _______________ COUNTY, FLORIDA

[insert county in which rental property is located]

_______________

[insert name of Landlord]

Plaintiff,

vs.

_______________

[insert name of Tenant]

Defendant.

CASE NO _______________ [insert case number assigned by Clerk of the Court]

EVICTION SUMMONS-RESIDENTIAL
TO: _______________ [insert name, address, and phone number of Tenant].

PLEASE READ CAREFULLY
You are being sued _______________ by [insert Landlord’s name] to require you to move out of the place where you arelivingproperty located at _______________ for the reasons given in the attached complaint.

You are entitled to a trial to decide whether you can be required to move, but you MUST do ALL of the things listed below. You must do them within 5 days (not including Saturday, Sunday or legal holidays) after the date these papers were given to you or to a person who lives with you or were posted at your home.

THE THINGS YOU MUST DO TO CHALLENGE THE EVICTION ARE AS FOLLOWS:

1. Write down the reason(s) why you think you should not be forced to move. The written reason(s) must be given to the Court Clerk at _______________ [insert address of courthouse].

2. Mail or take a copy of your written reason(s) to: _______________ [insert Landlord’s name and address].

3. Give the Court Clerk the rent that is due. You MUST pay the Clerk the rent each time it becomes due until the lawsuit is over. Whether you win or lose the lawsuit, the Judge may pay this rent to the Landlord. [By statute, public housingtenants or tenants receiving rent subsidies shall be requiredto deposit only that portion of the full rent for which thetenant is responsible pursuant to federal, state, or localprogram in which they are participating.]

4. If you and the Landlord do not agree on the amount of rent owed, give the Court Clerk the money you say you owe,then before the Trial you must askyou must file awritten request (motion) which asks the Judge to seta hearing to decide what amount should be given to theClerkdecide how much money you must give to theCourt Clerk.

Page 535

The written request must be filed with your answer to theEviction Complaint. A copy of your motion must also be mailedor hand delivered to the plaintiffs) attorney, or if thePlaintiff(s) has no attorney, to the Plaintiff.

IF YOU DO NOT DO ALL OF THESE THINGS WITHIN 5WORKING DAYS (NOT INCLUDING SATURDAYS,SUNDAYS, AND LEGAL HOLIDAYS FOR YOUR COURTHOUSE) YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER NOTICE.

_______________

THE STATE OF FLORIDA: TO EACH SHERIFF OF THE STATE:

You are commanded to serve this Summons and a copy of the Complaint in this lawsuit on the above-named Defendant.

DATED on the _____ day of _______________, 1920___

Clerk of the Court

By: _______________

Deputy Clerk

Clerk’s Address: _______________

_______________

Telephone No. _______________

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar The Florida Bar 1993

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

FORM 8 — SUMMONS-DAMAGES CLAIM
If a lawsuit is filed to evict the Tenant and recover back rent, both summonses, Forms 7 and88, should be prepared and delivered to the Clerk of the Court at the time of filing the Complaint. If the Complaint seeks only to evict the Tenant, only Form 7 need be prepared and delivered to the Clerk with the Complaint. The summons or summonses should be attached to a copy of the Complaint and, after execution by the Clerk, delivered to the Sheriff or other authorized process server to be served upon the Tenant.

SOURCE: Fla.R.Civ.P. 1.070 (19952007)

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

IN THE COUNTY COURT, IN AND FOR _______________ COUNTY, FLORIDA

[insert countyCounty in which rental property is located]

_______________

[insert name of Landlord]

Plaintiff,

vs.

_______________

[insert name of Tenant]

Defendant.

CASE NO _______________

[insert case number assigned by Clerk of the Court]

SUMMONS — ACTION FOR BACK RENT AND DAMAGES
Each Defendant is further required to serve written defenses to the demand for Back Rentback rent andAll Other Damagesall other damages to thePremisespremises contained insaidthe Complaint upon the above-named _______________ [insert Landlord’s

Page 536

name] at the above-named address within 20 days after service of this Summons upon the Defendant, exclusive of the day of Service, and to file the original ofsaidthe written defenses with the Clerk of saidthe Court either before service on _______________ [insert Landlord’s name] or thereafter. If you fail to do so, a default will be entered against the Defendant for the relief demanded in that portion of the Complaint.

WITNESS my hand and seal of saidthe Court this ___ day of _____ 1920___.

(COURT SEAL)

Clerk of the Court

By: _______________

Deputy Clerk

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar The Florida Bar 1993 _____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

FORM 9 — FINAL JUDGMENT-DAMAGES
After the Court enters thisJudgmentjudgment you should obtain a certified copy of the Judgmentjudgment
from the Clerk of the Court and record the certified copy in the public records in any county in which the Tenant owns real property. The Clerk of the Small Claims Court can probably provide you with information concerning the collection of the amounts owed you.

A judgment for money (if properly recorded) is a lien upon the real or personal property of the person against whom the judgment is entered for a period ofseventen years. The lien may then be extended for an additional period ofseventen years by re-recording a certified copy of the judgment within the ninety-dayperiod proceedingprior to the expiration of the lien, and by simultaneously recording an affidavit with the current address who has a lien as a result of the judgment. The lien may thennot be extended for aperiod that when added to the first two seven-year terms, wouldnot exceedbeyond twenty years from the date of entry of the judgment, by re-recording a certified copyof the judgment and simultaneously recording an affidavit aspreviously describedor beyond the point the lien issatisfied, whichever occurs first.

SOURCE: Sections 55.081 and 55.10, Florida Statutes (19952007)

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

IN THE COUNTY COURT, IN AND FOR _______________ COUNTY, FLORIDA

[insert county in which rental property is located]

_______________

[insert name of Landlord]

Plaintiff,

vs.

_______________

[insert name of Tenant]

Defendant.

CASE NO _______________

[insert case number assigned by Clerk of the Court]

Page 537

FINAL JUDGMENT — DAMAGES
THIS ACTION came before the Court upon Plaintiffs Complaint for unpaid rent. On the evidence presented, it is ADJUDGED that Plaintiff, _______________ [insert Landlord’s name],whose principal address is _______________ [insertLandlord’s address], recover from Defendant, _______________ [insert Tenant’s name], whose principaladdress is _______________ [insert Tenant’s address], the sum of $_____ with costs in the sum of sum of $_______, making a total of $_______________, that shall bear interest at therate of 12% a year for which let execution nowissuelegal rate established pursuant tosection 55.03, Florida Statutes, FOR WHICH LET EXECUTION NOWISSUE.

ORDERED in _______________ [insert city in which the
Court is located] _______________ [insert county in whichthe Court is located] COUNTY, FLORIDA on _____, _____, 20___

_______________

(County/Circuit) Judge

cc: [insert name of Landlord] [insert name of Tenant]

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1998_____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

FORM 66 — FINAL JUDGMENT — EVICTION
No instructions.

IN THE COUNTY COURT, IN AND FOR _______________ COUNTY, FLORIDA

[insert county in which rental property is located]

_______________

[insert name of Landlord]

Plaintiff,

vs.

_______________

[insert name of Tenant]

Defendant.

CASE NO _______________

[insert case number assigned by Clerk of the Court]

FINAL JUDGMENT EVICTION FINAL JUDGMENT — EVICTION
THIS ACTION came before the Court upon Plaintiffs Complaint forevictionEviction. On the evidence presented, it is

ADJUDGED that Plaintiff, _______________ [insert Landlord’s name], recover from Defendant, _______________ [insert Tenant’s name], possession of the real property described as follows:

_______________

[insert legal or street description of rental premises including, if applicable, unit number] and $_______________ as court costs, for which lot Writs of Possession andExecution now issueFOR WHICH LET WRITS OF POSSESSIONAND EXECUTION NOW ISSUE.

ORDERED in _______________ [insert city in which the
Court is located] _______________ [insert county in which

Page 538

the Court is located] COUNTY, FLORIDA on _______________, 1920___.

_______________

County Judge

cc: _______________

[insert name of Landlord]

_______________

[insert name of Tenant]

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993_____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

FORM 11 — WRIT OF POSSESSION
This document should be delivered to the Clerk of the Court after the Court enters the finalJudgmentjudgment evicting the Tenant. The Clerk will sign this writ-Writ. After the Clerksigns this Writ, it must be delivered to the Sheriff to be served upon the Tenant and who, if necessary,to forciblewill forcibly evict the Tenant after 24 hours from the time of service.

If requested by the Landlord to do so, the Sheriff shall stand by to keep the peace while the Landlord changes the locks and removes personal property from the premises. When such a request is made; the Sheriff may charge a reasonable hourly rate, and the person requesting the Sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the Sheriff.

SOURCE: Section 83.6283.62, Florida Statutes (19952007)

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

IN THE COUNTY COURT, IN AND FOR _______________ COUNTY, FLORIDA

[insert county in which rental property is located]

_______________

[insert name of Landlord]

Plaintiff,

vs.

_______________

[insert name of Tenant]

Defendant.

CASE NO _______________

[insert case number assigned by Clerk of the Court]

WRIT OF POSSESSION
STATE OF FLORIDA

TO THE SHERIFF OF _______________ [insert county in which rental property is located] COUNTY, FLORIDA:

YOU ARE COMMANDED to remove all persons from the following described property in _______________ [insert county in which rental property is located] County, Florida: _______________ [insert legal or street description of rental premises including, if applicable, unit number] and to put _______________ [insert Landlord’s name] in possession of it.

DATED this _____ day of _______________,1920___.

(SEAL)

Clerk, County Court

By:_______________

Page 539

Deputy Clerk

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993_____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

FORM 12 — NOTICE OF INTENTION TO IMPOSE CLAIM ON SECURITY DEPOSIT
A Landlord must return a Tenant’s security deposit, together with interest if other-wise required, to the Tenant no more than 15 days after the Tenant leaves the leased property. The Landlord may claim all or a portion of the security deposit only after giving the Tenant written notice, by certified mail to the Tenant’s last known mailing address, of the Landlord’s intention to keep the deposit and the reason for keeping it. The Landlord’s notice must be sent within 30 days ofthe date Tenant vacates the leased property. If the Landlord does not send the notice within the1530-day period hetheLandlord cannot keep the security deposit. If the Tenant does not object to the notice within 15 days afterreceipt of the Landlord’s notice of intention to impose a claimon the deposit, the Landlord may then keep the amount stated in the notice and must send the rest of the deposit to the Tenant within 30 days after the date of the notice.

SOURCE: Section 83.49(3)(a), Florida Statutes (19952007)

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

NOTICE OF INTENTION TO IMPOSE CLAIM ON SECURITY DEPOSIT
To: _______________

Tenant’s Name

_______________

Address

_______________

City, State, Zip Code

Date:_______________

This is a notice of my intention to impose a claim for damage in the amount of $_______________ [insert amount of damages] upon your security deposit due to [insert damage done to premises or other reason for claiming security deposit].ItThis notice is sent to you as required by § 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 I will be authorized to deduct my claim from your security deposit. Your objection must be sent to _______________ [insert Landlord’s address].

_______________

Landlord’s Name _______________

Address, Unit Number _______________

_______________

Phone Number _______________

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993_____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

Page 540

FORM 13-SATISFACTION OF JUDGMENT — COUNTY COURT
Whenever the entire amount due on a judgment, including interest, is paid in full, the holder of a judgment must execute a satisfaction of judgment and record the satisfaction in those counties where a certified copy of the judgment was previously recorded. Failure to do so may lead to a civil action wherein the prevailing party is entitled to recover attorneys’ fees and costs.

SOURCE: Section 55.141 and 701.04 Florida Statutes (19952007)

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

IN THE COUNTY COURT, IN AND FOR ___________ COUNTY, FLORIDA

[insert county in which rental property is located]

_______________

Plaintiff(s),

vs.

_______________

Defendant(s).

CASE NO. _______________

SATISFACTION OF JUDGMENT
This document is signed by _______________, [insert: “individually” or “as agent of Plaintiffcorporation]” _______________ on _______________1920___.

Plaintiff, _______________ [insert: “individually” or “as agent of Plaintiff-corporation”], to acknowledge full payment of the judgment signed by the Judge on _______________,1920___. Plaintiff agrees that Defendant(s) do(es) not owe the Plaintiff any more monies for the judgment.

_______________

(Witness)

_______________

(Witness)

_______________

Acknowledged before me on _______________ [date], by _______________ [name], who ___ is personally known to me _____ produced ___________ [document] as identification, andwho ___ did/___ did not take an oath.

_______________

NOTARY PUBLIC-STATE OF FLORIDA

Name: _______________

Commission No. _________

My Commission Expires: _______

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993_____

FORM 14-ATISFACTION OF JUDGMENT-CIRCUIT COURT
Whenever the entire amount due on a judgment, including interest, is paid in full, the holder of a judgment must execute a satisfaction of judgment and record the satisfaction in those counties where a certified copy of the judgment was previously recorded. Failure to do so may lead to a civil action wherein the prevailing party is entitled to recover attorneys’ fees and costs.

SOURCE: Section 55.141 and 701.04 Florida Statutes (19952007)

Page 541

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY ANDMAY NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOUSHOULD CONSULT AN ATTORNEY AS NEEDED.

IN THE CIRCUIT COURT OF THE _______ JUDICIAL CIRCUIT, IN AND FOR _________ COUNTY, FLORIDA

[insert county in which rental property islocated]

_______________

Plaintiff(s),

vs.

_______________

Defendants)

CASE NO.___________

SATISFACTION OF JUDGMENT
This document is signed by ___________, [insert: “individually” or “as agent of Plaintiff corporation”] ___________ on ___________, 1920___.

Plaintiff, _______________ [insert: “individually” or “as agent of Plaintiff corporation”], to acknowledge full payment of the judgment signed by the Judge on ___________,1920___. Plaintiff agrees that Defendant(s) do(es) not owe the Plaintiff any more monies for the judgment.

___________

(Witness)

___________

(Witness)

___________

(Plaintiff)

___________

Acknowledged before me on ___________ [date], by _______________ [name], who ___ is personally known to me/ ___________ produced [document] as identification, andwho __ did/__ did not take an oath.

_______________

NOTARY PUBLIC-STATE FLORIDA Name: OF NOTARY FLORIDA

Name: _______________

Commission No. ___________

My Commission Expires: _____

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993_____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

FORM 76 — MOTION FOR CLERK’S DEFAULT — RESIDENTIAL EVICTION FORM 77 — MOTION FOR CLERK’S DEFAULT — DAMAGES (RESIDENTIAL EVICTION) FORM 78 — MOTION FOR CLERK’S DEFAULT-DAMAGESFINAL JUDGMENT (RESIDENTIAL EVICTION) FORM 79 — MOTION FOR DEFAULT FINAL JUDGMENT — DAMAGES (RESIDENTIAL EVICTION) FORM 80-MOTION FOR DEFAULT FINAL JUDGMENT DAMAGES (RESIDENTIAL EVICTION) FORM 81 —AFFIDAVIT OF DAMAGES FORM 81 — NONMILITARY AFFIDAVIT
The Tenant will have five days, after service, to file a written response to a complaintComplaint
for eviction, and 20 days, after service, to file a written response to a complaint for back rent and damages. If

Page 542

the Tenant fails to file a written response in that timeyou arethe Landlord is entitled to a judgment by default.

Obtaining the judgment is a two-step process. First, a Clerk’s default should be obtained by delivering to the Clerk of the Court an executed Motion-for Clerk’s Default. Form 76 should be used to obtain a Clerk’s default when the Tenant has failed to respond to an eviction complaint and Form 77 should be used to obtain a Clerk’s default when the Tenant has failed to respond to a complaint for back rent and damages. In order to be entitled to a default, Form 81, Nonmilitary Affidavit, must be filed with the Clerk.

Second, based on the Clerk’s default, a default final judgment should be obtained from the judge handling the case. The default final judgment is obtained by delivering to the Court a Motion for Default Final Judgmentjudgment
— Residential Eviction (Form 78) and/or a Motion for Default Final Judgmentjudgment — Damages (Residential Eviction) (Form 79) with an Affidavit of Damages (Form 80). If you arethe Landlordis seeking a Default FinalJudgmentjudgment — Damages (Residential Eviction), a copy of the motion and affidavit must be served on the defendant. Defendant. The forms provide a certificate of service to be completed establishing proper service of the motion and affidavit.

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAYNOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULDCONSULT AN ATTORNEY AS NEEDED.

IN THE COUNTY COURT, IN AND FOR ___________ COUNTY, FLORIDA

[insert county in which rental property is located]

_______________

[insert name of Landlord]

Plaintiff,

vs.

_______________

[insert name of Tenant] Defendant.

CASE NO._______________

[insert case number assigned by Clerk of the Court]

MOTION FOR CLERK’S DEFAULT-RESIDENTIAL EVICTION
Plaintiff asks the Clerk to enter a default against _______________ [name], Defendant, for failing to respond as required by law to plaintiffscomplaintPlaintiff’s Complaint for residential eviction.

_______________

Name: ___________

Address: ___________

_______________

Telephone No. ___________

DEFAULT — RESIDENTIAL EVICTION
A default is entered in this action against the Defendant for eviction for failure to respond as required by law.

DATE: _______________

CLERK OF THE COURT

By:_______________

Deputy Clerk

cc:_______________

[insert name of Landlord]

___________

Page 543

[insert name and address of Tenant]

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993_____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

IN THE COUNTY COURT, IN AND FOR _________ COUNTY, FLORIDA

[insert county in which rental property is located]

___________

[insert name of Landlord] Plaintiff,

vs.

_______________

[insert name of Tenant]

Defendant.

CASE NO._______________

[insert case number assigned by Clerk of the Court]

MOTION FOR CLERK’S DEFAULT-DAMAGES (RESIDENTIAL EVICTION)
Plaintiff asks the Clerk to enter a default against _______________ [name], Defendant, for failing to respond as required by law to plaintiffPlaintiffscomplaintComplaint for damages.

Name: _______________

Address: ___________

____________________

Telephone No. ___________

DEFAULT-DAMAGES
A default is entered in this action against the Defendant for damages for failure to respond as required by law.

DATE:___________

CLERK OF THE COURT

By: ___________

Deputy Clerk

cc: ___________

[insert name of Landlord]

___________

[insert name and address of Tenant]

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993_____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

IN THE COUNTY COURT, IN AND FOR ___________ COUNTY, FLORIDA [insert county in which rental property is located]
___________

[insert name of Landlord] Plaintiff,

vs.

___________

[insert name of Tenant] Defendant.

CASE NO. _______________

[insert case number assigned by Clerk of the Court]

Page 544

MOTION FOR DEFAULT FINAL-JUDGMENT-RESIDENTIAL EVICTION
Plaintiff asks the Clerk to enter a default against _______________ [name], Defendant, for failing to respond as required by law to plaintiffPlaintiffscomplaintComplaint for damages.

1. Plaintiff filed a complaintComplaint
alleging grounds for residential eviction of Defendant.

2. A Default was entered by the Clerk of this Court on _______________ [date].

WHEREFORE, Plaintiff asks this Court to enter a FinalJudgmentjudgment For Residential Eviction against Defendant.

Name: _______________

Address: _______________

_______________

Telephone No. ___________

cc: _______________

[insert name and address of Tenant]

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993_____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

IN THE COUNTY COURT, IN AND FOR ___________ COUNTY, FLORIDA [insert county in which rental property is located]
___________

[insert name of Landlord] Plaintiff,

vs.

_______________

[insert name of Tenant] Defendant.

CASE NO._______________

[insert case number assigned by Clerk of the Court]

MOTION FOR DEFAULT FINAL JUDGMENT-DAMAGES (RESIDENTIAL EVICTION)
Plaintiff asks the Clerk to enter a default against _______________ [name], Defendant, for failing to respond as required by law to plaintiffPlaintiffscomplaintComplaint for damages.

1. Plaintiff filed a complaintComplaint
for damages against the Defendant.

2. Defendant has failed to timely file an answer and a Default has been entered by the Clerk of this Court on ___________ [date].

3. In support of this Motion, Plaintiff submits the attached Affidavit of Damages.

WHEREFORE, Plaintiff asks this Court to enter a FinalJudgmentjudgment against Defendant.

I CERTIFY that I ___ mailed, ___telefaxedfaxed and mailed, or ___ hand delivered a copy of this motion and attached affidavit to the Defendant at _______________ [insert address at which Tenant was served and telefaxfax number if sent by telefaxfax].

Name: _______________

Address: _______________

_______________

Telephone No. ___________

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993_____

Page 545

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

IN THE COUNTY COURT, IN AND FOR ___________ COUNTY, FLORIDA [insert county in which rental property is located]

_______________

[insert name of Landlord] Plaintiff,

vs.

_______________

[insert name of Tenant] Defendant.

CASE NO._______________

[insert case number assigned by Clerk of the Court]

AFFIDAVIT OF DAMAGES
STATE OF FLORIDA

COUNTY OF

BEFORE ME, the undersigned authority, personally appeared _______________ [name] who being first duly sworn,saysstates as follows:

1. I am ___ the Plaintiff or ___ the Plaintiffs agent (check appropriate response) in this case and am authorized to make this affidavit.

2. This affidavit is based on my own personal knowledge.

3. Defendant has possession of the property which is the subject of this eviction under an agreement to pay rent of $ ___________ [rental amount] per _______________ [week, month, or other payment period].

4. Defendant has not paid the rent due since _______________ [date of payment Tenant has failed to make].

5. Defendant owes Plaintiff $___________ [past due rent amount] as alleged in the Complaint plus interest.

6. Defendant owes Plaintiff $___________ [amount of other damages] as alleged in the Complaint plus interest.

_______________

Name:___________

AcknowledgedSworn and subscribed before me on _______________ [date], by ___________ (name), who _____ is personally known to me/___ produced _______________ [document] as identification, and who ___ did/___ didnot taketook an oath.

_______________

NOTARY PUBLIC-STATE OF FLORIDA

Name: _______________

Commission No.___________

My Commission Expires: _______

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993_____

This form was completed with the assistance of:

Name:

Address:

Telephone Number:

Page 546

IN THE COUNTY COURT, IN AND FOR ___________ COUNTY, FLORIDA [insert county in which rental property is located]
_______________

[insert name of Landlord] Plaintiff,

vs.

_______________

[insert name of Tenant] Defendant.

CASE NO._______________

NONMILITARY AFFIDAVIT On this day personally appeared before me, theundersigned authority, _______________, who,after being first duly sworn, states under penaltyof perjury;says:

= 1 That I know of my own personal knowledge that therespondent is not on active duty in the armed forces of theUnited States.

= 2. That I have inquired of the armed forces of theUnited States and the U.S. Public Health Service to determinewhether the respondent, _______________, is a member of thearmed services and am — attaching — certificate— stating that the respondent is not now in the armedforces.
Defendant,

_______________ is known by Affiant not to be in themilitary service or any governmental agency or branch subjectto the provisions of the Soldiers’ and Sailors’ Civil ReliefAct.

DATED:_______________

_______________

Signature of Affiant

Name: _______________

Address: _______________

____________________

Telephone No. ___________

AcknowledgedSworn and subscribed before me on _______________ [date], by _______________ [name], who _____ is personally known to me ___ produced _______________ [document] as identification, and who ___ did ___ did nottaketook an oath.

_______________

NOTARY PUBLIC-STATE OF FLORIDA

Name:___________________

Commission No. _____________

My Commission Expires: _______

Name _______________

Address _______________

TelefaxFax No. _______________

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar

The Florida Bar 1993_____

This form was completed with the assistance of:

Name: