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Jessica

Jessica

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I live in the state of florida and my the new lease agreement just came in to be signed. They're saying this, I want to know what my legal rights are regarding these issues. "In the event a major repair to the Premises must be made which will necessitate TENANT vacating the Premises, LANDLORD may, at its option, terminate this Lease, and TENANT agrees to vacate the Premises, holding LANDLORD harmless for any damages suffered.
JA: Is there anything in the lease that is not being honored?
Customer: We have mold from a leak that we notified them of a year ago that was merely painted over
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: We've also had issues where we were without a functioning toilet for about 3 weeks as well during this past year. We don't have access to our current lease, but i know it was stated that we had to immediately notify of mold so they can repair. It's all digitalized so i only have the ability to view the new updated lease. ADDISON APARTMENTS RESIDENTIAL LEASE
PARTIES AND OCCUPANTS
THIS LEASE made and entered into this 11/15/2022 by and between The Addison LLC, (hereinafter “LANDLORD”), and Duane A. Davison, Amanda R. Langworthy, jointly and severally, (hereinafter individually or collectively “TENANT”).TERM
LANDLORD demises, leases and lets to TENANT for a term, not to exceed one (1) year commencing on 02/21/2023 and terminating on 02/20/2024 (hereinafter “the Lease Term”), for*****Apt 200
Sarasota, FL 34232
(hereinafter "the Premises").RENT
Rent is payable by TENANT in advance, and without demand, monthly on the 1st day of each month, in equal monthly installments of $1,400.00. If the Lease Term commences on a day other than the first day of the month, the first rent installment shall be prorated and the initial installment shall be
. All rents are to be paid online through the Landlord's Management Company Software named Appfolio. TENANT agrees to pay a late charge of $35.00 each time rent is not received by LANDLORD on or before the due date, regardless of cause, including dishonored checks, time being of the essence. There will be a service charge of $25.00 or 5% of the amount of the check, whichever is greater, for all dishonored checks. Thereafter, all rental payments will be made by money order or cashier's check. All late and service charges under this Lease are considered “rent.”SECURITY DEPOSIT
LANDLORD acknowledges receipt of $1,200.00 as a security deposit for the performance of this Lease at the time of its execution. The LANDLORD, however, at its option, may apply any or all of the security deposit to any amount of unpaid rent, unpaid utilities or other damages incurred by LANDLORD as a result of TENANT'S default under this Lease Agreement. Further, this security deposit shall not, in any manner, be construed as limiting TENANT’S liability for damages caused to the leased premises by TENANT, its guests or invitees. This security deposit may not be applied to or used as a set off by TENANT towards any amount of outstanding rent due upon expiration of the Lease Term, surrender of the premises, or termination of the Lease Agreement. The sum of $150.00 is non-refundable and used by LANDLORD to prepare the premises for the next tenant.ADVANCE RENT/SECURITY DEPOSIT DISCLOSURE
All advance rents and/or security deposits will be held in a non-interest bearing account at:Center State Bank1100 S. Tamiami Trail, Suite 100Sarasota, Florida 34236YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY'S FEES PAYABLE BY THE LOSING PARTY.THIS DISCLOSURE IS BASIC. PLE
JA: You'll pay a one-time $5 join fee, plus $60 for a month of membership with JustAnswer. After that, your membership will renew monthly. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Do i have to pay the $60? Your page advertises only $5 to join?
1.2.2023
Good morning and Happy New Year! My son Alex lives in Colorado Springs CO and his landlord (a community) has told him that he must be out of his rental by January 7. They claim that he has not responded to request for remediation of some issues in his apartment. He doesn't feel it would be worth flighting this. The landlord said that if he stays beyond January 7, the sheriff will close the apartment and put him in legal jeopardy, including sending sheriffs to the home. He may have an alternate location but this isn't yet confirmed. My question is what can he do at this point. He has not paid January rent as he is supposed to vacate next week. He will make sure the premises are cleaned before he departs but what obligation (monetarily) is payable in the meantime to discharge any responsibilities on his part. Is there a standard formula in this case? Thank you. ***** Boca Raton FL
JA: Just to clarify, where is the apartment located? These laws can vary based on state.
Customer: 80904 zip code in Colorado Springs
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I think it is pretty standard for Colorado. Some of the issues the office mentioned included blinds on the window or a lock he put on the door because he was concerned about possible forced entry from his ground-floor apartment.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That's the general outline of the case.
1.1.2023
The property manager is asking for compensation, but according to the Residental Lease/PM Agreement, I don't believe I need to pay them. The property is not rented because it needs some work & the contractor they wanted to use didn't break down any of the work as we requested on more than 1 occassion so we had to find contractors to do the work. Basically, if we used their contractor, it was clear that they would receive financial compensation. When the property manager (PM) met with my painter, he made the comment that he wish that I would have let him do all the work. My painter mentioned that he got the feeling the PM wasn't happy about meeting with him. The PM sent me this text & I wondered what prompted it & realized that it was sent shortly after he met with the painter & I'm not a lawyer, so I need legal help with review of the Residential Agreement. Text sent to me & my response below: Also, at some point we'll need to discuss compensation for the 45+ hours we have invested in the property thus far. Between our initial proposal that took several hours alone, all the back and forth, mileage, gas, and now meeting with your subs this is taking a lot of time and effort with zero income. Your property could have been done and on the market at least a month ago. Maybe even with a tenant in it by now. I'm not sure how are initial proposal could have been more expensive than hiring all these individual contractors and having property vacant for 2-3 months. Hope you can understand and respect where I'm coming from. We truly have your best interest at heart but nobody wants to work for free. Let's see where everything pans out after property is 100% ready. Thank you and have a great day!Yes, I do understand that no one wants to work for free and I would not ask that of anyone. I'm not sure if the property would have already been rented or even ready because of Matthew's really busy schedule and when we talked about what was already done and what was left which was basically landscaping you had mentioned you were going to go ahead and talk with your contacts. We were willing to use Matthew but there were things that were and were not listed on his landscaping section of the make ready that needed to be addressed in more detailed. I appreciate all that you have done and look forward to going over compensation at your earliest convenience. Take care and have a good day.
JA: Where is this occurring? I only ask because laws can vary by state.
Customer: Texas
JA: Do you have any court dates or documents relevant to this situation?
Customer: there is no court date, the PM sent that text and I don't see according to the agreement I signed that I would owe anything until the property is rented.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't believe so
12.31.2022
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