Sample Lease Does Not Match Actual Lease
My question involves landlord-tenant law in the State of: FL
We had to sign an initial agreement stating that our holding fee (which is equal to rent/security deposit) is held to secure the unit and that we must be approved by 2 organizations before signing a lease. The holding fee will not be returned unless denied by an organization, else the holding fee will be converted to the security deposit. My stipulation is this, before giving our holding fee, we asked to see the lease and were told we can view a sample lease and that a final lease is not generated until all approvals have occurred.
Overall the final lease has some changes that were not mentioned in the sample lease, i.e. some appliances are only going to be covered at the landlord's discretion. So now I am stuck in a bind where I don't know if them keeping our holding fee if we walk away is enforceable since the sample lease was misleading, but at this point the plan was to move in this weekend.
Problem 2:
The lease says we accept the property "as is". What if something isn't working upon move in? The lease says we are responsible, however I don't see why they would give us a move in form then to mark down damage if technically we would be responsible for the place upon move-in.
Problem 3:
Maintenance / Repair:
TENANT shall be fully responsible for, and agrees to maintain and repair at TENANT'S expense, the following: A/C FILTERS, LOCKS/KEYS, SMOKE ALARM BATTERIES, LAWN/SHRUBS, SCREENS, EXTERMINATION INTERIOR, EXTERMINATION EXTERIOR and WINDOWS. TENANT shall notify LANDLORD immediately of any maintenance
need or repair in writing. TENANT agrees that they shall immediately test the smoke detector and shall maintain same. Unless due to the negligence of the TENANT in which case TENANT shall be responsible for 100% of the costs of any repairs, TENANT agrees to pay for all minor repairs to the premises of any kind costing $75.00 or less or, if the LANDLORD provides a service plan for appliances, plumbing and/or electrical, TENANT will pay the deductible up to
$75.00 for each service call.
However at the bottom of the lease it states this:
ADDITIONAL STIPULATIONS:
Appliances included: Refrigerator, range, dishwasher washer and dryer.
If a washer and dryer are included repairs or replacement are solely at the Landlords discretion.
Wouldn't the "additional stipulations" section conflict with the "maintenance/repair" section with regards to 1 section stating ALL repairs to the premises.
Problem 3B:
With regards to repairs costs over $75, is it safe to assume that so long as there is NO service agreement, that the tenant is NOT responsible for any cost so long as the total cost is above $75?
Problem 3C:
The only other relevant details for maintenance/repair is this:
TENANT shall maintain the premises in good, clean and tenantable condition throughout the tenancy, keep all plumbing fixtures in good repair, use all electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner, removing all garbage in a clean and
sanitary manner.
I am unable to interpret the wording listed in problem 3 and 3C for these situations; who would be responsible to repair this:
a leaky faucet (not a pipe issue), a broken toilet (not a pipe issue), a vandal breaks an outside window, an outside animal rips holes in the outdoor porch screen.
Advise?
thank you thank you thank you
Re: Sample Lease Does Not Match Actual Lease
So, then, there is no "problem 1"?
We have no access to the lease(s), so you're making us work on assumption. If you want certainty, have a lawyer review the full and actual lease language.
Quote:
Quoting thetenantking
The lease says we accept the property "as is". What if something isn't working upon move in?
The new lease? Both leases?
If something is not working, document the problem in writing and put in any request for repair request before accepting occupancy. Your landlord may give you a move-in checklist - if not, consider using your own (for example).
Quote:
Quoting thetenantking
The lease says we are responsible, however I don't see why they would give us a move in form then to mark down damage if technically we would be responsible for the place upon move-in.
Basically, if you don't mark it down you're accepting that you'll be responsible. So mark everything down.
Quote:
Quoting thetenantking
Wouldn't the "additional stipulations" section conflict with the "maintenance/repair" section with regards to 1 section stating ALL repairs to the premises.
Again are we talking about only the new lease? Both leases?
I'm not seeing why you believe the clauses are inconsistent. Assuming that the unit does include a washer and dryer, you're basically being told that it's not your landlord's problem if they stop working, although if the landlord declines to repair or replace there's nothing that would suggest you could not hire your own repair service.
Quote:
Quoting thetenantking
...is it safe to assume that so long as there is NO service agreement, that the tenant is NOT responsible for any cost so long as the total cost is above $75?
It looks like clumsy drafting by the landlord, but assuming that's the only relevant language then the landlord is committing to paying for all repairs over $75, including appliance repairs if he chooses not to have a service plan.
Quote:
Quoting thetenantking
a leaky faucet (not a pipe issue), a broken toilet (not a pipe issue), a vandal breaks an outside window, an outside animal rips holes in the outdoor porch screen.
You can read the lease - the whole lease, not just the snippet you've shared - so you already know that the language you've shared states that for "minor repairs to the premises of any kind costing $75.00 or less" you are responsible up to $75 and for other repairs (except as outlined in the lease) the landlord pays. If you or your pets damage the premises, you can be charged the full cost of repairing the damage.