Applicant represents that all of the above information is true and complete and authorizes the verification of same by reasonable means. Applicant has paid the sum of $625.00 as an application fee. If the application is rejected, the $625.00 will be returned to the applicant. The applicant agrees and understands that in the event the aforementioned application fee is accepted and applicant is approved for rental and applicant fails and refuses to enter into the contemplated lease agreement, a copy of which has been provided to applicant, within 48 hours of notification of acceptance landlord shall retain the entire $625.00 application fee. Upon applicant entering into a lease agreement, the landlord shall retain $312.50 of the application fee to cover administrative expenses, which will then be non-refundable. The remaining $312.50 shall be converted to a security deposit and serve as same pursuant to the terms of the lease. Applicant understands that the security deposit shall not be credited to rent during the term of the lease and the applicant will be required to pay the full rent as due per the provisions of the lease agreement.”
RELEASE OF THE SECURITY DEPOSIT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. The full term of the lease has expired.
2. Thirty (30) days written notice of intention to vacate must be provided.
3. There is no damage to the premises beyond normal wear and tear as determined by the Manager or Landlord’s agent.
4. The entire premises including range hood, oven, refrigerator, bathrooms, closets and cupboards are in satisfactory, clean condition.
5. All debris, rubbish and discards have been removed from the apartment and deposited in the proper trash containers. All of Tenant’s personal property has been removed from the premises.
6. The entire apartment is vacuumed.
7. There are no unpaid amounts due, including rent, late charges, maintenance charges, repairs, etc.
8. Rent charge will continue until ALL keys are returned to the Manager. A lock and key replacement charge of $25.00 shall be deducted from the security deposit if the key is not returned to the Manager when Tenant vacates the Premises.
9. A complete forwarding address has been left with the Manager.
The Security Deposit will be held in a separate non-interest bearing account at SunTrust Bank. Appropriate charges will be imposed on the Security Deposit for any of these conditions not met. Within 15 days of expiration of the lease term, you will receive your refund or notification of a claim against the Security Deposit. The Security Deposit refund check will be mailed to the forwarding address provided to the Manager.
Reproduced below is a copy of the Provisions of Section 83.49 (3), Florida Statutes, relating to Deposit Money or advance rent; duty of Landlord and tenant to Deposit Money or advance rent; duty of landlord and tenant.
(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of its intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount of ______________ upon your security deposit, due to _______________. It is sent to you as required by s.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 landlord will be authorized to deduct its claim from your security deposit. Your obligation must be sent to IRSC Foundation, Indian River State College, Foundation Office, 3209 Virginia Avenue, Fort Pierce, Florida 34981. If the landlord fails to give the required notice within the 30 day period, it shall forfeit the right to impose a claim upon the security deposit.
(b) Unless the Tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
(c) If either party institutes an action in a court of competent jurisdiction to adjudicate his right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.
