Rental Application
Single person Rental Application CLICK HERE
Married Rental Application CLICK HERE
Early Termination Policy Form CLICK HERE
Term Statutes CLICK HERE
Security Deposit Information CLICK HERE
*Download the applicable Rental App-(Print out, then fill out completely) and Fax to 321/724-5380
Applicant(s) acknowledges that false or omitted information herein does constitute grounds for rejection for application, termination of Right of Occupancy, and will result in forfeiture of fees and/or deposits to Aamerican Property Management, LLC and may constitute a criminal offence under the Laws of the State of Florida.
Tenants:
Property:
Qualifying To Rent
a. Straight Credit Qualification ( )( ) $40 application, Rent + Pro-Rated Rent, plus Security Deposit Equal to Rent.
(Requires no charge-offs, delinquencies, collections,
foreclosures, distressed mortgage (upside down), financial/life changing situation, and/or bankruptcies.)
b. Having a Person Guarantee ( )( ) $40 Application for GUARANTOR, Rent + Pro-Rated Rent, plus Security Deposit Equal to Rent.
( Requirements of a. above plus Sufficient Resources To Clearly Pay For Their Own Expenses Plus All Of The Tenant's Expenses.)
c. Tenant Guarantees With Cash ( )( ) NO APPLICATION FEE, Rent + Pro-Rated Rent, plus Security Deposit Equal to Rent, Plus a Guarantee Equal to Rent.
(Assumes a varied transaction credit record that shows some
willingness to pay bills and allows for a few failures. Potentially allows for foreclosures, distressed mortgage (upside down), financial/life changing situation, and/or bankruptcies.)
Violent criminals, registered offenders, and other serious convictions along with habitual non-payment of financial obligations are a basis for refusal to rent
All payments by local cashier’s, cash, or money order in advance thru move in.
NO PERSONAL CHECKS! -
Applicant ___________Applicant __________DATE: __/__/2011
APPLICATION ACCEPTANCE OF TERMS
We take pride in our rental homes. We offer guarantees in regard to your satisfaction and our maintenance responsibilities. We seek only qualified residents to reside in our homes.
We screen our applicants carefully and we verify all information provided to us on the rental application. We run a credit report, criminal and eviction search on every applicant, we verify employment and we check previous rental history. All intended people, pets and vehicles must be disclosed.
The screening and verification process is used the same way for every applicant -- fairly and consistently. We observe and believe in the fair housing laws. An applicant who passes the screening criteria is offered a rental when one is still available. An applicant who does not satisfy the screening criteria is not accepted as a resident.
By making application for one of our rentals, you acknowledge that these verifications will be done, and give us permission to do them. Please completely fill in the rental application. If you do not provide us with complete information, we will not be able to process the application. We will do our best to process your application quickly and normally finish within a 72 hour period. If you have not heard back from us by then, feel free to contact us. Please read and sign below acknowledging acceptance of the terms of your application. Thank you for making an application for one of our rentals and we hope you will become a long term resident with us.
1) I have double checked the information I have provided on the rental application and agree that it is true and complete.
2) I understand that an update of the information on this application shall be requested. I agree to provide updated information and notify management of any changes (i.e., employment, phone number, car, emergency contact).
3) Reliable documentation and telephone numbers for all income must be provided, no exceptions.
*If employed, you will need last year's W-2s and your two most current pay stubs.
*If self-employed, most current Schedule C tax return and proof of current income year
* Other income such as retirement, AFDC, SDI, or others must have reliable documentation.
*Photo documentation (driver's license, military ID or state ID) is required.
4) I agree to pay a $ 40 nonrefundable processing fee (per adult 18 and over), plus an amount equal to the rent as a refundable holding deposit to reserve/hold the rental for me should my application be accepted. If accepted, the holding deposit will be applied toward my move-in costs, including rent and security deposit. You may ask to seek a copy of our lease at any time.
5) I hereby waive any claim for damages if my application is not accepted.
6) I understand that every good faith effort will be made to have the premises ready for occupancy as promised. However, should the premises not be available for occupancy on the date promised, I hereby waive any and all rights to seek to recover damages of any kind from the landlord or management company.
7) I certify that I am not manufacturing, using, storing, or selling dangerous controlled substances, and understand that I will immediately be required to vacate the premises if evidence of such is found on the premises, or if I am convicted of any crimes related to possession and/or distribution of controlled dangerous substances.
8) I understand and agree that this application is NOT a lease or rental agreement, and should it be accepted, I will sign the reservation agreement provided within two business days of being accepted. In order to sign the lease and addendums, all monies for the unit (including rent, security deposit and other fees) must be paid in full. Should I fail to sign the lease or not pay all the monies due at move-in, the application shall be considered withdrawn, there will be no further obligation to reserve the rental and any and all monies shall be forfeit.
RESIDENT SELECTION CRITERIA
To guarantee compliance with the Federal Fair Housing Acts, a separate application is required for each applicant over the age of eighteen (excluding dependent children) who will reside at the property.
Realty Services Property Management Company does not discriminate on the basis of age, race, color, creed, religion, sex, national origin, handicap or familial status. Realty Services adheres to all federal, state and local fair housing and equal opportunity laws.
Applicants will NOT be accepted on a “first come, first served” basis.
The following are Aamerican property Management's criteria for qualifying an applicant as a resident and must be included with the application:
1. Application must be fully completed, dated and signed.
2. Application must be reviewed at the time of submission to ensure we have all information needed to determine eligibility.
3. Applicant must provide proof of identity with photo (such as a state driver’s license).
4. Applicant must provide a social security number or be able to verify that no number has been assigned.
5. A landlord history with a minimum of four years to verify proven payment history and that the applicant has never been evicted.
6. Family size must be in compliance with the available unit per HUD guidelines.
APPLICANTS MAY BE DENIED OCCUPANCY FOR THE FOLLOWING REASONS:
a. Falsifying an application.
b. Incomplete application.
c. Poor rental history profile such as:
- Non-payment of rent
- Poor credit history within 5 years (such as delinquent real estate accounts from evictions, broken leases or utility bills)
- Joint bankruptcy or personal bankruptcy within the past 2 years or a bankruptcy that has not been discharged
- A filed eviction (unless a stipulation was adhered to)
- A history of violence to persons or property within the last 5 years
- A felony within 7 years, a sexual predator or sexual offender
- A history of poor or unsanitary housekeeping
- A history of drug-related activity by any of the applicant’s household members
- A history of unruly or destructive behavior by resident or a member of the resident’s household.
d. If an arrest record exists within seven years, it is up to the applicant to provide written verification from the proper authorities as to the final disposition of innocence or that the case was dropped.
APPLICANTS MAY HAVE AN ADVERSE REACTION FOR ANY OF THE FOLLOWING:
1. No employment
2. Residential verification of less than 2 years
3. No credit history
All sources of income must be verified.
Criminal and eviction records will be verified by an independent company.
Any exceptions to these criteria must be submitted in writing to the rental agent for presentation to the landlord for consideration. If approval is given for such exceptions, additional security, co-signers, and/or additional advance rent payments may be required.
Utility Information Guide (often provided with “Reservation Agreement”)
GETTING SETTLED Getting Connected
Provided as a reminder and resource to assist new tenants in completing the transfer of all utilities to their own personal accounts prior to occupancy/lease starting date. You must pay for Waste management services
ELECTRICITY
Florida Power & Light Co. requires a deposit that varies according to a customer's credit rating. An initial service charge is included on the first bill. A certificate of occupancy following an electrical inspection is required for first service for a new home. To receive FPL service, call 723-7795 any time or go to www.fpl.com
GAS
Florida City Gas supplies natural gas to most of Brevard. The company requires a meter deposit that varies according to the amount of monthly gas usage. The meter deposit is refunded with interest after 12 months to customers with good payment records. A $50 startup fee is required. To begin gas service, call 800-993-7546. For new homes, call 632-1734. For further details, visit www.floridacitygas.com.
TELEPHONE
Contact Bell South at 888-757-6500 at any hour to set up residential service. A deposit amount is determined by the customer's credit report. Customers must give their address, Social Security and driver license numbers.
WATER. TRASH. SEWERS
Charges for sewer, water and deposit rates vary throughout the county. When service is disconnected, deposits are refunded. Charges for sewer, water and deposit rates vary throughout the county. When service is disconnected, deposits are refunded. Waste Management serves Palm Bay: 723-4455
Melbourne supplies water to its residents and those of Indian Harbour Beach, Satellite Beach, Indialantic, Melbourne Beach, Melbourne Village and parts of West Melbourne.
The city requires a $43 water deposit and a $77 sewer deposit for mainland residents and customer on city water.
A $103 water and sewer deposit are required for beachside residents on county sewer.
Go to Melbourne City Hall, 900 E. Strawbridge Ave.
Call 727-2900 or 953-6390. Or visit melbourneflorida.org
West Melbourne, a $100 deposit is required to establish service and a non-refundable $10 service fee is added to the first bill. Billing for trash collection is included in the water-sewer bill. Deposit is refunded when service is disconnected. Call 727-7700 or visit www.westmelbourne.org. Go to West Melbourne City Hall, 555 Washington Ave.
Cocoa provides service from Port St. John south to the Pineda Causeway in north Melbourne, and includes residents of Merritt Island and Cocoa Beach. Charges vary. All customers pay a $20 administration fee that shows up on the first bill.
Cocoa residents may pay deposits of $50 for sewer plus $40 for water.
Customers on septic tanks pay only the $40 water deposit.
Go to Cocoa City Hall, 603 Brevard Ave., between 8 am and 5 pm weekdays.
Call 639-7500 or visit www.cocoafla.org
Palm Bay, a $40 water deposit and/or a $50 sewer deposit is required to establish service and a non-refundable $15.33 service fee is required. Billing for trash collection is NOT included in the water/-sewer bill. (Waste Management serves Palm Bay: 723-4455). Deposit is refunded when service is disconnected. Call 952-3420 or visit www.palmbayflorida.org. Go to Palm Bay City Hall, 120 Malabar Road, Palm Bay 32907 before 3:30 PM.
The Waste Management invoice will arrive in an envelope addressed to the owner at your new address – please pay this bill as it is your responsibility to do so.
Information herein is provided to assist tenant(s) with utility transfer and is neither guaranteed nor represented to be updated and/or completely accurate.
SHORT SALE DISCLOSURE
(only if applicable)
IMPORTANT INFORMATION
IMPORTANT INFORMATION
The status of a property; i.e., liens and foreclosure actions vs. all obligations current, does not involve the property manager unless the owner or financial institution chooses to do so. We are not privy to communications. We can usually let a tenant know if a property is actively for sale or actively a “short sale”; i.e., in foreclosure.
We will advise all involved immediately upon receiving information relative to a foreclosure. The rent must still be paid. Rent proceeds for each month will be held until the 15th of each month to accommodate returning unused rent to the tenant in the event of an unexpected auction sale and loss of residence in order to return unused rent to the tenant on a prorated basis.
“Protecting Tenants at Foreclosure Act,” (Excerpt – not the actual legal document)
The tenant protection provisions apply for any foreclosure on a “federally-related mortgage loan,” or on any dwelling or residential real property. Under the provisions, “any immediate successor in interest” in a foreclosed property – including a bank that takes title to a house after foreclosure – assumes it subject to the rights of any bona fide tenant and certain notice requirements.
Under this law, tenants must receive notice at least 90 days before eviction. Additionally, tenants must be able to stay in the residence until the end of their lease, with two exceptions: (1) where the property is sold after foreclosure to a purchaser who will occupy the property as their primary residence, and, (2) where there is no lease (or where the lease is terminable at will under state law). However, even when these exceptions apply, tenants must still receive 90 days’ notice before they may be evicted.
The legal protections apply only to “bona fide” tenants – meaning that the lessee is not the mortgagor or a child, spouse or parent of the mortgagor; the lease is the product of an arm’s-length transaction; and the rent is not substantially less than fair market rent (unless a government subsidy). Also, it does not affect the termination requirements of any federal- or state-subsidized tenancy, or of any stricter state law that provides longer notice requirements or other additional tenant protections.
The U.S. Office of the Comptroller of the Currency (OCC) advised national banks to adopt policies and procedures to ensure compliance with the new tenant protection provisions; and it will evaluate bank compliance.
In the event a condominium association or homeowner's association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services, and the association decides these services will no longer be provided, Tenant agrees and understands that Landlord and/or Agent shall not be required to replace, provide or pay for these removed services for Tenant. Tenant may opt to pay for non-essential services, but shall be required to pay for essential services including but not limited to water, sewer and trash, if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by Landlord or Agent, nor shall it constitute a default under the lease. The failure of Tenant to retain and pay for essential services upon notice and demand by the Landlord or Agent shall constitute a material breach of the lease.
This is a Foreclosure property potentially subject to auction and immediate loss of resident for the tenant. The rent has been reduced as an allowance for the additional tenant exposure and the tenant hereby acknowledges those circumstances. Rent proceeds for each month will be held until the 15th of each month to accommodate returning unused rent to the tenant in the event of an unexpected auction sale and loss of residence in order to return unused rent to the tenant on a prorated basis.
Should a Related Notice Arrive at the House – Please Promptly Advise Us?
Short Sales in Real Estate - How to Handle Real Estate Short Sales
When lenders agree to do a short sale in real estate, it means the lender is accepting less than the total amount due. Not all lenders will accept short sales or discounted payoffs, especially if it would make more financial sense to foreclose.
If you are considering buying or renting a short sale or renting a short sale, there could be drawbacks. For your protection, I suggest that all borrowers/renters
- Obtain legal advice from a competent real estate lawyer
- Call an accountant to discuss short sale tax ramifications
- Consider what impact a sale could have upon your rental agreement
As a real estate agent, I am neither licensed as a lawyer nor AS a CPA and cannot advise on those consequences. Be aware the IRS will consider debt forgiveness as income, and there is no guarantee that a lender who accepts a short sale will not legally pursue a borrower for the difference between the amount owed and the amount paid. In some states, this amount is known as a deficiency. A lawyer can determine whether your loan qualifies for a deficiency judgment or claim.
Although all lenders have varying requirements and may demand that a borrower submit a wide array of documentation, the following steps will give you a pretty good idea of what to expect.
Comparative Market Analysis
Sometimes markets decline and property values fall. If this is part of the reason that you cannot sell your home for enough to pay off the lender, this fact should be substantiated for the lender through a comparative market analysis (CMA). Your real estate agent can prepare a CMA for you, which will show prices of similar homes
- Active on the market
- Pending sales
- Solds from the past six months.
Purchase Agreement, Rental Agreement, & Listing Agreement:
When you reach an agreement to sell or rent with a prospective purchaser, the lender will want a copy of the offer, along with a copy of your listing agreement. Be prepared for the lender to renegotiate commissions and to refuse to allow payment of certain items such as home protection plans or termite inspections. Said conditions may adversely affect your Rental Agreement and a tenant’s ability to remain on the premises.
Should any of the immediately preceding occur, Owner has agreed to give a 60 day termination notice if allowed and Tenant hereby agrees to accept the imposed auction and/or order-to-vacate without any liability or further obligation on the part of the owner and/or agent of owner.
Following are the "DOMAINS we use for the internet:
.
.
.
.
.
.
.
Contact Us for more Information.
Research References
Tenants:
Property:
Qualifying To Rent
a. Straight Credit Qualification ( )( ) $40 application, Rent + Pro-Rated Rent, plus Security Deposit Equal to Rent.
(Requires no charge-offs, delinquencies, collections,
foreclosures, distressed mortgage (upside down), financial/life changing situation, and/or bankruptcies.)
b. Having a Person Guarantee ( )( ) $40 Application for GUARANTOR, Rent + Pro-Rated Rent, plus Security Deposit Equal to Rent.
( Requirements of a. above plus Sufficient Resources To Clearly Pay For Their Own Expenses Plus All Of The Tenant's Expenses.)
c. Tenant Guarantees With Cash ( )( ) NO APPLICATION FEE, Rent + Pro-Rated Rent, plus Security Deposit Equal to Rent, Plus a Guarantee Equal to Rent.
(Assumes a varied transaction credit record that shows some
willingness to pay bills and allows for a few failures. Potentially allows for foreclosures, distressed mortgage (upside down), financial/life changing situation, and/or bankruptcies.)
Violent criminals, registered offenders, and other serious convictions along with habitual non-payment of financial obligations are a basis for refusal to rent
All payments by local cashier’s, cash, or money order in advance thru move in.
NO PERSONAL CHECKS! -
Applicant _________ Applicant _________ DATE: ___/___/2011
Property:
FORWARDING ADDRESS: _______________________________________________________
New Phone Number: work: ________________Home: __________________ Cell: ___________________
A. The herein named tenant(s) now willingly agree(s) to surrender all rights, privileges, occupancy, possession, and use of the subject property on the _____day of _____________, 201___ (“THE SURRENDER DATE”) as confirmed by signatures below
B. From The Tenant Landlord Act
“83.57 Termination of tenancy without specific term.--A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
1 When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period;
2 When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly period;
3 When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; &
4 When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.”
C. Explanation - Many leases attempt to make the resident give more notice than 15 days in order to terminate the month to month tenancy. Often 30 days is a typical requirement in the lease. While the lease may clearly state 30 days, and the resident by signing the lease has presumably agreed to it, the law will prevail. A month to month tenancy can be terminated by the resident giving at least 15 days’ notice prior to the end of the monthly rental period. No more can be required. If the lease has a clause requiring more notice, remember that it probably cannot be enforced.
D. Examples (tenants-please call and discuss should you have questions – attorney provided examples)
1. Resident gives landlord notice on 5th of September saying he is leaving on the 30th of September. - Result: This is proper notice and the resident must pay the entire month’s rent for September.
2. **Resident gives landlord notice on 5th September saying she is leaving on the 20th of September. - Result: This is likely proper notice, but the resident must pay the entire month’s rent for September. No prorated rent is due back.
3. **Resident gives landlord notice on 5th of Sept. saying he is leaving on the 10th of Sept.. - Result: Although not 15 days’ notice, this notice will likely hold up, but the resident must pay the entire month’s rent for Sep. No prorated rent is due back.
4. Resident gives landlord notice on 20th of Sept. saying she is leaving on the 30th of September. - Result: This is short notice and resident must pay or will owe the entire month’s rent for October unless the landlord re-rents the unit prior to Oct. 31.
5. **Resident gives landlord notice on 1st of September saying he is leaving on the 16th of September. - Result: This is likely proper notice, but the resident must pay the entire month’s rent for September. No prorated rent is due back.
6. Resident gives landlord notice on the 20th of Sept. saying she is leaving on the 5th of Oct. - Result: This is short notice and resident must pay or owe the entire month of October unless the landlord re-rents the unit prior to October 31.
**In examples 2, 3, and 5 above, the resident does not actually inform the landlord that he or she will be out Sept. 30. The landlord’s nonrenewal notice to the tenant must be accurate concerning this date. It is usually a good idea to “cross-notice” the resident with your own notice of nonrenewal in these situations; this will also clarify your position that full Sept. rent is owed.
E. Security deposits balances will be processed/disbursed within 15 days of the later of CHECKOUT or end of lease. The Tenant(s) hereby authorizes the agent for owner to deduct amounts of unpaid tenant bills or actual tenant cost assumed by the owner/agent for owner from the security deposit and/or guarantee in the event these amounts are unpaid by the tenant(s) including all of the items called for in the “*Check Out Inspection Requirements Addendum*”.
F. DISPUTES AND LITIGATION: In the event of a dispute concerning the security deposit, guarantee and tenancy created by this agreement, TENANT agrees that if the premises are being managed by an agent for the owner of record; TENANT agrees to hold agent, its heirs, employees and assigns harmless and shall look solely to the owner of record of the premises in the event of a legal dispute.
G. Alternately, you may provide funds and authorize Aamerican Property Management to do end of lease inspection, preparation, cleaning and repairs deducting costs from the security deposit. Accounting is provided.
Tenant(s) Issue 15-Day Notice: ____________ _____________ Date: ___/____/____
Signature Signature
Tenant(s) Issue 15-Day Notice: _____________ _____________ Date: ___/____/____
Signature Signature
Aamerican Property Management, LLC
Early Termination/Notice Of Surrender
Tenants:
Property:
83.43 Definitions (17) "Early termination fee" means any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement, as provided in the agreement, and vacates a dwelling unit before the end of the rental agreement. An early termination fee does not include:
(a). Unpaid rent and other accrued charges through the end of the month in which the landlord retakes possession of the dwelling unit. (b). Charges for damages to the dwelling unit. (c). Charges associated with a rental agreement settlement, release, buy-out, or accord and satisfaction agreement.
The herein named tenant(s) now willingly agree(s) to surrender all rights, privileges, occupancy, possession, and use of the subject property on the ___day of _____________, 201___ (“EFFECTIVE DATE”) as confirmed by signatures below.
a. (____)(____) For “Early Termination” the Tenant(s) acknowledge(s) continuing responsibility for a maximum of 2 additional months of the lease for all the conditions of the lease including rent payment for all days until a replacement tenant is secured by the owner or representative thereof, responsibility to pay the rental fees/commissions (usually 50% of the monthly rental amount), and responsibility for the repairs and/or cleaning as stated in the lease/rental agreement. (This option is based upon the maximum 60-day notice requirement, the requirement that the landlord cannot collect double rent, and the responsibility of the landlord to make a “good-faith effort” to re-rent the property).
b. (____)(____) Alternately by checking & initialing the tenant(s) have/has opted/chosen to pay an amount equal to two months rent, plus the charges accrued through the end of the month in which the landlord retakes possession of the dwelling unit, plus charges for damages and/or cleaning the dwelling unit if tenant(s) elect this “Option b.” to terminate the rental agreement early.
c. (____)(____)Agree to neither a.) or b.) above (lease will remain in full force until expiration). If tenant(s) elect this “Option” and tenants hereby acknowledge that the Agent for owner may seek damages (and all rent) as provided by law.
CONFIRMATION OF VACATING/SURRENDERING PREMISES
TENANT(S)hereby acknowledge and agree that the premises will have been completely vacated by “THE SURRENDER DATE” and Tenant(s) will have fully relinquished possession of the premises by “THE SURRENDER DATE”.
TENANT(S) affirm that any items remaining in or on the premises may be discarded, destroyed or disposed of in any manner property manager or owner sees fit.
TENANT(S) agree that the property manager or owner may immediately secure the premises and/or change the locks.
FOR “OPTION A. ABOVE” the Tenant(s) acknowledge continuing responsibility for all the conditions of the lease including rent payment for all days until a replacement tenant is secured by the owner or representative thereof, responsibility to pay the rental fees/commissions (usually 50% of the monthly rental amount), responsibility for maintain all utilities in their name(s), responsibility for payment of all utilities and responsibility for the repairs and/or cleaning as stated in the lease/rental agreement.
THE TENANT(s) hereby authorizes the agent for owner to deduct amounts of unpaid bills or actual cost assumed by the owner/agent for owner from the security deposit and/or guarantee in the event these amounts are unpaid by the tenant(s) including all of the items called for in the “Check Out Inspection Requirements Addendum”.
DISPUTES AND LITIGATION: In the event of a dispute concerning the security deposit and tenancy created by this agreement, TENANT agrees that if the premises are being managed by an agent for the owner of record. TENANT agrees to hold agent, its heirs, employees and assigns harmless and shall look solely to the owner of record of the premises in the event of a legal dispute.
House Bill No. 1489
An act relating to residential tenancies; amending s. 83.43, F.S.; redefining the term "rental agreement"; defining the term "early termination fee"; amending s. 83.595, F.S.; allowing a landlord to terminate a rental agreement and recover liquidated damages or charge the tenant an early termination fee for breach of the agreement, or both, under certain circumstances; requiring the tenant to indicate acceptance of an early termination fee or liquidated-damages provision in the rental agreement in order for the provision to take effect; providing a limit on the combined total of damages and fees; providing liability of the tenant for rent, other charges due, and rental concessions; providing an effective date.
TENANTS AGREE TO ADHEAR TO CHECK OUT INSPECTION REQUIREMENTS
Tenant _____________________ Tenant _____________________
Print_________________ Print_______________
.
