This Agreement is entered into by and between the undersigned Owner(s),
hereinafter called Owner, and All Beach Apartment Management, Inc.,
hereinafter called Company, with regard to the property known as:
Personal Property Included: [__] Yes or [__] No
If Yes, see attached schedule [__] for items included or list here:
1. Company Obligations:
a. Inspect and report on condition of property at the commencement of
this agreement, and schedule necessary cleaning, painting, and other
services to ready the property for occupancy.
b. Collect all rents and security deposits, which rents and security
deposits shall be paid to and deposited in Company account. Any tenant
security deposit and "advance rent" must be retained by Company for
return to or use of the tenant and cannot be used to pay Owner's current
expenses. These sums will be held, as per Florida Statutes, in a
separate non-interest bearing account for the account of the tenant(s)
c. Interface with tenants.
d. Schedule and supervise necessary repairs.
e. Arrange payment of invoices from repairmen, suppliers, etc. on behalf
of owner, from Owner's funds. However this agreement shall not be
construed in any way that the Company is financially responsible for
f. Process eviction, should such be necessary, up to the point of
serving Tenant with a 3-Day Notice. Should further action be necessary,
an attorney must be retained at Owner's expense. Company will provide
interface and follow-up with Owner's attorney. Assist at removal of
Tenant by Sheriff is Writ of Possession is executed.
g. Prepare complete records with monthly statements of account.
h. Prepare year-end statement of income and expenses.
i. Inspect and report on condition of property at end of tenancy, and
schedule necessary cleaning, painting and other services to ready the
property for future occupancy.
j. In any month in which the balance in Company's account on behalf of
Owner exceeds the amount need to cover the security deposits, prepaid
rents, the $500.00 minimum balance referenced in 2(a) plus current
expenses, Company will promptly remit to Owner the excess.
2. In consideration of the above, Owner agrees to:
a. Pay Company a management fee while Property is occupied of 5% of the
monthly rent or $75.00, whichever is greater. Minimum maintenance fee
for unoccupied unit to be $75.00 per month. Maintenance fees shall be
prorated as required for partial months.
b. Pay all expenses incurred by or ordered by Company with regard to the
c. Timely pay condo maintenance fees, mortgage, taxes, and any other
fees and payments due on behalf of the property.
c. Deposit immediately upon execution of this contract and maintain in
Company's account on Owner's behalf a fund of not less than $500.00 per
unit for payment of necessary repairs and emergencies. If funds in
Company's account fall below this amount, these monies must be
replenished within 15 days of demand by Company.
d. Maintain insurance on the property to cover injuries to or damage by
contractors, or external forces.
e. Immediately refer to Company for attention all inquiries relative to
f. Make the Property available for inspection and repairs at reasonable
g. Grant Company the sole right, for the duration of this Agreement, to
install and display a management sign on the Property in keeping with
all county and city ordinances currently in effect.
h. Permit Company to place a lien of the Property for any unpaid sums.
i. Provide documentation necessary for execution of Company's duties,
including but not limited to service contracts, equipment warranties and
instruction manuals, condominium rules, emergency contact information,
3. Owner hereby warrants that he is the title holder or has legal
authority to sign this Agreement.
4. Any reference to Owner in this Agreement shall include all owners of
the Property who shall be jointly and severally obligated under the
provisions herein stated.
5. It is agreed that the Property is in full compliance with federal,
state, and local fair housing laws against discrimination on the basis
of race, color, religion, sex, age, familial status, handicap, or
6. Time shall be of the essence. This Contract shall be binding on the
parties, their heirs, personal representatives, successors, and assigns.
This Contract may be signed in two or more counterparts. No modification
or changes to this Agreement shall be valid or binding upon the parties
unless in writing and signed by all parties hereto, but nothing herein
contained shall preclude Company from freely assigning Its interest in
7. Owner agrees to indemnify and hold harmless Company and those relying
thereon for damages resulting from the inaccuracy of said information
and from Owner's failure to disclose any facts materially affecting the
value or desirability of the Property. If any action is brought by any
party against the Company for the Company's failure to disclose said
facts, other than those specifically set forth above, Owner hereby
agrees to indemnify the Company and hold Company harmless from and
against any and all claims, liabilities, damages, cost and expense,
including attorney's fees and costs incurred by Company, in connection
with or arising out of the Company defending said action.
8. The management fee herein referenced is in addition to and separate
from any real estate commissions which may be due to any Broker(s)
participating in the rental of the subject property.
9. Owner recognizes that during the early months of the rental period,
that the combined expenses for upkeep and maintenance fees will probably
exceed the rents collected and that Owner will not be entitled to any
payments until the balance of such fees is brought up to date. In
addition, Owner may be required to make additional payments to bring his
account current. Owner also recognizes that Company cannot disburse
against uncollected funds.
10. This Contract shall remain in effect for a minimum period of 12
months from date of execution, or until 30 days after the expiration of
any lease agreement entered into while this agreement remain in effect,
whichever is later ("Contract Period"). Both parties agree that this
agreement shall automatically renew for a subsequent Contract Period on
the same terms, unless written notice is received no less than 60 days
prior to the expiration of the Contract Period.
11. If in Company's sole discretion Company is unable to adequately
perform the services called for under this Contract, Company may
terminate this Contract upon 30 days written notice to Owner.
12. Upon termination of this Contract, Company will promptly submit a
final accounting and remit any funds being held on Owner's behalf.
13. In the event any litigation arises out of this Contract, the
prevailing party shall be entitled to recover attorney's fees and costs
including at trial and appellate levels.
14. Owner hereby authorizes Company, through its officers, to negotiate
and enter into a lease for the Property and to sign any documents
required to form the Tenancy including but not limited to Leases,
Addendae to Leases, Memoranda or Contracts-For-Lease.
15. Owner authorizes Company, through its officers, to sign a listing
agreement and list the Property for Lease with a Florida Real Estate
Broker at prevailing rates and terms for the procurement of a Lease of
the Property and agrees to be bound by any such agreements thus formed.
16. Owner authorizes Company to engage an attorney or attorneys to
represent Owner in any legal action relating to the Property, including
but not limited to bringing suit for collection of past due rents,
tenant evictions, response to suits in which Landlord is named as a
defendant relating to the operation of or ownership of the Property and
to pursue any remedies or defend in any actions between Owner and the
Condominium Association for the Property.
17. Facts materially affecting the value or desirability of the
18. Broker Fees: Notwithstanding any past practice, modification to
existing or prior listing agreement or informal arrangements supposedly
in effect, Company will debit and pay to listing broker, commissions of
10% on all renewals or extensions of any and all tenancies.
19. Additional Clauses
20. Service is to start, and management fees shall accrue
beginning___________________________ [immediately if left blank].