Tenant(s): ______, ______, ______, ______ Landlord(s) or Landlord Representative: ______, ______ Page 1 of 6
FLORIDA RESIDENTIAL LEASE AGREEMENT OR
MONTH-TO-MONTH RENTAL AGREEMENT
THIS LEASE AGREEMENT (hereinafter referred to as the Agreement) made and entered into this ____________ day of
____________________________, 20____, by and between __________________________________________________________,
whose address is ______________________________________________________________ (hereinafter referred to as Landlord)
and __________________________________________________________________________ (hereinafter referred to as Tenant).
WITNESSETH:
WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in _______________________ County,
Florida, such real property having a street address of ________________________________________________________________
(hereinafter referred to as the Premises).
WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and
WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein;
NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. TERM. This Agreement shall commence on ________________________ (“Commencement Date”). [check either A or B]:
A. Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate
the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be
provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to
terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days
prior to the desired date of termination of the tenancy. Notices to terminate may be given on any calendar day, irrespective of
Commencement Date.
B. Lease: This Agreement shall continue as a lease for term. The termination date shall be on (date) ___________________ at
11:59 PM. Upon termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances
occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed
agreement; (ii) local rent control law mandates extension of the tenancy; or (iii) Landlord willingly accepts new Rent from
Tenant, which does not constitute past due Rent. In the event that Landlord accepts from Tenant new rent, a month-to-month
tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in
paragraph 1A. Rent shall continue at the rate specified in this Agreement, or as allowed by law. All other terms and conditions as
outlined in this Agreement shall remain in full force and effect.
2. RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in
accordance with this Agreement. However, the Damage Deposit shall not be considered Rent. Tenant shall pay to Landlord
____________________________________________________________________________ DOLLARS ($______________)
per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and
shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent
on the 2nd day of each calendar month. In the event that the Commencement Date is not the 1st of the calendar month, Rent
payment remitted on the Commencement Date shall be prorated based on a 30-day period.
Acceptable forms of payment of Rent to Landlord shall be [check all that apply]: personal check, money order,
cashier’s check, or other: ________________________________________. Payment shall be made to Landlord under
the following name and address: _____________________________________________________________________________
_______________________________________________________________________________________________________.
In the event that any payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant stops payment, Landlord may
require in writing that Tenant pay Rent in cash for three months, and that all future Rent payments shall be remitted by Tenant to
Landlord by money order or cashier’s check.
3. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of
________________________________________________________________________ DOLLARS ($__________________)
receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof.
Tenant(s): ______, ______, ______, ______ Landlord(s) or Landlord Representative: ______, ______ Page 2 of 6
Such deposit shall be returned to Tenant, without interest, and less any set off for damages to the Premises upon the termination
of this Agreement.
Landlord will hold Tenant’s security deposit in an account in the following Florida banking institution: ____________________
_____________________________________________________. Landlord will not commingle the security deposit funds with
those funds in the Landlord’s primary bank account. Rather, Landlord will maintain the security deposit funds in a separate non-
interest bearing account for the benefit of the Tenant. Accordingly, Tenant will NOT receive any interest on the security deposit.
In accordance with Florida law (Florida Statute Section 83.49), Landlord is required to include in Tenant’s lease the following
provisions regarding return of security deposits. Florida Statute Section 83.49(3):
(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 know mailing address of his or her
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 Tenant’s 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 you
security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security
deposit. Tenant’s objection must be sent to (landlord’s address). If the landlord fails to give the required notice within the 30-day
period, he or she forfeits 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 or her 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 the party’s 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.
(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-
licensed real estate brokers and sales associates, shall constitute compliance with all other relevant Florida Statutes pertaining to
security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look
solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 an in other
sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit
money without having to comply with the notice and settlement procedures contained in s.475.25(1)(d).
4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenants immediate family, consisting of
___________________________________________________________________________________, exclusively, as a private
single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the
purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family
dwelling. Tenant shall not allow any other person, other than Tenants immediate family or transient relatives and friends who
are guests of Tenant, to use or occupy the Premises without first obtaining Landlords written consent to such use. Tenant shall
comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities
affecting the cleanliness, use, occupancy and preservation of the Premises.
5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they
are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.
6. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the
Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-
letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-
letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be
absolutely null and void and shall, at Landlords option, terminate this Agreement.
7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises
or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any
and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise
provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the
Premises at the expiration or earlier termination of this Agreement.
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8. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the
commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability,
but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to
give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental
herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its
agents, then this Agreement and all rights hereunder shall terminate.
9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive
character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous
or extra hazardous by any responsible insurance company.
10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises.
11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances
in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the
generality of the foregoing, Tenant shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress
and egress only;
(b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
(c) Not obstruct or cover the windows or doors;
(d) Not leave windows or doors in an open position during any inclement weather;
(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any
yard area or space;
(f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
(g) Keep all air conditioning filters clean and free from dirt;
(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same
only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or
other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped
plumbing resulting from misuse shall be borne by Tenant;
(i) And Tenants family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall
not make or permit any loud or improper noises, or otherwise disturb other residents;
(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere
with other residents;
(k) Deposit all trash, garbage, rubbish or refuse in the locations provided and shall not allow any trash, garbage, rubbish or refuse
to be deposited or permitted to stand on the exterior of any building or within the common elements;
(l) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto
which may be adopted or promulgated by the Condominium or Homeowners Association having control over them.
12. INSURANCE. Landlord, Landlord’s agent or manager, or, if applicable, the Condominium or Homeowners’ Association, are
not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to
theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry
Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. The parties agree that, upon
notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or
Tenant shall pay for the increase in premium); or (ii) loss of insurance.
13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm,
earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for
the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for
by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to
such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered
uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In
the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the
injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after
which the full rent shall recommence and the Agreement continue according to its terms.
14. INSPECTION OF PREMISES. Landlord and Landlords agents shall have the right at all reasonable times during the term of
this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and
improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by
Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the
Premises and to display the usual for sale, for rent or vacancy signs on the Premises at any time within forty-five (45) days
Tenant(s): ______, ______, ______, ______ Landlord(s) or Landlord Representative: ______, ______ Page 4 of 6
before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures,
alterations, or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.
15. SUBORDINATION OF LEASE. This Agreement and Tenants interest are and shall be subordinate, junior and inferior to any
and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such
mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or
encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.
16. TENANTS HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural
expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be
subject to all of the terms and conditions hereof except that rent shall then be due and owing at ___________________________
______________________________________________________ DOLLARS ($______________) per month and except that
such tenancy shall be terminable upon thirty (30) days written notice served by either party.
17. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state
and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the
elements excepted.
18. ANIMALS. Tenant shall be entitled to keep no more than ____________ (_____) domestic dogs, cats or birds; however, at such
time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of
_____________________________________________________________________________ DOLLARS ($______________),
___________________________________________________________________________ DOLLARS ($______________) of
which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning
the carpets of the building.
19. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenants
performance of all Tenants agreements contained herein and Tenants observance of all rules and regulations, shall and may
peacefully and quietly have, hold and enjoy said Premises for the term hereof.
20. INDEMNIFICATION. LANDLORD SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY OF OR TO THE
TENANT, TENANT’S FAMILY, GUESTS, INVITEES, AGENTS OR EMPLOYEES OR TO ANY OTHER PERSON
ENTERING THE PREMISES OR ANY BUILDING THAT IS A PART OR LIES UPON THE PREMISES, OR TO GOODS OR
EQUIPMENT, OR IN THE STRUCTURE OR EQUIPMENT OF THE STRUCTURE OF WHICH THE PREMISES ARE A
PART, AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD LANDLORD HARMLESS FROM ANY
AND ALL CLAIMS OR ASSERTIONS OF EVERY KIND AND NATURE. THIS INDEMNIFICATION INCLUDES, BUT IS
NOT LIMITED TO, ANY DAMAGE OR INJURY WHICH MAY BE INCURRED BY TENANT, TENANT’S FAMILY,
GUESTS, INVITEES, AGENTS OR EMPLOYEES OR TO ANY OTHER PERSON FOR DAMAGE OR INJURIES THAT
ARISE FROM ANY CONTACT, ATTACK OR INTERACTION FROM OR WITH ANY ANIMALS, DOMESTIC OR WILD,
WHETHER SUCH DAMAGE OR INJURY OCCURS ON THE PREMISES OR OFF, AND TENANT HOLDS HARMLESS
THE LANDLORD FROM ANY AND ALL CLAIMS OR ASSERTIONS OF EVERY KIND AND NATURE FOR ANY
DAMAGE OR INJURY TENANT ATTRIBUTES TO ANY ABSENCE OR FAILURE OF FENCING THAT MAY BE ON OR
SURROUNDING THE PREMISES.
21. DEFAULT. If Landlord determines that the Tenant is in default of this Agreement, Landlord shall provide Tenant with a notice
of default, and Tenant shall have a limited number of days to cure the default unless otherwise excepted: (a) for the failure to pay
rent when due, Tenant shall have three (3) days to cure; (b) for activities in contravention of this Agreement (including but not
limited to having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such
parking; or failing to keep the premises clean and sanitary), the Tenant shall have seven (7) days to cure. If Tenant fails to cure
the default within the required time frame, Landlord may immediately terminate this Agreement, and Tenant shall immediately
vacate the Premises and shall return the keys to Landlord. However, if Tenant’s default is of a nature that Tenant should not be
given an opportunity to cure the default (including but not limited to destruction, damage, or misuse of Landlord's or other
tenants' property by intentional act or a subsequent or continued unreasonable disturbance), or if the default constitutes a
subsequent or continuing default within twelve (12) months of a written warning by Landlord of a similar violation, Landlord
may deliver a written notice to Tenant specifying the default and Landlord's intent to terminate this Agreement. In such event,
Landlord may terminate this Agreement, and Tenant shall have seven (7) days from the date that the notice is delivered to vacate
the premises. In addition, if this Agreement is terminated pursuant to this paragraph, Landlord may, at Landlord's option, declare
the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies
available to Landlord at law or in equity.
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22. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within three (3) days of
when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a late fee in the amount of
___________________________________________________________________________ DOLLARS ($______________).
23. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof,
Landlord may, at Landlords option, obtain possession of the Premises in the manner provided by law, and without becoming
liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlords discretion, as agent for
Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired
term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlords option, hold Tenant liable for any
difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this
Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlords
right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal
property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all
such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.
BY SIGNING THIS AGREEMENT, TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED
BY CHAPTER 83, FLORIDA STATUTES, LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR
DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.
24. ATTORNEYS FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or
covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so
incurred, including a reasonable attorneys fee.
25. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the
event that Tenant shall record this Agreement, this Agreement shall, at Landlords option, terminate immediately and Landlord
shall be entitled to all rights and remedies that it has at law or in equity.
26. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of Florida.
27. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be
invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or
circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
28. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of
the heirs, legal representatives, and assigns of the parties hereto.
29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not
intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.
30. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
31. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenants duties
and liabilities hereunder.
32. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this
Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of
the parties hereto.
33. WAIVER OF JURY TRIAL. LANDLORD AND TENANT HAVE SPECIFICALLY WAIVED THE RIGHT TO A JURY
TRIAL CONCERNING ANY DISPUTES WHICH MAY ARISE CONCERNING THIS AGREEMENT, SPECIFICALLY BUT
NOT LIMITED TO, ANY ISSUES INVOLVING TENANT’S TENANCY.
34. RADON NOTIFICATION. Pursuant to Florida Statute 404.056(8), Tenant is notified: RADON GAS: Radon is a naturally
occurring radioactive gas that, when it has accumulated in the building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon gas that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit.
35. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if
sent by United States certified mail, return receipt requested, addressed as follows:
Tenant(s): ______, ______, ______, ______ Landlord(s) or Landlord Representative: ______, ______ Page 6 of 6
If to Landlord to: If to Tenant to:
________________________________________ ________________________________________
[Landlords Name] [Tenants Name]
________________________________________ ________________________________________
________________________________________ ________________________________________
[Landlords Address] [Tenants Address]
Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by
written notice thereof to the other party. TENANT HEREBY WAIVES HIS OR HER RIGHT TO NOTICE PURSUANT TO
FLORIDA STATUTE 715.104.
36. ADDITIONAL PROVISIONS; DISCLOSURES. _____________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
[Landlord should note above any disclosures about the premises that may be required under Federal or Florida law, such as known lead-based paint hazards in the
Premises. The Landlord should also disclose any flood hazards.]
Landlord:
LANDLORD (LANDLORD):
Sign: _________________________________________ Print: _________________________________________
LANDLORD (LANDLORD):
Sign: _________________________________________ Print: _________________________________________
Tenant:
TENANT (TENANT):
Sign: _________________________________________ Print: _________________________________________
TENANT (TENANT):
Sign: _________________________________________ Print: _________________________________________
TENANT (TENANT):
Sign: _________________________________________ Print: _________________________________________
TENANT (TENANT):
Sign: _________________________________________ Print: _________________________________________
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