Filing # 187156399 E-Filed 12/05/2023 09:21:54 AM
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`16-2023-CC-019155-XXXX-MA Div: CC-G
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`IN THE COUNTY COURT, FOURTH
`JUDICIAL CIRCUIT IN AND FOR
`DUVAL COUNTY, FLORIDA
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`BRANDYWINE HOMES USA, LLC.,
`Plaintiff,
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`vs.
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`CASE NO.:
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`DIVISION:
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`SARA J. FIELDS and
`MARK J. KULBACKI,
`Defendant(s).
`______________________________________/
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`COMPLAINT FOR RESIDENTIAL EVICTION
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`COMES NOW, the Plaintiff, BRANDYWINE HOMES USA, LLC. (“Plaintiff”), by and
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`through its undersigned attorney, brings this Complaint for Residential Eviction against
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`Defendant(s), SARA J. FIELDS and MARK J. KULBACKI (“Defendant(s)”) for possession of
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`real property pursuant to 83.40, Fla. Stat. and alleges the following:
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`1. This is an action to remove the tenant(s) from and regain possession of real property located
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`in Duval County, Florida and therefore venue is proper pursuant to 47.011, Fla. Stat.
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`2. Plaintiff owns, or is the authorized agent for the record owner, the following described real
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`property located in Duval County: 7524 Saundersville Ct., Jacksonville, FL 32244
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`(“Premises”).
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`3. Defendant(s) has possession of the real property under a written lease agreement (“Lease”)
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`to pay rent in the amount of $1,825.00 (inclusive of pet fees and residential benefits
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`package) payable monthly on the first of every month. A copy of said Lease is attached
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`hereto as Exhibit ‘A.’
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`4. Upon the Expiration Date, Defendant(s) tenancy continued on a month to month basis at
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`any increased rental rate of $2,080.00.
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`5. Defendant(s) failed to pay the rent due for the full October and November 2023 rental
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`periods, thereby owing $3,830.00 (inclusive of late fees as additional rent).
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/05/2023 02:51:55 PM
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`6. On or about November 8, 2023, Plaintiff served Defendant(s) with a notice to pay the
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`rent due or deliver possession, but Defendant(s) does neither. A copy said notice is
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`attached hereto as Exhibit ‘B.’
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`7. Plaintiff has retained Edwards & Edwards, P.A. to represent it in this action. As such,
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`Plaintiff is entitled to recover its reasonable attorney’s fees and costs pursuant to the Lease
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`and Florida Statute §83.48.
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`WHEREFORE, Plaintiff respectfully requests this Court enter a final judgment for
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`possession of the property in favor of the Plaintiff and against Defendant(s), reasonable attorney’s
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`fees and costs, and any other relief this Court deems appropriate and just.
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`Respectfully submitted,
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`EDWARDS & EDWARDS, P.A.
`Attorneys for the Plaintiff
`6620 Southpoint Dr. S. | Suite 200
`Jacksonville, FL 32216
`Ph.: (904) 222-0829
`Designated eService Address:
`Service@EdwardsEdwardslaw.com
`
`/s/ Joel J. Kelley
`___________________________________
`Joel J. Kelley, Esq.
`FBN: 106431
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` EXHIBIT A
`EXHIBIT A
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`(g) Total Amount Due Each Month:
`Total Amount Due Each Month (“Monthly Rent”) shall be as follows:
`From 10/19/2022 to 10/18/2023 Total Monthly Rent shall be $1837.50
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`Rent Payable To:
`Brandywine Homes USA. Rent payments must be paid online through the payment portal provided by Landlord to avoid late fee. Any
`payments not made online shall be sent to Landlord’s Address for Paymentslisted above at a $10 fee per check or moneyorder.
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`(h) One Time Lease Administration Fee:
`This is a one time fee of $100.00 for all new leases for the administration of the new lease andall related set up for thatlease.
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`(i) Security Deposit:
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`$1,775.00
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`(j) Pet Fee
`shall be paid by Tenant to Landlord in the amountof $300 prior to lease commencement. This is a one-time non-refundablefee.
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`(k) Prorated Rent:
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`This is a calculation of the partial month's rent that is due and payable prior to move in. This covers the day of move in through the end of
`your first month. Please note that moveins on the 24th of the month andlater will need to be the first month's prior to movein as well.
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`1.L Total Moneys Due on Lease
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`Execution or Prior to Commencement Date of Lease, including the Security Deposit:
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`Monthly:
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`a. Monthly Rent:
`lb. SmartHomeFee:
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`$1,775.00
`$n/a
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`ic. Pool Maintenance Fee(If applicable)$n/a
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`@.PetRent ~~~«*#25.00
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`e.ResidentBenefitPackagegonqg
`kEenceFee:==~~~~~~«&#AN/a
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`g. Total Monthly Sub-Total Year 1
`$1837.50
`lh. Lease Administration Fee (One
`Time Fee
`#100
`i. Security Deposit:
`$ $1,775.00
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`j.Non-RefundablePetFees: —-(§300
`k.ProratedRent=803.33
`ndDepeattforMove In
`$2978.33
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`1.L Utilities:
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`Except as otherwise indicated below, Tenant shall pay for all utilities at the Residence including but not limited to gas, electricity, water,
`sewer, trash, telephone, cable, television and internet. Landlord shall pay for the following utilities which are included with Monthly Rent:
`N/A
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`Administrative Fee for Failure to Set Up Transferable Utilities: $25/mo./billplustheactualamountdue.billed
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`1. M Potential Fees
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`1. Late Fee:
`2. Non-Electronic Payment Fee:
`3. Returned Check/NSF Fee:
`4. Violation Notification Fee:
`occurrence, $50 each subsequent
`5. Month to Month Fee:
`6. Holdover Charges:
`7. Early Termination Fee:
`8. Eviction Fee:
`expenses suchas attorneyfee,
`9. Missed Appointment Fee
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`$100 per occurrence
`$10 per occurrence
`$50 per occurrence
`$15 first occurrence, $25 second
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`occurrence, plusactual fine
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`$250 per month
`200% of Monthly Rent
`*Requires 30 day paid notice period.*
`Equal to two month’srent.
`$250 fee plusall reimbursable
`court cost,filing fee, etc.
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`$75 per occurrence
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`2
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`1.2 LEASE OF RESIDENCE
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`Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the residence as described in Section 1 subject to the terms and
`conditions containedin this lease.
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`The lease Term shall begin on the Commencement Date and end on the Expiration Date at 5:00 p.m. Tenant shall vacate the Residence
`upon the expiration or earlier termination of this lease, unless:(a) this lease is extended or modified in accordance with applicable laws, (b)
`Landlord and Tenant have extended this Lease in writing or signed a new lease agreement, or (c) the Lease Term becomes month-to-month
`pursuantto the following paragraph.
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`Either party may terminate this Agreementat the end of the term by giving the other party at least thirty (30) days’ written notice prior to the
`end of the Term, delivered by certified mail. If no such notice is given by either party, then the Term of the Agreementwill be automatically
`extended on a month-to-month basis at the new rental rate offered plus an additional $250.00/month. This will remain in effect until either
`party terminates the Agreement by giving the other party thirty (30) days’ written notice delivered by certified mail. During such time
`as Tenant remains on month-to-month basis, Landlord and Tenant shall remain bound by the terms of Agreement other than that which
`pertainsto the initial Term rent amount.
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`1.3 RENTAL CHARGES AND PAYMENTS
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`If the CommencementDate is on the first day through the 24th day of any month,the rent shall be prorated for that month, and dueprior to
`movein. If the Commencementdate is on the 25th — 31st of the month the prorated rent plus the next month’s full rent must be paid prior
`to movein.
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`Every month thereafter, Tenant must pay rent on or before the 1st day of each month with 4 daysof grace period. The followinglate fees will
`apply for payments madeafter the grace period:
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`A.Late fee rule:
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`If monthly rent paymentis received in full on or before 11:59 PM on the 5th day of the month in whichit is due, no late fee will be charged.
`If rent has not been paid in full before the 6th day, tenant agrees to pay a one-timelate fee of $100.00. If rent is not paid in full prior to the
`8th day, Landlord will initiate eviction process.
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`B. Payments:
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`Payments must be madeonline utilizing the tenant portal with ACH, Debit cards, or credit cards. Physical payments such as personal check,
`moneyorder, and cashier’s check will incur a $10.00 transaction fee per check or money order. Physical payments must be brought to or
`mailed to the address above in 1B. (Check with your local property manager as this may not be an office location, but rather a location to
`bring payments).
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`Mailing the rent payment shall not constitute payment. Rent must be physically received by Landlord to be considered paid.
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`Tenant acknowledgesthatall funds received by Landlord will be applied to the oldest outstanding balance owed by Tenant to Landlord.
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`A charge of $50 will apply for every returned check or rejected electronic payment plus the amountof any fees charged to the Landlord by
`any financial institution as a result of the check not being honored, plus any applicable late fee charges. If Tenant does not pay rent on time,
`Tenant will be delinquent and all remedies under this Lease Agreementwill be authorized.
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`If the Tenant does not pay on or before the 8th day of the month, then the account will be forwarded to an attorney to begin the eviction
`process. The Tenant agrees to pay an additional $250 eviction processing charge in additiontolate fees, all reimbursable attorney fees,filing
`fees, and court costs.
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`Landlord may change the termsof this Lease Agreementin accordance with applicable law.
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`1.4 HOLD FEE
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`If the property is being leased prior to the property being available for showingsthe residentwill still be required to pay the security deposit
`within 48 hoursof lease signing. The resident will be notified once the property is ready to be viewed. The resident has 48 hoursto view the
`property. If the resident refuses to accept the property within 48 hoursof notification for viewing then security deposit will be returned less
`a hold fee of $500 and the lease shall be terminated.
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`1.5 SECURITY DEPOSIT
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`Thetotal security deposit at the time of execution of this Lease Agreementfor all Tenants in the unit is $1,775.00 The security deposit
`is due 24 hoursafter lease signing. Howeverif the lease signing date is within 7 days of lease start date the funds must be paid with
`certified funds. Leases signed with more than 7 days before the start of the lease may pay their security deposit online.
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`Landlord will provide Tenant with a “Movein Inspection Form”attached hereto and incorporated herein by reference itemizing any existing
`damages to Premises. Upon taking occupancy, Tenant will be given the right to inspect Premises to ascertain the accuracy of the form. Both
`Landlord and Tenant shall sign the form and Tenant shall be entitled to retain a copy of the form. Tenant acknowledges that Tenant has
`carefully inspected the Premises, is familiar with the same and that the Premisesare in a good and habitable condition.
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`If the tenant fails to return the “Move in Inspection Form” within 3 days of lease commencement, the tenant deems the property in good,
`habitable condition, and free of defects.
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`Landlord shall provide Tenant with a Move Out Statementlisting the exact reasons for the retention of the Security Deposit or for any
`deductions therefrom.If the reason for the retention is based upon damage to Premises, such damagesshall be specifically listed in the Move
`Out Statement. Tenant shall have the right to walk the home with Landlord to review condition upon Move Out.
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`Tenant shall NOT havethe right to apply the security deposit in paymentfor the last month's rent.
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`After move out, landlord shall have the right to deduct from the Security Deposit: (1) the cost of repairing any damage to Premises other
`than normal wear and tear caused by Tenant, Tenant’s household ortheir invitees, licensees and guests; (2) unpaid rent, utility charges or
`pet rent; (3) cleaning costs if Premisesis left unclean; (4) the cost to remove and dispose of any personal property;(5) late fees and any other
`unpaid fees, costs and charges referenced herein; (6) Full cost of carpet cleaning unless a receipt for professional carpet cleaning servicesis
`left at the property.
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`If the refundable portion of the security deposit is depleted due to late charges, returned check fees, eviction fees or other charges the Tenant
`is responsible for, the Tenant agrees to restore the refundable portion of the deposit to the original amount paid upon written demand by
`the Landlord. If Tenantfails to comply within five (5) days after written notice of a deposit account deficiency, Landlord may terminate this
`Agreement. Ifa Tenant obtains a pet without written approval from Landlord, the security deposit is forfeited and, at Landlord's option,the
`Agreement may be terminated.
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`Security deposit will be held in a non-interest-bearing escrow accountin the name of Brandywine Homes USA,at Bank of America.
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`1.6 PARTIES AND OCCUPANTS
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`The Premises will be occupied exclusively by the Tenant(s) listed above and .The Landlord must approve unauthorized occupantsliving in
`the premises for longer than 15 consecutive days. The new occupant must apply with the property managementoffice and receive approval
`priorto residing on the premises. The new occupant and current lease holders will be required to sign a new lease or addenda. Accordingly,
`only the aforementioned people in section 1.C are authorized to reside in and occupy the Premises.
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`Pets. The premises may also be occupied by certain pets, with Landlord’s prior approval. Approved Pets must be named /described within
`the attached pet addendum andare subjectto all terms and conditions contained in the pet addendum.
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`1.7 NO SMOKING
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`Premises shall be a smoke free zone and smoking shall not be permitted therein.
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`1.8 UTILITIES
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`Tenant will pay forall utilities, related deposits, and any charges, fees, or services on suchutilities. Tenant must present to Landlord, prior
`to the move in date, confirmation of utilities being in the name of Tenant. Landlord does not guarantee or warrant that there will be no
`interruptionof utility service. Tenant shall contact the utility service provider in the event of an interruption of service. If Tenant's electricity
`is ever interrupted, Tenant must use only battery-operated lighting. Tenant is required to maintain all appropriate utilities throughoutthe
`duration of the lease including water, gas, electricity, trash service, etc. as applicable. Please contact our utility concierge at (972) 332-1440 for
`assistance with setting up your utilities.
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`1.9 INSURANCE
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`Tenantis required to provide proofof the following minimum insurance coverage prior to movein and is required to maintain this coverage
`during the term ofthe lease:
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`$100,000 Limit of Liability for Lessee’s legalliability for damage to the landlord’s property for no less than the following causesofloss:fire,
`smoke, explosion, water damage, backup or overflow of sewer, drain or sump (“Required Mandatory Insurance”).
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`Failure to provide proof of coverage will result in an additional $12.50 charge per month for coverage. Please understand that this is NOT
`content insurance and only covers property related damages.
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`Storage of personal property by Tenant in Premises or in any other portion of Property shall be at Tenant’s risk. Tenant agrees to look solely
`to Tenant’s insurancecarrier for reimbursementof losses resulting from such events.
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`1.10 KEYS AND LOCKS
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`All deadlocks, keys, window latches, doorknobs and any additional device required by local governmentordinance will be in working order
`when Tenant movesin.
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`Tenant shall not change the locks or add a deadbolt lock without Landlord’s prior written consent. If Tenant rekeys the Premises, a key shall
`immediately be provided to Landlord. Tenant’s failure to provide Landlord with a key to the Premises shall constitute default under the
`termsof the Lease.
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`If Landlord is required to physically unlock the doorto let Tenant in due to Tenantlosing the keys, there will be a $100 charge. All keys must
`be returned to Landlord when Tenantvacates the unit. Tenant will be charged for the cost of new locks and keysthat are not returned.
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`Garage door openersthatare not returned shall also be charged back to residentat actual cost after move out.
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`1.11 PHYSICAL POSSESSION
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`If Landlord is unable to deliver possession of the premises at the commencementherein, Landlord shall not be liable for any damage caused
`thereby, nor shall this agreement be void or voidable, however Tenantshall not be liable for any rent until possession is delivered. Tenant
`may terminate this agreement if possession is not delivered within five (5) business days of the commencementof the term herein.
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`1.12 ABANDONMENT
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`If tenant abandonsthe property landlord may consider any property left on the premises to be abandoned property and may dispose of the
`same in any mannerallowed by law.
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`1.13 DEFAULT
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`If Tenantfails to pay rent when due,orfails to perform any term herein, after not less than three (3) days written notice of such default given
`in the manner required by law, the Landlord,at his option, may terminateall rights of Tenant hereunder, unless Tenant, within said time,
`shall cure such default. If Tenant abandons the property while in default of the paymentof rent, Landlord may consider any property left on
`the premises to be abandoned property and may dispose of the same in any manner allowed by law.In the event the Landlord reasonably
`believes that such abandoned property has no value, it may be discarded. All property on the premises is hereby subject to a lien in favor of
`Landlord for the paymentof all sums due hereunder, to the maximum extent allowed by law.
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`Tenant will be in default if Tenant or any guest or occupant violates the unit rules, or fire, safety, health, or criminal laws, or engages in
`dangerousbehavior, regardless of whether or wherearrest or conviction occurs; Tenant gives incorrect or false answers in rental application
`or Tenant provides false or fraudulent documentation requested by us; Tenant or any occupantis arrested, convicted, or given deferred
`adjudication for a felony offense; any illegal drugs or paraphernalia are found on Premises; Tenant violates the noise policy; Tenant or any
`guest or occupant engages in any prohibited conduct; or Tenant or any occupant, in bad faith, makes an invalid complaint to an official or
`employee of a utility company or the government.
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`In the event of a default by Tenant, Landlord mayelect to (1) continue the Lease Agreementin effect and enforceall his rights and remedies
`hereunder, including the right to recover the rent as it becomesdue,or (2) at any time, terminate all of Tenant’s rights hereunder and recover
`from Tenant all damages he may incur by reason of the breach of lease, including the cost of recovering the premises, and including the
`worth at the time of such termination orat the time of an awardif suit be instituted to enforce this provision, of the amount by which the
`unpaid rent for the balance of the term exceeds the amountof such rental loss which the Tenant proves could be reasonably avoided.
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`1.14 HOLDOVER
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`If tenant holds over after the date Landlord terminates this Lease, or after the date tenant is required to vacate, such tenancy shall be a
`tenancy at sufferance and shall not constitute a renewal hereof or an extension for any further term, and in such case Rentshall be payable
`at a monthly rate equal to two hundred percent (200%) of the Rent charged during the last rental period of the Lease Term, plus hotel and
`moving expensesofall tenants scheduled to move into the Premises. Such tenancy at sufferance shall be subject to every other applicable
`term, covenant, and agreement contained herein. Nothing contained in this Section 1.12 shall be construed as consent by Landlord to any
`holding over by tenant, and Landlord expressly reserves the right to require tenant to surrender possession of the Premises to Landlord as
`provided herein upon the termination of this Lease. The provisions of this Section 1.12 shall not be deemedto limit or constitute a waiver of
`any other rights or remedies of Landlord provided herein orat law.
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`1.15 TERMINATION & LEASE AGREEMENT RENEWAL
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`The Tenant must give a FULL thirty (30) day written notice prior to move out or Lease Agreement termination date. The notice will not
`be accepted verbally and must be given in writing prior to the first of each month therentis due. If the 30-day notice is received after the 1st
`of the month, the Lease Agreementshall not terminate until NEXT month at the end of the month.
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`1. Early Termination
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`Provided Tenant is not in default hereunderat the time of giving notice, and the tenanthasstrictly complied will all of the provisionsof this
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`paragraph, and termination is as of the last day of the calendar month, Tenant may terminate this Lease Agreementprior to the expiration
`date of the Term (Early Termination) by:
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`1. Giving Landlord 30 days’ written notice on or before thefirst day of a month in the Lease Agreement term;
`2. Paying monies due through date of termination plus the total amountof any andall deposit; plus
`3. Paying a cancellation fee equal to two month’srent;
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`When vacating - The Tenant is not considered to have vacated the property until keys have been physically returned to the Landlord, either
`in person or by certified mail, to the Landlord’s address. Leaving keys in or on the property will not be considered a return of the keys, nor
`a vacating of the property. It should be noted that Tenant's liability does not end before the expiration of the Lease Agreement simply by
`returning the keys before the Lease Agreementends.
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`The Tenant agrees to have the home in clean condition upon move-out, regardless of the circumstances of move-out (Lease Expiration,
`Early Termination, Eviction). Professional carpet cleaning must be completed at move out and a receipt left at the property.
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`1.16 MILITARY TERMINATION
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`The landlord shall comply with all of the provisions of the SCRA (Service members Civil Relief Act), In the event the Tenantis, or hereafter
`becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of
`station orders to depart from the area where the Premisesare located,or is relieved from active duty, retires or separates from the military, or
`is ordered into military housing, then in any of these events, the Tenant may terminate this lease upon giving thirty (30) days written notice
`to the Landlord. The Tenantshall also provide to the Landlord a copy of the official orders or a letter signed by the tenant's commanding
`officer, reflecting the change, which warrants termination underthis clause. The Tenant will pay prorated rent for any days (he/she) occupy
`the dwelling past the first day of the month. The damage/security deposit will be promptly returned to the tenant, provided there are no
`damagesto the premises nor any past duerent,fees, charges,etc.
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`1.17 COMMUNITY POLICIES OR RULES
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`Tenant and all guests and occupants must comply with any written Homeowners’ Association ("HOA") or community rules and policies,
`including instructions for care of our property. Any rules are considered part of this Lease Agreement. In the event any fine or specific
`assessment is levied against the Premises as a result of Tenant violating the use and occupancyrestrictions set forth in the HOA or
`community Documents, Tenant shall immediately pay the same to Landlord as additionalrent.
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`Tenant agrees to be responsible for any fines with 48 hour written notice from Landlord. Tenant is responsible to notify Landlord of any
`violations or fines that are incurred in relation to the property. Tenant agrees to keep trashcanseither in the garage or the back of the house,
`out of sight form the road. Trailers, boats, commercial vehicles and R.V.'s may only be stored in the garage. Tenant agrees to comply with
`HOA and community rules and local ordinances regarding the above items, amongall other items. Tenant agrees to keep yard and bushes
`trimmed, gravel groomed, weedspulledatall times.
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`Tenant is also subject to a $15.00 notification fee, an additional $25.00 fee for a second notice, and $50.00 fee for each additional notice
`regarding the sameissue and a $50.00 fee for each vendoror inspector contact regarding the sameissue.
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`Tenant shall comply with all statutes, ordinances and requirementsof all municipal, state and federal authorities pertaining to the use of the
`premises as well as any additionalrestrictions that may exist in the form of deed restrictions. Violations of any of the foregoing shall be and
`constitute a default under this Lease Agreement.
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`1.18 NOISE
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`Tenantwill not disturb neighborsor others. Tenant will not play loud music, or instruments, or otherwise cause any loud or offensive sounds
`that can be heard outside the Premises. 10:00 p.m. to 7 a.m. are considered normal sleeping hours and Tenant agrees not to cause any
`disturbances during such time. Violation of the noise policy shall be considered a violation of the terms and lease and tenant will be subject
`to termination ofthe lease.
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`1.19 TENANT SAFETY AND PROPERTY LOSS
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`Tenant and all occupants and guests must exercise due care for their own and others’ safety and security, especially in the use of smoke
`detectors, keyed deadbolt locks, key-less deadbolts, window latches, and other security or safety devices. Tenant agrees to make everyeffort
`to abide by the rules and guidelines in this Lease Agreement.
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`Tenant shall assure that the Premises and any personal property belonging to the Landlord is safeguarded against damage, destruction,
`loss, removal or theft and Tenant will not permit any other person to inflict damage, destruction, loss, removal or theft to Premises or
`personal property of Landlord. Tenant shall maintain the dwelling in a clean and sanitary condition by removing garbage andtrash as they
`accumulate; maintaining plumbing fixtures, faucets, pipes, and septic appurtenances, and shall operate all electrical, plumbing, sanitary,
`heating, ventilating, air conditioning and other appliances in a reasonable and safe manner and in the manner for which they were intended.
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`1.
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`Indemnification
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`Landlord shall not beliable for any damageor injury to Tenant, or any other person, or to any property, occurring on the premises or any part
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`therein or in commonareastherein, unless such damageis the proximate result of negligence or an unlawful act of Landlord, his agents, or
`his employees. Except forliability arising under state law, Tenant agrees to hold Landlord harmless from any claims for damages, no matter
`how caused.
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`2. Smoke Detectors
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`The Unit is equipped with smoke detectors in accordance with state or local government regulations. Tenant agrees to be solely responsible
`to check the smoke detector every thirty (30) days. Tenant must immediately report smoke detector malfunctions to landlord. Battery
`replacementis the responsibility of the tenant. Neither Tenant nor others may disable smoke detectors. Tenant will be liable to others and
`landlord for any loss, damage,or fines from fire, smoke, or water if that condition arises from disabling or damaging the smoke detector or
`from your failure to replace a dead battery or report malfunctions to landlord.
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`3. Safety and Crime Free
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`Tenant or any guest or resident under Tenant's control shall not engage in any criminal activity in Tenant’s unit or community.
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`In case of emergency, fire, accident, smoke or suspected criminal activity, dial 911 or call emergency personnel. Tenant should then contact
`our representative. Unless otherwise provided by law, Landlordis notliable to Tenant or any guests or occupantsfor injury, damage, or loss
`to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes.
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`1.20 PARKING
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`The only vehicles approved to park at this residence are as follows:
`° Jeep, Wrangler, Black, 2019
`© mazda, White, 2021
`Tenant will park on the property at Tenant's own risk. We may regulate the time, manner, and place of parking cars, trucks, motorcycles,
`bicycles, boats, trailers, and recreational vehicles by anyone. We may have unauthorized or illegally parked vehicles towed, under an
`appropriate statute, at Tenant's cost. Vehicles are prohibited from parking on the premises if they are inoperable, have no current license
`plate or registration, take up more than one parking space, are parked in a marked handicap space without proper handicap insignia, block
`other vehicles from exiting, are parked in a space not dedicated to parking, including, but not limited to, grass, sidewalks, patio, and fire
`lanes.
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`There are clear maximum numbersof vehicles allowed: a maximum of no more than four (4) vehicles are permitted at a detached single
`family residence and a maximum of no more than (2) vehicles are permitted at a townhome, condo,or attached single family residence
`unless the unit has space for additional parking in the garage and driveway. The actual numberof vehicles may not exceed the available on
`premises parking of garage spaces and driveway spaces.
`
`Guest Parking is for Guests only. Residents parking in guest parking may be towed at resident's expense. Violation of the parking rules will
`be considered a default of lease and all available remedies under default may be exercised.
`
`1.21 PETS
`
`Written permission to keep up to 3 house pets (defined as a pet that spendsits primary existence within the home)is required before Tenant
`may keep a pet in the home. Tenant must submit for approval any service or emotional support animal they intend to have reside on the
`property. Landlord may require verification as permitted by law. If the Tenant obtains a pet after the Lease AgreementStart Date, Tenant
`must notify the Landlord of this, otherwise the Security Deposit will be forfeited.
`
`If Tenant or any guest or occupant violates animalrestrictions (with or without Tenant's knowledge), Tenant will be subject to charges,
`damages, eviction, and other remedies provided in this Lease Agreement.If an animal has been in the Premises at any time during Tenant's
`term of occupancy (with or without our consent), Landlord will charge Tenant for de-fleaing, deodorizing, and shampooing.
`
`Tenant agrees to pay a non- refundable pet fee in the amountof $300 for the first dog or cat kept with tenant. Each additional authorized dog
`or cat will increase the required pet fee amount by $150.
`
`Additionally, each pet shall incur pet rent in the amount of $25 per month perpet. Pet rent is due on thefirst of the month in addition to the
`regular rent.
`
`Tenant’s entire refundable security deposit is at risk for pet damages, and tenantliability for any damages could exceed the amountof
`security deposit paid.
`
`1.22 STORAGE
`
`Tenant agrees not to store any materials on the premises, of any kind or description that are combustible, flammable, hazardous, or would
`increasetherisk of a fire and any violation of this paragraph mayserveas a basis for declaring tenant in default. Any storage of said materials
`shall be at tenant's risk and tenant shall indemnify management and owner, for any damagesresulting from, and any loss caused by, said
`materials. Should tenant leave hazardous material in or around the premises at time of vacating, managementshall remove, and tenant
`agrees to pay said cost of removal.
`
`

`

`1.23 PROHIBITED ITEMS
`
`Tenant acknowledges and confirms that tenant will not erect or install any of the following items; trampoline, hot tub, spa, above ground
`pools, water bed, aquarium over 20 gallons, inoperable vehicles, or swing sets. Additionally, no basketball goals shall be left overnight within
`view ofthe street. Violation of this policy shall result in removalof the prohibited items at tenant's expense and termination of the lease.
`
`1.24 CONDITION OF PREMISES AND ALTERATIONS
`
`Tenant acknowledges that Tenant has inspected Premises andthatit is fit for residential occupancy. Tenantshall, at his own expense, and
`at all times, maintain the Premises in a clean and sanitary manner including appliances and furnishings therein and shall surrender the
`same, at termination of rental agreementtherein, in "as good" condition as received, normal wear and tear excepted. Tenantshall not paint
`or touch up paint or make alterations/redecorate, or alter the Premises without the prior written consent of the Landlord. Tenant shall make
`no alterations to the buildings or improvements on the Premises without the prior written consent of the Landlord.
`
`1.25 MAINTENANCE REPAIRS, REQUESTS, AND MALFUNCTIONS
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`A. Maintenance
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`Tenant shall report any damage or problem immediately upon discovery as part of a maintenance request through the online Tenant Portal
`at www.brandywinehomesusa.com, or otherwise, Tenant may be held responsible for the cost. Landlord shall, within a reasonable time
`period there