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`16-2024-CC-005229-AXXX-MA Div: CC-P
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 03/28/2024 11:19:43 AM
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`9.
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`In accordancewith Fla. Stat. Section 83.60(2), if Tenant(s) fails deposit the sum of $960.39
`in the Court Registry, plus rent which accrues during the pendencyofthis action, then
`Plaintiff is entitled to a Default Judgment for Removal of Tenant(s) and to recover a
`judgmentfor rent due and owing,plus costs in accordance with Fla. Stat. Sections 83.59 and
`83.625.
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`10._Failure of tenant(s) to pay rent as due causedplaintiff to retain undersigned counsel and incur
`reasonable attorney's fees and costs, which tenant(s) should pay pursuant to Fla. Stat. Sec.
`83.48 and the Lease.
`
`WHEREFORE, PLAINTIFF DEMANDS JUDGMENTforpossession of the premises, rent
`due, court costs and attorneys fees against the Defendant(s) and other available remedies in
`accordance with Fla. Stat. Section 83.625 and for such otherrelief this Court deems just and proper.
`
`Dated: March 26, 2024
`
`s/ Elizabeth S. Rivera, Esq.
`
`FL Bar Number 57330
`Attorneys for Plaintiff
`Barfield McCain Ayoub,P.A.
`4460 Medical Center Way
`West Palm Beach, FL 33407
`Telephone: (561) 650-8139
`Fax: (561) 650-8146
`
`NOTICE OF DEBT
`You are indebted to MM Winn Jacksonville LLC dba The Ansley Apartments for the amount of $960.39.Unless, within 30 days of receiving
`this notice, you dispute the validity of the debt, or any portion thereof, the debt will be assumedto be valid by the debt collector. If you notify the
`debtcollector in writing within the 30-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the
`debt or a copy of a judgment against you and a copy ofsuch verification or judgmentwill be mailed to you by the debt collector. Although you
`have 30 days to dispute the debt, that period does not delay initiation of legal action against you. Upon your written request within the 30-day
`period, the debt collector will provide you with the name and addressof the original creditor, if different from the currentcreditor.
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`Exhibit A
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`FLORIDA
`APARTMENT
`ASSOCIATION
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`a
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`NATIONAL APARTMENT ASSOCIATION
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`Moving In — General Informat
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`Adit Lee
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`without ourprior written consent. //[tA
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`SUSI
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`(LCI
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`Be iayg
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`f
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`
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`i veAdit Lee
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`Additionally, you are
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`When Moving Out
`51. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES,
`47. MOVE-OUT NOTICE. Before moving out, either at the end of the
`lease term, any extensionofthe lease term,orpriorto the end ofthe
`You'll be liable for the following charges,if applicable: unpaid rent;
`unpaidutilities; unpaid contractualfees, early termination charges,
`lease term, you mustgive our representative advance written notice
`or liquidated damagesifapplicable; unreimbursed service charges;
`of your intention to vacate as required by the paragraph 3 (Lease
`repairs or damagescausedby negligence, carelessness, accident, or
`Term and Termination Notice Requirements). Ifyou moveoutprior
`abuse,includingstickers, scratches, tears, burns, stains, or unapproved
`to the end of the lease term, your notice does notactasa release of
`holes; replacementcost of our property that wasin or attached to
`liability for the full term ofthe Lease Contract. You willstill be liable
`the apartmentand is missing; replacing dead or missing smoke-
`forthe entire Lease Contractterm ifyou moveout early (see paragraph
`detector and carbon monoxidedetector batteries; utilities for repairs
`23 - Release of Resident) exceptifyou are able to terminate the Lease
`or cleaning; trips to let in company representatives to remove your
`Contractundera separate Addendum,thestatutory rights explained
`telephoneor TV cable servicesor rental items(if you so request or
`under paragraph 11 (Early Move-Out), paragraph 23 (Release of
`have movedout); trips to open the apartment whenyouor any guest
`Resident), or any other applicable law.All notices to vacate must be
`or occupantis missing a key; unreturnedkeys; missing or burned-out
`in writing and mustprovide the date by which you intendto vacate.
`light bulbs; removing or rekeyingunauthorizedaccess control devices
`Ifthe notice does not complywith the time requirementsofparagraph
`or alarm systems; packing, removing, or storing property removed
`3 (Lease Term and Termination Notice Requirements), even if you
`or stored under paragraph 13 (Contractual Lien and Property Left
`move bythe last date in the lease term, you will be responsible for
`in Apartment); removingillegally parked vehicles; specialtrips for
`damagespermitted underthelease andlaw. Ifyou fail to vacate by
`trash removal caused by parked vehicles blocking dumpsters;false
`the dateset forth in any notice to vacate, we may seek the remedies
`security-alarm chargesunless due to our negligence; animal-related
`and damagesspecified underthe “Holdover” paragraph, or we may
`charges under paragraph 28 (Animals); governmentfees or fines
`deem yournotice void and you must submit a new writtennotice. If
`againstusfor violation (by you, your occupants,or guests) of local
`you fail to provide proper notice andvacate, youwill be responsible
`ordinancesrelating to smoke detectors and carbon monoxide
`for damages permitted underthelease andlaw.
`detectors, false alarms, recycling, or other matters; late-payment
`and returned-check charges; a charge (not to exceed $100} for owner/
`manager's time and inconveniencein our lawful removalofan animal
`or in anyvalid eviction proceeding againstyou,plus attorney's fees,
`court costs, andfiling fees actually paid; and other sums due under
`this Lease Contract.
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`
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`52.
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`You'll be liable to us for any chargesfor replacing all keys and access
`devices referenced in paragraph 5 (Keys)if you fail to return them
`on or before your actual move-outdate.
`SURRENDER AND ABANDONMENT.
`Surrender. You have surrendered the apartmentwhenall apartment
`keys and access devices listed in paragraph 5 (Keys) have been turned
`in whererentis paid.
`Abandonment.Asset forth in Fla.Stat. s. 83.59(3)(0), inthe absence
`of actual knowledge of abandonment,it shall be presumedthat you
`have abandonedthe apartmentifyou are absent from the apartment
`for a period of time equal to one-half the time for periodic rental
`payments; however, this presumption does not apply if the rent is
`currentor you havenotifiedus, in writing, ofan intended absence.
`Surrender, abandonment,and judicial eviction end yourright of
`possession for all purposesandgivesus the immediate rightto: clean
`up, makerepairsin, and reletthe apartment; determine any security
`deposit deductions, and remove propertyleft in the apartment.
`Surrender, abandonment,andjudicial eviction affect your rights to
`propertyleft in the apartment (paragraph 13 (Contractual Lien and
`Property Left in Apartment)), but do not affect our mitigation
`obligations (paragraph 33 (Default by Resident)).
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`Readit carefully before signing.
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`You are legally bound by this document.
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`Residentor Residents
`(all sign below)
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`Date Signed
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`48.
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`MOVE-OUT PROCEDURES. The move-out date can't be changed
`unless we and you bothagreein writing. You won't move out before
`the lease term or renewalperiod ends unlessall rent for the entire
`lease term or renewalperiodis paidin full. You're prohibited by law
`from applying any security deposit to rent. You won't stay beyond
`the date you are supposed to moveout. All residents, guests, and
`occupants must vacate the apartmentbeforethefifteen (15) day
`period for deposit refund begins. You mustgive us and the U.S.Postal
`Service, in writing, each resident's forwarding addressat least seven
`{7) days before you vacate or abandonthe premises. You are required
`to serve this notice at our address specified in Paragraph 1 of this
`Lease only andvia certified mail or personal delivery at our address
`only. Failure to give such notice in compliance with this paragraph
`to our addressspecified in Paragraph 1 shall relieve us of the notice
`requirementsin Fla. Stat. § 83.49(3)(a), but shall not waive any right
`you may haveto the security deposit or any partofit.
`
`49,
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`CLEANING. You must thoroughly clean the apartment, including
`doors, windows, furniture, bathrooms, kitchen appliances, patios,
`balconies, garages, carports, and storage rooms. You mustfollow
`move-outcleaning instructionsif they have been provided.If you
`don’t clean adequately, you'll be liable for reasonable cleaning charges.
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`50.
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`54,
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`MOVE-OUT INSPECTION. You should meetwith our representative
`for a move-out inspection. Our representative has no authority to
`bind or limit us regarding deductionsfor repairs, damages, or charges.
`Anystatementsor estimatesbyus or ourrepresentative are subject
`to our correction, modification, or disapproval before final refunding
`or accounting.
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`
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`Severability, Signatures, Originals and Attachments
`53.
`SEVERABILITY. If any provision of this Lease Contractis invalid
`or unenforceable under applicable law, such provision shall be
`ineffective to the extentof such invalidity or unenforceability only
`withoutinvalidating or otherwise affecting the remainderofthis
`Lease Contract. The courtshall interpret the lease and provisions
`herein in a mannersuch asto upholdthevalid portionsofthis Lease
`Contract while preservingtheintentof the parties.
`ORIGINALS AND ATTACHMENTS.This Lease Contract has been
`executed in multiple originals, with original signatures. Wewill
`provide you with a copy of the Lease Contract. Your copy of the
`Lease Contract may bein paper format,in an electronic format at
`yourrequest,or sentvia e-mail ifwe have communicatedby e-mail
`aboutthis Lease. Our rules and communitypolicies,if any, will be
`attachedto the Lease Contract and provided to you at signing. When
`an Inventory and Condition form is completed, you should retain
`a copy, and weshould retain a copy. Any addenda or amendments
`yousign asa partof executing this Lease Contract are binding and
`are hereby incorporated into and madepartofthe Lease Contract
`between you andus. This lease is the entire agreement between
`you and us. You acknowledgethat you are NOTrelying on anyoral
`representations. A copy or scan of this Lease Contract and related
`addenda, amendments, and agreements maybe usedfor any purpose
`and shall betreatedas anoriginal.
`
`
`
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`Owneror Owner’s Representative
`(Signing on behalfofowner)
`
`Date Signed
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`© 2023, National ApartmentAssociation, Inc.
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`Florida/National ApartmentAssociation Official Form, July 2023
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`Page9of10 [==
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`? neha N Mecaine
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`4g
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`Kim See
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`Exhibit B
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`THREE DAY NOTICE
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`DATE: 3/08/2024
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`TO: Tomeka McCaine
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`AND ALL OTHERS IN POSSESSION OF
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` 11011 Harts Road # 0313 Jacksonville, FL 32218
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`
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`and located in Duval County, Florida.
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`You are hereby notified that you are indebted to me in the sum of $960.39 for the rent as designated in the rental
`agreement and for use of the premises described above and now occupied by you as a result of your failure to pay such rent
`for the following month(s): March, 2024.
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`I demand payment of the rent or possession of the premises within three (3) days (excluding Saturdays, Sundays, and
`legal holidays) from the date of delivery of this notice. To Wit: on or before the 13 day of March, 2024.
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`This notice is given to you pursuant to Florida Statutes Section 83.56 (3). Your failure to comply with this
`notice may result in eviction proceedings being filed against you pursuant to Florida Statutes Section 83.
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`PLEASE BE GOVERNED ACCORDINGLY
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`Authorized Representative
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`CERTIFICATE OF
`SERVICE
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`I HEREBY CERTIFY that a true and correct copy of:
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`( )
`( )
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`This notice was served personally.
`The person(s) were absent from his/her last usual place of residence, and this notice was delivered and
`posted at the residence/address referenced above.
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`BY: Kim Lee
`Authorized Agent for Landlord
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`
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`DATE _________03/08/2024
`Date of Service
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`Landlord: The Ansley
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`Address: 11011 Harts Road Jacksonville, FL 32218
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`Telephone: (904) 751-6222
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`IMPORTANT NOTICE:
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`In accordance with recent guidance provided by The Consumer Financial Protection Bureau because of the global COVID-
`19 pandemic, you may be eligible for temporary protection from eviction under Federal law. Learn the steps you should
`take now:
`• Visit www.cfpb.gov/eviction
`• Or call a housing counselor at 800-569-4287
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