Filing # 194990085 E-Filed 03/28/2024 09:06:21 AM
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`16-2024-CC-005415-AXXX-MADiv: CC-J
`
`IN THE COUNTY COURT, DUVAL COUNTY, FLORIDA
`CIVIL DIVISION
`
`TH3 PROPERTY FLORIDAL.P.
`Plaintiff,
`
`-VS-
`
`CASE NO.:
`DIVISION:
`
`CHRISTOPHER DENNISON AND BRANDY DENNISON
`Defendant(s).
`_/
`
`COMPLAINT FOR EVICTION
`
`Plaintiff,
`
`IH3 Property Florida L.P., by and through the undersigned counsel, sues Defendant(s),
`
`Christopher Dennison and Brandy Dennison,andalleges:
`
`1.
`
`2.
`
`This is an action to evict tenants from real property located in Duval County, Florida.
`
`The Plaintiff is the landlord of the following real property in said county:
`
`11526 Brian Lakes Dr., Jacksonville, FL 32221
`
`Defendant(s) hold possession of said property under a written rental agreement (Exhibit A). (Note
`
`electronic signatures where applicable, if rental agreementelectronically sign.)
`
`Defendant(s) failed to pay rents due on or before March 7, 2024 of $1,776.95.
`
`The Plaintiff served Defendant(s) the Statutory Notice (Exhibit B) on March 7, 2024 to pay rents due
`
`at that time or to vacate the premises, but the Defendant(s) refused to do either. (Note
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`Affidavit/Verification of Service where applicable, if Statutory Notice served by processserver.)
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`WHEREFORE,Plaintiff demands judgment for possession of the property against the Defendant(s),
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`release of any funds deposited into the Registry of the Court, costs and attorney fees, and such otherrelief
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`as 1s appropriate.
`DATED: March 27, 2024
`
`/s/ Matthew E. Siegel
`Matthew E.Siegel
`Attorney for Plaintiff/FBN 0107076
`The MGFDLaw Firm PA
`2753 SR 580, Ste 209/Clearwater, FL 33761
`727-726-1900/Fax 727-726-7440
`Email: eservice@megfdlaw.com
`
`99686
`
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/01/2024 12:32:51 PM
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`Exhibit A
`
`invitation pomes
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`RENEWAL RENTAL AGREEMENT
`
`This Renewal Residential Rental Agreement (called the “Lease”) is entered into on3/24/2023
`(“Effective Date”) by and between IH3 Property Florida, L.P.
`(“Landlord”); and
`
`Resident’s Name: Christopher Dennison
`Primary Phone#:
`
`Resident’s Name: Brandy Dennison
`Primary Phone#:
`
`Resident’s Name:
`Primary Phone#:
`
`Resident’s Name:
`Primary Phone#:
`(collectively, “Resident” whether one or more).
`
`Resident’s Name:
`Primary Phone#:
`
`Resident’s Name:
`Primary Phone#:
`
`Resident’s Name:
`Primary Phone#:
`
`Resident’s Name:
`Primary Phone#:
`
`Lease Term:
`
`04/16/2023
`
`to 04/15/2024
`
`Amount:
`$ 1570.00
`
`
`
`
`
`
`
`Residence Address:41pa6BrianLakesDr,Jacksonville,FLggae
`
`
`
`
`
`
`MONTHLY RENTAL CHARGES
`DEPOSITS (Previously Paid)
`
`
`
`
`Base Rent Refundable Security Deposit|1:°95-001570.00
`
`
`
`
`
`Pet Rent
`
`40.00
`
`TOTAL DEPOSITS PAID
`
`1,095.00
`
`Pool Service
`0.00
`
`
`Landscaping Service
`0.00
`
`
`Smart Home
`0-00
`
`
`Amenity / Appliance Fee|9-°°
`
`
`Other
`
`9-95
`
`TOTAL MONTHLY RENT
`
`1,619.95
`
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`RENTAL PROPERTY. Resident agrees to rent from Landlord and Landlord agreesto rent to
`1.
`Resident the real property and any other improvementsat the address specified on Page 1 of this Lease
`(collectively, the “Residence”or “Premises’).
`
`OCCUPANTS.In addition to Resident, the following individuals will also reside at the Residence
`2.
`(“Occupants”):
`
`2.1.|Resident represents, warrants, and covenants that all persons who will reside at the
`Residence as Occupantsarelisted above. All Occupants eighteen (18) and older are subject to the same
`criminal background approval required of Residents. No oneelse may occupy the Residence. Persons
`not listed above must not stay in the Residence for more than seven (7) consecutive days without
`Landlord’s prior written consent, and no morethanthirty (30) days ina calendar year. Any new resident
`or occupantwill require the prior written acceptance and approvalof Landlord. If an occupancy change
`is accepted and approved by Landlord during the Lease Term, a new lease or an amendmentto this
`Lease shall be executed to memorialize such occupancy change as required by Landlord. All references
`in this Lease to “Resident Parties” shall include Resident, the Occupants, and any guests or invitees of
`Resident or the Occupants.
`
`LEASE TERM.Theterm of this Lease (the “Lease Term”) shall commence on 04/16/2023 (the
`3.
`“CommencementDate”) and end on 04/15/2024 at 5:00 p.m. local time wherethe Residenceis located.
`Residentshall vacate the Residence immediately upon termination of the Lease unless: (a) Landlord and
`Resident have extendedthis Lease in writing or signed a new rental agreement, or (b) a month-to-month
`tenancyis created pursuantto the following paragraph.
`
`.MONTH-TO-MONTH TENANCY.TheLease Term shall become month-to-monthif, upon
`3.1.
`expiration of the initial Lease Term, the Lease Term has not otherwise been terminated, extended, or
`renewed. Landlord mayincrease the monthly Rent by giving Resident written notice of such increase at
`least thirty (30) days prior to the commencementof the rental period for which the adjustmentwill
`apply. Resident may remain in possession of the Residence andthe tenancywill then be on a month-to-
`month basis at the increased monthly Rentrate and subject to all of the terms and conditions ofthis
`Lease until either party terminates the tenancy in accordance with this Lease and Applicable Law. The
`term “Applicable Law’shall meanall laws, ordinances, directives, temporary orders, and rules and
`regulations enacted now or hereinafter by any governmental authority with jurisdiction over the
`Residence.
`
`NOTICE TO VACATE. Atthe expiration of the Lease Term,either party may terminate
`3.2.
`the Lease by providing at least sixty (60) days advancewritten notice (thirty (30) days for a month-to-
`month tenancy) to the other party. Rent shall be due and payable throughthe endof the notice period
`or the expiration of the Lease Term, whicheveroccurs later. Resident’s failure to provide thefull sixty
`(60) days’ advance notice of intent to terminate the Lease (thirty (30) days for a month-to-monthlease)
`will result in Resident being chargedfor the balance of the notice period in an amountequalto the daily
`pro rata rent, not to exceed two months’rent.
`
`3.2.1. MIAMI-DADE AND BROWARD COUNTIES. Notwithstanding anything in the
`foregoing to the contrary, if the Premises is located in Miami-Dade County or Broward County, either
`party may terminate the Lease by providingat least sixty (60) days advance written notice for a month-
`to-month tenancyto the other party. Resident’sfailure to providethefull sixty (60) days advancenotice
`of intent to terminate the Lease, including a month-to-monthlease,will result in Resident being charged
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`for the balance of the notice period in an amount equal to the daily pro rata rent, not to exceed two
`month’s rent.
`
`4.
`
`RENT AND SECURITY DEPOSIT.
`
`4.1.|SECURITY DEPOSIT. The amountset forth on Page 1 as Security Deposit (“Security
`Deposit”) was previously paid to Landlord pursuantto Resident’s initial lease agreement and that same
`amount has been transferred and deposited with Landlord as security for Resident’s payment and
`performance of the obligations under this Lease. Subject to Applicable Law,all or any portion of the
`Security Deposit may be used or retained by Landlord as reasonably necessary to: (a) clean, repair, and
`restore the Residence and any appliances,furniture, fixtures, equipment, and other property supplied
`by Landlord to its condition on the CommencementDate, excepting normal wearandtear; or (b) cure
`Resident’s default in payment of any Rent, late charges, dishonored check charges, utility charges, or
`other charges which may be owedby Resident pursuant to this Lease. The retention of the Security
`Deposit shall not limit Landlord's right to proceed against Resident for claims above the amountof the
`Security Deposit. The Security Deposit shall not be used by Residentin lieu of paymentof Rent, Late
`Charges, or other amounts owed. No interest shall be paid on the Security Deposit unless required by
`Applicable Law. The Security Deposit shall be held in a separate non-interest bearing accountat Bank
`of America, 18350 NW 2nd Ave, Miami, FL 33169.
`
`4.2.|RENT. “Rent” will mean the monthly Base Rentandall other monetaryobligations of
`Resident to Landlord underthe termsof this Lease. The Base Rentshall increase to $_N/A
`beginning
`on N/A
`.
`
`4.3.|METHOD OF PAYMENTS.TheSecurity Deposit and all Rent shall be paid to Landlord
`or such other agent of Landlord as Landlord may designate by written notice to Resident. Resident shall
`pay Rent in advance on the 1st day of each month without demandor offset and with no grace period.
`Rent paymentswill only be accepted from Residentor as required by Applicable Law. If Landlord agrees
`or is required by Applicable Law to accept payment of Rent from a third party, acceptance of such
`paymentshall not create a tenancy between Landlord and thethird party. Subject to Applicable Law,
`monthly installments of Rent must bepaid in U.S. Currency byelectronic payment.
`
`Electronic Payment: Resident shall use the online resident portal to pay Rent via electronic
`
`payment at www.invitationhomes.com, following the instructions for current residents to Pay
`My Rent.
`If Resident elects to pay online by credit card instead of ACH transfer, Landlord
`reserves the right to charge Resident a convenience fee or surcharge in an amount designated
`by Landlord, not to exceed the maximum amountpermitted by Applicable Law.
`
`LATE CHARGES.If the total Rent is not received by 5:00 p.m.on the third (3rd) day of
`4.4.
`the month, Residentagreesto pay a late charge equal to 10% of the monthly Rent(the “Late Charge”).
`Resident acknowledges that late payment of Rent will cause Landlord to incur costs and expenses,
`including processing, enforcement and accounting expenses, and charges imposed on Landlord, the
`exact amounts of which are extremely difficult and impractical to determine. Resident agrees that the
`Late Charge representsa fair and reasonable estimate of the costs Landlord mayincurby reasonoflate
`payment. The Late Charge, which shall be considered additional Rent, does not establish a grace period;
`Landlord mayserve a written notice of non-paymentof Rent required by Applicable Lawif Rent is not
`paid on its due date. If Landlord serves a written notice of non-paymentof rent, Landlord may require
`that the paymentcalled for by the notice be by moneyorderor certified cashier’s check,in person,at the
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`office location designated by Landlord.
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`4.5.|NON-SUFFICIENT FUNDS.In addition to any Late Charges, Resident also agrees to pay
`a non-sufficient funds fee (“NSF Charge”) of $30.00 for each check or paymentthat is not honored by
`Resident’s bankorfinancial institution, but not to exceed the maximum amountthat may be charged
`pursuantto Applicable Law. In the event that any paymentsof Rent during the Lease Term are returned
`due to non-sufficient funds, Resident may be “locked out” of the online payment system and prohibited
`from making paymentby personalcheck, andshall be required to make such payments, together with
`any and all of Resident’s outstanding balance, Late Charge, and any other amounts due to Landlord
`hereunder, by moneyorderorcertified cashier’s check, in person,at the office address, as designated by
`Landlord in connection with this Lease. Only upon personal receipt by Landlord or Landlord’s
`representative of such payment shall Resident be able to make subsequent payments online or by
`personal check,as applicable.
`
`Notwithstanding the foregoing, if any payments of Rent are returned due to non-sufficient funds during
`the Lease Term, Resident acknowledges andagreesthat Landlord may,in its sole discretion, upon notice
`to Resident require Resident to make all payments required hereunder by moneyorderorcertified
`cashier’s check in personat the office address, as designated by Landlord.
`
`Any Late Charge or NSF Charge will be deemed additional Rent and must be paid with the current
`installment of Rent. Landlord’s acceptanceof any Late Charge or NSF Chargewill not constitute a waiver
`as to any default of Resident. Landlord’s right to collect a Late Charge or NSF Chargewill not be deemed
`an extension of the date Rent is due or prevent Landlord from exercising any other rights and remedies
`underthis Lease or Applicable Law.
`
`APPLICATION OF PAYMENTS.Unlessotherwise required by Applicable Law, payments
`4.6.
`received will be applied, without regard to their characterization or earmarking by Resident, as follows:
`(i) first to any arrears from previous month(s), (ii) then to Late Charges, legal and courtcosts,
`administrative fees, mailing costs, or any other miscellaneous charges owed,and(iii) the remainderwill
`then be applied to the Rent for the current month.
`
`4.7.|.STATUTORY DISCLOSURE.
`
`YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY
`TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND
`WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR
`NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR
`DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU
`MOVEOUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT.
`IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM
`WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL
`COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT,IF ANY. IF THE
`LANDLORDFAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE
`DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL
`TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT,
`BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.
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`YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFOREFILING A
`LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED
`WILL BE AWARDED COSTS AND ATTORNEYFEES PAYABLE BY THE LOSING PARTY.
`
`THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART IJ OF CHAPTER 83, FLORIDA
`STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
`
`DISCLOSURE TO CREDIT BUREAUS. Resident acknowledges that and consents to
`4.8
`Landlord or Landlord’s agent disclosing information about Resident and Resident’s tenancy,including
`but not limited to the amount and timing of rent payments, good behavior, problematic behavior, and
`any debt outstanding to credit reporting agencies, which may then be usedin a tenantrecord, credit
`report and credit score for the Resident and shared with other landlords and credit grantors.
`
`ANIMALS.Prior to Move-In, Resident must execute the attached Animal Addendum andabide
`5.
`by its terms for the duration of the Lease Term.Residentshall not bring or allow any animal onto the
`Residence property, even temporarily, at any time without Landlord’s prior written approval unless
`otherwise permitted by Applicable Law.
`
`If Resident keeps a dogor cat that is not considereda service, assist, or companion animal(“Pet”) at
`the Residence, Resident must pay additional fees related to the Pet and, if applicable and in Landlord’s
`sole discretion, certain non-compliance fees as further described and in the amountssetforth in the
`Animal Addendum andconsistent with Appliable Law.
`
`Service, assist, or companion animals for the assistance of a Resident or Resident Parties with a
`disability shall be permitted by Landlord upon Resident’s advance request, provided that Landlord
`may request documentation or other reasonable evidence verifying disability and a disability-related
`need for the animal, in compliance with Applicable Law.
`
`6.
`
`MOVE-IN/MOVE-OUT.
`
`6.1.|MOVE-IN. Resident has inspected the Residence,includingall appliances, landscaping,
`fixtures, improvements, equipment, hardware, smokedetector(s) and carbon monoxide detector(s), if
`any, located at the Residence. Except as noted on the Move-In/Move-Out Assessment Form that was
`completed during theinitial lease, Resident accepts the Residencein the current “As-Is” condition and
`warrants that Resident has been given adequate opportunity to fully inspect the Residence and that
`Residentaccepts the Residence, togetherwithall furnishings,if applicable, as being in good condition.
`Only itemslisted in that form shall be accepted as defective, missing, or in need of remedial action. The
`absence of such notice shall be conclusive proof that there is no defective or hazardous equipmentor
`conditions existing as of the start of the tenancy. Resident agrees and understands that a Move-
`In/Move-Out Assessment Form is not a request for repairs. Any required repairs will need to be
`submitted through a separate workorder.
`
`_MOVE-OUT. Upon vacating the Residence, Resident shall remove all personal
`6.2.
`possessionsand rubbish,steam cleanall floors in the Residence, and leave the Residencein as good or
`better condition as the condition on the CommencementDate, excepting normal wearand tear. Upon
`move-out, if Resident choosesto havethe carpets cleaned, such cleaning must be performedbya third-
`party professional carpet cleaning service reasonably acceptable to Landlord and receipt for such
`cleaning services mustbe provided to Landlord. Unless the carpetis cleaned in the mannerprovided
`herein, Landlord reserves the right to use a portion of the Security Deposit to professionally re-clean
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`the carpets. Resident also shall return all keys and garage door openers,if applicable, and shall provide
`Landlord with a written statementof forwarding address. Within the time required by Applicable Law,
`Landlord will provide Resident an itemized written statement of any amounts deducted and the
`reasonsfor the deductions from Resident's Security Deposit, along with a check for any balanceof the
`Security Deposit due to Resident. Landlord may deliver the written statement and balance of the
`Security Deposit personally to Resident, or by mailing the statement and balance of the Security
`Deposit to Resident at Resident’s forwarding address,orif that address is unknown,at Resident’s last
`knownaddress. The retention of the Security Deposit shall not limit Landlord's right to proceed against
`Resident for claims above the amountof the Security Deposit.
`
`(i) After giving or receiving notice of
`Pre-Move-Out Inspection and Repairs:
`6.3.
`termination of a tenancy, or before the end of the Lease, Resident will request and coordinate with
`Landlord to have an inspection of the Residencetake place prior to termination of the Lease; (ii) If
`Resident requests such an inspection, Resident will be given an opportunity to remedy identified
`deficiencies prior to termination, consistent with the termsof this Lease;(iii) Any repairs or alterations
`madeto the Residence asa result of this inspection (collectively, “Repairs”) must be madeat Resident’s
`expense and only after obtaining the prior written approval of Landlord;
`(iv) Repairs may be
`performedby Resident or throughothers, who have adequate insurance andlicenses andare approved
`by Landlord;
`(v) The work must comply with Applicable Law,
`including governmental permit,
`inspection, and approval requirements; (vi) Repairs must be performedin a good,skillful manner with
`materials of quality and appearance comparableto existing materials; (vii) Landlord may request that
`Resident: (a) obtain receipts for Repairs performed by others; (b) prepare a written statement
`indicating the Repairs performed by Resident and the date of such Repairs; and (c) provide copies of
`receipts and statements to Landlordprior to termination.
`
`CONDITION OF RESIDENCE. Landlord makes absolutely no warranties or representations
`7.
`about the neighborhood or the condition of the Residence, the improvements, utilities, electrical,
`plumbing, or appliances. Landlord shall not be responsible for loss or damage causedbyfailure of any
`appliance (including loss of or damage to food or other perishables) in the event an appliance ceases
`to operate properly. Resident must satisfy himself or herself prior to move-in as to the neighborhood
`or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics,
`proximity of registered felons and other offenders, fire protection, other governmental services,
`availability, adequacy, and cost of any wired and/or wireless
`internet connections, other
`telecommunications or other technology services and installations, proximity to commercial,
`industrial, or agricultural activities, existing and proposed transportation, construction and
`development that mayaffect noise, view,ortraffic, airport noise, noise or odor from any source,wild
`and domestic animals, other nuisances, hazards, or circumstances, cemeteries,facilities and condition
`of common areas, conditions and influences of significance to certain cultures and/or religions, and
`personal needs, requirements, and preferences of Resident.
`
`USE. Resident shall not use or permit the Residence to be used for any purpose other than as
`8.
`the principal and primary residence of Resident and any Occupants. Resident agrees that, subject to
`Applicable Law, the Residence will not be used for operation of a business or other commercial
`enterprise without Landlord’s prior written consent, nor will Resident utilize the Residence for any
`purpose or in any manner which violates applicable state, federal, or local law or the covenants,
`conditions, or rules of any applicable homeownerassociation.
`
`IT IS IMPORTANT TO FOLLOW THE NOTICE REQUIREMENTS. WHILE WELIVE IN
`NOTICES.
`9.
`AN AGE WHERECELL PHONES, TEXTING, AND EMAILS ARE PREVALENT, YOU WILL ALSO NEED TO
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`FOLLOW THE NOTICE REQUIREMENTS.Anynotice to Landlord or Landlord’s agentshall be in writing
`and delivered personally by hand,orbyfirst class U.S. mail or express or overnight delivery to Landlord
`at the address below, which addressis subject to change by written notice. Except as otherwise stated
`in this Lease, notice to Resident shall be delivered to the Residence. Notices to either Resident or
`Landlord or Landlord’s authorized agent under this Lease shall be deemed provided, received, or
`delivered to the addressspecified herein (a) if sent by overnight mail, courier, or other personal delivery
`to such address, on the dateof delivery, or (b) if deposited in the U.S. Mail, three (3) days (or such other
`PeHCee
`H
`etaws) after the deposit of the notice in the U.S. Mail.
`
`7751 BelfortPkwy. Suite 100 Jacksonville, FL
`7751 Belfort Pkwy., Suite 100 Jacksonville, FL
`Loardtord:
`Psepierty Manager:
`THR Property Management L.P
`
`UTILITIES. Resident is responsible for paymentofall utility charges incurred during the Lease
`10.
`Term unless prohibited by Applicable Law. Subject to Applicable Law, Resident shall placeall utilities,
`including all
`those specified in the attached Utilities Addendum,
`in Resident’s name as of the
`CommencementDate,and shall pay all charges and related costs directly to the provideruntil Resident
`terminates such services. Resident is required to show proofof utility commencementprior to move-
`in. Resident’s failure to provide such evidence shall be a default underthis Lease, entitling Landlord to
`enforceall available remedies. Utilities that require proofare electricity, gas, water, sewer, and garbage
`services.
`In the event that Applicable Law requires Landlord to payfor any utility directly, Resident
`acknowledges and agreesthat Residentshall be obligated to reimburse Landlord for any such amounts
`paid by Landlordto utility providers, which reimbursementshall be payable either (a) electronically as
`part of Resident’s Rent payment,or (b) by cashier’s check or moneyorder, the method being determined
`by Landlord in Landlord’s sole and absolute discretion in accordance with Applicable Law.
`If for any
`reason Residentfails to transfer or maintainall utilities and services in Resident’s own name,Resident
`agrees to reimburse Landlordthefull cost of Resident’s utility usage and agrees to pay to Landlord an
`administrative fee in the amount of $9.95 (“Utility Admin Fee”) for each utility bill received by
`Landlord. Resident shall not allow electricity or other utilities to be disconnected or discontinued for
`any reason or by any means(including nonpaymentofbill) until the end of the Lease Term or renewal
`period.
`If at any time any utility shall be turned off or discontinued due to nonpaymentby Resident,
`Residentshall be in default under this Lease, and Landlord may, terminate Resident’s occupancy of the
`Residence immediately and commenceeviction and collection proceedings, subject to Applicable Law.
`
`If any utilities are not separately metered or submetered, Resident shall pay Resident's proportional
`share, as reasonably determined and directed by Landlord in accordance with Applicable Laws. Resident
`shall obtain Landlord’s prior written approval, which approval may be withheld in Landlord’s sole and
`absolute discretion, prior to adding any telephone,cable, or data lines to the Residence. Residentshall
`cooperate with any conservation and recycling program adopted and implemented by Landlord,if any.
`Landlord doesnot representor warrantthat anyutilities servicing the Residence will not be interrupted
`because of repairs or alterations to the Residence, fire or other casualty, acts of God, any labor
`controversy, or other events beyond the control of Landlord. Any such interruption shall never be
`deemedto be an eviction of Resident or a disturbance of Resident’s use or occupancy of the Residence
`or render Landlord liable to Resident for damages. Notwithstanding anything contained in this Lease to
`the contrary, Landlord does not represent or warrant the availability of telephone service, internet
`service, satellite or cable television service, or any other service to the Residence, and no suchservices
`are guaranteed to be available to the Residence.
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`Notwithstanding anything to the contrary in this Section, Landlord may,at its option andin its sole
`discretion, elect to contract directly with the utility service providers providing utilities or services to
`the Residence,including, without limitation, water, garbage and refuse removal, sewer, natural gas, and
`electricity.
`In the event Landlord elects to contract for utilities directly with the utility or service
`providers, then Resident must reimburse Landlordfor all charges incurred by Landlord along with the
`Utility Admin Fee andanyset-up charges(all such charges being referredto in this Lease as the “Utility
`Charges”) within fifteen (15) days of Landlord’s request therefore accompanied by an invoice
`documenting such Utility Charges owed by Resident. The Utility Charges will be deemed additional
`“Rent” underthis Lease so that Resident’s failure to pay the Utility Charges when dueorfailure to place
`and continuously maintain utilities and services in Resident’s name,if applicable, will constitute a
`default underthis Lease.
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`COMPLIANCE WITH RULES AND REGULATIONS.Landlord will have the right to establish and,
`11.
`from time to time, change, alter, and amend, and to enforce against Resident reasonable rules and
`regulations as may be deemed necessary or advisable for the proper and efficient operation,
`maintenance,and repair of the Residence. Resident will observe and comply with all reasonable and
`nondiscriminatory rules and regulations governing the Residence that are posted on the Residence,
`attached hereto and incorporatedherein by this reference, or as may from timeto time be delivered to
`Resident(the “Rules and Regulations”). Resident and any ResidentParties will observe and comply with
`the Rules and Regulations and with such amendments andadditional Rules and Regulations as Landlord
`may adopt, effective ten (10) days after Landlord gives Resident written notice thereof, or as may be
`required by Applicable Law. A violation of the Rules and Regulations after such notice shall be a default
`under this Lease.
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`PROHIBITED ACTIVITY. Resident or any Resident Party, shall not (a) engage in criminal
`12.
`activity on or near the Residence, including drug-related criminal activity (which includestheillegal
`manufacture, cultivation, sale, distribution, possession with intent to manufacture, or use of a
`controlled substance); (b) engage in any act intended to facilitate criminal activity, including drug-
`related criminal activity, on or near the Residence; (c) permit the Residence to be used for or to
`facilitate criminal activity,
`including drug-related criminal activity, regardless of whether the
`individual engaging in such activity is a memberof the householdor a guest; (d) engage in growing,
`producing, manufacturing, selling, using, storing, keeping, distributing, or giving marijuana or any
`controlled substance(legalor illegal) at or from the Residence or otherwise; (e) engagein anyillegal
`activity, including prostitution, criminal street gang activity, threatening or intimidating assault,
`including the unlawful use or possession of firearms, on or near the Residence,or the health, safety
`and/or welfare of Landlord, its agents, other Residents, neighbors, or in any manner which will
`constitute waste or nuisance uponor aboutthe Residence; or (f) disrupt or interfere with Landlord’s
`business operations, or communicate with Landlord, Landlord’s agents, or their employees in an
`unreasonable, discourteous, rude, or hostile manner. Resident agrees and authorizes Landlord to use
`any arrest record or police-generated reports referring to Resident as reliable direct evidence of
`Resident’s conductor violation of this section.
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`VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION, OR OF ANY FEDERAL OR
`APPLICABLE LAWS, SHALL BE A SERIOUS, MATERIAL, AND IRREPARABLE VIOLATION OF THIS
`LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF THE TENANCY.
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`13.
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`MAINTENANCE.
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`13.1.
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`LANDLORD’S MAINTENANCEOBLIGATIONS. Maintenance andrepairsof items that
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`significantly impact habitability of the Residence as determined by Landlordin its sole and absolute
`discretion, or by Applicable Law, shall be deemed “Major Repairs.” Landlord shall be responsible for
`Major Repairs, including repairs to heating or air conditioning systems, roofing, and mechanical,
`electrical, and defective plumbing systems.
`
`Landlord may, at Landlord’s sole discretion, hire contractors to perform maintenanceor repairsat the
`Residence; however, no contractor shall be considered an employee of Landlord. Residentshall notify
`Landlord promptly if any contractorfails to perform requested maintenanceor repairs. Notification
`to a contractor of any further maintenance or repair request does not constitute sufficient notice to
`Landlord, and Resident agrees to makeall maintenance and repair requests directly to Landlord in
`writing.
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`13.2. RESIDENT’S MAINTENANCE OBLIGATIONS.Residentshall, at all times, use, operate,
`and safeguard the Residence,including any andall furnishings, improvements, equipment, hardware,
`appliances, landscaping, fixtures, and all mechanical, electrical, gas, and plumbingfixtures located at
`the Residence, and maintain, at Resident’s ownexpense,the same in a clean and sanitary condition and
`perform all other maintenance obligations imposed upon Resident underthis Lease. Resident shall be
`responsible for the performanceof all maintenanceandrepairs that do not constitute a Major Repair
`and are not Landlord’s obligation pursuant to Applicable Law. Resident’s maintenance