Filing # 196025684 E-Filed 04/11/2024 04:27:16 PM
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`16-2024-CC-006066-AXXX-MA Div: CC-E
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/12/2024 08:28:45 AM
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`6.
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`Plaintiff served Defendant with a notice on 04/07/2024 to paythe rent or deliver
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`possession but Defendantrefuses to do either. A copy ofthe notice is attached
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`7.
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`In accordance with Fla. Stat. Section 83.60(2), Defendant’s failure to pay the rent
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`into the registry of the court, in addition to the rent which accrues during the pendencyofthis
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`action, entitles Plaintiff to a Default Judgment for removal of Defendant and to recovera
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`judgment for rent due and owing,plus costs in accordance with Fla. Stat. Sections 83.59 and
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`83.62.
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`8.
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`Defendant’s failure to pay rent as due caused Plaintiff to retain undersigned counsel,
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`incurring reasonable attorney's fees and costs, which Defendant should pay pursuant to Fla. Stat.
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`Section 83.48 and Paragraph 24 (twenty-four) of the lease.
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`WHEREFORE,Plaintiff demands judgment for possession of the property and other
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`such relief this Court deemsjust and proper.
`
`Dated April 11, 2024
`
`/s/ElizabethCruikshank
`
`Elizabeth Cruikshank, Esq.
`Attorney for Plaintiff
`FL BAR NO. 120345
`Cruikshank Ersin, LLC
`6065 Roswell Road, Suite 680
`Atlanta, GA 30328
`Phone 770 884 8184, Fax 770 884 8114
`Email: Beth@cruikshankersin.com
`
`

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`NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT
`
`The Plaintiff and or Plaintiff's Attorney may beacting as a debt collector. Pursuant to the
`FDCPA Rule Regulation F, Part §1006.9(c)(1), Defendants are hereby provided the following
`notice:
`
`Because of the global COVID-19 pandemic, you may beeligible for temporary
`protection from eviction under the laws of yourState,territory, locality, or
`tribal area, or under Federal law.
`
`Learn the steps you should take now:
`
`(cid:120)(cid:120)
`
`e Visit www.cfpb.gov/eviction
`e Or call a housing counselor at 800-569-4287
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`

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`
`FLORIDA
`APARTMENT
`ASSOCIATION
`
`
`
`APARTMENTLEASE CONTRACT
`
`
`
`NATIONAL APARTMENT AS
`
`
`Date of Lease Contract:
`March 12, 2024
`This is a binding document. Readcarefully before signing.
`(whenthe Lease Contractis filled out)
`
`
`Moving In — General Information
`3. LEASE TERM AND TERMINATION NOTICE REQUIREMENTS.
`1. PARTIES. This Lease Contract (sometimesreferred to as the
`"lease") is between you,the resident(s) (list all people signing the
`Theinitial term of the Lease Contract begins onthe_15th day
`Lease Contract):
`of 2024|and ends at 11:59 p.m.March ,
`
`
`
`Jamauri Drayton
`the 14th day of
`April
`2025
`
`This Lease Contract will automatically renew month-to-month
`
`unlesseither party gives at least__60__days’ written notice of
`
`termination or intent to move-out as required by this paragraph
`
`and paragraph 47 (Move-Out Notice). If the numberof daysisn't
`
`filled in, at least 30 days' notice is required. In the event you fail to
`(cid:1)
`
`provide us with the required numberof days' written notice of
`
`termination andintent to vacate coinciding withthe lease expiration
`
`date, as required by this paragraph and paragraph 47 (Move-Out
`
`Notice), you acknowledgeand agreethat you shall beliable to us
`
`for liquidated damagesin the sum of $__1437.00
`(equal to
`one month's rent) if we give you the advanced written notice
`
`and us, the owner: Accel Jacksonville, LLC
`required by Fla.Stat. § 83.575(2). This liquidated damages amount
`
`is exclusive to insufficient notice under this paragraph and
`(cid:1)
`
`paragraph 47 (Move- OutNotice), and doesnotlimit collection rights
`
`with regard to other amountspotentially owedto us. If the lease
`
`term is not a month-to-month tenancy, we must notify you with
`(nameof apartment community ortitle holder). You've agreed to
`written notice no later than__60___
`days before the end of the
`lease termif the lease will not be renewed.
`rent Apartment No.
`2305
`,at 10350
`103rd_ Street
`Month-to-Month Tenancies:
`In the event this Lease Contract
`
`
`renews on a month-to-monthbasis, you must pay the amount of
`Jacksonville
`(street address) in
`rent we chargeat the time the month-to-month tenancy commences
`(zip code) (the "dwelling unit" or
`32210
`(city), Florida,
`pursuantto this paragraph and paragraph 15 (RentIncreases and
`the "premises") for use asa private residence only. The terms "you"
`Lease Contract Changes), inclusive ofany applicable month-to-month
`and "your"referto all residents listed above. The terms "we,""us,"
`fees and/or premiums. We may change yourrentat any time
`and "our" refer to the owner listed above (or any of owner's
`thereafter during a month-to-month tenancyby giving you noless
`successors’ in interest or assigns). Written or electronic notice to
`than 30 days' written notice. You will be requiredto abidebyall
`or from our managersconstitutes notice to or from us. If anyone
`notice requirementssetforth in the lease and remainliable to pay
`else has guaranteed performanceof this Lease Contract, a separate
`all other applicable charges due underthe lease during your month-
`Lease Contract Guarantyfor each guarantoris attached.
`to-month tenancyunlessspecifically changedin writing. All sums
`due underthis paragraphshall be additional rent. We may require
`
`The(&)Owneror L) Managerof these apartmentsis
`
`Hillpointe, LLC
`you to sign an addendum written for month-to-monthtenants.
`
`Either party may terminate a month-to-monthtenancybygiving
`
`the other party written notice no later than 30 days'prior to the
`
`whose addressislL01 S. New York Avenue, Unit
`end of the monthly rental period. If you fail to provide usat least
`
`211 Winter Park, FL 32789
`30 days' written notice to terminate a month-to-month tenancy
`. Such person or companyis authorized to receive
`prior to the end of the monthlyrental period, you shallbe liable to
`notices and demandsin the landlord's behalf.
`us for an additional 1 month'srent.
`
`A lease termination notice mustbe given in writing. Notice to the
`landlord must be delivered to the managementoffice at the
`(cid:1)
`apartment community or any other address designated by
`managementasfollows: 10350 103rd Street
`Jacksonville, FL 32210
`
`Except as otherwise required by applicablelaw, any notice required
`by this Leaseorlaw shall be in writing and shall be deemedto be
`delivered to youif: (a) delivered personally; (b) sent electronically
`via email to any email addressonfile with us as provided by you;
`(c) posted to the doorof your address shownabove;or (d) mailed
`by U.S. First Class Mail to your address shownabove.
`
`2. OCCUPANTS. The apartmentwill be occupied only by you and(list
`all other occupants not signing the Lease Contract):
`Jaliyah Drayton
`
`
`
`
`
`
`
`
`
`
`
`No oneelse may occupy the apartment. Personsnotlisted above
`mustnotstay in the apartmentfor more than
`days
`withoutourprior written consent.If the previous spaceisn'tfilled
`(cid:1)
`in, two days per monthis thelimit.
`
`© 2023, National ApartmentAssociation,Inc. - 7/2023, Florida
`
`4. SECURITY DEPOSIT. Unless modified by addenda,the total security
`deposit at the time of execution of this Lease Contractforall
`residents in the apartmentis$__1000.00
`| due on or before
`the date this Lease Contractis signed.
`Any security deposit or advancerentyou paid is being held in one
`ofthe following three waysas indicated below [Landlord check one
`option]:
`1. Inaseparate NON-INTERESTbearing accountfor yourbenefit
`(cid:1)
`in the following bank: First Horizon Bank
`
`whose address is165 Madison Ave. Memphis,
`
`TN 38103
`
`
`;OR
`
`(J 2. Inaseparate INTEREST bearing accountfor your benefit in
`(cid:1)
`the following bank:
`whoseaddressis
`
`
`
`If an interest bearing account, you will be entitled to receive and
`collectinterest inan amountofat least 75 percent ofthe annualized
`averageinterest rate payable on such accountorinterestat the rate
`of 5 percentperyear, simple interest, whicheverthe landlord elects.
`(3. Inacommingled accountat the following bank
`(cid:1)
`whoseaddressis
`
`
`
`provided that the landlord posts a surety bond with the
`countyorstate, as requiredby law,and paysyouinterest on
`yoursecurity deposit or advancerentat the rate of 5 percent
`per year simple interest.
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`Page 1 of 10
`(cid:1)
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`costs of late payments and damagesin such instancesaredifficult
`(cid:1)
`(cid:1)
`to determine. Wealso both agree that the amountof late rent and
`animalviolation fees charged are reasonable estimates of the
`administrative expenses, costs, and damages we would incurin
`suchinstances.
`
`All of the foregoing chargeswill be considered to be additional rent.
`
`. UTILITIES. We'll pay for the following items,if checked:
`
`L) water
`UL gas
`LJelectricity () master antenna.
`
`
`
`LJ) wastewater C)trash
`()cable TV
`&X) other Pest Control, Snow Removal
`You'll pay for all otherutilities, related deposits, and any charges,
`fees, or services on suchutilities. You mustnotallow utilities to be
`disconnected— including disconnectionfor not paying yourbills—
`until the lease term or renewalperiod ends. Cable channels that
`are provided maybe changed duringthelease term if the change
`applies to all residents. Utilities may be used only for normal
`household purposes and must notbe wasted. If your electricity is
`ever interrupted, you mustuse only battery-operatedlighting.If
`anyutilities are submeteredfor the apartment,or prorated by an
`allocation formula, we will attach an addendum to this Lease
`Contract in compliance with state agency rulesor city ordinance.
`Resident shall not heat the apartment using gas-operated stoves
`or ovens which wereintendedfor use in cooking.
`Wherelawful, all utilities, charges and fees of any kind underthis
`lease shall be considered additionalrent, and if partial payments
`are accepted by the Landlord, they will be allocated first to non-rent
`charges andto rentlast. Failure to maintain utilities as required
`herein is a material violation of the Lease and mayresult in
`. KEYS. You will be provided__0_apartmentkey(s), 1
`
`termination of tenancy, eviction and/or any other remedies under
`mailbox key(s),
`1
`FOB(s), and/or
`otheraccess
`the Lease andFlorida law.
`device(s) for access to the building and amenities at no additional
`cost at move-in. If the key, FOB, or other access deviceis lost or
`becomes damaged during your tenancyoris not returnedoris
`returned damaged when you moveout,you will be responsible for
`the costs for the replacement and/orrepair of the same.
`
`Initials of Resident. Resident acknowledges
`receiving a copyof F.S. 83.49(2)(d) which providesas follows:
`(cid:1)
`(cid:1)
`YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
`LANDLORD MAY TRANSFER ADVANCE RENTSTO 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 LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
`LANDLORD MUST RETURN THE DEPOSIT BUT MAYLATER 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.
`YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
`BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
`FAVOR A JUDGMENT IS RENDERED WILL BE AWARDEDCOSTS
`AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
`THIS DISCLOSUREIS BASIC. PLEASE REFERTO PART II OF CHAPTER
`83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS
`AND OBLIGATIONS.
`
`. RENT AND CHARGES. Unless modified by addenda,you will pay
`$ _1437.00__ per monthforrent, payable in advance and without
`demand:
`
`at the on-site manager's office, or
`(cid:1)
`at our online paymentsite,or
`
`Oat
`
`
`
`
`
`
`. INSURANCE. Wedo not maintain insuranceto cover yourpersonal
`propertyor personalinjury. We are not responsible to anyresident,
`guest, or occupant for damageorloss of personal property or
`personalinjury from (includingbut notlimitedto) fire, smoke, rain,
`(cid:1)
`flood, water and pipe leaks,hail, ice, snow,lightning, wind,
`explosions, earthquake, interruptionofutilities, theft, hurricane,
`negligence of other residents, occupants, or invited/uninvited
`guests or vandalism unless otherwise required by law.
`In addition, weurge all Tenants,and particularly those residing in
`coastal areas, areas nearrivers, and areas proneto flooding, to
`obtain flood insurance. Renter’s insurance may not cover damage
`to your property dueto flooding.A flood insurance resource which
`maybeavailable includes the National Flood Insurance Program
`managedbythe Federal Emergency ManagementAgency (FEMA).
`Prorated rent of $__894.00_is due for the remainderof[check
`We
`require L) do not require youto get your own insurance
`
`one]:&)1st month or L) 2nd month, on March 15
`for losses to your personal propertyorinjuries due to theft,fire,
`(cid:1)
`(cid:1)
`2024 |
`water damage,pipe leaks andthelike.If no box is checked, renter's
`insuranceis not required.
`required to purchase personal
`Additionally, you are [check one]
`liability insurance () not required to purchasepersonal liability
`insurance. If no box is checked, personalliability insuranceis not
`required. Ifrequired, failure to maintain personalliability insurance
`throughout your tenancy, including any renewalperiods and/or
`lease extensionsis an incurable breachof this Lease Contract and
`mayresult in the termination of tenancy and eviction and/or any
`other remediesas providedbythis Lease Contract orstate law.
`
`Otherwise, you mustpay yourrent on or before the 1st day of each
`month (duedate) with no graceperiod. Cash is unacceptable without
`ourprior written permission. You must not withhold oroffset rent
`unless authorized by statute. We may,at our option, require at any
`time that you pay all rent and other sumsin cash,certified or
`cashier's check, money order, or one monthly check rather than
`multiple checks. At our discretion, we may convert any andall
`checks via the Automated Clearing House (ACH) system for the
`purposesof collecting payment. Rent is not considered accepted,
`ifthe payment/ACH isrejected, does notclear,or is stopped for any
`. LOCKS AND LATCHES. Keyedlock(s) will be rekeyed after the
`reason. We may,but are not required to, accept rent throughdirect
`debit, ACH or other electronic meansestablished and approved by
`prior resident moves out. The rekeying will be done before you
`move into your apartment.
`us. If you don't pay all renton or before the
`3rd
`day of the
`month,you'll pay a late charge. Yourlate charge will be (check one)
`You mayat any time ask us to changeor rekeylocks or latches
`Oa flatrate of $
`or K)
`10
` % of yourtotal
`(cid:1)
`during the Lease Term. We must comply with those requests, but
`monthly rent payment.You'll also pay a charge of $
`40.00
`you mustpay for them,unless otherwise providedbylaw.
`for each returnedcheckorrejected electronic payment,plusalate
`Paymentfor Rekeying, Repairs, Etc. You mustpayfor all repairs
`charge.Ifyou don't pay rent on time,orfail to pay anyrent,utilities
`or replacementsarising from misuse or damageto devices by you
`or contractual fees due undera priorleaseif this is a renewallease,
`or your family, occupants, or guests during your occupancy. You
`you'll be delinquent andall remedies underthis Lease Contractwill
`be authorized. We'll also have all other remediesfor such violation.
`may be required to pay in advanceif we notify you within a
`reasonable time after your request that you are morethan 30 days
`All paymentobligations underthis Lease Contract shall constitute
`(cid:1)
`rent underthis Lease Contract.
`delinquent in reimbursing us for repairing or replacing a device
`which was misused or damaged by you,your guestor an occupant;
`or ifyou have requestedthat werepair or change or rekey the same
`device during the 30 days preceding your request and we have
`complied with your request. Otherwise, you must pay immediately
`after the work is completed.
`
`Weand you agreethatthefailureto pay rent timely or the violation
`of the animalrestrictions results in added administrative expenses
`and addedcoststo us, the sameasif we had to borrow money to
`pay the operating costs of the property necessary to cover such
`addedcosts. We both agreethat the late fee and animalviolations
`provisionsare intendedto be liquidated damagessince the added
`
`© 2023, National ApartmentAssociation,Inc. - 7/2023, Florida
`
`Page 2 of 10
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`
`Special Provisions and "WhatIf" Clauses
`RENT INCREASES AND LEASE CONTRACT CHANGES.
`10.
`SPECIAL PROVISIONS. Thefollowing special provisions and any
`addendaor written rules furnishedto you ator beforesigningwill
`No rent increases or Lease Contract changesare allowed before
`becomea part of this Lease Contract and will supersede any
`the initial Lease Contract term ends, except for changes allowed
`conflicting provisionsof this printed Lease Contract form.
`by anyspecial provisions in paragraph 10 (Special Provisions), by
`(cid:1)
`(cid:1)
`
`a written addendum or amendmentsigned by you andus, or by
`All payments made online will be subject to
`
`reasonable changesof apartmentrules allowed under paragraph
`service fees. After 2 returned payments are
`
`19 (Community Policies or Rules). If, at least 5 days before the
`received, resident must pay in certified
`
`funds.
`advance notice deadline referred to in paragraph 3 (Lease Term
`(cid:1)
`
`and Termination Notice Requirements), we give you written notice
`of rent increasesor lease changeseffective whenthe lease term or
`renewalperiod ends,this Lease Contract will automatically continue
`month-to-monthwith theincreasedrentor lease changes. The new
`modified Lease Contractwill begin onthe date statedin the notice
`(without necessity of your signature) unless you give us written
`move-outnotice under paragraph 47 (Move-OutNotice).
`
`See any additional special provisions.
`
`11.
`
`16.
`
` 15.
`
`EARLY MOVE-OUT. Unless modified by an addendum,if you:
`(cid:1)
`(1) move out without paying rent in full for the entire Lease
`Contract term or renewalperiod; or
`(2) moveout at our demand becauseof your default; or
`(3) are judicially evicted.
`DELAY OF OCCUPANCY.If occupancyis or will be delayed for
`You will be liable for all rent owed at the time and as it becomes
`construction,repairs, cleaning, or a previousresident's holding
`due underthe termsof your lease agreementuntil the apartment
`over, we're not responsible for the delay. The Lease Contract will
`is re-rented.
`remainin force subjectto: (1) abatementof rent onadaily basis
`12.
`during delay; and (2) yourright to terminateasset forth below.
`(cid:1)
`REIMBURSEMENT. You must promptly reimburseusforloss,
`Termination notice must be in writing. After termination, you are
`damage, governmentfines, or cost of repairs or service in the
`(cid:1)
`entitled only to refund of deposit(s) and any rent paid. Rent
`apartment or apartment community dueto a violation of the Lease
`abatementor Lease Contract termination doesnot applyif delay is
`Contractor rules, improperuse, or negligence by you or your guests
`for cleaning or repairs that don't prevent you from occupying the
`or occupantsor any othercausenotdueto our negligenceorfault
`apartment.
`as allowedbylaw,except for damagesby acts of God to the extent
`they couldn't be mitigated by your actionor inaction. You'll defend,
`indemnify and hold us harmlessfrom allliability arising from your
`conduct or that of your invitees, your occupants, your guests, or
`our representatives whoat your request perform services not
`contemplatedin this Lease. Unless the damage or wastewater
`stoppage is due to our negligence, we're not liable for—and
`you must pay for—repairs, replacementcosts, and damage to
`the following that result from your or your invitees, guests, or
`occupants’ negligenceor intentionalacts: (1)
`damage to doors
`windows,or screens; (2) damage from windowsordoorsleft
`open; and (3) damage from wastewater stoppages caused by
`improperobjects in lines exclusively servingyour apartment.
`We mayrequire paymentat any time, including advance payment
`of repairs for which you're liable. Delay in demanding sums you
`oweis nota waiver.
`
`If there is a delay and we haven't given noticeof delay as set forth
`immediately below, you may terminate up to the date when the
`apartmentis ready for occupancy, but notlater.
`(1) If we give written notice to any of you whenorafter the initial
`term asset forth in Paragraph 3 (Lease Term and Termination
`(cid:1)
`Notice Requirements)—andthe notice states that occupancy
`has been delayed because of construction or a previous
`resident's holding over, and that the apartmentwill be ready
`on a specific date—you may terminate the Lease Contract
`within 3 daysof yourreceiving the notice, but notlater.
`(cid:1)
`(2) If we give written notice to any of you before theinitial term
`as set forth in Paragraph 3 (Lease Term and Termination
`(cid:1)
`Notice Requirements) and the notice states that construction
`delay is expected and that the apartment will be ready for
`you to occupy ona specific date, you may terminate the Lease
`Contract within 7 days after any of you receives written notice,
`but notlater. The readiness date is considered the newinitial
`term asset forth in Paragraph 3 (Lease Term and Termination
`(cid:1)
`Notice Requirements) for all purposes. This new date may not
`be movedto an earlier date unless we and you agree.
`
`AD VALOREM TAXES/FEES AND CHARGES- ADDITIONALRENT.
`Unless otherwiseprohibitedbylaw,if, during the term ofthis Lease,
`anylocality, city, state, or Federal Government imposes upon Us,
`any fee, charge,or tax, whichis related to or charged by the number
`ofoccupants,or by the dwelling unititself, such that we are charged
`a fee, charge, or tax, based upon youruse or occupancyof the
`dwelling unit, we may add this charge as Additional Rent, during
`the term of the Lease Contract,with thirty (30) days advance written
`(cid:1)
`noticeto you. After this written notice (the amountor approximate
`amountof the charge, will be included), you agree to pay, as
`Additional Rent, the amountof the charge, tax or fee imposed upon
`us, as a result of your occupancy. As examples, these charges can
`include,but are not limited to: any charges wereceive for any zoning
`violation, sound, noise or litter charge; any charge under any
`nuisanceor chronic nuisance typestatute, 911 or otherlife safety,
`per person,orper unit chargeortax and anyutility bill unpaid by
`you,whichis then assessedto us for payment.
`
`DISCLOSURE RIGHTS. If someonerequests information on you
`or your rental history for law-enforcement, governmental, or
`business purposes, we mayprovideit. At our request, anyutility
`provider may give us information about pendingor actual
`connectionsor disconnectionsof utility service to your apartment.
`
`13.
`
`CONTRACTUALLIEN AND PROPERTYLEFT IN APARTMENT.
`All property in the apartment or commonareasassociated
`with the apartmentis (unless exempt understate statute)
`subject to a contractuallien to secure paymentof delinquent
`rent. Thelien will attach to your property or your property
`will be subject to the lien at the time you surrenderpossession
`or abandonthe premises.Forthis purpose, "apartment"includes
`commonareasassociated with the apartmentandinteriorliving
`areas and exterior patios, balconies, attached garages, and
`storeroomsfor yourexclusive use.
`Removal After Surrender or Abandonment. Weorlaw officers
`(cid:1)
`(cid:1)
`may, at our discretion, remove, dispose and/orstoreall property
`remaining in the apartmentor in commonareas (including any
`vehicles you or any occupantor guest ownsoruses) ifyou surrender,
`are judicially evicted, or abandon the apartment(see definitions
`in paragraph 52 (Surrender and Abandonment)).
`THE LANDLORDIS NOT REQUIRED TO COMPLY WITHs.715.104.
`BY SIGNING THIS RENTAL AGREEMENT,THE TENANT AGREES
`THAT UPON SURRENDER, ABANDONMENT,OR RECOVERY OF
`POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF
`THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER
`83, FLORIDA STATUTES, THE LANDLORDSHALLNOT BE LIABLE
`OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE
`TENANT'S PERSONAL PROPERTY.
`
`Storage. We maystore, but have no dutyto store, property removed
`after surrender, eviction, or abandonmentof the apartment. We're
`not liable for casualty loss, damage,or theft except for property
`removed undera contractuallien. You must pay reasonable charges
`for our packing, removing,storing, and selling any property.
`
`14,
`
`FAILING TO PAY RENT.Ifyou don't paythefirst month's rent when
`(cid:1)
`or before the Lease Contract begins, or any other rent due under
`this lease we may endyourright of occupancy and recover damages,
`attorney's fees, court costs, and other lawful charges.
`
`17.
`
`18.
`
`© 2023, National ApartmentAssociation,Inc. - 7/2023, Florida
`
`Page 3 of 10
`(cid:1)
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`

`
`
`
`While You're Living in the Apartment
`19.
`COMMUNITYPOLICIES OR RULES. You andall guests and
`sexually explicit, or is inappropriate with respect to race, gender,
`occupants must comply with any written apartment rules and
`sexuality, ethnicity, or other intrinsic characteristic; or is unrelated
`communitypolicies, including instructionsfor care ofour property.
`to the goodsorservices offered byor available at this Apartment
`Our rules are consideredpart of this Lease Contract. We may make
`Community;oris clearly false or misleading. You agree not to use
`reasonable changesto written rules,effective immediately,if they
`our corporate names,slogans,images,photos,logos, internet domain
`are distributed and applicable to all units in the apartment
`names,trademarks,copyrights or trade names. Anyviolation of
`community and do not change dollar amounts on page1 of this
`this paragraph shall be a material breach of this Lease and will
`Lease Contract.
`entitle us to exerciseall rights and remedies underthe lease and
`law.
`
`20.
`
`LIMITATIONS ON CONDUCT. The apartment and other areas
`reservedfor your private use mustbe keptclean andfree of trash,
`PARKING. We mayregulate the time, manner,andplaceof parking
`cars, trucks, motorcycles, bicycles, boats, trailers, recreational
`garbage,andotherdebris. Trash must bedisposed ofat least weekly
`in appropriate receptacles in accordance with local ordinances.
`vehicles, and storage devices by anyone. We mayhave unauthorized
`or illegally parked vehicles towed underan appropriate statute. A
`Passageways maybe usedonly for entryorexit. You agree to keep
`vehicle is unauthorizedorillegally parked in the apartment
`all passageways and commonareas free of obstructions such as
`communityif it:
`trash, storage items,and all formsof personal property. No person
`shall ride or allow bikes, skateboards,or other similar objects in
`(1) hasaflat tire or other condition renderingit inoperable; or
`the passageways. Any swimmingpools, saunas,spas, tanning beds,
`(2) is on jacks, blocks or has wheel(s) missing; or
`exercise rooms,storerooms,laundry rooms,andsimilar areas must
`(3) has no currentlicense plate or no current registration and/or
`be used with care in accordancewith apartmentrules and posted
`inspectionsticker; or
`signs. Glass containers are prohibited in all commonareas. You,
`(4) takes up morethan one parking space; or
`your occupants, or guests may not anywherein the apartment
`(5) belongs to a resident or occupant who has surrendered or
`community:use candlesor use kerosene lampsor kerosene heaters
`abandonedthe apartment; or
`withoutourprior written approval; cook on balconiesor outside;
`(6) is parked in a marked handicap space without the legally
`or solicit businessor contributions. Conducting any kind of business
`required handicapinsignia; or
`(including child care services) in your apartmentor in the apartment
`(7) is parked in space marked for manager,staff, or guest at the
`office; or
`community is prohibited—exceptthat any lawful business conducted
`(cid:1)
`"at home" by computer,mail, or telephoneis permissible ifcustomers,
`(8) blocks anothervehicle from exiting; or
`clients, patients, or other business associates do not cometo your
`(9) is parked inafire lane or designated "no parking" area; or
`(10) is parked in a space markedfor otherresident(s) or unit(s); or
`apartmentfor business purposes. We mayregulate: (1) the use of
`patios, balconies, and porches; (2) the conductof furniture movers
`(11) is parked onthegrass, sidewalk, or patio; or
`(cid:1) (cid:1)
`and delivery persons; and (3) recreational activities in common
`(12) blocks garbagetrucks from access to a dumpster; or
`
`areas. You'll be liable to us for damage causedby you or any guests (13) belongsto a resident andis parkedinavisitor orretail parking
`space.
`or occupants.
`We may exclude, and/or "No Trespass" from the apartment
`community guests or others who,in our judgment, have been
`violating the law,violating this Lease Contract or any apartment
`rules, or disturbing otherresidents, neighbors,visitors, or owner
`representatives. We mayalso exclude from any outside area or
`commonareaa person whorefusesto show photoidentification
`(cid:1)
`or refusesto identify himself or herself as a resident, occupant, or
`guestof a specific resident in the community. Tenantagrees that
`(cid:1)
`landlord reserves the right to trespass any non-tenant from the
`leased premises and commonareas.
`You agreeto notify usifyou or any occupantsare convicted of any
`felony, or misdemeanorinvolving a controlled substance, violence
`to another personor destruction of property. You also agree to
`notify us if you or any occupantregisters as a sex offender in any
`state. Informingus of criminal convictionsorsex offenderregistry
`does not waive ourright to evict you.
`
` 22.
`
`23.
`
`24,
`
`25.
`
`21.
`
`PROHIBITED CONDUCT.You, your occupantsor guests, or the
`guests of any occupants, maynot engagein thefollowingactivities:
`behaving in a loud or obnoxious manner;disturbing or threatening
`the rights, comfort, health, safety, or convenienceofothers(including
`our agents and employees) in or near the apartment community;
`disrupting our business operations; manufacturing, delivering,
`possessing with intent to deliver, or otherwise possessing a
`controlled substance or drug paraphernalia; engaging in or
`threatening violence; possessing a weaponprohibited bystate law;
`discharging a firearm in the apartment community;displaying or
`possessing a gun, knife, or other weapon in the commonarea ina
`waythat mayalarm others; engagingin criminalactivity that
`threatensthe health,safety, or right to peaceful enjoymentofothers
`in or near the apartment community (regardless of arrest or
`conviction); storing anythingin closets having gas appliances;
`tamperingwithutilities or telecommunications; bringing hazardous
`materials into the apartment community;or injuring our reputation
`by makingbadfaith allegations against us to others. You agree to
`communicate and conductyourselfatall times ina lawful, courteous,
`and reasonable manner wheninteracting with our employees,
`agents, independent contractors, and vendors; otherresidents,
`occupants,guestsor invitees; or any other person on the premises.
`You agree not to engage in any abusive behavior, either verbal or
`physical, or any form ofintimidation or aggression directed at our
`employees, agents, independent contractors, and vendors; other
`residents, occupants,guests or invitees; or any other person on the
`premises. If requested by us, you agree to conductall further
`business withus in writing. You agree not to make, post or publish
`information that contains the personalinformation or likeness of
`anotherperson,oris libelous, harassing, abusive, obscene,vulgar,
`
`RELEASEOF RESIDENT. Unless you're entitled to terminate your
`tenancy under paragraphs10 (Special Provisions), 16 (Delay of
`(cid:1)
`Occupancy), 24 (Military Personnel Clause), 32 (Responsibilities
`of Owner), 47 (Move-Out Notice), or by separate addendum,you
`won'tbe released from this Lease Contract for any reason—including
`but not limited to voluntary or involuntary school withdrawal or
`transfer, voluntaryor involuntaryjob transfer, marriage, separation,
`divorce, reconciliation, loss of co-residents, loss of employment,
`bad health, or death.
`
`MILITARY PERSONNELCLAUSE. All parties to this Lease Contract
`agree to comply with anyfederallaw,including, but not limited to
`the Service Member's Civil ReliefAct, or any applicable state law(s),
`ifyouare seeking to terminate this Lease Contract and/or subsequent
`renewals and/or Lease Contract extensions undertherights granted
`by such laws.
`
`RESIDENT SAFETY AND PROPERTYLOSS. You andall occupants
`and guests must exercise due care for your own andothers' safety
`andsecurity, especially in the use of smoke detectors and carbon
`monoxidedetectors, keyed deadboltlocks, keyless bolting devices,
`windowlatches,and otheraccess control devices.
`SmokeDetectors and Carbon M