Filing # 196424540 E-Filed 04/17/2024 04:09:31 PM
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`16-2024-CC-006356-AXXX-MA Div: CC-O
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/18/2024 11:29:00 AM
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`9.
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`In accordance with Fla. Stat. Section 83.60(2), if Tenant(s) fails deposit the sum of
`$1,100.00 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
`judgment for rent due and owing,pluscosts 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
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`reasonable attorney's fees and costs, which tenant(s) should pay pursuant to Fla. Stat. Sec.
`83.48 and the Lease.
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`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.
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`Dated: April 17, 2024
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`s/ Elizabeth S. Rivera, Esq.
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`FL Bar Number57330
`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
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`NOTICE OF DEBT
`Youare indebted to FCI FL2 Holdings, LLC dba LansdowneCrossing for the amount of $1,100.00.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 ofthe
`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 debtcollector will provide you with the name and addressof the original creditor, if different from the currentcreditor.
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`

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`Exhibit A
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`APARTMENT LEASE CONTRACT
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`Date of Lease Contract:
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`This is a binding document. Read carefully before signing.
`Moving In — General Information
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`1. PARTIES. This Lease Contract (sometimes referred to as the
`"lease") is between you, the resident(s) (list all people signing the
`Lease Contract):
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`and us, the owner:
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`(name of apartment community or title holder). You've agreed to
`rent Apartment No.
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` , at
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`(street address) in
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`(city), Florida,
` (zip code) (the "dwelling unit" or
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`the "premises") for use as a private residence only. The terms "you"
`and "your" refer to all residents listed above. The terms "we," "us,"
`and "our" refer to the owner listed above (or any of owner's
`successors' in interest or assigns). Written or electronic notice to
`or from our managers constitutes notice to or from us. If anyone
`else has guaranteed performance of this Lease Contract, a separate
`Lease Contract Guaranty for each guarantor is attached.
`The
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` Owner or
` Manager of these apartments is
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`whose address is
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`. Such person or company is authorized to receive
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`notices and demands in the landlord's behalf.
`A lease termination notice must be given in writing. Notice to the
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`apartment community or any other address designated by
`management as follows:
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`.
`Notice to the tenant must be delivered to the Resident's address as
`shown above.
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`2. OCCUPANTS. The apartment will be occupied only by you and (list
`all other occupants not signing the Lease Contract):
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`© 2023, National Apartment Association, Inc. - 3/2023, Florida
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`No one else may occupy the apartment. Persons not listed above
`must not stay in the apartment for more than
` days
`without our prior written consent.
`in, two days per month is the limit.
`3. LEASE TERM AND TERMINATION NOTICE REQUIREMENTS.
`The initial term of the Lease Contract begins on the
` day
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` of the
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` , day of
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` , and ends at 11:59 p.m. , .
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`This Lease Contract will automatically renew month-to-month
`unless either party gives at least
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` days' written notice of
`termination or intent to move-out as required by this paragraph
`and paragraph 47 (Move-Out Notice). If the number of days isn't
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`provide us with the required number of days' written notice of
`termination and intent to vacate coinciding with the lease expiration
`date, as required by this paragraph and paragraph 47 (Move-Out
`Notice), you acknowledge and agree that you shall be liable to us
`for liquidated damages in the sum of $
` (equal to
`one month's rent) if we give you the advanced written notice
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`paragraph 47 (Move-Out Notice), and does not limit collection rights
`with regard to other amounts potentially owed to us. If the lease
`term is not a month-to-month tenancy, we must notify you with
`written notice no later than
` days before the end of the
`lease term if the lease will not be renewed.
`Palm Beach County: If the number of days in the paragraph above
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`Month-to-Month Tenancies: In the event this Lease Contract
`renews on a month-to-month basis, you must pay the amount of
`rent we charge at the time the month-to-month tenancy commences
`pursuant to this paragraph and paragraph 15 (Rent Increases and
`Lease Contract Changes), inclusive of any applicable month-to-month
`fees and/or premiums. We may change your rent at any time
`thereafter during a month-to-month tenancy by giving you no less
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`notice requirements set forth in the lease and remain liable to pay
`all other applicable charges due under the lease during your month-
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`due under this paragraph shall be additional rent. We may require
`you to sign an addendum written for month-to-month tenants.
`Either party may terminate a month-to-month tenancy by giving
`the other party written notice no later than 15 days' prior to the
`end of the monthly rental period. If you fail to provide us at least
`15 days' written notice to terminate a month-to-month tenancy
`prior to the end of the monthly rental period, you shall be liable to
`us for an additional 1 month's rent.
`Saint Petersburg: Either party may terminate a month-to-month
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`days' prior to the end of the monthly rental period. If you fail to
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`to-month tenancy prior to the end of the monthly rental period,
`you shall be liable to us for an additional 1 month's rent.
`Miami-Dade County, Broward County, Palm Beach County,
`Orange County, City of Lake Worth Beach, City of West Palm
`Beach, Village of Royal Palm Beach, Naples: Either party may
`terminate the month-to-month tenancy by giving the other party
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`period. We may change your rent at any time thereafter during a
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`notice. You will be required to abide by all notice requirements set
`forth in the lease and remain liable to pay all other applicable
`charges due under the lease during your month-to-month tenancy
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`paragraph shall be additional rent. This paragraph is only applicable
`if the dwelling unit is located in the following localities: Miami-Dade
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`Hillsborough County and City of Tampa: Either party may
`terminate the month-to-month tenancy by giving the other party
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`period. You will be required to abide by all notice requirements set
`forth in the lease and remain liable to pay all other applicable
`charges due under the lease during your month-to-month tenancy
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`paragraph shall be additional rent. This paragraph is only applicable if the dwelling unit is located in Hillsborough County and the City of Tampa.
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`4. SECURITY DEPOSIT.
`deposit at the time of execution of this Lease Contract for all
`residents in the apartment is $
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`, due on or before
`the date this Lease Contract is signed.
`Any security deposit or advance rent you paid is being held in one
`of the following three ways as indicated below [Landlord check one
`option]:
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`in the following bank:
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`whose address is
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`; OR
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`the following bank:
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`whose address is
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`If an interest bearing account, you will be entitled to receive and
`collect interest in an amount of at least 75 percent of the annualized
`average interest rate payable on such account or interest at the rate
`of 5 percent per year, simple interest, whichever the landlord elects.
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`whose address is
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`provided that the landlord posts a surety bond with the
`county or state, as required by law, and pays you interest on
`your security deposit or advance rent at the rate of 5 percent
`per year simple interest.
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` Initials of Resident. Resident acknowledges
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`YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
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`ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU
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`SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING
`YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN
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`IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY
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`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
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`A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY
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`REFUND.
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`5. KEYS. You will be provided
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` apartment key(s),
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` other access
`mailbox key(s),
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`device(s) for access to the building and amenities at no additional
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`becomes damaged during your tenancy or is not returned or is
`© 2023, National Apartment Association, Inc. - 3/2023, Florida
`returned damaged when you move out, you will be responsible for
`the costs for the replacement and/or repair of the same.
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`6. RENT AND CHARGES.
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`$
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` per month for rent, payable in advance and without
`demand:
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` at our online payment site, or
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` at
`one]:
` is due for the remainder of [check
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` 1st month or .
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` Prorated rent of $
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`Otherwise, you must pay your rent on or before the 1st day of each
`month (due date) with no grace period. Cash is unacceptable without
`our prior written permission. You must not withhold or offset rent
`unless authorized by statute. We may, at our option, require at any
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`cashier's check, money order, or one monthly check rather than
`multiple checks. At our discretion, we may convert any and all
`checks via the Automated Clearing House (ACH) system for the
`purposes of collecting payment. Rent is not considered accepted,
`if the payment/ACH is rejected, does not clear, or is stopped for any
`reason. We may, but are not required to, accept rent through direct
`debit, ACH or other electronic means established and approved by
`us. If you don't pay all rent on or before the
` day of the
`month, you'll pay a late charge. Your late charge will be (check one)
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` or
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` % of your total
`monthly rent payment. You'll also pay a charge of $
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`for each returned check or rejected electronic payment, plus a late
`charge. If you don't pay rent on time, or fail to pay any rent, utilities
`or contractual fees due under a prior lease if this is a renewal lease,
`you'll be delinquent and all remedies under this Lease Contract will
`be authorized. We'll also have all other remedies for such violation.
`All payment obligations under this Lease Contract shall constitute
`rent under this Lease Contract.
`We and you agree that the failure to pay rent timely or the violation
`of the animal restrictions results in added administrative expenses
`and added costs to us, the same as if we had to borrow money to
`pay the operating costs of the property necessary to cover such
`added costs. We both agree that the late fee and animal violations
`provisions are intended to be liquidated damages since the added
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`to determine. We also both agree that the amount of late rent and
`animal violation fees charged are reasonable estimates of the
`administrative expenses, costs, and damages we would incur in
`such instances.
`All of the foregoing charges will be considered to be additional rent.
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`7. UTILITIES. We'll pay for the following items, if checked:
` water
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` gas
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` electricity
` master antenna.
` wastewater
` trash
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` other
`You'll pay for all other utilities, related deposits, and any charges,
`fees, or services on such utilities. You must not allow utilities to be
`disconnected— including disconnection for not paying your bills —
`until the lease term or renewal period ends. Cable channels that
`are provided may be changed during the lease term if the change
`applies to all residents. Utilities may be used only for normal
`household purposes and must not be wasted. If your electricity is
`ever interrupted, you must use only battery-operated lighting. If
`any utilities are submetered for the apartment, or prorated by an
`allocation formula, we will attach an addendum to this Lease
`Contract in compliance with state agency rules or city ordinance.
`Resident shall not heat the apartment using gas-operated stoves
`or ovens which were intended for use in cooking.
`Where lawful, all utilities, charges and fees of any kind under this
`lease shall be considered additional rent, and if partial payments
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`charges and to rent last. Failure to maintain utilities as required
`herein is a material violation of the Lease and may result in
`termination of tenancy, eviction and/or any other remedies under
`the Lease and Florida law.
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`8. INSURANCE. We do not maintain insurance to cover your personal
`property or personal injury. We are not responsible to any resident,
`guest, or occupant for damage or loss of personal property or
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`explosions, earthquake, interruption of utilities, theft, hurricane,
`negligence of other residents, occupants, or invited/uninvited
`guests or vandalism unless otherwise required by law.
`In addition, we urge all Tenants, and particularly those residing in
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`may be available includes the National Flood Insurance Program
`managed by the Federal Emergency Management Agency (FEMA).
`We
`require
`do not require you to get your own insurance
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`water damage, pipe leaks and the like. If no box is checked, renter's
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`insurance is not required.Additionally, you are
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`liability insurance required to purchase personal not required to purchase personal liability insurance. If no box is checked, personal liability insurance is not
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`48.
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`The move-out date can't be changed
`unless we and you both agree in writing. You won't move out before
`the lease term or renewal period ends unless all rent for the entire
`lease term or renewal period is paid in full. You're prohibited by law
`from applying any security deposit to rent. You won't stay beyond
`the date you are supposed to move out. All residents, guests, and
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`period for deposit refund begins. You must give us and the U.S. Postal
`Service, in writing, each resident's forwarding address.
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`49.
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`You must thoroughly clean the apartment, including
`doors, windows, furniture, bathrooms, kitchen appliances, patios,
`balconies, garages, carports, and storage rooms. You must follow
`move-out cleaning instructions if 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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`You should meet with our representative
`for a move-out inspection. Our representative has no authority to
`bind or limit us regarding deductions for repairs, damages, or charges.
`Any statements or estimates by us or our representative are subject
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`or accounting.
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`51. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES.
`You'll be liable for the following charges, if applicable: unpaid rent;
`unpaid utilities; unpaid contractual fees, early termination charges,
`or liquidated damages if applicable; unreimbursed service charges;
`repairs or damages caused by negligence, carelessness, accident, or
`abuse, including stickers, scratches, tears, burns, stains, or unapproved
`holes; replacement cost of our property that was in or attached to
`the apartment and is missing; replacing dead or missing smoke-
`detector and carbon monoxide detector batteries; utilities for repairs
`or cleaning; trips to let in company representatives to remove your
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`have moved out); trips to open the apartment when you or any guest
`or occupant is missing a key; unreturned keys; missing or burned-out
`light bulbs; removing or rekeying unauthorized access control devices
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`or alarm systems; packing, removing, or storing property removed
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`in Apartment); removing illegally parked vehicles; special trips for
`trash removal caused by parked vehicles blocking dumpsters; false
`security-alarm charges unless due to our negligence; animal-related
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`against us for violation (by you, your occupants, or guests) of local
`ordinances relating to smoke detectors and carbon monoxide
`detectors, false alarms, recycling, or other matters; late-payment
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`manager's time and inconvenience in our lawful removal of an animal
`or in any valid eviction proceeding against you, plus attorney's fees,
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`this Lease Contract.
`You'll be liable to us for any charges for replacing all keys and access
`devices referenced in paragraph 5 (Keys) if you fail to return them
`on or before your actual move-out date.
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`52. SURRENDER AND ABANDONMENT.
`Surrender. You have surrendered the apartment when all apartment
`keys and access devices listed in paragraph 5 (Keys) have been turned
`in where rent is paid.
`Abandonment.
`of actual knowledge of abandonment, it shall be presumed that you
`have abandoned the apartment if you 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
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`Surrender, abandonment, and judicial eviction end your right of
`possession for all purposes and gives us the immediate right to: clean
`up, make repairs in, and relet the apartment; determine any security
`deposit deductions, and remove property left in the apartment.
`Surrender, abandonment, and judicial eviction affect your rights to
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`Property Left in Apartment)), but do not affect our mitigation
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`Severability, Signatures, Originals and Attachments
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`53.
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`54.
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`If any provision of this Lease Contract is invalid
`or unenforceable under applicable law, such provision shall be
`ineffective to the extent of such invalidity or unenforceability only
`without invalidating or otherwise affecting the remainder of this
`Lease Contract. The court shall interpret the lease and provisions
`herein in a manner such as to uphold the valid portions of this Lease
`Contract while preserving the intent of the parties.
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`This Lease Contract has been
`executed in multiple originals, with original signatures. We will
`provide you with a copy of the Lease Contract. Your copy of the
`Lease Contract may be in paper format, in an electronic format at
`your request, or sent via e-mail if we have communicated by e-mail
`about this Lease. Our rules and community policies, if any, will be
`attached to the Lease Contract and provided to you at signing. When
`an Inventory and Condition form is completed, you should retain
`a copy, and we should retain a copy. Any addenda or amendments
`you sign as a part of executing this Lease Contract are binding and
`are hereby incorporated into and made part of the Lease Contract
`between you and us. This lease is the entire agreement between
`you and us. You acknowledge that you are NOT relying on any oral
`representations. A copy or scan of this Lease Contract and related
`addenda, amendments, and agreements may be used for any purpose
`and shall be treated as an original.
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`You are legally bound by this document.
`Read it carefully before signing.
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`Resident or Residents
`(all sign below)
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` Date Signed
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`Owner or Owner’s Representative
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` Date Signed
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`Address and phone number of owner's representative for notice
`purposes
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`Name and address of locator service (if applicable)
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`© 2023, National Apartment Association, Inc.
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`

`

`Exhibit B
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`

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`
`
`THREE DAYS NOTICE
`
`DATE: _04/08/2024
`
`,
`TO:Bryan Powe...
`AND ALL OTHERSIN POSSESSION OF1600 LansdowneDr, 3-316, Jacksonville, FL 32211 and
`located in County, Florida.
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`You are hereby notified that you are indebted to me in the sum of $1,100.00 for the rent
`designatedin the rental agreementand for use of the premises described above and now occupied by you
`as a result of yourfailure to pay such rent for the following month(s):
`April of 2024.
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`I demand paymentof the rent or possession of the premises within three (3) days (excluding
`Saturdays, Sundays, and legal holidays) from the date of delivery ofthis notice. To Wit: on or before
`the 11day of April, 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 CERTIFYthat a true and correct copy of:
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`This notice was served personally.
`()
`(a The person(s) were absent from his/herlast usual place ofresidence, and this notice was
`delivered and posted at the residence/address referenced above.
`Ade 3
`fir
`DATE: 04/08/2024
`Authorized Agent for Landlord
`Date of Service
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`BY:
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`Landlord: Lansdowne Crossing - MW-S&L JACKSONVILLE 1 LLC
`
`eeeeneaer
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`Address:
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`1600 Lansdowne Dr,
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`Jacksonville, FL 32211
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`Telephone: (904) 479-1715
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`In accordance with recent guidance provided by The Consumer Financial Protection Bureau becauseofthe global COVID-19 pandemic, you may
`be eligible for temporary protection from eviction under Federal law. Learnthe steps you should take now:
`* Visit www.cfpb.gov/eviction
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`* Or call a housing counselor at 800-569-4287
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`