Filing # 196519341 E-Filed 04/18/2024 04:07:52 PM
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`16-2024-CC-006472-AXXX-MA Div: CC-M
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/19/2024 03:47:28 PM
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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
`$1,275.00 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 18, 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 Southwoodfor the amount of $1,275.00.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 debt collector
`in writing within the 30-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a
`copy of a judgmentagainst you and a copy of suchverification or judgment will be mailed to you by the debt collector. Although you have 30
`days to dispute the debt, that period does not delayinitiation of legal action against you. Upon your written request within the 30-day period, the
`debtcollector will provide you with the name and address ofthe original creditor, if different from the current creditor.
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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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`Except as otherwise required by applicable law, any notice required
`by this Lease or law shall be in writing and shall be deemed to be
`delivered to you if: (a) delivered personally; (b) sent electronically
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`(c) posted to the door of your address shown above; or (d) mailed
`by U.S. First Class Mail to your address 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. - 7/2023, Florida
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`in, two days per month is the limit.
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`No one else may occupy the apartment. Persons not listed above must not stay in the apartment for more than without our prior written consent. days
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`3. LEASE TERM AND TERMINATION NOTICE REQUIREMENTS.
`The initial term of the Lease Contract begins on the
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`of
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`, and ends at 11:59 p.m.
`the
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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.
`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
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`end of the monthly rental period. If you fail to provide us at least
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`prior to the end of the monthly rental period, you shall be liable to
`us for an additional 1 month's rent.
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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
`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
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`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 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.
`YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
`BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
`FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS
`AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
`THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER
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`AND OBLIGATIONS.
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`5. KEYS. You will be provided
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` apartment key(s),
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`mailbox key(s),
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` FOB(s), and/or
` other access
`device(s) for access to the building and amenities at no additional
`cost at move-in. If the key, FOB, or other access device is lost or
`becomes damaged during your tenancy or is not returned or is
`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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` is due for the remainder of [check
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` at our online payment site, or
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` at
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`Prorated rent of $
`one]:
` 1st month or
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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
`© 2023, National Apartment Association, Inc. - 7/2023, Florida
`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
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`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
` cable TV
` 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).
`require
`do not require you to get your own insurance
`We
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`water damage, pipe leaks and the like. If no box is checked, renter's
`insurance is not required.
`Additionally, you are
`required to purchase personal
`liability insurance
`not required to purchase personal liability
`insurance. If no box is checked, personal liability insurance is not
`required. If required, failure to maintain personal liability insurance
`throughout your tenancy, including any renewal periods and/or
`lease extensions is an incurable breach of this Lease Contract and
`may result in the termination of tenancy and eviction and/or any
`other remedies as provided by this Lease Contract or state law.
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`9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the
`prior resident moves out. The rekeying will be done before you
`move into your apartment.
`You may at any time ask us to change or rekey locks or latches
`during the Lease Term. We must comply with those requests, but
`you must pay for them, unless otherwise provided by law.
`Payment for Rekeying, Repairs, Etc. You must pay for all repairs
`or replacements arising from misuse or damage to devices by you
`or your family, occupants, or guests during your occupancy. You
`may be required to pay in advance if we notify you within a
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`delinquent in reimbursing us for repairing or replacing a device
`which was misused or damaged by you, your guest or an occupant;
`or if you have requested that we repair or change or rekey the same
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`complied with your request. Otherwise, you must pay immediately
`after the work is completed.
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`

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`When Moving Out
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`47. MOVE-OUT NOTICE. Before moving out, either at the end of the
`lease term, any extension of the lease term, or prior to the end of the
`lease term, you must give our representative advance written notice
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`Term and Termination Notice Requirements). If you move out prior
`to the end of the lease term, your notice does not act as a release of
`liability for the full term of the Lease Contract. You will still be liable
`for the entire Lease Contract term if you move out early (see paragraph
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`Contract under a separate Addendum, the statutory rights explained
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`Resident), or any other applicable law. All notices to vacate must be
`in writing and must provide the date by which you intend to vacate.
`If the notice does not comply with the time requirements of paragraph
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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
`telephone or TV cable services or rental items (if you so request or
`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
`or alarm systems; packing, removing, or storing property removed
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`move by the last date in the lease term, you will be responsible for
`damages permitted under the lease and law. If you fail to vacate by
`the date set forth in any notice to vacate, we may seek the remedies
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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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`deem your notice void and you must submit a new written notice. If
`you fail to provide proper notice and vacate, you will be responsible
`for damages permitted under the lease and law.
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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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`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 at least seven
`(7) days before you vacate or abandon the premises. You are required
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`only. Failure to give such notice in compliance with this paragraph
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`you may have to the security deposit or any part of it.
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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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`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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`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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`53.
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`54.
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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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`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
`© 2023, National Apartment Association, Inc.
`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
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`addenda, amendments, and agreements may be used for any purpose and shall be treated as an original.
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`Owner or Owner’s Representative
`(signing on behalf of owner)
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` Date Signed
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`Exhibit B
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`

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`DATE: 04/09/2024
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`THREE DAYS NOTICE
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`TO:NVictor Herrera, ,, ,
`AND ALL OTHERSIN POSSESSION OF 4076 Barnes Road South, 508, Jacksonville, FL 32207
`and located in Duval County, Florida.
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`You are hereby notified that you are indebted to mein the sum of $1,275.00for the rent designated
`in the rental agreement and for use of the premises described above and now occupied by you asa result
`of your failure to pay such rent for the following month(s):
`April of 2024.
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`I demand payment of the rent or possession of the premises within three (3) days (excluding
`Saturdays, Sundays, and legal holidays) from the date of delivery of this notice. To Wit: on or before the
`12dayof April, 2024.
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`This notice is given to you pursuant to Florida Statutes Section 83.56 (3). Yourfailure 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 GOVERNEDTee
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`CERTIFICATE OF SERVICE
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`|] HEREBY CERTIFY that a true andcorrect copyof:
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`{_]_This notice wasserved personally.
`The person(s) were absent from his/her last usual place of residence, and this notice was
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`nd posted at the residence/address referenced above. DATE: 04/09/2024
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`Authorized Ag
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`Date of Service
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`Landlord: Southwood - MW-S&L JACKSONVILLE 1 LLC
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`Address:
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`4060 Barnes Rd,
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`Jacksonville, FL 32207
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`Telephone: (904) 867-4186
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`: In accordance with recent guidance provided by The ConsumerFinancial Protection Bureau because ofthe global COVID-19 pandemic, you
`pmey beeligible for temporary protection fromeviction under Federal law, Learn the steps you should take now:
`1° Visit www.eiph,pone
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`