Filing # 196731338 E-Filed 04/22/2024 04:41:26 PM
`
`16-2024-CC-006625-AXXX-MADiv: CC-E
`
`IN THE COUNTY COURT, FOURTH
`JUDICIAL CIRCUIT IN AND FOR
`DUVAL COUNTY, FLORIDA
`
`CASE NO.:
`DIVISION:
`
`OAKS AT RED BAY, LLC
`d/b/a Red Bay Apartments,
`
`vs.
`
`Plaintiff,
`
`JAMANA LATERICA SMITH,
`
`Defendant.
`
`/
`
`COMPLAINT FOR EVICTION
`
`Plaintiff, OAKS AT RED BAY, LLC d/b/a Red Bay Apartments (the “Landlord’’), brings
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`this Complaint for Residential Eviction against Defendant, JAMANA LATERICA SMITH (the
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`“Tenant’’) for possession of real property pursuant to 83.40, Fla. Stat., and alleges the following:
`
`1.
`
`This is an action against Tenant for eviction from real property in Duval County,
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`Florida and therefore venueis proper pursuant to 47.011, Fla. Stat.
`
`2.
`
`The Landlord elects to proceed under the summary procedure provided in 51.011, Fla.
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`Stat. Additionally, this Court has subject matter jurisdiction over this action pursuant to 34.011, Fla.
`
`Stat.
`
`3.
`
`The Landlord ownsoris the authorized agent for the record owner of the following
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`real and personal property in Duval County, Florida: 7528 ARLINGTON EXPWY., #1123,
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`JACKSONVILLE, FL 32211 (the “Property”).
`
`4.
`
`All conditions precedent to the bringing of this action have occurred, have been
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`satisfied or otherwise have been waived.
`
`5.
`
`The Tenant has possession of said property under a written Lease (the “Lease”). A
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`copy of the Leaseis attached hereto as Exhibit "A".
`
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/23/2024 01:00:49 PM
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`

`

`6.
`
`The Tenant failed to pay the Landlord the amount of $1,269.00 for rent, late fees,
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`utilities, and other amounts due under the Lease for the month of April or any month thereafter.
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`7.
`
`On or about April 8, 2024, the Landlord served the Tenant with a notice of default and
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`demand for rent (the “Three-Day Notice”). A true and correct copy of the Three-Day Notice is
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`attached hereto as Exhibit “B.”
`
`8.
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`Despite the Three-Day Notice, the Tenant has failed and refused to: (a) pay the rent
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`and other amounts due under the Lease for the month of April or any month thereafter; or (b)
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`otherwise deliver the Property within the required time.
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`9.
`
`Pursuant to the terms of the Lease and Chapter 83, Florida Statutes, the Landlord is
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`entitled to the removal of the Tenants from the Property.
`
`10.
`
`The Landlord hasretained the law firm of Rogers Towers, P.A. to representit in this
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`action andis obligated to pay their attorneys’ fees and costs incurred in this matter. Landlord seeks
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`attorneys’ fees and costs against the Tenant pursuantto the Lease and Florida Statute §83.48.
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`WHEREFORE, the Plaintiff/Landlord, OAKS AT RED BAY, LLC d/b/a Red Bay
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`Apartments, demands entry ofjudgmentin its favor and against the Tenant, JAMANA LATERICA
`
`SMITH,for the possession of the Leased Premises, together with an award of attorneys’ fees, costs,
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`and such otherrelief as the Court deemsjust and proper.
`
`

`

`ROGERS TOWERS,P.A.
`
`By: _/s/ Matthew Tonuzi
`Matthew Tonuzi, Esquire
`Florida Bar No.: 77654
`Kenneth N. Meyer, Esquire
`Florida Bar No.: 1040345
`1301 Riverplace Boulevard, Suite 1500
`Jacksonville, Florida 32207
`Telephone: 904.346.5768
`Facsimile: 904.396.0663
`Primary and Secondary Email Addresses:
`mtonuzi@rtlaw.com
`kmeyer@rtlaw.com
`hyongue@rtlaw.com
`alee@rtlaw.com
`
`ATTORNEYS FOR PLAINTIFF
`
`

`

`EXHIBIT “A”
`Lease Agreement
`
`

`

`
`
`APARTMENTLEASE CONTRACT
`
`NATIONAL APARTMENTASSOCIATION
`WeLead the Way Home
`
`
`Date of Lease Contract:
`July 14, 2023
`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 on the _14th day
`Lease Contract):
`of
`July
`2023
`and endsat 11:59 p.m.
`JjjJamana laterica smith
`the 30th day of
`June
`2024
`
`This Lease Contract will automatically renew month-to-month
`
`unless either party gives atleast__30_days' written notice of
`
`termination or intent to move-out as required by this paragraph
`
`and paragraph 47 (Move-OutNotice). If the numberof daysisn't
`
`filled in, at least 30 days' notice is required.In the eventyoufailto
`
`provide us with the required numberof days' written notice of
`
`terminationandintentto vacate coinciding with thelease expiration
`
`date, as required by this paragraph and paragraph 47 (Move-Out
`
`Notice), you acknowledgeand agreethat you shall be liable to us
`
`for liquidated damagesin the sum of $__1099.00_(equal to
`one month's rent) if we give you the advanced written notice
`
`and us, the owner: Oaks at Red Bay LLC
`requiredbyFla. Stat. § 83.575(2). This liquidated damages amount
`
`is exclusive to insufficient notice under this paragraph and
`
`paragraph 47 (Move-OutNotice), and does notlimit collection rights
`
`with regard to other amountspotentially owedtous.If the lease
`
`term is not a month-to-month tenancy, we mustnotify you with
`(nameof apartment community ortitle holder). You've agreed to
`written notice no later than__30__days before the end of the
`
`lease term if the lease will not be renewed.
`rent Apartment No.
`1123
`at _7528
`
`Arlington Expy 1123
`Month-to-Month Tenancies: In the event this Lease Contract
`
`
`renews on a month-to-monthbasis, you must pay the amountof
`Jacksonville
`(street address) in
`rent we chargeat the time the month-to-month tenancy commences
`(zip code) (the "dwelling unit" or
`32211
`(city), Florida,
`pursuantto this paragraph and paragraph15 (Rent Increases and
`the "premises") for use as a private residenceonly. The terms "you"
`Lease Contract Changes), inclusive of any applicable month-to-month
`and "your"referto all residents listed above. The terms "we,""
`fees and/or premiums. We may changeyour rentat any time
`and "our" refer to the ownerlisted above (or any of owner's
`thereafter during a month-to-monthtenancybygiving 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 managersconstitutesnotice to or from us.If anyone
`notice requirementssetforth in the lease and remainliable to pay
`else has guaranteed performanceofthis Lease Contract, a separate
`all other applicable charges due underthe lease during your month-
`Lease Contract Guarantyfor each guarantoris attached.
`to-monthtenancyunlessspecifically changedin writing. All sums
`due underthis paragraphshall be additional rent. We may require
`The L) Owneror&Managerofthese apartments is Saar
`Management
`you to sign an addendum written for month-to-month tenants.
`
`Either party may terminate a month-to-monthtenancybygiving
`
`the other party written notice no later than 30 days'prior to the
`
`whose address is800 Corporate Drive, Suite 210
`end of the monthly rental period.If you fail to provideusat least
`
`Fort Lauderdale FL 33334
`30 days’ written notice to terminate a month-to-month tenancy
`. Such person or companyis authorizedto receive
`prior to the end of the monthlyrentalperiod, you shall beliable to
`notices and demandsin the landlord's behalf.
`us for an additional 1 month'srent.
`
`
`
`A lease termination notice mustbe givenin writing. Notice to the
`landlord must be delivered to the managementoffice at the
`apartment community or any other address designated by
`
`managementasfollows: 7528 Arlington Express
`
`Way, Leasing Office, Jacksonville, FL
`
`32211
`
`Except as otherwiserequired by applicable law, any notice required
`by this Leaseorlaw shall be in writing and shall be deemed to be
`delivered to youif: (a) delivered personally;(b) sent electronically
`via email to any email address onfile with us as provided by you;
`(c) posted to the door of 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 notsigning the Lease Contract):
`
`
`
`
`
`
`
`
`
`
`
`
`
`No oneelse may occupythe apartment. Personsnotlisted above
`mustnotstay in the apartmentfor more than
`7
`days
`without ourprior written consent.If the previous spaceisn'tfilled
`in, two days per monthis the limit.
`
`4. SECURITY DEPOSIT. Unless modified by addenda,thetotal security
`deposit at the time of execution of this Lease Contractforall
`
`residents in the apartmentis$__1099.00
`due onor before
`the date this Lease Contractis signed.
`Any security deposit or advancerentyou paidis being held in one
`of the following three waysas indicated below [Landlord check one
`option]:
`1. Inaseparate NON-INTERESTbearing accountfor yourbenefit
`in the following bank: Bank of America
`
`whose address isCoral Springs, FL
`
`
`
`;OR
`
`(2. Ina separate INTERESTbearing accountfor your benefit in
`the following bank: N/A
`
`whoseaddress is N/A
`
`
`If an interest bearing account, you will be entitled to receive and
`collect interest in an amountofat least 75 percentof the annualized
`averageinterest rate payable on such accountorinterestat the rate
`of 5 percent peryear, simple interest, whicheverthe landlord elects.
`Q 3. Inacommingledaccountat the following bank N/A
`whoseaddress is N/A
`
`
`providedthat the landlord posts a surety bond with the
`countyorstate, as required by law, and paysyouinterest on
`yoursecurity deposit or advancerentat the rate of 5 percent
`per yearsimpleinterest.
`
`Page 1 of 10
`
`© 2023, National ApartmentAssociation,Inc.- 7/2023, Florida
`lv] Blue MooneSignature Services DocumentID: 385669470
`
`

`

`Initials ofResident. Resident acknowledges
`ds
`receiving a copyofF.S. 83.49(2)(d) which providesas follows:
`YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
`LANDLORDMAY TRANSFER ADVANCERENTSTO THE LANDLORD'S
`ACCOUNTAS THEY ARE DUE AND WITHOUTNOTICE. WHEN YOU
`MOVEOUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
`SO THAT THE LANDLORDCAN SEND YOU NOTICES REGARDING
`YOUR DEPOSIT. THE LANDLORD MUSTMAIL YOU NOTICE, WITHIN
`30 DAYS AFTER YOU MOVEOUT, OF THE LANDLORD'S INTENT TO
`IMPOSEA 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 MUSTMAIL YOU
`THE REMAINING DEPOSIT,IF ANY.
`IF THE LANDLORDFAILS TO TIMELY MAIL YOU NOTICE, THE
`LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATERFILE
`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 ATTEMPTTO INFORMALLY RESOLVEANY DISPUTE
`BEFOREFILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
`FAVOR A JUDGMENTIS RENDERED WILL BE AWARDED COSTS
`AND ATTORNEYFEES PAYABLE BY THE LOSING PARTY.
`THIS DISCLOSUREIS BASIC. PLEASE REFERTO PARTII OF CHAPTER
`83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS
`AND OBLIGATIONS.
`
`costs of late payments and damagesin such instancesaredifficult
`to determine. Wealso both agreethat the amountoflate rent and
`animalviolation fees charged are reasonable estimates of the
`administrative expenses, costs, and damages we would incurin
`such instances.
`
`All ofthe foregoing chargeswill be consideredto be additionalrent.
`
`
`
`. UTILITIES. We'll pay for the following items,if checked:
`water
`U) gas
`LJ electricity () master antenna.
`wastewater
`[X)trash
`()cable TV
`QO other N/A
`You'll payfor all otherutilities, related deposits, and any charges,
`fees, or services on suchutilities. You mustnot allowutilities to be
`disconnected— including disconnectionfor not paying yourbills—
`until the lease term or renewalperiod ends. Cable channels that
`are provided may be changedduringthelease term if the change
`applies to all residents. Utilities may be used only for normal
`household purposesand mustnotbe wasted.If yourelectricityis
`ever interrupted, you mustuse only battery-operatedlighting.If
`anyutilities are submetered for the apartment,or prorated by an
`allocation formula, we will attach an addendum tothis Lease
`Contract in compliance with state agencyrulesor city ordinance.
`Residentshall not heat the apartmentusing gas-operated stoves
`or ovens which wereintendedforuse in cooking.
`Wherelawful,all utilities, charges and fees of any kind underthis
`lease shall be considered additionalrent, andif partial payments
`are acceptedby the Landlord,theywill be allocatedfirst to non-rent
`chargesandto rentlast. Failure to maintain utilities as required
`herein is a material violation of the Lease and mayresult in
`termination of tenancy, eviction and/or any other remedies under
`the Lease andFlorida law.
`
`1
`apartmentkey(s),
`. KEYS. You will be provided___1___
`mailboxkey(s),
`FOB(s), and/or
`other access
`device(s) for accessto the building and amenitiesat no additional
`cost at move-in. If the key, FOB, or other access deviceis lost or
`becomes damaged duringyour tenancyoris not returned oris
`returned damaged when you moveout, you will be responsible for
`the costs for the replacement and/orrepair of the same.
`
`. RENT AND CHARGES. Unless modified by addenda, you will pay
`$1099.00 per monthfor rent, payable in advance and without
`demand:
`
`at the on-site manager's office, or
`at our online paymentsite, or
`
`at WIPS
`
`
`
`
`
`
`. INSURANCE. Wedo not maintain insuranceto cover your personal
`propertyor personalinjury. We are not responsible to anyresident,
`guest, or occupant for damageorloss of personal property or
`personalinjury from (includingbutnot limited to) fire, smoke,rain,
`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, weurgeall 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 propertydueto flooding. A flood insurance resource which
`maybeavailable includes the National Flood Insurance Program
`managedby the Federal Emergency ManagementAgency (FEMA).
`Prorated rent of $__638.13_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
`for losses to your personal propertyorinjuries dueto theft,fire,
`water damage,pipeleaks andthelike. Ifno box is checked,renter's
`insuranceis not required.
`required to purchasepersonal
`Additionally, you are [check one]
`liability insurance () not required to purchasepersonalliability
`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 breach of this Lease Contract and
`mayresult in the termination of tenancy andeviction and/or any
`other remediesas providedbythis Lease Contractor state law.
`
`Otherwise, you mustpay yourrentonor beforethe 1st day of each
`month(duedate) with no graceperiod. Cash is unacceptable without
`our prior written permission. You mustnot withholdor offset rent
`unless authorized by statute. We may, at our option, require at any
`time that you pay all rent and other sums in cash,certified or
`cashier's check, moneyorder, 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. Rentis not considered accepted,
`if the payment/ACHis rejected, doesnotclear, or is stopped for any
`. LOCKS AND LATCHES.Keyedlock(s) will be rekeyed after the
`reason. We may, butare not requiredto, accept rent throughdirect
`prior resident movesout. The rekeying will be done before you
`debit, ACH orother electronic means established and approved by
`moveinto your apartment.
`us. If you don't pay all rent on or beforethe___5th__day of the
`month,you'll pay a late charge. Your late chargewill be (check one)
`You mayat any timeask usto changeor rekeylocksor latches
`Xa flat rate of $__
`75.00
`orQ)
`% of your total
`during the Lease Term. We must comply with thoserequests, but
`monthlyrent payment.You'll also pay a charge of $
`50.00
`you mustpayfor them,unless otherwise providedbylaw.
`for each returnedcheckor rejected electronic payment,plusalate
`Paymentfor Rekeying, Repairs, Etc. You mustpayfor all repairs
`charge. If you don't pay renton time,orfail to pay anyrent,utilities
`or replacementsarising from misuse or damageto devicesby you
`or contractualfees due undera priorleaseif this is a renewallease,
`or your family, occupants, or guests during your occupancy. You
`you'll be delinquentandall remedies underthis Lease Contractwill
`be authorized. We'll also haveall other remediesfor suchviolation.
`maybe required to pay in advanceif we notify you within a
`reasonable timeafter your requestthat you are more than 30 days
`All paymentobligations underthis Lease Contract shall constitute
`rent underthis Lease Contract.
`delinquent in reimbursing us for repairing or replacing a device
`whichwasmisusedor damagedbyyou,yourguestor an occupant;
`or if you have requestedthat werepairor changeor rekey the same
`device during the 30 days preceding your request and we have
`complied with yourrequest. Otherwise, you must pay immediately
`after the workis completed.
`
`We and you agree thatthe failureto pay rent timely or the violation
`of the animalrestrictionsresults in added administrative expenses
`and addedcoststo us, the sameasif we had to borrow moneyto
`pay the operating costs of the property necessary to cover such
`addedcosts. We both agreethatthelate fee and animalviolations
`provisionsare intendedto be liquidated damagessince the added
`
`© 2023, National ApartmentAssociation,Inc.- 7/2023, Florida
`lv] Blue MooneSignature Services DocumentID: 385669470
`
`Page 2 of 10
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`

`

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`
`
`Special Provisions and "WhatIf" Clauses
`RENT INCREASES AND LEASE CONTRACT CHANGES.
`10.
`SPECIAL PROVISIONS. Thefollowingspecial provisions and any
`addendaor written rules furnishedto you ator beforesigning will
`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 provisions of this printed Lease Contract form.
`by any specialprovisions in paragraph10 (Special Provisions), by
`
`a written addendum or amendmentsigned by you andus, or by
`See Additional Special Provisions
`
`reasonable changesof apartmentrules allowed underparagraph
`
`19 (Community Policies or Rules). If, at least 5 days before the
`
`advance notice deadline referred to in paragraph 3 (Lease Term
`
`and Termination Notice Requirements), wegive you written notice
`of rent increasesor lease changeseffective whenthelease term or
`renewalperiod ends, this Lease Contract will automatically continue
`month-to-monthwiththe increased rentor lease changes. The new
`modified Lease Contractwill begin on the date statedin the notice
`(withoutnecessity of your signature) unless you give us written
`move-outnotice under paragraph 47 (Move-Out Notice).
`
`DELAY OF OCCUPANCY.If occupancyis or will be delayed for
`construction, repairs, cleaning, or a previous resident's holding
`over, we're not responsible for the delay. The Lease Contractwill
`remain in force subject to: (1) abatementof rent on a daily basis
`during delay; and (2) yourright to terminateas set forth below.
`REIMBURSEMENT. You must promptly reimburseusforloss,
`Termination notice must bein writing. After termination, you are
`damage, governmentfines, or cost of repairs or service in the
`entitled only to refund of deposit(s) and any rent paid. Rent
`apartmentor apartment communitydueto a violation of the Lease
`abatementor Lease Contract termination doesnot applyif delay is
`Contract or rules, improperuse,or negligence by you or yourguests
`for cleaning or repairs that don't prevent you from occupying the
`or occupantsor any othercausenotdueto ournegligenceor fault
`apartment.
`as allowedbylaw,except for damagesbyacts of Godto the extent
`they couldn't be mitigated by youractionorinaction. You'll defend,
`If there is a delay and we haven't givennoticeofdelay as set forth
`indemnify and hold us harmlessfromallliability arising from your
`immediately below, you may terminate up to the date when the
`conductor that of your invitees, your occupants, yourguests, or
`apartmentis ready for occupancy, butnotlater.
`our representatives who at your request perform services not
`(1) If we give written notice to any of you whenorafter theinitial
`contemplated in this Lease. Unless the damage or wastewater
`term asset forth in Paragraph 3 (Lease Term and Termination
`stoppage is due to our negligence, we're not liable for—and
`Notice Requirements)—andthe notice states that occupancy
`you mustpay for—repairs, replacement costs, and damage to
`has been delayed because of construction or a previous
`the following that result from youror yourinvitees,guests, or
`resident's holding over, and that the apartmentwill be ready
`occupants’ negligenceor intentionalacts: (1) damageto doors,
`on a specific date—you may terminate the Lease Contract
`windows,or screens;(2) damage from windowsor doorsleft
`within 3 daysof yourreceiving the notice, butnotlater.
`open;and (3) damage from wastewater stoppages caused by
`(2) If we give written notice to any of you beforetheinitial term
`improperobjectsin lines exclusively servingyour apartment.
`as set forth in Paragraph 3 (Lease Term and Termination
`We may require paymentat any time, including advance payment
`Notice Requirements) and the notice states that construction
`of repairs for which you'reliable. Delay in demanding sums you
`delay is expected and that the apartmentwill be ready for
`oweis not a waiver.
`you to occupy onaspecific date, you may terminate the Lease
`13.
`CONTRACTUAL LIEN AND PROPERTY LEFT IN APARTMENT.
`Contract within 7 daysafter any of you receives written notice,
`but notlater. The readiness date is considered the newinitial
`All property in the apartment or commonareasassociated
`term asset forth in Paragraph 3 (Lease Term and Termination
`with the apartmentis (unless exempt understate statute)
`Notice Requirements)for all purposes. This new date may not
`subject to a contractual lien to secure paymentof delinquent
`be movedto an earlier date unless we and youagree.
`rent. The lien will attach to your property or your property
`will be subject to the lien at the time you surrenderpossession
`or abandonthepremises.Forthis purpose, "apartment" includes
`commonareasassociated with the apartmentandinterior living
`areas and exterior patios, balconies, attached garages, and
`storeroomsfor yourexclusive use.
`RemovalAfter Surrender or Abandonment. Weorlaw officers
`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 abandonthe apartment(see definitions
`in paragraph 52 (Surrender and Abandonment)).
`THE LANDLORDIS NOT REQUIRED TO COMPLY WITH s.715.104.
`BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES
`THAT UPON SURRENDER, ABANDONMENT, OR RECOVERYOF
`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.
`
`16.
`
`17.
`
`18.
`
`AD VALOREM TAXES/FEES AND CHARGES- ADDITIONALRENT.
`Unless otherwise prohibited bylaw,if, during the term ofthis Lease,
`anylocality, city, state, or Federal Government imposesupon Us,
`anyfee, charge, or tax, whichis related to or charged by the number
`of occupants, or by the dwelling unititself, such that we are charged
`a fee, charge, or tax, based upon your use or occupancyof the
`dwelling unit, we may add this charge as Additional Rent, during
`the term ofthe Lease Contract, with thirty (30) days advance written
`notice to you. After this written notice (the amountor approximate
`amountof the charge, will be included), you agreeto 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, butarenotlimited to: any chargeswereceive for any zoning
`violation, sound,noise orlitter charge; any charge under any
`nuisanceor chronic nuisance typestatute, 911 or otherlife safety,
`per person,orperunit chargeor tax andanyutility bill unpaid by
`you, whichis thenassessedto us for payment.
`
`DISCLOSURERIGHTS. If someonerequests information on you
`or your rental history for law-enforcement, governmental, or
`business purposes, we mayprovideit. At our request, any utility
`provider may give us information about pendingor actual
`connectionsor disconnectionsofutility service to your apartment.
`
` 15.
`
`See any additionalspecial provisions.
`
`11.
`
`EARLY MOVE-OUT. Unless modified by an addendum,if you:
`(1) move out without paying rent in full for the entire Lease
`Contract term or renewalperiod; or
`(2) moveout at our demandbecauseof your default; or
`(3) are judicially evicted.
`You will be liable for all rent owed at the time and as it becomes
`due underthe termsof your lease agreementuntil the apartment
`is re-rented.
`
`12.
`
`Storage. We maystore,but have no dutyto store, property removed
`after surrender,eviction, or abandonmentof the apartment. We're
`notliable for casualty loss, damage, or theft except for property
`removedundera contractuallien. You must pay reasonable charges
`for our packing, removing,storing, andselling any property.
`
`14.
`
`FAILING TO PAY RENT.Ifyou don't paythe first month's rent when
`or before the Lease Contractbegins, or any other rent due under
`this lease we mayendyourright of occupancy and recover damages,
`attorney's fees, court costs, and other lawful charges.
`
`© 2023, National ApartmentAssociation,Inc.- 7/2023, Florida
`lv] Blue MooneSignature Services DocumentID: 385669470
`
`Page 3 of 10
`
`

`

`19.
`
`COMMUNITYPOLICIES OR RULES. You andall guests and
`occupants must comply with any written apartmentrules and
`communitypolicies, including instructionsfor care of our property.
`Ourrules are consideredpartof this Lease Contract. We may make
`reasonable changesto writtenrules, effective immediately,if they
`are distributed and applicable to all units in the apartment
`community and do not change dollar amounts on page1 ofthis
`Lease Contract.
`
`20.
`
`23.
`
`24,
`
`LIMITATIONS ON CONDUCT.The apartmentandother areas
`PARKING. Wemayregulate the time, manner,andplace of parking
`reservedfor yourprivate use mustbe keptclean andfreeof trash,
`cars, trucks, motorcycles, bicycles, boats, trailers, recreational
`garbage, and otherdebris. Trash mustbe disposedof at least weekly
`vehicles, and storage devices by anyone. We may have unauthorized
`in appropriate receptacles in accordance with local ordinances.
`orillegally parked vehicles towed underan appropriatestatute. A
`Passageways maybe usedonlyfor entryor exit. You agree to keep
`vehicle is unauthorized or illegally parked in the apartment
`all passageways and commonareasfree of obstructions such as
`communityifit:
`trash, storage items, andall formsof personal property. No person
`(1) has a flat tire or other condition renderingit inoperable; or
`shall ride or allow bikes, skateboards,or other similar objects in
`(2) is on jacks, blocks or has wheel(s) missing; or
`the passageways. Any swimmingpools, saunas, spas, tanning beds,
`(3) has no currentlicense plate or no current registration and/or
`exercise rooms, storerooms, laundry rooms, and similar areas must
`inspectionsticker; or
`be used with care in accordance with apartmentrules and posted
`(4) takes up morethan oneparking space; or
`signs. Glass containersare prohibited in all commonareas. You,
`(5) belongs to a resident or occupant who has surrendered or
`your occupants, or guests may not anywherein the apartment
`abandoned the apartment; or
`community: use candlesor use kerosene lampsor kerosene heaters
`(6) is parked in a marked handicap space without the legally
`withoutour prior written approval; cook on balconiesor outside;
`required handicapinsignia; or
`or solicit businessor contributions. Conducting anykind of business
`(7) is parked in space marked for manager,staff, or guest at the
`(including child care services) in your apartmentor in the apartment
`office; or
`communityis prohibited—exceptthat any lawful business conducted
`(8) blocks anothervehicle from exiting; or
`"at home" by computer, mail, or telephoneis permissible if customers,
`
`clients, patients, or other business associates do not cometo your (9) is parkedinafire lane or designated "no parking"area; or
`apartmentfor business purposes. We mayregulate:(1) the use of
`(10) is parked in a space markedfor otherresident(s) or unit(s); or
`patios, balconies, and porches;(2) the conductof furniture movers
`(11) is parked onthegrass, sidewalk, or patio; or
`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 causedbyyouor any guests
`(13) belongsto a residentandis parkedin a visitororretail 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 anyoutside area or
`commonareaa person whorefusesto show photoidentification
`or refusesto identify himself or herself as a resident, occupant, or
`guest of a specific resident in the community. Tenant agrees that
`landlord reserves the right to trespass any non-tenant from the
`leased premises and commonareas.
`You agreeto notify us if you 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. Informingusof criminal convictionsorsex offenderregistry
`does not waiveourright to evict you.
`
` 22.
`
`
`
`
`
`While You're Living in the Apartment
`
`sexually explicit, or is inappropriate with respectto race, gender,
`sexuality, ethnicity, or otherintrinsic characteristic; or is unrelated
`to the goodsorservices offered by or available at this Apartment
`Community;oris clearly false or misleading. You agree not to use
`our corporate names,slogans, images, photos,logos, internet domain
`names, trademarks, copyrights or trade names. Anyviolation of
`this paragraphshall be a material breach of this Lease and will
`entitle us to exerciseall rights and remedies under the lease and
`law.
`
`RELEASEOF RESIDENT. Unless you're entitled to terminate your
`tenancy under paragraphs10 (Special Provisions), 16 (Delay of
`Occupancy), 24 (Military Personnel Clause), 32 (Responsibilities
`of Owner), 47 (Move-Out Notice), or by separate addendum, you
`won't be released from this Lease Contract for any reason—including
`but not limited to voluntary or involuntary school withdrawalor
`transfer, voluntaryor involuntaryjob transfer, marriage, separation,
`divorce, reconciliation, loss of co-residents, loss of employment,
`bad health,or death.
`
`MILITARY PERSONNEL CLAUSE. All parties to this Lease Contract
`agree to comply with anyfederallaw,including, but not limited to
`the Service Member'sCivil ReliefAct, or any applicable state law(s),
`ifyou are 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 mustexercise due care for your ownandothers' safety
`andsecurity, especially in the use of smoke detectors and carbon
`monoxidedetectors, keyed deadbolt locks, keyless bolting devices,
`windowlatches, andotheraccess control devices.
`SmokeDetectors and Carbon Monoxide Detectors.
`We'll furnish smokedetectors and carbon monoxidedetectors only
`if required by statute and we'll test them andprovide working
`batteries whenyoufirst take possession. After that, you musttest
`the smoke detectors and the carbon monoxide detectors ona regular
`basis, you mustpayfor andreplacebatteries as needed, unless the
`law provides otherwise. We mayreplace dead or missing batteries
`at your expense,withoutprior notice to you. You must immediately
`report smoke detector and carbon monoxidedetector malfunctions
`to us. Neither you nor others maydisable neither the smoke
`detectors nor the carbon monoxidedetectors. If you disable or
`damage the smokedetectors or the carbon monoxidedetectors,
`or fail to replace a dead batteryorfail to report malfunctions to
`us, youwill beliable to us and othersfor anyloss, actual damages,
`fines imposed byanystate or local agencies or municipalities,
`attorney fees andcosts.
`Casualty L