Filing # 197269303 E-Filed 04/30/2024 10:19:23 AM
`
`16-2024-CC-007189-AXXX-MA Div: CC-L
`
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 05/01/2024 11:55:05 AM
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`

`

`7.
`
`Pursuant to the Lease and Florida Statutes, §83.48, Plaintiff is entitled to the recovery of
`
`reasonable attorneys’ fees and costs incurredin this matter.
`
`8.
`
`Plaintiff has retained the undersigned attorneys and has agreed to pay a reasonable fee for
`
`their services.
`
`9.
`
`Asofthis date, Defendant owesPlaintiff $2,350.00 in unpaid rent, which continues to accrue
`
`in the amount of $1,495.00 on the first of each subsequent month, plus late fees, attorneys’ fees and court
`
`costs.
`
`WHEREFORE,Plaintiff, MONTEREY CONDO, LLC,respectfully requests this Honorable Court
`
`enter a judgment against Defendant, DIARA BOGINS,for possession of the Leased Premises, reasonable
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`court costs and attorneys’ fees, and any such furtherrelief as this Court deemsjust and proper.
`
`Respectfully Submitted,
`
`LAW OFFICES OF CARY P. SABOL
`Attomeysfor Plaintiff
`P.O. Box 15981 | West Palm Beach| Florida | 33416
`Phone: (561) 281-2744
`Fax:
`(888) 316-2881
`Email: CSabol@Sabollaw.com
`
`By:___A/ Cary P. Sabol, Esq.
`Cary P. Sabol, Esq.
`Florida Bar No.: 505854
`
`Page 2 of 2
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`

`

`FLORA
`APARTMENT
`ASEOCIATION
`
`F
`
`APARTMENT LEASE CONTRACT
`
`NAAWATSHIBE
`
`
`APARTMEMTASSOCAISOR
`eSa)
`
`Date of Lease Contract:
`
`and us, the owner: Monterey at Beach Boulevard
`
`(nameof apartment community or title holder). You've agreed to
`rent Apartment No.
`1636
`at 12171
`Beach Boulevard
`
`Jacksonville
`(street address} in
`(zip code) (the “dwelling unit” or
`32246
`(city), Florida,
`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 ownerlisted 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 guarantoris attached.
`The CL Owneror GJ Managerof these apartments is Monterey
`at Beach Blvd
`
`January 24, 2024
`This is a binding document. Read carefully before signing.
`(when the Lease Contractis filled out)
`
`wing
`L
`3.
`LEASE TERM AND TERMINATION NOTICE REQUIREMENTS.
`PARTIES. This Lease Contract (sometimes referred to as the
`“Jease") is between you, the resident(s} (list all people signing the
`Theinitial term of the Lease Contract begins onthe 24th day
`Lease Contract):
`of
`January
`2024
`and ends at 11:59 p.m.
`Diara Bogins
`the 23rd day of
`January
`2025
`This Lease Contract wili automatically renew month-to-month
`unless either party gives atleast__60
`days’ written notice of
`termination or intent to mave-out as required by this paragraph
`and paragraph 47 (Move-Out Notice). If the numberof days isn't
`filled in,at least 30 days’ notice is required. in the event youfail to
`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 §__1495
`(equa! to
`one month's rent) if we give you the advanced written notice
`required by Fla. Stat. § 83.575(2). This liquidated damages amount
`is exclusive to insufficient notice under this paragraph and
`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
`__60__
`days before the end of the
`lease term ifthe 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 chargeat the time the month-to-month tenancy commences
`pursuantto 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
`than 30 days’ written notice. You will be required te abide by all
`notice requirements set forth in the lease and remainliable to pay
`alt other applicabie charges due underthe lease during your month-
`to-month tenancy unless specifically changed in writing, Allsums
`due under this paragraphshall be additional rent. We may require
`you ta sign an addendumwritten fer month-to-month tenants.
`Either party may terminate a month-to-month tenancy by giving
`the other party written notice no later than 30 days' prior to the
`end of the monthly rental period. 1f you fail to provide us at least
`
`whose addressis12171BeachBlvdJacksonville,_FL 32246
`30 days' written notice to terminate a month-to-month tenancy
`prior to the end of the monthly rental period, you shall be liable to
`. Such person or company is authorized to receive
`us for an additional 1 month's rent.
`notices ang demandsin the landlord's behalf.
`
`
`
`
`
`SECURITY DEPOSIT. Unless modified by addenda, the total security
`deposit at the time of execution of this Lease Contract forall
`residents inthe apartmentis$__
`500.00
`due on or before
`the date this Lease Contractis signed.
`Any security deposit or advance rent you paid is being held in one
`ofthe following three waysas indicated below [Landlord check one
`Except as otherwise required by applicable law, any notice required
`option]:
`by this Lease or law shall be in writing and shall be deemed to be
`@ 1.
`inaseparate NON-INTERESTbearing accountfor your benefit
`delivered to you if (a) delivered personally; (bj sent electronically
`in the following bank: KeyBank WA.
`via email to any email address on file with us as provided by you:
`(c} posted to the deor of your address shown above; or (d) mailed
`
`whose address is3777TamiamiTrNSte100,_
`by U.S. First Class Mail to your address shown above.
`Naples, FL 34103
`FOR
`
`>
`
`A lease termination notice must be given in writing. Notice to the
`landlord must be delivered to the managementoffice at the
`apartment community or any other address designated by
`Managementas follows: 8ame_as_ above
`
`x
`
`OCCUPANTS. The apartmentwill be occupied only by you and [list
`ail other occupants not signing the Lease Contract}:
`
`(42. Inaseparate INTEREST bearing account for your benefit in
`the following bank:
`whose address is
`
`[Ean interest bearing account, you will be entitled to receive and
`collect interest in. an amountofat least 75 percent ofthe annualized
`average interest rate payable on such account or interest at the rate
`of5 percent peryear, simple interest, whichever the landlord elects.
`LJ 3. Ina commingled account ai the following bank
`————SSSSSSSSSSSSSSSSSSSSssSs
`whose addressIs
`
`
`
`No one else may occupy the apartment. Persons notlisted above
`
`must not stay in the apartment for morethan____24__days
`without our prior written consent. Ifthe previous space isn'tfiled
`provided that the landlord pasts a surety bond with the
`in, twe days per month is the dnt.
`countyor state, as required by law, and pays you interest on
`your security deposit or advance rentat the rate of § percent
`per year simple interest.
`
`© 20623, National Apartment Association,Inc. - 7/2023, Florida
`lv] Blue Moon eSignature Services Document1D: 417818905
`
`Page 1 of 10
`
`EXHIBIT "A"
`EXHIBIT "A"
`
`

`

`Initials ofResident. Resident acknowledges
`DB
`receiving a copy of F.S. 83.49(2){d) which provides as follows:
`YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
`LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD'S
`ACCOUNT AS THEY ARE DUE AND WITHGQUT NOTICE. WHEN YOU
`MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
`$0 THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING
`YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN
`30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TQ
`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, [F ANY,
`IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
`LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE
`ALAWSUIT 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 JUDGMENTIS RENDERED WILL BE AWARDED COSTS
`AND ATTORNEYFEES PAYABLE BY THE LOSING PARTY.
`THIS DISCLOSURE [S BASIC. PLEASE REFER TO PARTII OF CHAPTER
`83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS
`AND OBLIGATIONS.
`
`n
`
`costs oflate payments and damagesin such instances are difficult
`to determine. We also both agree that the amountoflate rent and
`animalviolation fees charged are reasonable estimates of the
`administrative expenses, costs, and damages we would incur in
`such instances.
`
`All ofthe foregoing charges will be considered to be additional rent.
`
`UTILITIES. We'll pay for the following items, if checked:
`LJelectricity (J) master antenna,
`J water
`Cigas
`
`Dlwastewater (trash (cable TV
`(other
`You'll pay forall other utilities, related deposits, and any charges,
`lees, or services on such utilities. You must not allow utilities to be
`disconnected— including disconnection for not paying your biils—
`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
`anyutilities are submetered for the apartment, or prorated by an
`allocation formula, we will attach an addendum te this Lease
`Contract tn 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
`are accepted by the Landlord, they will be allocated first te non-rent
`charges and to rent last. Failure ta maintainutilities 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.
`
`
`apartment key(s),__2 |
`KEYS, You willbe provided__2
`mailbox key(s),____ FOE(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 oris
`returned damaged when you move out, you will be responsible for
`the costs for the replacement and/or repair of the same.
`
`RENT AND CHARGES. Unless madified by addenda, you will pay
`$_1495.00 __permonth for rent, payable in advance and without
`demand:
`
`LJat the on-site manager's office, or
`at our online paymentsite, or
`Wat Www.montereyjville.com
`
`INSURANCE. We do not maintain insuranceto cover your personal
`propertyor personal injury. We are not responsible ta any resident,
`guest, or occupant for damage or loss of personal property or
`personalinjury from (including but notlimitedto) fire, smoke, rain,
`flood, water and pipe teaks, hail, ice, snow, lightning, wind,
`explosions, earthquake, interruption ofutilities, theft, hurricane,
`negligence of other residents, occupants, or invited/uninvited
`Ruests or vandalism unless otherwise required by law.
`In addition, we urgeall Tenants, and particularly those residing in
`coastal areas, areas nearrivers, and areas prone to flooding, ta
`obtain flood insurance. Renter’s insurance may not cover damage
`to your property due to flooding. A flood insurance resource which
`may be available includes the National Flood Insurance Program
`managed by the Federal Emergency Management Agency (FEMA).
`Prorated rent of §_385.81 is due for the remainderoffeheck
`We 2) require LJ de not require you to get your own insurance
`
`one}:RYtst month or LJ 2nd month, on January 24
`for losses to your personal property or injuries due to theft,fire,
`2024
`water damage, pipe leaks andthelike. [f no box is checked,renter's
`insuranceis not required.
`Additionally, you are [check one] J required to purchase persona}
`liability insurance () not required to purchase personalliability
`insurance.lf no box Js checked, personalliability insurance {s not
`required, [frequired, failure to maintaln personalliability insurance
`throughout your tenancy, including any renewal periods and/or
`lease extensions is an incurable breachof this Lease Contract and
`may result in the termination of tenancy and eviction and/or any
`other remediesas provided by this Lease Contractor state law.
`
`
`
`provisions are intended to be liquidated damages since the added
`
`Otherwise, you must pay your rent on or before the 1st day of each
`month (due date) with no grace period. Cashis 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
`time that you pay all rent and other sumsin cash,certified or|
`cashier's check, money order, or one monthly check rather than |
`multiple checks, At our discretion, we may convert any andall i
`checks via the Automated Clearing House (ACH) system for the
`purposesofcollecting payment. Rent is not considered accepted,
`ifthe payment/ACHis rejected, does not clear, or is stopped for any
`reason, We may, but are not required to, accept rent through direct
`LOCKS AND LATCHES. Keyed tock(s) will be rekeyed after the
`debit, ACH or other electronic means established and approved by
`prior resident moves our. The rekeying will be done before you
`moveinto your apartment.
`us, If you don't payall rent on arbefurethe__3zd__ dayof the
`month, you'll pay a late charge. Your late charge will be (check ane}
`You may at any time ask us to change or rekey locks or latches
`
`Qlaflatrateof$. orf)_9% of your total200.00
`
`during the Lease Term. We must comply with those requests, but
`monthly rent payment. You'll alse pay a charge of$
`50.00
`you must pay for them, unless otherwise provided by law.
`for each returned check or rejected electronic payment, plusa late
`Payment for Rekeying, Repairs, Etc. You must pay forall repairs
`charge. Ifyou don't pay rent on time,orfail to pay anyrent, utilities
`or contractual fees due undera prior lease ifthis is a renewallease,
`or replacements arising from misuse or damage to devices by you
`you'll be delinquent and all remedies under this Lease Contractwill
`or your family, occupants, or guests during your occupancy. You
`be authorized. We'll also haveall other remedies for such violation.
`may be required to pay in advance if we notify you within a
`All payment obligations under this Lease Contract shall constitute
`reasonable time after your request that you are more than 30 days
`rent under this Lease Contract.
`delinquent in reimbursing us for repairing or replacing a device
`which was misused or damagedby you, your guest or an occupant;
`or if you have requested that we repair or change or rekey the same
`device during the 30 days preceding your request and we have
`complied with your request, Otherwise, you must pay immediately
`after the work is completed.
`
`so
`
`We and you agreethatthe failure ta pay rent timely or the violation
`ofthe 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 agreethat thelate fee and animalviolations
`
`© 2023, National Apartment Association,Inc. - 7/2023, Florida
`fy] Blue MooneSignature Services Document ID: 417818905
`
`Page 2 of 10
`
`

`

`
`10.
`is,
`RENT INCREASES AND LEASE CONTRACT CHANGES.
`SPECIAL PROVISIONS. The following special provisions and any
`No rent increases or Lease Contract changes are allowed before
`addenda or written rules furnished to youat or beforesigning will
`become a part of this Lease Contract and will supersede any
`the initial Lease Contract term ends, except for changes allowed
`by any special provisions in paragrapk 10 (Special Provisions), by
`conflicting provisionsof this printed Lease Contract form.
`a written addendum or amendment signed by you and us, or by
`See Additional Special Provisions
`reasonable changes of apartment rules allowed under paragraph
`19 (Community Policies or Rules), [f, at least 5 days before the
`advance notice deadline referred to in paragraph 3 (Lease Term
`and Termination Notice Requirements), we give you written notice
`of rent increases or lease changes effective when the lease term or
`renewal period ends, this Lease Contract will automatically continue
`month-to-month with the increased rent or lease changes. The new
`modified Lease Contract will begin on the date stated in the notice
`(without necessity of your signature] unless you give us written
`move-out notice under paragraph 47 (Move-Out Notice).
`
`See any additional special provisions.
`
`11
`
`EARLY MDVE-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) move out at our demand because of your default; or
`(3) are judicially evicted.
`You will be liable for all rent owed at the time and as it becomes
`due under the termsofyour lease agreement until the apartment
`is re-rented.
`
`16.
`
`DELAY OF OCCUPANCY. If occupancy is or will be delayed for
`construction, repairs, cleaning, or a previous resident's halding
`over, we're not responsible for the delay. Fhe Lease Contract will
`remain in force subject to: (1) abatement of rent ona daily basis
`during delay; and (2) yaur right to terminate as set forth below.
`Termination notice must be in writing. After termination, you are
`entitled only to refund of deposit(s) and any rent paid. Rent
`abatementor Lease Contract termination does not applyif delay is
`for cleaning or repairs that don't prevent you from occupying the
`apartment.
`
`REIMBURSEMENT, You must promptly reimburse us For boss,
`damage, governmentfines, or cost of repairs or service in the
`apartment of apartment cammunity due to a violation ofthe Lease
`Contractor rules, improperuse, or negligence by you or your guests
`or occupants or any other cause not due to our negligence or fault
`as allowed by law, except for damages by acts of God ta the extent
`they couldn't be mitigated by yaur action or inaction. You'll defend,
`[f there is a delay and we haven't given notice of delay as set forth
`indemnify and hold us harmless from all liability arising from your
`immediately below, you may terminate up te the date when the
`conduct or that of your invitees, your occupants, your guests, or
`apartmentis ready for occupancy, but not later.
`our representatives who at your request perform services not
`(1) If we give written notice to any of you whenorafter the initial
`
`contemplated in this Lease.Unlessthedamageorwastewater
`term as set forth in Paragraph 3 (Lease Term and Termination
`stoppage is due to our negligence, we're not liable for—and
`Notice Requirements}]—and the notice states that occupancy
`you must pay for—repairs, replacement costs, and damage to
`has been delayed because of construction or a previous
`resident's holding over, and that the apartment will be ready
`igence or intentional acts:(1)da e ti
`
`on a specific date—-you may terminate the Lease Contract
`windows, or screens;
`joors left
`within 3 days of your receiving the notice, but not later
`ft
`ts
`w
`i
`(2) If we give written notice to any of you before the initial term
`
`
`
`
`
`improperobjectsinlinesservingyourapartment.exclusively
`as set forth in Paragraph 3 (Lease Term and Termination
`We mayrequire paymentat any time, including advance payment
`Notice Requirements) and the notice states that construction
`of repairs for which you're liable, Delay in demanding sums you
`oweIs not a waiver.
`delay is expected and that the apartment will be ready for
`you to Gccupy on a specific date, you may terminate the Lease
`Contract within 7 days after any ofyou receives written notice,
`but not later The readiness date is considered the new initial
`term as set forth in Paragraph 3 (Lease Term and Termination
`Notice Requirements) for all purpeses. This new date may not
`be moved to an earlier date unless we and you agree.
`
`
`
`12.
`
`13
`
`CONTRACTUAL LIEN AND PROPERTY LEFT IN APARTMENT,
`All property in the apartment or common areas associated
`with the apartment is (unless exempt under state statute)
`subject to a contractual lien te secure payment of delinquent
`rent. The lien will attach to your property or your property
`will be subject to the lien at the time you surrender possession
`or abandon the premises.For this purpose, “apartment”includes
`commonareas associated with the apartment and interiorliving
`areas and exterior patios, balconies, attached garages, and
`storeroomsfor your exclusive use.
`’ Removal After Surrender or Abandonment. Weor law officers
`may, at our discretion, remave, dispose and/orstore all property
`remaining in the apartment or in common areas (including any
`vehicles you or any occupantor guest ownsoruses) ifyou surrender,
`are judicially evicted, or abandon the apartment(see definitions
`in paragraph 52 (Surrender and Abandonment)),
`THE LANDLORDIS NOT REQUIRED TO COMPLY WITHs.715.104.
`BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES
`THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF
`POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF
`THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER
`83, FLOREDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE
`OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE
`TENANT'S PERSONAL PROPERTY.
`
`Storage. We may store, buthave ng duty to store, property removed
`after surrender, eviction, or abandonmentof the apartment. We're
`not liable for casualty loss, damage, or theft except for property
`removed under a contractual tien. You must pay reasonable charges
`for our packing, removing, storing, and selling any property.
`
`14,
`
`FAILING TO PAY RENT. Ifyou don’t pay the first month's rent when
`or before the Lease Contract begins, or any other rent due under
`this lease we may end yourright of eccupancy and recover damages,
`attorney's fees, court costs, and other lawful charges.
`
`
`
`17
`
`AD VALOREM TAXES/FEES AND CHARGES ~ ADDITIONAL RENT.
`Unless otherwise prohibited by law,if, during the term ofthis Lease,
`anylocality, city, state, or Federal Government imposes upon Us,
`any fee, charge, or tax, which is related to or charged by the number
`of occupants,or by the dwelling unit itself, such that we are charged
`a fee, charge, or tax, based upon your use or occupancy of the
`dwelling unit, we may add this charge as Additional Rent, during
`the termofthe Lease Contract, with thirty (30) days advance written
`notice to you. After this written notice {the amount or approximate
`amount of the charge, will be included), you agree to pay, as
`Additional Rent, the amountof the charge, tax or fee imposed upon
`us, as a result of your occupancy. As examples, these charges can
`include, but are not limited to: any charges we receivefor any zoning
`violation, sound, noise or litter charge; any charge under any
`nuisance or chronic nuisance type statute, 921 or otherlife safety,
`ner person, or per unit chargeortax and anyutility bill unpaid by
`you, whichis then assessed to us for payment.
`
`18,
`
`DISCLOSURE RIGHTS. If someone requests information an you
`or your rental history for law-enforcement, governmental, or
`business purposes, we may provideit. At our request, any utility
`provider may give us information about pending or actual
`connections or disconnections ofutility service to your apartment.
`
`© 2023, National ApartmentAssociation,Inc. - 7/2023, Florida
`iv] Blue Moon eSignature Services Document 1D: 417818905
`
`Page 3 of 10
`
`

`

`
`
`19.
`COMMUNITY POLICIES OR RULES. You and all guests and |
`sexually explicit, or is inappropriate with respect to race, gender,
`sexuality, ethnicity, or other intrinsic characteristic; or is unrelated
`occupants must comply with any written apartmentrules and|
`community policies, including instructions for care of our property.
`to the goods or services offered by or available at this Apartment
`Our rules are considered part of this Lease Contract. We may make
`Community; or is clearly false or misleading. You agree nat ta use
`reasonable changesto written rules, effective immediately,if they
`our corporate names, slogans, images, photos,logos, internet demain
`names, trademarks, copyrights or trade names. Any violation of
`are distributed and applicable to all units in the apartment|
`community and do nat change dollar amounts on page 1 ofthis
`this paragraph shall be a material breach of this Lease and will
`Lease Contract.
`entitle us to exerciseall rights and remedies underthe lease and
`law.
`
`20.
`
`LIMITATIONS ON CONDUCT. The apartment and other areas
`teserved for your private use must be kept clean and free of trash,
`garbage, and other debris. Trash mustbe disposed ofat least weekly
`in appropriate receptacles in accordance with local ordinances.
`Passageways may be used only for entry or exit, You agree ta keep
`all passageways and caramau areas free of obstructions such as
`trash, storage items, andall forms of personal property. Nopersan
`shall ride or allow bikes, skateboards, or other similar objects in
`the passageways. Any swimming pools, saunas, spas, tanning beds,
`exercise rooms, storerooms, laundry rooms,and similar areas must
`be used with care in accordance with apartment rules and posted
`signs. Glass containers are prohibited in all common areas. You,
`your occupants, or guests may not anywhere in the apartment
`community: use candles or use kerosene lamps or kerosene heaters
`without our prior written approval; cook on balconies ar outside;
`or solicit business or contributions. Conducting any kind ofbusiness
`(including child care services) in your apartmentor in the apartment
`community is prohibited—except that any lawful business conducted |
`“at home" by computer, mail, or telephoneis permissible ifcustomers,
`clients, patients, or other business associates do not come to your
`apartmentfor business purpases. We may regulate: (1) the use of
`patios, balconies, and porches; (2) the conductoffurniture movers |
`and delivery persons; and (3) recreationalactivities in common
`areas, You'll be liabie to us for damage caused by you or any guests
`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 other residents, neighbors, visitors, ar owner
`representatives. We may also exclude from any outside area or
`commonarea a person who refuses to show photo identification
`or refuses to 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 commanareas,
`You agree to notify us if you or any occupants are convicted of any
`felony, or misdemeanor involving a controlied substance,violence
`to another person or destruction of property. You also agree to
`notify us if you or any occupant registers as a sex offender in any
`state. Informing us af criminal convictions or sex offender registry
`does nat waive our right to evict you.
`
`21.
`
`PROHIBITED CONDUCT. You, your occupants or guests, ar the
`guests ofany occupants, may not engage in the following activities:
`behaving in aioud or obnoxious manner; disturbing or threatening
`the rights, comfort, health, safety, or convenience ofothers(including
`our agents and employees) in or near the apartment community;
`disrupting our business operations; manufacturing, delivering,
`possessing with intent to deliver, or otherwise possessing a
`controlled substance or drug paraphernalia; engaging in or
`threatening violence; possessing a weapon prohibited by state law:
`discharging a firearm in the apartment community;displaying or
`possessing a gun, knife, ar other weapon in the common area ina
`way that may alarm others; engaging in criminal activity that
`threatens the health, safety, or right to peaceful enjoymentof others
`in or near the apartment community (regardless of arrest or
`conviction); storing anything in closets having gas appliances;
`tampering withutilities or telecommunications; bringing hazardous
`materials into the apartment community; or injuring our reputation
`by makingbadfaith allegations against us te others. You agree to
`communicate and conduct yourselfatall times in alawful, courteous,
`and reasonable manner when interacting with our employees,
`agents, independent contractars, and vendors; other residents,
`occupants, guests or invitees; or any other person on the premises.
`You agree not to engage in any abusive behavior, either verbal or
`physical, or any form of intimidation or aggression directed at our
`employees, agents, independent contractors, and vendars; other
`residents, occupants, guestsor invitees; or any other person onthe
`premises, If requested by us, you agree to conduct all further
`business with us in writing, You agree not to make,postor publish
`information that contains the personal information or likeness of
`anotherperson,oris libelous, harassing, abusive, obscene,vulgar,
`
`
`
`
`
`22. PARKING, We may regulate the time, manner, and place of parking
`cars, trucks, motorcycies, bicycles, boats, trailers, recreational
`vehicles, and storage devices by anyone, We may have unauthorized
`or illegally parked vehicles towed under an appropriate statute, A
`vehicle is unauthorized or illegally parked in the apartment
`community if it:
`(1) has a flat tire or other condition renderingit inoperable; or
`(2] is on jacks, blocks or has wheel({s) missing: ar
`(3) has no current license plate or no current registration and/or
`inspection sticker; or
`(4) takes up more than one parking space; or
`(5) belongs to a resident or occupant who has surrendered or
`abandoned the apartment; or
`(6) is parked in a marked handicap space without the legally
`required handicap insignia; or
`(7) is parked in space marked for manager,staff, or guest at the
`office; or
`(8) blocks another vehicle from exiting; or
`(9) is parkedin a fire lane or designated “no parking” area; or
`(10) is parked in a space marked for otherresident(s} or unit(s); or
`(11) is parked on the grass, sidewalk, or patio; or
`(12) blocks garbage trucks from access to a dumpster; or
`(13) belongs to a resident and is parked in a visitor or retail parking
`space,
`
`29, RELEASE OF RESIDENT. Unless you're entitled to terminate your
`tenancy under paragraphs 10 (Special Provisions), 16 (Delay of
`Occupancy), 24 (Military Personnel Clause), 32 (Responsibilities
`of Owner), 47 (Move-Out Notice}, or by separate addendum, you
`wan't be released from this Lease Contractfor any reason—including
`but not limited te voluntary or Involuntary school withdrawal or
`transfer, voluntary or involuntary job transfer, marriage, separation,
`divorce, reconciliation, tass of co-residents, loss of employment,
`bad health, or death.
`
`24. MILITARY PERSONNEL CLAUSE. All parties to this Lease Contract
`agree to comply with any federallaw, including, but not limited ta
`the Service Member's Civil ReliefAct, or any applicable state law(s),
`ifyou are seeking to terminate this Lease Contract and/or subsequent
`renewals and/or Lease Contract extensions under therights granted
`by such laws,
`
`RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants
`and guests must exercise due care for your own and others’ safety
`and security, especially in the use of smoke detectors and carbon
`monoxide detectors, keyed deadbolt locks, keyless bolting devices,
`window latches, and other access control devices.
`Smoke Detectors and Carbon Monoxide Detectors.
`We'll furnish smoke detectors and carbon monoxide detectors anly
`if required by statute and we'll test them and provide working
`batteries when you first take possession. After that, you musttest
`the smoke detectors and the carbon monoxide detectors ona regular
`basis, you must pay for and replace batteries as needed, unless the
`law provides otherwise. We may replace dead or missing batteries
`at your expense, withoutprior netice to you, You must immediately
`report smoke detector and carbon monoxide detector malfunctions
`to us. Neither yeu nor others may disable neither the smoke
`detectors nor the carbun monoxide detectors. If you disable or
`damage the smoke detectors or the carbon monoxide detectors,
`or fail to replace a dead battery or fail to report malfunctions to
`us, you will be iiable t