Filing # 197380370 E-Filed 05/01/2024 11:38:16 AM
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`16-2024-CC-007252-AXXX-MA Div: CC-A
`
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 05/02/2024 06:42:18 AM
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`

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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
`
`copy of the Lease is attached hereto as Exhibit "A".
`
`6.
`
`The Tenant failed to pay the Landlord the amount of $3,236.00 for rent, late fees,
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`utilities, and other amounts due underthe Lease for the month of March 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.
`
`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 March 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 has retained the law firm of Rogers Towers, P.A. to represent it in this
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`action and is 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 pursuant to 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
`
`Apartments, demands entry ofjudgment in its favor and against the Tenant, ANDREW HURSTand
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`MEGANJAMES, for the possession of the Leased Premises, together with an award of attorneys’
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`fees, costs, and such otherrelief as the Court deemsjust and proper.
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`

`

`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
`
`ATTORNEYSFOR PLAINTIFF
`
`

`

`EXHIBIT “A”
`Lease Agreement
`
`

`

`
`
`APARTMENTLEASE CONTRACT
`
`
`n Way Horne
`NATIONAL APARTMENT ASSOCIATION
`
`
`Date of Lease Contract:
`October 13, 2023
`This is a binding document. Readcarefully before signing.
`(whentheLease Contractis filled out)
`
`
`Moving In — General Information
`1, PARTIES. This Lease Contract (sometimes referred to as the
`3. LEASE TERM AND TERMINATION NOTICE REQUIREMENTS.
`"lease") is betweenyou, the resident(s)(list all people signing the
`Theinitial term of the Lease Contract begins onthe_1L3th_ day
`Lease Contract):
`of 2023|and ends at 11:59 p.m.October
`
`
`Andrew Hurst, Megan James
`the_12th day of
`October
`2024
`
`This Lease Contract will automatically renew month-to-month
`
`unless either party gives at least__30___
`days' written notice of
`
`termination or intent to move-out as required by this paragraph
`
`and paragraph 47 (Move-Out Notice), If the numberofdaysisn't
`
`filled in, at least 30 days' notice is required.In the eventyoufail to
`
`provide us with the required numberof 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 acknowledgeand agreethat you shall be liable to us
`
`for liquidated damages in the sum of $__
`1495.00
`(equal to
`one month's rent) if we give you the advanced written notice
`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 amounts potentially owedto us.If the lease
`term is not a month-to-month tenancy, we must notify you with
`(nameof apartment community ortitle holder). You've agreed to
`written notice no later than__30__
`days before the end of the
`lease term if the lease will not be renewed.
`rent Apartment No,
`901
`vat 752
`
`Arlington Expy 901
`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 paragraph 15 (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"refer to all residents listed above. The terms "we," "
`fees and/or premiums. We may changeyourrentat any time
`and "our" refer to the owner listed above (or any of owner's
`thereafter during a month-to-month tenancyby giving you noless
`successors’ in interest or assigns). Written or electronic notice to
`than 30 days' written notice. You will be required to abide byall
`or from our managersconstitutesnotice to or from us.If anyone
`notice requirementsset forth 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 Guaranty for each guarantoris attached.
`to-month tenancyunlessspecifically changedin writing. All sums
`due underthis paragraphshall be additional rent. We may require
`The () 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
`end of the monthly rental period.If you fail to provide usat least
`30 days’ written notice to terminate a month-to-month tenancy
`prior to the end of the monthly rental period, you shall beliable to
`us for an additional 1 month'srent.
`
`. SECURITY DEPOSIT. Unless modified by addenda,the total security
`deposit at the time of execution of this Lease Contractforall
`residents in the apartmentis $
`0.00
`due on or before
`the date this Lease Contractis signed.
`Any security deposit or advancerentyoupaidis being held in one
`ofthe following three waysas indicated below [Landlord check one
`option]:
`1, Ina separate NON-INTERESTbearing accountfor your benefit
`in the following bank: Bank of America
`
`whose address isCoral Springs, FL
`
`;OR
`
`2. In a separate INTERESTbearing accountfor your benefit in
`the following bank: N/A
`whose address is N/A
`
`If an interest bearing account, you will be entitled to receive and
`collect interest in an amountofat least 75 percent ofthe annualized
`averageinterest rate payable on such accountorinterestat the rate
`of 5 percentper year, simple interest, whicheverthe landlordelects.
`Q 3. Ina commingled accountat the following bank N/A
`whoseaddress is N/A
`
`
`providedthat the landlord posts a surety bond with the
`countyorstate, as required by law, and pays you interest on
`yoursecurity deposit or advancerent at the rate of 5 percent
`per year simpleinterest.
`
`Page 1 of 10
`
`
`
`and us, the owner: Oaks at Red Bay LLC
`
`
`
`
`whose address is800 Corporate Drive, Suite 210
`
`Fort Lauderdale FL 33334
`. Such person or companyis authorized to receive
`notices and demandsin the landlord's behalf.
`
`A lease termination notice mustbe given in 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 otherwise required by applicable law, any notice required
`by this Leaseor law shall be in writing and shall be deemedto be
`deliveredto youif: (a) delivered personally; (b) sent electronically
`via emai] to any email addressonfile 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.
`
`OCCUPANTS, The apartmentwill be occupied only by you and(list
`all other occupantsnotsigning the Lease Contract):
`
`No one else may occupy the apartment. Personsnotlisted above
`mustnotstay in the apartmentfor more than
`7
`days
`withoutour prior written consent. If the previous spaceisn'tfilled
`in, two days per monthis the limit.
`
`© 2023, National ApartmentAssociation,Inc. - 7/2023, Florida
`
`

`

`All ofthe foregoing chargeswill be consideredto be additionalrent.
`
`sl
`
`ahMT Initials ofResident. Resident acknowledges
`costs of late payments and damagesin such instancesaredifficult
`receiving a copyofF.S. 83.49(2)(d) which providesas follows:
`to determine. Wealso both agree that the amountoflate rent and
`animal violation fees charged are reasonable estimates of the
`YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS, THE
`administrative expenses, costs, and damages we would incurin
`LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD'S
`such instances.
`ACCOUNTAS THEY ARE DUE AND WITHOUTNOTICE. WHEN YOU
`MOVEOUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
`SO THAT THE LANDLORDCANSEND YOU NOTICES REGARDING
`YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN
`30 DAYS AFTER YOU MOVEOUT, OF THE LANDLORD'S INTENT TO
`IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY
`TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM
`WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE,
`THE LANDLORD WILL COLLECT THE CLAIM AND MUSTMAIL YOU
`THE REMAININGDEPOSIT,IF ANY.
`IF THE LANDLORDFAILS TO TIMELY MAIL YOU NOTICE, THE
`LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATERFILE
`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 ATTEMPTTO INFORMALLYRESOLVEANY DISPUTE
`BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
`FAVOR A JUDGMENTIS RENDERED WILL BE AWARDEDCOSTS
`AND ATTORNEYFEES PAYABLEBY THE LOSING PARTY.
`THIS DISCLOSUREIS BASIC. PLEASE REFER TO PARTI] OF CHAPTER
`83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS
`AND OBLIGATIONS.
`
`. UTILITIES. We'll pay for the followingitems,if checked:
`water
`UL) gas
`Lj electricity () master antenna.
`
`wastewater
`trash
`([)cable TV
`CJother N/A
`You'll pay for all otherutilities, related deposits, and any charges,
`fees, or services on such utilities. You must notallow utilities to be
`disconnected— including disconnectionfor not paying yourbills—
`until the lease term or renewal period ends. Cable channels that
`are provided maybe changedduringthe lease term if the change
`applies to all residents. Utilities may be used only for normal
`household purposes and mustnotbe wasted.If yourelectricityis
`ever interrupted, you mustuse only battery-operated lighting.If
`anyutilities 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.
`Residentshall not heat the apartment using gas-operated stoves
`or ovens which wereintendedfor use in cooking.
`Wherelawful,all utilities, charges and fees of any kind underthis
`lease shall be considered additionalrent, and if partial payments
`are acceptedbythe Landlord,theywill be allocatedfirst to non-rent
`charges andto rentlast, Failure to maintain utilities as required
`herein is a material violation of the Lease and mayresult in
`. KEYS. You willbe provided___1_apartmentkey(s), 1
`
`termination of tenancy, eviction and/or any other remedies under
`mailbox key(s),
`FOB(s), and/or
`other access
`the Lease andFlorida law.
`device(s) for access to the building and amenities at no additional
`cost at move-in.If the key, FOB, or other access deviceis lost or
`becomes damaged during your tenancyoris not returned oris
`returned damaged whenyou moveout, you will be responsible for
`the costs for the replacement and/orrepair of the same.
`
`
`
`. INSURANCE. We do not maintain insuranceto cover your personal
`propertyor personalinjury. We are not responsible to any resident,
`guest, or occupant for damageorloss of personal property or
`personalinjury from (including butnotlimited to) fire, smoke,rain,
`flood, water and pipeleaks, 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, we urgeall Tenants, and particularly those residing in
`coastal areas, areas nearrivers, and areas proneto flooding, to
`obtain flood insurance. Renter's insurance may not cover damage
`to your property dueto flooding. A flood insurance resource which
`may beavailable includes the National Flood Insurance Program
`managedby the Federal Emergency Management Agency (FEMA).
`Prorated rentof$__916.29_is due for the remainderof [check
`We
`require L} do not require you to get your own insurance
`
`one]:&J1st month or (] 2nd month, on October 13
`for losses to your personal propertyor injuries dueto theft,fire,
`2023 |
`water damage,pipe leaks 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. [If required, failure to maintain personalliability insurance
`throughout your tenancy, including any renewalperiods and/or
`lease extensionsis 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 Contractor state law.
`
`. RENT AND CHARGES. Unless modified by addenda, you will pay
`$1495.00 per month forrent, payable in advance and without
`demand:
`
`at the on-site manager'soffice, or
`at our online paymentsite, or
`at WIPS
`
`
`
`Otherwise, you mustpay yourrent on or beforethe 1st day of each
`month(duedate) with no grace period. Cash is unacceptable without
`our prior written permission. You must not withholdor 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
`checks via the Automated Clearing House (ACH) system for the
`purposesofcollecting payment. Rent is not considered accepted,
`ifthe payment/ACH is rejected, does notclear, or is stopped for any
`reason. We may, but are not requiredto, accept rent through direct
`debit, ACH orother electronic meansestablished and approved by
`us, If you don't pay all rent on or before the__
`5th
`day of the
`month, you'll pay a late charge. Yourlate chargewill be (check one)
`Blaflatrate of $__75.00
`orl)
`% of your total
`monthly rent payment.You'll also pay a charge of$
`50.00
`for each returned checkor rejected electronic payment,plus a late
`charge.Ifyou don't pay rent on time,orfail to pay anyrent,utilities
`or contractualfees due under a priorleaseifthis is a renewallease,
`you'll be delinquent andal] remedies underthis Lease Contractwill
`be authorized. We'll also have all other remedies for such violation.
`All paymentobligations underthis Lease Contractshall constitute
`rent underthis Lease Contract.
`
`Weand you agreethat thefailure to pay rent timely or the violation
`ofthe animalrestrictions results in added administrative expenses
`and addedcoststo us, the sameasif we had to borrow money to
`pay the operating costs of the property necessary to cover such
`addedcosts, We both agreethat thelate fee and animalviolations
`provisionsare intendedto be liquidated damagessince the added
`
`, 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 changeor rekey locks or latches
`during the Lease Term. We must comply with those requests, but
`you mustpay for them, unless otherwise providedbylaw.
`Paymentfor Rekeying, Repairs, Etc. You mustpayforall repairs
`or replacementsarising from misuse or damageto devices by you
`or your family, occupants, or guests during your occupancy. You
`maybe required to pay in advance if we notify you within a
`reasonable time after your request that you are more than 30 days
`delinquent in reimbursing us for repairing or replacing a device
`which was misused or damagedbyyou,your guestor an occupant;
`or ifyou have requestedthat werepair or 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 work is completed.
`
`© 2023, National ApartmentAssociation,Inc. - 7/2023, Florida
`
`Page 2 of 10
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`

`

`
`
`
`Special Provisions and "WhatIf" Clauses
`RENT INCREASES AND LEASE CONTRACT CHANGES,
`10.
`SPECIAL PROVISIONS. Thefollowing special provisions and any
`addendaorwritten rules furnishedto you ator before signingwill
`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 special provisions in paragraph 10 (Special Provisions), by
`
`a written addendum or amendmentsigned by you andus, or by
`See Additional Special Provisions
`reasonable changes of apartmentrules allowed under paragraph
`
`19 (Community Policies or Rules). If, at least 5 days before the
`advancenotice deadline referred to in paragraph 3 (Lease Term
`and Termination Notice Requirements), we give you written notice
`of rent increasesor lease changeseffective whenthe lease term or
`renewalperiodends,this Lease Contract will automatically continue
`month-to-month with the increasedrent 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-OutNotice).
`
`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) your right to terminateas set forth below.
`. REIMBURSEMENT. You must promptly reimburseusforloss,
`Termination notice must be in writing. After termination, you are
`damage, governmentfines,or cost of repairs or service in the
`entitled only to refund of deposit(s) and any rentpaid. Rent
`apartmentor apartment community dueto a violation ofthe Lease
`abatementor Lease Contract termination doesnot applyif delay is
`Contractor rules, improperuse,or negligence by you or your guests
`for cleaning or repairs that don't prevent you from occupying the
`or occupantsor any other causenotdueto our negligenceor fault
`apartment.
`as allowed by law, except for damagesby acts of God to the extent
`they couldn't be mitigated by youraction or inaction. You'll defend,
`If there is a delay and we haven't given noticeof delay as set forth
`indemnify and hold us harmless from allliability arising from your
`immediately below, you may terminate up to the date whenthe
`conductor that of your invitees, your occupants, your guests, or
`apartmentis ready for occupancy,but notlater.
`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 as set forth in Paragraph 3 (Lease Term and Termination
`stoppageis 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
`the following that result from your or your invitees, guests, or
`resident's holding over, and that the apartmentwill be ready
`occupants’ negligence or intentionalacts: (1) damage to doors,
`on a specific date—you may terminate the Lease Contract
`windows, or screens; (2) damage from windowsor doorsleft
`within 3 days of your receiving the notice, but notlater.
`open; and (3) damage from wastewater stoppages caused by
`(2) If we give written notice to any of you before theinitial term
`improperobjects in lines exclusively serving your 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're liable. 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.
`CONTRACTUALLIEN AND PROPERTY LEFT IN APARTMENT.
`Contract within 7 days after any of you receives written notice,
`butnot later. The readiness date is considered the newinitial
`All property in the apartment or commonareasassociated
`term as set 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 contractuallien to secure paymentof delinquent
`be movedto an earlier date unless we and you agree.
`rent, Thelien will attach to your property or your property
`will be subject to the lien at the time you surrender possession
`or abandonthe premises.For this purpose, "apartment" includes
`commonareasassociated with the apartmentandinteriorliving
`areas and exterior patios, balconies, attached garages, and
`storeroomsfor your exclusive use.
`RemovalAfter Surrender or Abandonment. Weorlaw officers
`may, at our discretion, remove, dispose and/orstoreall property
`remaining in the apartment or in commonareas(including any
`vehicles you or any occupantor guest ownsor uses) ifyou surrender,
`are judicially evicted, or abandon the apartment(see definitions
`in paragraph 52 (Surrender and Abandonment)).
`THE LANDLORDIS NOT REQUIRED TO COMPLY WITHs. 715,104,
`BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES
`THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF
`POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF
`THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER
`83, FLORIDA STATUTES, THE LANDLORDSHALLNOTBE LIABLE
`OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE
`TENANT'S PERSONAL PROPERTY.
`
`
`
`See any additional special provisions.
`
`11,
`
`EARLY MOVE-OUT. Unless modified by an addendun,if you:
`(1) move out without paying rent in full for the entire Lease
`Contract term or renewalperiod; or
`(2) moveout at our demandbecauseofyour default; or
`(3) are judicially evicted.
`You will be liable for all rent owed at the time andas it becomes
`due underthe termsof your lease agreementuntil the apartment
`is re-rented,
`
`12
`
`Storage. We maystore, but have no duty tostore, property removed
`after surrender, eviction, or abandonmentofthe apartment. We're
`notliable for casualty loss, damage, or theft except for property
`removed undera contractuallien. You must pay reasonable charges
`for our packing, removing,storing, and selling any property.
`
`14,
`
`FAILING TO PAY RENT.Ifyou don't paythefirst month's rent when
`or before the Lease Contract begins, or any other rent due under
`this lease we may endyourright of occupancy and recover damages,
`attorney's fees, court costs, and other lawful charges.
`
` 15,
`
`16.
`
`17.
`
`. AD VALOREM TAXES/FEES AND CHARGES- ADDITIONALRENT.
`Unless otherwiseprohibited by law,if, during the term ofthis Lease,
`anylocality, city, state, or Federal Government imposes upon Us,
`anyfee, charge,or tax, whichis 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 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 agree to pay, as
`Additional Rent, the amountofthe charge,tax or fee imposed upon
`us, as a result of your occupancy. As examples, these charges can
`include, butare not limited to: any charges wereceive for any zoning
`violation, sound, noise or litter charge; any charge under any
`nuisanceor chronic nuisancetypestatute, 911 or otherlife safety,
`perperson,or per unit chargeor tax and anyutility bill unpaid by
`you, which is then assessedto us for payment.
`
`18.
`
`DISCLOSURE RIGHTS. If someone requests information on you
`or your rental history for law-enforcement, governmental, or
`business purposes, we may provideit. At our request, anyutility
`provider may give us information about pending or actual
`connectionsor disconnectionsofutility service to your apartment.
`
`© 2023, National ApartmentAssociation,Inc. - 7/2023, Florida
`
`Page 3 of 10
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`

`

`
`
`
`
`While You're Living in the Apartment
`
`19.
`
`COMMUNITYPOLICIES OR RULES. You and all guests and
`occupants must comply with any written apartmentrules and
`community policies, including instructions for care ofour property.
`Ourrules are consideredpartofthis Lease Contract. We may make
`reasonable changesto writtenrules,effective immediately,ifthey
`are distributed and applicable to all units in the apartment
`community and do not change dollar amountson page1 ofthis
`Lease Contract.
`
`20.
`
`21.
`
`PROHIBITED CONDUCT. You, your occupantsor guests, or the
`guests of any occupants, may not engagein the followingactivities:
`behavingin a loud or obnoxious manner;disturbing or threatening
`therights, comfort, health, safety, or convenienceof others(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 weaponprohibitedbystate law;
`discharging a firearm in the apartment community; displaying or
`possessing a gun,knife, or other weapon in the commonarea ina
`way that may alarm others; engaging in criminalactivity that
`threatensthe 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;
`tamperingwithutilities or telecommunications; bringing hazardous
`materials into the apartment community;or injuring our reputation
`by making bad faith allegations against us to others. You agree to
`communicate and conductyourselfatall times ina lawful, courteous,
`and reasonable manner wheninteracting with our employees,
`agents, independent contractors, and vendors; otherresidents,
`occupants, guestsor invitees; or any other person on the premises.
`You agree not to engage in any abusive behavior, either verbal or
`physical, or any form of intimidation or aggression directed at our
`employees, agents, independentcontractors, and vendors; other
`residents, occupants,guestsor invitees; or any other person onthe
`premises. If requested by us, you agree to conductall further
`business with usin writing. You agree not to make, postor publish
`information that contains the personal information or likeness of
`anotherperson,oris libelous, harassing, abusive, obscene, vulgar,
`
`
`
`LIMITATIONS ON CONDUCT.The apartment andotherareas
`22. PARKING. We may regulate the time, manner, andplace ofparking
`reservedfor your private use must be kept clean andfreeof trash,
`cars, trucks, motorcycles, bicycles, boats,trailers, recreational
`garbage,and otherdebris. Trash mustbe disposed ofat least weekly
`vehicles, and storage devices by anyone. We may have unauthorized
`in appropriate receptacles in accordance with local ordinances.
`orillegally parked vehicles towed under an appropriate statute. A
`Passageways maybeusedonlyfor entryor exit. You agree to keep
`vehicle is unauthorizedorillegally parked in the apartment
`all passageways and commonareasfree of obstructions such as
`communityifit:
`trash, storage items, and all formsof personal property. No person
`(1) hasa 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
`inspection sticker; or
`be used with care in accordance with apartmentrules and posted
`(4) takes up morethan oneparking space; or
`signs. Glass containers are prohibited in all commonareas. You,
`your occupants, or guests may not anywherein the apartment
`(5) belongs to a resident or occupant who has surrendered or
`abandoned the apartment; or
`community: use candlesor use kerosene lampsor keroseneheaters
`(6) is parked in a marked handicap space without the legally
`withoutour prior written approval; cook on balconies or outside;
`required handicapinsignia; or
`or solicit business or contributions. Conducting any kind ofbusiness
`(7) is parked in space marked for manager,staff, or guest at the
`(includingchild care services) in your apartmentor in the apartment
`office; or
`communityis prohibited—exceptthat any lawful business conducted
`(8) blocks anothervehicle from exiting; or
`"athome" by computer, mail, or telephoneis permissibleifcustomers,
`(9) is parkedin a fire lane or designated "no parking" area; or
`clients, patients, or other business associates do not cometo your
`(10) is parked in a space markedfor other resident(s) or unit(s); or
`apartment for business purposes. We may regulate: (1) the use of
`(11) is parked onthegrass, sidewalk, or patio; or
`patios, balconies, and porches;(2) the conductof furniture movers
`(12) blocks garbage trucks from access to a dumpster; or
`and delivery persons; and (3) recreational activities in common
`
`areas. You'll beliable to us for damage caused by you or any guests (13) belongsto a resident andis parkedinavisitororretail 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 other residents, neighbors,visitors, or owner
`representatives. We mayalso exclude from any outside area or
`commonarea a person whorefuses to show photoidentification
`or refusesto identify himself or herself as a resident, occupant, or
`guestof 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 convictionsor sex offender registry
`does not waive ourright to evict you.
`
`sexually explicit, or is inappropriate with respectto race, gender,
`sexuality, ethnicity, or other intrinsic characteristic; or is unrelated
`to the goodsorservices offered by or available at this Apartment
`Community;or is 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 paragraph shall be a material breach of this Lease and will
`entitle us to exercise all rights and remedies underthe lease and
`law.
`
`23, RELEASE OF RESIDENT. Unless you'reentitled to terminate your
`tenancy underparagraphs 10 (Special Provisions), 16 (Delay of
`Occupancy), 24 (Military Personnel Clause), 32 (Responsibilities
`of Owner), 47 (Move-OutNotice), or by separate addendum, you
`won't be released from this Lease Contract for any reason—including
`butnotlimited to voluntary or involuntary school withdrawal or
`transfer, voluntary or involuntaryjob transfer, marriage, separation,
`divorce, reconciliation, loss of co-residents, loss of employment,
`badhealth,or death.
`
`24, MILITARY PERSONNELCLAUSE. All parties to this Lease Contract
`agree to comply with any federallaw, including, but not limited to
`the Service Member's Civil ReliefAct, or any applicable state law(s),
`ifyou are seeking to terminate this Lease Contractand/or subsequent
`renewals and/or Lease Contract extensions undertherights granted
`by such laws.
`
`25, RESIDENT SAFETY AND PROPERTYLOSS. You andall occupants
`andguests mustexercise due care for your ownand others' safety
`andsecurity, especially in the use of smoke detectors and carbon
`monoxidedetectors, keyed deadbolt locks, keyless bolting devices,
`windowlatches, and other access control devices.
`SmokeDetectors and Carbon Monoxide Detectors.
`We'll furnish smoke detectors and carbon monoxidedetectors only
`if required by statute and we'll test them and provide working
`batteries