Filing # 197420915 E-Filed 05/01/2024 03:51:13 PM
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`16-2024-CC-007259-AXXX-MA Div: CC-P
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`IN THE COUNTY COURT, FOURTH
`JUDICIAL CIRCUIT IN AND FOR
`DUVAL COUNTY, FLORIDA
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`CASE NO.:
`DIVISION:
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`NH NORTHLAKE APARTMENTS LLC
`d/b/a Northlake Apartments,
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`Plaintiff,
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`vs.
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`LILIAN TILLMAN,
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`Defendant.
`_____________________________________/
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`COMPLAINT FOR EVICTION
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`Plaintiff, NH NORTHLAKE APARTMENTS LLC d/b/a Northlake Apartments (the
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`“Landlord”), brings this Complaint for Residential Eviction against Defendant, LILIAN TILLMAN
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`(the “Tenant”) for possession of real property pursuant to 83.40, Fla. Stat., and alleges the following:
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`1.
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`This is an action against Tenant for eviction from real property in Duval County,
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`Florida and therefore venue is proper pursuant to 47.011, Fla. Stat.
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`2.
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`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.
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`Stat.
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`3.
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`The Landlord owns or is the authorized agent for the record owner of the following
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`real and personal property in Duval County, Florida: 2445 DUNN AVENUE, #1001,
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`JACKSONVILLE, FL 32218 (the “Property”).
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`4.
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`All conditions precedent to the bringing of this action have occurred, have been
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`satisfied or otherwise have been waived.
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`5.
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`The Tenant has possession of said property under a written Lease (the “Lease”). A
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`copy of the Lease is attached hereto as Exhibit "A".
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 05/02/2024 08:26:51 AM
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`6.
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`The Tenant failed to pay the Landlord the amount of $1,464.14 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.
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`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.”
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`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.
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`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.
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`12.
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`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, NH NORTHLAKE APARTMENTS LLC d/b/a
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`Northlake Apartments, demands entry of judgment in its favor and against the Tenant, LILIAN
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`TILLMAN, for the possession of the Leased Premises, together with an award of attorneys’ fees,
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`costs, and such other relief as the Court deems just and proper.
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`ROGERS TOWERS, P.A.
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`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
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`ATTORNEYS FOR PLAINTIFF
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`APARTMENT LEASE CONTRACT
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`Date of Lease Contract:
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`This is a binding document. Read carefully before signing.
`Moving In — General Information
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`1. PARTIES. This Lease Contract (sometimes referred to as the
`"lease") is between you, the resident(s) (list all people signing the
`Lease Contract):
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`and us, the owner:
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`(name of apartment community or title holder). You've agreed to
`rent Apartment No.
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` , at
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`(street address) in
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`(city), Florida,
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`the "premises") for use as a private residence only. The terms "you"
`and "your" refer to all residents listed above. The terms "we," "us,"
`and "our" refer to the owner listed above (or any of owner's
`successors' in interest or assigns). Written or electronic notice to
`or from our managers constitutes notice to or from us. If anyone
`else has guaranteed performance of this Lease Contract, a separate
`Lease Contract Guaranty for each guarantor is attached.
`The
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` Owner or
` Manager of these apartments is
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`whose address is
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`. Such person or company is authorized to receive
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`notices and demands in the landlord's behalf.
`A lease termination notice must be given in writing. Notice to the
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`apartment community or any other address designated by
`management as follows:
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`Except as otherwise required by applicable law, any notice required
`by this Lease or law shall be in writing and shall be deemed to be
`delivered to you if: (a) delivered personally; (b) sent electronically
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`(c) posted to the door of your address shown above; or (d) mailed
`by U.S. First Class Mail to your address shown above.
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`2. OCCUPANTS. The apartment will be occupied only by you and (list
`all other occupants not signing the Lease Contract):
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`No one else may occupy the apartment. Persons not listed above
`must not stay in the apartment for more than
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`without our prior written consent.
`in, two days per month is the limit.
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`© 2023, National Apartment Association, Inc. - 7/2023, Florida
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`3. LEASE TERM AND TERMINATION NOTICE REQUIREMENTS.
`The initial term of the Lease Contract begins on the
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`of
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`, and ends at 11:59 p.m.
`the
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`This Lease Contract will automatically renew month-to-month
`unless either party gives at least
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` days' written notice of
`termination or intent to move-out as required by this paragraph
`and paragraph 47 (Move-Out Notice). If the number of days isn't
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`provide us with the required number of days' written notice of
`termination and intent to vacate coinciding with the lease expiration
`date, as required by this paragraph and paragraph 47 (Move-Out
`Notice), you acknowledge and agree that you shall be liable to us
`for liquidated damages in the sum of $
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`one month's rent) if we give you the advanced written notice
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`paragraph 47 (Move-Out Notice), and does not limit collection rights
`with regard to other amounts potentially owed to us. If the lease
`term is not a month-to-month tenancy, we must notify you with
`written notice no later than
` days before the end of the
`lease term if the lease will not be renewed.
`Month-to-Month Tenancies: In the event this Lease Contract
`renews on a month-to-month basis, you must pay the amount of
`rent we charge at the time the month-to-month tenancy commences
`pursuant to this paragraph and paragraph 15 (Rent Increases and
`Lease Contract Changes), inclusive of any applicable month-to-month
`fees and/or premiums. We may change your rent at any time
`thereafter during a month-to-month tenancy by giving you no less
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`notice requirements set forth in the lease and remain liable to pay
`all other applicable charges due under the lease during your month-
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`due under this paragraph shall be additional rent. We may require
`you to sign an addendum written for month-to-month tenants.
`Either party may terminate a month-to-month tenancy by giving
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`end of the monthly rental period. If you fail to provide us at least
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`prior to the end of the monthly rental period, you shall be liable to
`us for an additional 1 month's rent.
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`4. SECURITY DEPOSIT.
`deposit at the time of execution of this Lease Contract for all
`residents in the apartment is $
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`, due on or before
`the date this Lease Contract is signed.
`Any security deposit or advance rent you paid is being held in one
`of the following three ways as indicated below [Landlord check one
`option]:
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`in the following bank:
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`whose address is
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`; OR
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`the following bank:
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`whose address is
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`If an interest bearing account, you will be entitled to receive and
`collect interest in an amount of at least 75 percent of the annualized
`average interest rate payable on such account or interest at the rate
`of 5 percent per year, simple interest, whichever the landlord elects.
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`whose address is
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`provided that the landlord posts a surety bond with the
`county or state, as required by law, and pays you interest on
`your security deposit or advance rent at the rate of 5 percent
`per year simple interest.
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` Initials of Resident. Resident acknowledges
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`YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
`LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD'S
`ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU
`MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
`SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING
`YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN
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`IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY
`TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM
`WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE,
`THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU
`THE REMAINING DEPOSIT, IF ANY.
`IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
`LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE
`A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY
`OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
`DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
`REFUND.
`YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
`BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
`FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS
`AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
`THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER
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`AND OBLIGATIONS.
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`5. KEYS. You will be provided
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` apartment key(s),
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`mailbox key(s),
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` FOB(s), and/or
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`device(s) for access to the building and amenities at no additional
`cost at move-in. If the key, FOB, or other access device is lost or
`becomes damaged during your tenancy or is not returned or is
`returned damaged when you move out, you will be responsible for
`the costs for the replacement and/or repair of the same.
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`6. RENT AND CHARGES.
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`$
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` per month for rent, payable in advance and without
`demand:
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` is due for the remainder of [check
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` at our online payment site, or
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`Prorated rent of $
`one]:
` 1st month or
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`Otherwise, you must pay your rent on or before the 1st day of each
`month (due date) with no grace period. Cash is unacceptable without
`our prior written permission. You must not withhold or offset rent
`unless authorized by statute. We may, at our option, require at any
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`cashier's check, money order, or one monthly check rather than
`multiple checks. At our discretion, we may convert any and all
`checks via the Automated Clearing House (ACH) system for the
`purposes of collecting payment. Rent is not considered accepted,
`if the payment/ACH is rejected, does not clear, or is stopped for any
`reason. We may, but are not required to, accept rent through direct
`debit, ACH or other electronic means established and approved by
`us. If you don't pay all rent on or before the
` day of the
`month, you'll pay a late charge. Your late charge will be (check one)
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` or
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` % of your total
`monthly rent payment. You'll also pay a charge of $
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`for each returned check or rejected electronic payment, plus a late
`charge. If you don't pay rent on time, or fail to pay any rent, utilities
`or contractual fees due under a prior lease if this is a renewal lease,
`you'll be delinquent and all remedies under this Lease Contract will
`be authorized. We'll also have all other remedies for such violation.
`All payment obligations under this Lease Contract shall constitute
`rent under this Lease Contract.
`We and you agree that the failure to pay rent timely or the violation
`of the animal restrictions results in added administrative expenses
`and added costs to us, the same as if we had to borrow money to
`pay the operating costs of the property necessary to cover such
`added costs. We both agree that the late fee and animal violations
`provisions are intended to be liquidated damages since the added
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`© 2023, National Apartment Association, Inc. - 7/2023, Florida
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`to determine. We also both agree that the amount of late rent and
`animal violation fees charged are reasonable estimates of the
`administrative expenses, costs, and damages we would incur in
`such instances.
`All of the foregoing charges will be considered to be additional rent.
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`7. UTILITIES. We'll pay for the following items, if checked:
` water
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` gas
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` electricity
` master antenna.
` wastewater
` trash
` cable TV
` other
`You'll pay for all other utilities, related deposits, and any charges,
`fees, or services on such utilities. You must not allow utilities to be
`disconnected— including disconnection for not paying your bills —
`until the lease term or renewal period ends. Cable channels that
`are provided may be changed during the lease term if the change
`applies to all residents. Utilities may be used only for normal
`household purposes and must not be wasted. If your electricity is
`ever interrupted, you must use only battery-operated lighting. If
`any utilities are submetered for the apartment, or prorated by an
`allocation formula, we will attach an addendum to this Lease
`Contract in compliance with state agency rules or city ordinance.
`Resident shall not heat the apartment using gas-operated stoves
`or ovens which were intended for use in cooking.
`Where lawful, all utilities, charges and fees of any kind under this
`lease shall be considered additional rent, and if partial payments
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`charges and to rent last. Failure to maintain utilities as required
`herein is a material violation of the Lease and may result in
`termination of tenancy, eviction and/or any other remedies under
`the Lease and Florida law.
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`8. INSURANCE. We do not maintain insurance to cover your personal
`property or personal injury. We are not responsible to any resident,
`guest, or occupant for damage or loss of personal property or
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`explosions, earthquake, interruption of utilities, theft, hurricane,
`negligence of other residents, occupants, or invited/uninvited
`guests or vandalism unless otherwise required by law.
`In addition, we urge all Tenants, and particularly those residing in
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`may be available includes the National Flood Insurance Program
`managed by the Federal Emergency Management Agency (FEMA).
`require
`do not require you to get your own insurance
`We
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`water damage, pipe leaks and the like. If no box is checked, renter's
`insurance is not required.
`Additionally, you are
`required to purchase personal
`liability insurance
`not required to purchase personal liability
`insurance. If no box is checked, personal liability insurance is not
`required. If required, failure to maintain personal liability insurance
`throughout your tenancy, including any renewal periods and/or
`lease extensions is an incurable breach of this Lease Contract and
`may result in the termination of tenancy and eviction and/or any
`other remedies as provided by this Lease Contract or state law.
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`9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the
`prior resident moves out. The rekeying will be done before you
`move into your apartment.
`You may at any time ask us to change or rekey locks or latches
`during the Lease Term. We must comply with those requests, but
`you must pay for them, unless otherwise provided by law.
`Payment for Rekeying, Repairs, Etc. You must pay for all repairs
`or replacements arising from misuse or damage to devices by you
`or your family, occupants, or guests during your occupancy. You
`may be required to pay in advance if we notify you within a
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`delinquent in reimbursing us for repairing or replacing a device
`which was misused or damaged by you, your guest or an occupant;
`or if you have requested that we repair or change or rekey the same
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`complied with your request. Otherwise, you must pay immediately
`after the work is completed.
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`Special Provisions and "What If" Clauses
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`10. SPECIAL PROVISIONS. The following special provisions and any
`addenda or written rules furnished to you at or before signing will
`become a part of this Lease Contract and will supersede any
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`15. RENT INCREASES AND LEASE CONTRACT CHANGES.
`No rent increases or Lease Contract changes are allowed before
`the initial Lease Contract term ends, except for changes allowed
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`a written addendum or amendment signed by you and us, or by
`reasonable changes of apartment rules allowed under paragraph
`19 (Community Policies or Rules). If, at least 5 days before the
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`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
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`(without necessity of your signature) unless you give us written
`move-out notice under paragraph 47 (Move-Out Notice).
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`16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for
`construction, repairs, cleaning, or a previous resident's holding
`over, we're not responsible for the delay. The Lease Contract will
`remain in force subject to: (1) abatement of rent on a daily basis
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`Termination notice must be in writing. After termination, you are
`entitled only to refund of deposit(s) and any rent paid. Rent
`abatement or Lease Contract termination does not apply if delay is
`for cleaning or repairs that don't prevent you from occupying the
`apartment.
`If there is a delay and we haven't given notice of delay as set forth
`immediately below, you may terminate up to the date when the
`apartment is ready for occupancy, but not later.
`(1) If we give written notice to any of you when or after the initial
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`Notice Requirements)—and the notice states that occupancy
`has been delayed because of construction or a previous
`resident's holding over, and that the apartment will be ready
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` If we give written notice to any of you before the initial term
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`Notice Requirements) and the notice states that construction
`delay is expected and that the apartment will be ready for
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`Contract within 7 days after any of you receives written notice,
`but not later. The readiness date is considered the new initial
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`Notice Requirements) for all purposes. This new date may not
`be moved to an earlier date unless we and you agree.
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`17. AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL RENT.
`Unless otherwise prohibited by law, if, during the term of this Lease,
`any locality, 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
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`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 amount of 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 receive for any zoning
`violation, sound, noise or litter charge; any charge under any
`nuisance or chronic nuisance type statute, 911 or other life safety,
`per person, or per unit charge or tax and any utility bill unpaid by
`you, which is then assessed to us for payment.
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`18. DISCLOSURE RIGHTS. If someone requests information on you
`or your rental history for law-enforcement, governmental, or
`business purposes, we may provide it. At our request, any utility
`provider may give us information about pending or actual
`connections or disconnections of utility service to your apartment.
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`See any additional special provisions.
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`11. EARLY MOVE-OUT.
`(1) move out without paying rent in full for the entire Lease
`Contract term or renewal period; or
`move out at our demand because of your default; or
`are judicially evicted.
`You will be liable for all rent owed at the time and as it becomes
`due under the terms of your lease agreement until the apartment
`is re-rented.
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`12.
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`You must promptly reimburse us for loss,
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`apartment or apartment community due to a violation of the Lease
`Contract or rules, improper use, 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 to the extent
`they couldn't be mitigated by your action or inaction. You'll defend,
`indemnify and hold us harmless from all liability arising from your
`conduct or that of your invitees, your occupants, your guests, or
`our representatives who at your request perform services not
`contemplated in this Lease. Unless the damage or wastewater
`stoppage is due to our negligence, we're not liable for—and
`you must pay for—repairs, replacement costs, and damage to
`the following that result from your or your invitees, guests, or
`occupants’ negligence or intentional acts: (1) damage to doors,
`windows, or screens; (2) damage from windows or doors left
`open; and (3) damage from wastewater stoppages caused by
`improper objects in lines exclusively serving your apartment.
`We may require payment at any time, including advance payment
`of repairs for which you're liable. Delay in demanding sums you
`owe is not a waiver.
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`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 to 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
`common areas associated with the apartment and interior living
`areas and exterior patios, balconies, attached garages, and
`storerooms for your exclusive use.
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`may, at our discretion, remove, dispose and/or store all property
`remaining in the apartment or in common areas (including any
`vehicles you or any occupant or guest owns or uses) if you surrender,
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`THE LANDLORD IS NOT REQUIRED TO COMPLY WITH s. 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 LANDLORD SHALL NOT BE LIABLE
`OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE
`TENANT'S PERSONAL PROPERTY.
`Storage. We may store, but have no duty to store, property removed
`after surrender, eviction, or abandonment of the apartment. We're
`not liable for casualty loss, damage, or theft except for property
`removed under a contractual lien. You must pay reasonable charges
`for our packing, removing, storing, and selling any property.
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`14. FAILING TO PAY RENT.
`or before the Lease Contract begins, or any other rent due under
`this lease we may end your right of occupancy and recover damages,
`attorney's fees, court costs, and other lawful charges.
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`© 2023, National Apartment Association, Inc. - 7/2023, Florida
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`While You're Living in the Apartment
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`19.
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`20.
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`You and all guests and
`occupants must comply with any written apartment rules and
`community policies, including instructions for care of our property.
`Our rules are considered part of this Lease Contract. We may make
`reasonable changes to written rules, effective immediately, if they
`are distributed and applicable to all units in the apartment
`community and do not change dollar amounts on page 1 of this
`Lease Contract.
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`The apartment and other areas
`reserved for your private use must be kept clean and free of trash,
`garbage, and other debris. Trash must be disposed of at least weekly
`in appropriate receptacles in accordance with local ordinances.
`Passageways may be used only for entry or exit. You agree to keep
`all passageways and common areas free of obstructions such as
`trash, storage items, and all forms of personal property. No person
`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 or outside;
`or solicit business or contributions. Conducting any kind of business
`(including child care services) in your apartment or in the apartment
`community is prohibited—except that any lawful business conducted
`"at home" by computer, mail, or telephone is permissible if customers,
`clients, patients, or other business associates do not come to your
`apartment for business purposes. We may regulate: (1) the use of
`
`areas. You'll be liable 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, or owner
`representatives. We may also exclude from any outside area or
`
`or refuses to identify himself or herself as a resident, occupant, or
`
`landlord reserves the right to trespass any non-tenant from the
`leased premises and common areas.
`You agree to notify us if you or any occupants are convicted of any
`felony, or misdemeanor involving a controlled 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 of criminal convictions or sex offender registry
`does not waive our right to evict you.
`
`21. PROHIBITED CONDUCT. You, your occupants or guests, or the
`guests of any occupants, may not engage in the following activities:
`behaving in a loud or obnoxious manner; disturbing or threatening
`the rights, comfort, health, safety, or convenience of 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 weapon prohibited by state law;
`
`possessing a gun, knife, or other weapon in the common area in a
`way that may alarm others; engaging in criminal activity that
`threatens the health, safety, or right to peaceful enjoyment of others
`in or near the apartment community (regardless of arrest or
`conviction); storing anything in closets having gas appliances;
`tampering with utilities 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 conduct yourself at all times in a lawful, courteous,
`and reasonable manner when interacting with our employees,
`agents, independent contractors, 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 vendors; other
`residents, occupants, guests or invitees; or any other person on the
`premises. If requested by us, you agree to conduct all further
`business with us in writing. You agree not to make, post or publish
`information that contains the personal information or likeness of
`another person, or is libelous, harassing, abusive, obscene, vulgar,
`
`© 2023, National Apartment Association, Inc. - 7/2023, Florida
`
`22.
`
`sexually explicit, or is inappropriate with respect to race, gender,
`sexuality, ethnicity, or other intrinsic characteristic; or is unrelated
`to the goods or services 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. Any violation of
`this paragraph shall be a material breach of this Lease and will
`entitle us to exercise all rights and remedies under the lease and
`law.
`
`We may regulate the time, manner, and place of parking
`cars, trucks, motorcycles, 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)
`
`is on jacks, blocks or has wheel(s) missing; or
`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
`
`(8) blocks another vehicle from exiting; or
`(9)
`
`is parked in a space marked for other resident(s) or unit(s); or
`(11) is parked on the grass, sidewalk, or patio; or
`blocks garbage trucks from access to a dumpster; or
`belongs to a resident and is parked in a visitor or retail parking
`space.
`
`23.
`
`Unless you're entitled to terminate your
`
`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 withdrawal or
`transfer, voluntary or involuntary job transfer, marriage, separation,
`divorce, reconciliation, loss 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 federal law, including, but not limited to
`the Service Member's Civil Relief Act, or any applicable state law(s),
`if you are seeking to terminate this Lease Contract and/or subsequent
`renewals and/or Lease Contract extensions under the rights granted
`by such laws.
`
`25.
`
`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 only
`if required by statute and we'll test them and provide working
`
`the smoke detectors and the carbon monoxide detectors on a 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, without prior notice to you. You must immediately
`report smoke detector and carbon monoxide detector malfunctions
`to us. Neither you nor others may disable neither the smoke
`detectors nor the carbon 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 liable to us and others for any loss, actual damages,
`
`attorney fees and costs.
`Casualty Loss. We're not liable to any resident, guest, or occupant
`for personal injury or damage or loss of personal property from
`
`water and pipe leaks, hail, ice, snow, lightning, wind, explosions,
`earthquake, interruption of utilities, theft, or vandalism unless
`otherwise required by law. We have no duty to remove any ice,
`water, sleet, or snow but may remove any amount with or without
`notice. During freezing weather, you must ensure that the
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`pipes do not freeze (the appropriate temperature will depend upon
`weather conditions and the size and layout of your unit