Filing # 201401002 E-Filed 06/26/2024 02:42:10 PM
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`16-2024-CC-010646-AXXX-MA Div: CC-K
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`IN THE COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT
`IN AND FOR DUVAL COUNTY, FLORIDA
`
`
`HOME SFR BORROWER IV, LLC,
`a Delaware limited liability company,
`Plaintiff,
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`
`
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`TIMOTHY DONALD,
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`Defendant.
`_____________________________________/
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`v.
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`
`
`
`CASE NO.:
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`
`
`
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`COMPLAINT FOR EVICTION
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`HOME SFR BORROWER IV, LLC, a Delaware limited liability company (“Plaintiff”),
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`by and through the undersigned attorney, sues TIMOTHY DONALD (“Defendant”) and as its
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`Complaint alleges:
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`GENERAL ALLEGATIONS
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`1.
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`2.
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`This is an action to evict Defendant from real property in Duval County, Florida.
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`Plaintiff owns the following described real property in said County: 7268 Mimosa
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`Grove Trail, Jacksonville, FL 32210 (the “Subject Property”).
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`3.
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`Defendant has possession of the Subject Property under a lease written agreement
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`(the “Lease”) to pay rent of $1,615.00, payable monthly from April 1, 2024 through March 31,
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`2025. A true and correct copy of the Lease is attached hereto as Exhibit A.
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`4.
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`On June 1, 2024, Defendant failed to pay rent.
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 06/27/2024 09:02:24 AM
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`5.
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`On June 14, 2024, pursuant to § 83.56, Fla. Stat., Plaintiff’s agent served Defendant
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`a written three-day notice to pay rent or deliver possession, but Defendant refuses to do either. A
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`true and correct copy of the notice is attached hereto as Exhibit B.
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`6.
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`Pursuant to § 83.59, Fla. Stat., Plaintiff is entitled to recover possession of the
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`Subject Property.
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`7.
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`Plaintiff performed all conditions precedent to be performed by Plaintiff or the
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`conditions have occurred.
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`8.
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`Plaintiff is entitled to an award of costs and attorney fees pursuant to § 83.48, Fla.
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`Stat.
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`9.
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`Plaintiff is entitled to the Summary Procedure provided in § 51.011, Fla. Stat.
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`WHEREFORE, Plaintiff, HOME SFR BORROWER IV, LLC, a Delaware limited liability
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`company, demands judgment for possession of the Subject Property against Defendant, together
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`with court costs and attorney fees, and such further relief as the Court finds necessary and just.
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`
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`Respectfully,
`
`
`
`/s/ Mark R. Lippman
`Mark R. Lippman, Esq.
`Florida Bar No.: 244030
`Baldwin Park Center
`4767 New Broad Street
`Orlando, FL 32814
`407-648-4213 (Phone)
`407-839-3948 (Fax)
`Attorney for Plaintiff
`Primary:
`filings@llopa.com
`Secondary: mlippman@llopa.com
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`2
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`Residential Lease
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`1. Parties
`1.1 Parties to Lease. Home SFR Borrower IV, LLC ("Landlord") has entered into this Residential Lease (“Lease”) with the
`following individuals (individually and collectively, “Resident”):
`Email:
`Name: Timothy Donald
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`Phone:
`
`Name:
`Name:
`Name:
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`
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`
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`Name:
`Name:
`Name:
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` 1.2 Occupants. The following additional individuals will occupy the Premises (“Occupants”):
`
`
`Name:
`Name:
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`Name:
`Name:
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`Name:
`Name:
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`1.3
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`Consent for Calls/Texts/Email. Resident agrees to notify Property Manager in writing within five (5) days of any
`changes that occur from the original rental application, including changes to home or mobile phone numbers, email
`addresses, pets, and the addition or deletion of any Occupants. Resident must maintain a phone number local to
`the continental United States.
`a.
`Calls/Text Messages. Resident agrees Landlord and/or its agents may make calls and/or text messages, including
`via any automated means, to any phone number given for any purpose, including but not limited to information
`regarding the Premises, rent reminders and debt collection, maintenance request information, promotional or
`marketing messages, etc. Messaging and data rates may apply. For marketing messages, such consent is not a
`condition of any good or service and Resident may opt out at any time including by replying STOP to any text
`messages. However, with respect to any messages to collect a debt, such consent is a condition of this bilateral
`Residential Lease Agreement and Resident cannot unilaterally revoke consent to receive such messages. Resident
`agrees to the collection and use of
`information
`in accordance with the privacy policy set forth at
`https://rentprogress.com/disclosures/privacy-terms-of-use/.
`Email Messages. Resident agrees Landlord and/or its agents may send emails to any email given for any purpose,
`including but not limited to information regarding the Premises, rent reminders and debt collection, maintenance
`request information, promotional or marketing messages, etc. Resident may unsubscribe from any automated
`promotional or marketing email messages by clicking the unsubscribe link in any email from Progress Residential.
`Resident agrees to the collection and use of information in accordance with the privacy policy set forth at
`https://rentprogress.com/disclosures/privacy-terms-of-use/
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`,
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`b.
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`Initials:
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`1.4. Occupancy. Resident represents, warrants and covenants that all persons who will reside at the Premises are
`listed above and that Resident shall not rent or occupy any other home managed by Property Manager or
`any affiliate of Property Manager (as hereinafter defined) during the Term of this Lease. Residents include
`any individual over the age of 18 at the time of signing this Lease for whom the Premises is the primary
`residence. Occupants include all minors and any individual, whether related or unrelated to any Resident or
`Occupant, who sleeps on the Premises for more than two (2) weeks in any calendar month at any point in the
`Lease Term. Resident will be held responsible for all actions and inactions of Occupants. All adult Occupants
`are subject to application approval requirements. All Occupants are subject to and governed by this Lease as
`if they were Residents, but only Resident shall be financially responsible for this Lease. If Resident violates
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`1
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`© 2023 Progress Residential
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`Residential Lease (2023.v4)
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`EXHIBIT A
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`this provision, Landlord may take all or any of the following actions: (i) declare Resident to be in default of
`this Lease and exercise Landlord’s remedies; (ii) charge Resident, as additional Rent, an initial amount of
`$500.00 per person and $35.00 per day thereafter per person for each day Resident violates the occupancy
`restrictions.
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`2.
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`PREMISES
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`2.1. Property. Landlord rents to Resident and Resident rents from Landlord the residential property, personal property and
`improvements located at the street address of: 7268 Mimosa Grove Trail JACKSONVILLE, FL 32210 (“Premises”).
`
`2.2. Property Manager. This Lease and the Premises will be managed by Progress Residential Management Services, LLC,
`(904) 512-1660, 8641 Baypine Rd., Suite 3, Jacksonville, FL 32256 and CustomerCare@RentProgress.com (as updated
`from time to time by Landlord, ‘’Property Manager”).
`
`2.3.
`
`Landlord Reserved Improvements. This Lease is subject to Landlord’s express reservation of rights for the Landlord and
`its contractors, representatives, agents and other licensees, from time to time, to access, erect, construct, install, use,
`operate, maintain, repair, replace and remove any improvements on, across, under, upon, in, over, and/or through the
`Premises and any improvements situated thereon, including, without limitation, the home situated on the Premises(all
`of such improvements being collectively, the “Landlord Reserved Improvements”), which Landlord Reserved
`Improvements may include, without limitation, wireless service improvements, solar panels, or any other improvement
`which the Landlord or a licensee of Landlord desires to install at the Premises. Without limitation, the foregoing
`reserved rights include the right to trim, cut or remove any trees or other vegetation or any other debris from the
`Premises, which in any way impairs the operation or maintenance of the Landlord Reserved Improvements. Such
`Landlord Reserved Improvements may be accessed, erected, constructed, installed, used, operated, maintained,
`repaired, replaced and/or removed for the Landlord’s sole purposes and benefit and are not required to serve or
`otherwise benefit the subject Premises or the Resident. Resident agrees to reasonably cooperate with Landlord to
`facilitate access to the Premises and Landlord Reserved Improvements as needed for Landlord to be able to fully
`exercise its reserved rights hereunder. Resident acknowledges that activities in connection with the rights reserved to
`Landlord and its contractors, representatives, agents and other licensees hereunder may cause disruption or
`inconvenience to Resident. No such disruption or inconvenience shall constitute a breach of the covenant of quiet
`enjoyment or a constructive eviction or otherwise constitute a default by Landlord under this Lease or afford Resident
`any rights or remedies of any type or nature against Landlord; provided, however, Landlord shall use commercially
`reasonable, good-faith efforts to minimize any interference with Resident’s quiet enjoyment of the Premises. Unless
`otherwise elected by Landlord in writing, the Landlord Reserved Improvements are not a part of the Premises, and
`Resident shall not suffer or permit any lien or other claim to attach to the Landlord Reserved Improvements. Resident
`shall not tamper with, modify, alter or access the Landlord Reserved Improvements and Resident shall not install or
`operate any improvements or equipment at the Premises that interferes with the operation and use of the Landlord
`Reserved Improvements. Resident shall be responsible for any damage to the Landlord Reserved Improvements caused
`by Tenant or Tenant’s agents, representatives, contractors, guests or invitees.
`
`3.
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`LEASE TERM, TERMINATION and TRANSFER
`
`3.1. Term. The Lease Term begins on 04/01/2024 (“Start Date”) and ends on 03/31/2025 (“End Date”); such period
`being referred to as the “Lease Term”.
`3.2. Possession of Premises. Resident is deemed to have possession of the Premises when keys are provided by Landlord.
`Notwithstanding whether Resident has possession, Resident shall be responsible for Rent and other fees under this
`Lease as of the Start Date and through the End Date or transfer of possession to Landlord, whichever is later. Landlord
`is deemed to have possession of the Premises when keys are received from Resident, however, Landlord’s acceptance of
`possession during the Lease Term shall not constitute a waiver any of Landlord’s rights and remedies herein.
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`3.3. Delay of Occupancy by Landlord. If Landlord is unable to deliver possession of the Premises within ten (10) days after
`the Start Date, Resident may terminate this Lease by giving written notice to Landlord before the Premises are made
`available for occupancy by Resident, and Landlord will refund the Security Deposit, Holding Fee (if any), and any Rent
`paid. Landlord shall not be liable for incidental or actual damages to Resident due to the delay. Notwithstanding the
`foregoing, Resident shall not have the right to terminate this Lease because of delays caused by mere cleaning or make-
`ready work that does not affect habitability of the Premises.
`
`3.4. Resident’s Refusal to Occupy. If Resident refuses to take possession of the Premises after being made available by
`Landlord, the obligations of Landlord under this Residential Lease shall cease and Landlord shall have the right to retain
`Resident’s Security Deposit and all other amounts collected by Landlord. Landlord’s acceptance of Resident’s Security
`Deposit and such other collected amounts do not waive Landlord’s right to exercise other available remedies.
`
`3.5. Lease Termination; Month-to-Month Extension. Resident may terminate this Lease at the end of the Lease Term only by
`giving Property Manager sixty (60) days’ prior written notice of Resident’s intent to vacate. Landlord may terminate
`this Lease at the end of the Lease Term by giving Resident sixty (60) days’ prior written notice or as otherwise
`permitted herein. If neither party gives the requisite termination notice, then this Lease will continue on a month-to-
`month basis for successive one (1)- month terms until either party gives thirty (30) day notice to terminate a month-
`to-month tenancy. This shall not constitute a renewal of the Lease for any longer term. During any month-to-month
`tenancy, all other Lease terms will continue to apply, except that the monthly rent payments shall be increased to 120%
`of market Rent for the Premises, without notice. If the Resident provides notice of less than sixty (60) days of the intent
`to vacate, this will be considered late notice and the Resident will be charged Rent through the full sixty (60)-day notice
`period, prorated through the notice period. Any offer of Landlord to enter into a new lease agreement or renewal term
`with the Resident is specifically contingent upon the Resident’s account being in good standing. In the event Resident is in
`default, monetary or otherwise, any renewal offers shall be deemed revoked and Resident shall vacate the Premises at the
`end of the Lease Term without further notice or action of Landlord.
`
`3.6. Holdover. If Resident fails to timely vacate the Premises after giving notice of termination to Property Manager or after
`receiving a Landlord notice of termination, the Resident shall be considered a tenant at sufferance and the holdover will
`not constitute a renewal or an extension for any further term. Rent during the holdover will be two times (2x) the
`Monthly Rent, calculated on a daily basis, and will be immediately due and payable without notice or demand. In
`addition, Resident will indemnify Landlord for any damages, including, without limitation, lost Rent, lodging expenses,
`moving fees, costs of eviction, and attorneys’ fees. Landlord does not consent to any holding over by Resident. This
`paragraph does not limit or waive any other rights or remedies of Landlord.
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`3.7.
`
`Early Termination. Resident agrees to pay an amount equal to two months’ Rent as liquidated damages or an early
`termination fee if Resident elects to terminate the Lease for any reason (other than those identified in Section 17, below)
`prior to the End Date of the Lease. Upon receipt of payment, the Landlord waives the right to seek additional Rent
`beyond the date that the Landlord retakes possession, and such termination will not be considered an event of default.
`Failure to make timely payment may result in a default of the Lease, and Landlord shall have all rights and remedies
`available hereunder.
` Initials:
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`© 2023 Progress Residential
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`Residential Lease (2023.v4)
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`3.8. NO ORAL NOTICE; TIME IS OF THE ESSENCE. Oral notification is not sufficient under any circumstances. Time is of the
`essence for providing notice of Lease termination, and strict compliance with the dates by which such notice must be
`provided is required.
`
`4. RENT: “Rent” will mean all Monthly Rent and additional rental charges that Resident is obligated to pay Landlord under
`the terms of this Lease.
`4.1. Monthly Rent. Resident will pay rent per month plus any applicable sales or rental tax (“Monthly Rent”), as follows:
`04/01/2024 – 03/31/2025: $1,615.00.
` – : $N/A
`Rent shall be due without notice, demand or deduction. If Lease Term is shorter than twelve (12) full months, a short
`term premium in the amount of $N/A will apply, and be payable on a monthly basis as Rent
`
`4.2. When Payable; Priority of Payments. Monthly Rent is payable in advance on or before the first (1st) day of each
`calendar month and delinquent if not received by the second (2nd) day of each calendar month. All payments made
`by Resident to Landlord under this Lease will, without regard to their characterization or earmarking by Resident, be
`allocated by Landlord in the following order of priority: (i) to late charges and amounts owed from maintenance
`charge-backs, fines caused by Resident, and other Resident actions or inactions in violation of this Lease; (ii) to
`delinquent Rent; and (iii) to current Rent due and payable.
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`4.3.
`
`Procedure for Making Payments. Resident may not pay Rent in cash. Rent may be paid only through the
`following methods:
`
`(a)
`
`Electronic ACH payment, debit or credit card, or “Text to Pay,” through Landlord’s online payment portal
`available at www.rentprogress.com (additional fees for debit and credit card payments may apply); or
`(b) Check, money order or cashier’s check payable to Landlord by mail to Landlord at PO Box 4300, Scottsdale,
`AZ 85261.
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`4.4.
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`Acceptance of Partial Rent. Rent must be paid in full. Any acceptance of partial Rent by Landlord is specifically
`accepted with full reservation of rights, and will not waive Resident’s breach of this Lease or limit Landlord’s rights to
`evict Resident through eviction proceedings, whether filed before or after Landlord’s acceptance of any such partial
`Rent payment.
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`5.
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`LATE CHARGES; OTHER FEES. Any payment due under this Lease that is not paid timely and in full shall be subject to fees
`and charges, which shall be deemed additional Rent.
`
`5.1.
`
`Late Charges. Any Rent payment or portion thereof received by Landlord or its agents after the third (3rd ) day of
`the month will incur a late charge of $125.00 plus any applicable tax on the entire overdue amount (“Late Charge”),
`which will be charged on the fourth (4th) day of the month and each month thereafter in which any Rent payment,
`portion thereof, or Late Charge, remains outstanding. If Resident pays Rent late on two (2) or more instances, then
`Landlord reserves the right to increase the Late Charge as permitted by applicable law and subject to the terms of
`any security deposit addendum attached hereto. In no event will any late charge payable under this Lease exceed
`the maximum late charge allowed under applicable law, and in the event Landlord collects any late charge in excess
`of the maximum amount allowed under applicable law, any such excess shall be credited to Resident’s obligations
`under this Lease or, if this Lease has terminated or expired and Resident has no further obligations to Landlord at
`such time, any such excess shall be refunded to Resident.
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`© 2023 Progress Residential
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`5.2.
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`5.3.
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`5.4.
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`Insufficient Funds Fee. If a check tendered in payment of any obligation under Resident’s rental application or this
`Lease is dishonored or returned by the financial institution on which it is drawn for any reason, Landlord shall be
`entitled to charge an insufficient funds fee of forty dollars ($40.00) plus any applicable tax (“NSF Fee”) in addition to
`all other late charges, fees, and expenses which Landlord may be entitled to recover either under this Lease or
`applicable law. If two (2) checks are returned at any time with respect to any payment made in connection with
`Resident’s rental application or during the Lease Term, Resident shall make all subsequent payments in cashier’s check
`or money order, as Landlord may elect; cash will not be accepted.
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`Posting Fee. Resident shall pay a posting fee of forty dollars ($40.00) plus any applicable tax (“Posting Fee”) for
`notice to pay Rent, notice of non-compliance, or any other postings or notices required by law in connection with
`Landlord’s remedies.
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`Additional Rent; No Waiver. Any Late Charge, NSF Fee, or Posting Fee due must be paid with the current installment of
`Rent and all such fees incurred by Resident will be deemed additional Rent. Landlord’s acceptance of any of the fees
`will not constitute a waiver as to any Resident default, an extension of payment due dates, or a waiver of any other
`rights and remedies.
`
`5.5. HOA or Municipality Non-Compliance Fee. If Landlord receives notice of a CC&R, city code, or other municipal
`violation at the Premises, and the Landlord determines that the violation is attributable to action or inaction of the
`Resident, a Non-Compliance Fee of $45.00 will be charged for notifying you of the violation, in addition to any fines
`assessed by the HOA, municipality, or other governing body.
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`5.6.
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`Administrative Fees; Other Fees. Administrative fees may apply from time to time, as follows:
`
`(a)
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`(b)
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`(c)
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`(d)
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`A nonrefundable Lease Administration Fee in the amount of $0 will be due and owing prior to Resident taking
`possession of the Premises.
`Resident shall pay a monthly Resident Benefits Package Fee of $15.00. The Resident Benefits Package Fee is
`assessed for professional management services and technology provided by property management for the
`convenience of the resident.
`An Eviction Administration Fee in the amount of $200 will be charged for the Property Manager’s preparation of
`documents for an eviction proceeding.
`An Amendment fee in the amount of $100 will be charged for documentation of Resident-requested changes to
`the Lease during the Lease term, including but not limited to the addition or removal of Residents or adult
`Occupants, and the addition of pets.
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`6.
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`SECURITY DEPOSIT: Resident must pay to Landlord an amount equal to $2,400.00 as a security deposit (“Security
`Deposit”) on or before the date Resident enters into this Lease. The Security Deposit shall be paid by certified check,
`money order or cashier’s check separately from Rent and fees paid hereunder. The Security Deposit shall stand as a
`continuing and unconditional guarantee for the terms of this Lease and Resident’s obligations under applicable law, as well
`as security for the Rent, and to indemnify Landlord against any damage to the Premises or furnishings, whether caused by
`Resident, Occupants, or members of their family or persons upon the Premises with their consent and further to indemnify
`Landlord for any breach of this Lease.
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`6.1.
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`6.2.
`
`No use as Rent. THE SECURITY DEPOSIT MAY NOT BE USED BY RESIDENT IN LIEU OF PAYMENT OF ANY RENT DUE
`UNDER THIS LEASE UNLESS EXPRESSLY AGREED TO BY LANDLORD IN IT’S SOLE DISCRETION.
`
`Charges After Move-Out. After you move out, there will be a move-out inspection of the Premises. You will
`receive notice of the inspection and a reasonable opportunity to attend, if and when required by local law. During the
`inspection, the condition of the Premises will be reviewed in detail along with the move-in inspection report (if
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`© 2023 Progress Residential
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`applicable) and any photographs of the Premises taken before or at the time of move-in, or during the mid-year
`inspection (if any). Any damage or defect of the Premises that was not present at move-in, “ordinary wear and
`tear” only excepted, will be the Resident’s responsibility to repair or remediate, and the Landlord will charge the
`Resident’s security deposit accordingly. See the attached Repair Services Cost Sheet Addendum for examples of
`charges that may be incurred. The Premises must be professionally cleaned, including carpets. If the Premises are not
`left professionally clean, or if repairs that have been determined to be the Resident’s responsibility are
`necessary, a minimum charge of $450.00 shall be deducted from the Security Deposit to cover the cost of cleaning
`the Premises.
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`6.3.
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`6.4.
`
`Ordinary Wear and Tear. For the purposes of this Lease, “ordinary wear and tear” is defined as usual degradation
`which results from the day to day use of the Premises and from lapse of time, such as the normal ageing of the
`Premises, its fixtures, flooring, appliances, hardware and finishes, and shall not include any of the following:
`improper usage, neglect or abuse, failure to professionally clean the Premises, failure to return the Premises
`without defect or damage (including but not limited to damaged flooring, appliances, walls or paint), pet odors and
`stains, and failure to comply with the maintenance obligations described in Section 9 below.
`
`Replenishment and Assignment. If any part of the Security Deposit shall have been used by Landlord in accordance
`with the terms of this Lease or applicable law, Resident shall, upon demand, immediately deposit with Landlord a
`sum equal to the amount so applied by Landlord, so that Landlord shall have the full Security Deposit on hand at all
`times during the Lease Term, and any Renewal Terms or holdover thereof. In the event of the sale, transfer or
`assignment by Landlord of Landlord’s interest in the Premises or this Lease, Landlord shall have the right to
`transfer the Security Deposit to the transferee, whereupon Landlord shall be released from all liability for the
`Security Deposit and Resident shall look solely to the new landlord for return of the Security Deposit.
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`6.5. No Interest. No interest will be paid on the Security Deposit unless required by applicable law.
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`7.
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`USE AND OCCUPANCY.
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`7.1. Condition of Premises. Resident will inspect the Premises and agrees to accept the condition “AS IS” with no warranties
`or promises express or implied. Resident will personally examine the Premises prior to taking possession, and by
`taking possession of the Premises agrees that the Premises are suitable for Resident’s occupancy. All visible damage
`or defect of the Premises must be noted at move-in on a move-in inspection report or written communication to the
`Property Manager. The absence of any such note will be conclusive evidence of the Resident’s responsibility of the
`damage or defect. Resident accepts the Premises and all furnishings, appliances, landscaping and fixtures AS IS, WITH
`ALL FAULTS. Except as expressly provided herein, Landlord has made no express or implied representations or
`warranties regarding the condition of the Premises. The Premises and any personal property or fixtures included
`therewith are clean and in operable condition. The taking of possession of the Premises by Resident shall be
`conclusive evidence that the Premises were in satisfactory condition at the time such possession was taken.
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`7.2.
`
`Private Residential Use Only. The Premises may be used as a private residence only. The Premises may not be used
`for operation of a business or commercial activity of any type, including, but not limited to, in-home child care.
`
`7.3. Assignment and Subletting. Resident may not assign this Lease or sublet the Premises, including temporary or
`“micro” tenancies such as home-sharing or vacation rentals. Any such assignment or sublease of this Lease is
`immediately voidable by Landlord. Landlord’s consent to any one assignment, transfer or sublease will not be
`construed as consent to any subsequent assignment, transfer or sublease and will not release Resident of Resident’s
`obligations under this Lease.
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`7.4. Homeowner Association Rules. If the Premises are located within homeowner, neighborhood, or condominium
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`association (“HOA”), then Resident’s rights under this Lease shall be subject to the covenants, restrictions and
`requirements of such HOA relating to the Premises, which covenants, conditions and restrictions are hereby
`incorporated herein (“CC&Rs”). Resident acknowledges it has received a copy of any CC&R’s.
`
`(a)
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`(b)
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`(c)
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`Compliance. Resident must review and comply with all CC&Rs requirements affecting the Premises. If Landlord
`receives notice of a CC&R violation at the Premises, and the Landlord determines that the CC&R
`violation is attributable to action or inaction of the Resident, an HOA Non-Compliance Fee of $45.00
`will be charged for notifying you of the violation. In addition, Resident will be required to reimburse
`Landlord for any fines or other charges assessed against the Premises or Landlord for Resident’s failure to
`comply with any such CC&Rs, whether or not Landlord has been notified of the violations or provided
`notice to the Resident. If the Resident fails to remedy the violation within the appropriate time period,
`the Landlord or Property Manager is authorized to cure the violation on the Resident’s behalf, and
`Resident shall be required to pay the cost to cure.
`
`Approval. If (i) an HOA requires approval of this Lease and this Lease is not approved by the HOA for any
`reason, the Resident agrees to comply with the demand of the HOA including but not limited immediately
`and peacefully vacating the Premises (if possession has already been given), and curing violations and/or
`paying fines, and in all cases holding Landlord harmless for such non-approval. Resident shall look solely
`to the HOA that has denied Lease approval for redress of any grievances caused thereby.
`
`Fees. The Resident will be responsible for any fees or charges required to be paid to the HOA for amenities,
`utilities, or other mandatory services that benefit the Resident, such as cable/satellite service, trash
`services, and required landscaping services. These charges may change from time to time as determined
`by the HOA, and when the Landlord is notified, these charges will be added to the Resident’s ledger to be
`paid as additional Rent. Charges that are known to Landlord as of the date of this Lease will be identified
`in an addendum hereto.
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`7.5. Neighborhood Conditions. Resident is advised to satisfy himself or herself as to neighborhood or area conditions,
`including schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or
`offenders, fire protection, other governmental services, availability, adequacy and cost of any wired, wireless internet
`connections or other telecommunications or other technology services and installations, proximity to commercial,
`industrial or agricultural activities, existing and proposed transportation, construction and development that may
`cause or affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other
`nuisances, hazards or circumstances, cemeteries, facilities and condition of common areas, conditions and influences
`of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Resident.
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`7.6.
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`7.7.
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`Pets. Resident may not harbor any pet on the Premises that is not identified in or otherwise permitted by the Pet
`Addendum, even if only temporarily. If Resident violates this provision, Landlord may take all or any of the following
`actions: (i) declare Resident to be in default of this Lease and exercise Landlord’s remedies; (ii) charge Resident, as
`additional Rent, a Pet Default Fee of $200, plus the Pet Fee of $300.00 per pet and $ 35.00 per day thereafter per pet
`for each day Resident violates the pet restrictions; and (iii) charge to Resident Landlord’s cost to exterminate the
`Premises for fleas and other insects, clean and deodorize Premises, and repair any damage caused by the
`unauthorized pet(s).
`
`Prohibited Activities. Smoking is not allowed on the Premises. Moreover, Resident shall not:
`(a)
`install or permit any of the following on the Premises, even if only temporarily: spa, hot tub, above-
`ground pool, trampoline, or any item which may cause or causes a suspension or cancellation of property
`insurance coverage or increases property insurance premiums; or
`cause, or permit the Premises to be used in connection with, any activity that is a nuisance, offensive, noisy,
`
`(b)
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`© 2023 Progress Residential
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`Residential Lease (2023.v4)
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`or dangerous or that involves (i) repairing a vehicle; (ii) violation of any zoning ordinance, CC&R, or other
`local rule or regulation; (iii) illegal or unlawful activity; or (iv) obstruction, interference with, or infringement
`on the rights of other persons near or about the Premises.
`disrupt or interfere with Landlord’s business operations, or communicate with Landlord, Landlord’s agent,
`or their employees in an unreasonable, discourteous, rude or hostile manner
`Resident agrees and authorizes Landlord to use any arrest record or police-generated reports referring to Resident as
`reliable direct evidence of Resident’s conduct or violation of this section.
`
`(c)
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`7.8.
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`Parking. Resident shall only allow parking of Resident’s and Occupants’ personal vehicles at the Premises, subject to
`local rules and regulations and applicable CC&R’s. Resident may not park or permit any person to park any vehicles
`on the grass or on the front or back yard. The driveway, garage, and/or parking space(s) are to be used for properly
`licensed and operable motor vehicles only and unless approved in writing by the Property Manager, may not be used
`for trailers, boats, campers, RVs, buses or trucks (other than pick-up trucks). Parking areas must be kept clean.
`Vehicles leaking oil, gas or other fluids must not be parked on the Premises.