Filing # 194741399 E-Filed 03/25/2024 02:36:33 PM
`
`IN THE COUNTY COURT, ORANGE COUNTY, FLORIDA
`CIVIL DIVISION
`
`SFR XII NM ORLANDO OWNER 1 LP
`Plaintiff,
`
`-vs-
`MILADYS SANCHEZ
`Defendant(s).
`
`/
`
`CASE NO.:
`DIVISION:
`
`COMPLAINT
`
`FOR EVICTION
`
`Plaintiff, SFR XII NM Orlando Owner 1 LP, by and through the undersigned counsel, sues
`Defendant(s), Miladys Sanchez, and alleges:
`1. This is an action to evict tenants from real property located in Orange County, Florida.
`2. The Plaintiff
`is the landlord of the following real property in said county:
`4214 Arch St, Orlando, FL 32808
`3. Defendant(s) hold possession of said property under a written rental agreement (Exhibit A).
`electronic signatures where applicable, if rental agreement electronically sign.)
`4. Defendant(s) failed to pay rents due on or before March 7, 2024 of $13,030.37.
`The Plaintiff served Defendant(s) the Statutory Notice (Exhibit B) on March 7, 2024 to pay rents due
`5.
`at that time or
`to vacate the premises, but the Defendant(s) refused to do either.
`(Note
`Affidavit/Verification of Service where applicable, if Statutory Notice served by process server.)
`WHEREFORE, Plaintiff demands judgment for possession of the property against the Defendant(s),
`release of any funds deposited into the Registry of the Court, costs and attorney fees, and such other relief
`as is appropriate.
`DATED: March 22, 2024
`
`(Note
`
`/s/ Matthew E. Siegel
`Matthew E. Siegel
`Attorney for Plaintiff/FBN 0107076
`The MGFD Law Firm PA
`2753 SR 580, Ste 209/Clearwater, FL 33761
`727-726-1900/Fax 727-726-7440
`Email: eservice@mgfdlaw.com
`
`99558
`
`

`

`LEASE FOR RESIDENTIAL PROPERTY
`
`Exhibit A
`
`forth herein and other good and valuable consideration, the
`the mutual covenants
`For and in consideration of Ten Dollars ($10.00),
`set
`receipt and sufficiency of which is hereby acknowledged, the undersigned Lessor and the undersigned Tenant do hereby agree as follows:
`
`then
`
`forth in this Section and are subject to the explanations and clarifications set
`A. PRIMARY TERMS The primary terms of this lease are set
`forth in Corresponding Paragraphs Section B of the Lease. Lessor agrees to lease to Tenant and Tenant agrees to lease from Lessor the
`Premises identified herein on
`this date of June 29, 2023 the terms and conditions of which are set forth as follows:
`1. Name of Lessor: SFR XII NM Orlando Owner 1, L.P. ("Lessor')
`Name of Tenant(s): Miladys Sanchez, Carmen Nevarez ("Tenant")
`Property Address: 4214 Arch St, Orlando, FL 32808 ("Premises")
`2. Lease for
`a term Start Date:
`June 30,2023Last Day of Lease(Lease End Date): June 30,2024.Tenant may terminate this Lease
`without penalty if possession is not granted within 15 days after the Lease Start Date ("Approved Delay Period"). No delay on the part
`shall any waiver of
`of Lessor in delivering possession or exercising any power or right hereunder shall operate as a waiver thereof, nor
`any rights or powers of Lessor or consent by Lessor be valid unless in writing duly executed by Lessor.
`3. Rent: Tenant shall pay monthly rent of $1995.00 If Tenant
`is taking occupancy prior to the first day of the calendar month,
`Tenant will pay prorated rent of $66.50 for the period of 6/30/2023 - 6/30/2023 prior to taking possession.
`Rent Shall Be Payable To Excalibur Homes, LLC (Manager) and mailed to 2855_Marconi Dr. #310 Alpharetta, GA 30005 or
`delivered in person to 7800 Southland. Suite 102, Orlando, FL 32809 ("Rent Payment Addresses")
`can pay by Auto-debit
`Form of Payment: Tenant may pay rent by Personal checks, certified checks, or money orders. Tenant
`(Free)
`time payments through Manager's portal for a fee of $10.00 per ACH payment and $15 per debit card payment. Tenant
`or make one
`may pay by credit card through Managers portal which will
`the merchant services fees
`include a convenience fee of 3.5% to offset
`charged by the credit card companies. For security purposes Cash is not accepted at either of the Rent Payment Addresses. Tenants
`form and
`of
`the
`locations
`identified
`that want
`in
`pay Cash may
`cash
`to
`at
`request
`pay
`any
`a CashPay
`on
`https://www.paylease.com/cashpay/locations. Any of
`these options may be discontinued by Lessor subject
`for
`to paragraph B.4.
`payments returned by the bank as unpaid or credit card transactions which are
`reversed. Any charges due and/or payable by Tenant
`under this Lease shall be considered "Additional Rent." Rent may not be unilaterally abated.
`later than by the 11:59
`4. Due Date for Rent: Rent shall be due on
`the 1st day of each month without demand. Rent must be paid no
`the 5th day of the month ("Due Date"). Rent paid after the Due Date shall be late and must
`include additional
`rent of 10% of
`p.m. on
`the monthly rental
`for Late Payment") and must be paid by: Certified Check or Money Order. Service
`rate ("Additional Rent
`Charge: $50.00 ("Service Charge") for all dishonored checks OR rejected electronic (ACH) payments.
`5. Notice Not To Renew: A party electing not to renew
`the Lease for term is required to provide the other party a 60 day notice to
`terminate this Lease.
`If the Parties continue on
`a month to month basis, either Party must provide the other with a 30 Day Notice.
`6. Security Deposit: Tenant shall have the option, if permitted by Landlord, to pay Excalibur Homes, LLC (Holder) a security deposit of
`$1995.00 or Tenant may elect
`in the Security Deposit
`to participate in a security deposit insurance program as described
`Lease Addendum attached hereto and made a part hereof and provides Lessor with insured coverage for
`the same
`dollar
`the application of all deductibles, costs and fees.
`after
`If the tenant
`elects to pay the security deposit, it will be held in
`amount
`Escrow Account at JP Morgan
`Fee Paid by Tenant: $200.00.
`7. Non-Refundable
`Administrative
`$50.00 per lock/cylinder. A handset and a deadbolt equals 2 locks. If the
`8. Re-Key Fee Paid by Tenant upon Lease Termination:
`Re-Key remains unpaid upon Lease Termination, Lessor shall have the right to deduct
`from the Security Deposit.
`same
`Otherwise, Tenant may pay this fee in consideration
`for and upon execution of, this Lease.
`9. Utilities provided by Lessor include those checked here: None
`10.Lawn & Exterior Maintenance:Tenant
`shall maintain the lawn per Paragraph B.10. with the following exception(s):
`
`11.Use: Only the following people are authorized to occupy the Premises: Miladys Sanchez, Jorge Echevarria, Aaliyah Leal, Carmen
`Nevarez. Unauthorized residents are
`residents shall
`to removal/eviction upon demand. The housing of unauthorized
`subject
`constitute a material breach of the Lease, for which Tenant shall be given an opportunity to cure
`in accordance with Florida law.
`12. Deleted.
`13.Pets: Tenant Shall not be allowed to keep pets on
`and incorporated into this Lease.
`the tenancy to be subject
`14.Smoking: Tenant shall not be allowed to smoke within the Premises. Smoking in the premises shall cause
`to immediate termination, upon notice in writing by Lessor, and shall constitute a material breach for which tenant
`shall not be given
`Page 1 of 25
`
`110860079.2
`
`the premises.
`
`If pets are allowed a separate pet exhibit must be attached hereto
`
`

`

`or
`
`repaired by Lessor:Dishwasher,Microwave (Built
`
`an opportunity to cure.
`15.Pest Control: Pest Control, as defined in the Lease, shall be the responsibility of and paid for by Tenant
`limited to, nightly rental services such as AIRBNB.com
`16.No Subletting. There shall be no subletting of any kind including, but not
`VRBO.com, or home exchange services such as HomeExchange.com. All occupants of the Premises must be identified in this Lease.
`Unauthorized subletting, assignments of lease, and short term rentals shall constitute a material breach of this Lease for which Tenant
`shall not be given an opportunity to cure.
`17.The Appliances listed are provided by Lessor and will be maintained
`ln),Range - Free Standing,Refrigerator
`18.Lead Based Paint: Premises Was built prior to 1978. Tenant has
`Home pamphlet.
`19. Deleted.
`20. Deleted.
`21. Deleted.
`termination of the Lease shall be the maximum amount allowable
`beyond the term or
`22.Holding Over: The daily rate for holding over
`under Florida law, which is equal to twice the monthly rent, apportioned on
`a per-day basis. ("Holding Over Rate").
`for Change of Tenant(s): $50.00 payable to Lessor
`23.No Subletting/Fee to Prepare Lease Amendment
`This Lease for a
`24.Renewal Term:
`be renewed or extended only by a new
`lease signed by both Landlord and Tenant.
`term can
`Otherwise, after the expiration of the Lease Term, with Landlord's consent, this Lease will automatically renew
`a month-to-month
`on
`basis, with all other terms and conditions of the Lease remaining in full effect, but then may be terminated at any time by Landlord or
`termination
`of the Lease prior to the end of any month. Each
`Tenant by giving a minimum of thirty (30) days written notice of
`include an additional
`monthly rent payment due during any month-to-month
`rent payment of $500.00. If Tenant continues
`term shall
`to occupy the Premises after the initial Lease Term, or
`a month-to-month
`rental
`term expires without
`the continued consent of
`Landlord, or after the serving of a thirty (30) day notice of termination by Landlord, then Tenant shall be liable for double rent as a
`holdover
`tenant. For any renewal granted, at Landlord's discretion, the rent may be increased with a thirty (30) days written notice.
`25. Leasing Broker
`is Excalibur Homes, LLC and is:
`Listing Broker
`is N/A and is:
`
`received a copy of the Protect Your Family From Lead in Your
`
`Representing Landlord as client.
`
`26. Material Relationship Disclosure: Broker and/or their affiliated licensees disclose the following material relationships: None.
`
`the person authorized to act
`and address of the Owner of record of the Premises or
`27. Authorized Agent Disclosure:
`The name
`and on behalf of the Owner for the purpose of serving of process and receiving demands and notices is as follows:
`Lessor, as named above, in care of Excalibur Homes, LLC, 2855 Marconi Dr, Suite 310, Alpharetta, GA 30005.
`and address of the person authorized to manage the Premises and Property is as follows:
`Manager: The name
`Brokerage Firm: Excalibur Homes, LLC, 2855 Marconi Dr, Suite 310, Alpharetta, GA 30005 (hereinafter "Manager").
`
`for
`
`110860079.2
`
`Page 2 of 25
`
`

`

`B.CORRESPONDING PARAGRAPHS
`
`1. Agreement to Lease. The Parties agree to enter into this Lease for the Premises which may be further described in Exhibit "A".The
`the common
`Premises may be part of a larger property ("Property"). If so, Tenant shall have the right to use
`of the Property
`areas
`the common
`regulations and covenants applicable thereto; and (2)
`being reduced, modified, altered or
`subject to:
`(1) all rules,
`areas
`being made subject to further use
`restrictions by Lessor or any community association responsible for the same.
`
`If Lessor is unable to deliver possession of Premises on
`the Start Date, rent shall not begin until possession is
`2. Term and Possession.
`terminate this
`If possession is not granted by the end of the Approved Delay Period, Tenant may, by giving notice to Lessor,
`granted.
`Lease in which event Lessor shall promptly refund all rent and deposits to Tenant
`(see A.2.). Neither Lessor nor Broker shall be liable for
`any delay in the delivery of possession of Premises to Tenant. This Lease will automatically renew month-to-month
`unless either party
`least 60 days written notice of termination or
`fails to provide
`intent
`to move-out
`required by this Lease. In the event Tenant
`gives at
`as
`Lessor with the required number of days written notice of termination and intent to vacate as required by this paragraph and elsewhere
`in this Lease, Tenant acknowledges and agrees that Tenant shall be liable to Lessor for liquidated damages in the sum
`to one
`equal
`is exclusive to insufficient notice under this paragraph and does not
`month's rent. This liquidated damages amount
`limit collection
`rights with regard to other amounts
`potentially owed to Lessor.
`In the event this Lease renews
`a month to month basis, you must
`on
`of
`pay the amount
`rent Lessor charges at the time the month-to-month
`inclusive of
`pursuant to this paragraph,
`tenancy commences
`any applicable fees or premiums. Lessor may change Tenant's rent at any time during a month to month tenancy by giving tenant
`no
`less than 30 days written notice. Month to Month tenancies are
`terminable at will by either Lessor or Tenant pursuant to Fla. Stat. §
`83.57, or as otherwise required by local law.
`
`or before the Due Date during the Lease Term (see A.3.) to the Rent
`in advance to Lessor monthly, and on
`3. Rent. Tenant shall pay rent
`in such other manner
`Payment Address (or at such other address or
`as may be designated from time to time by Lessor to Tenant
`in
`the Ending Date is on
`writing). If the Start Date or
`the second day through the last day of any month, the rent charge shall be prorated
`for that month. Tenant
`full month's rent upon taking possession of the Premises. Tenant
`is required to pay an amount
`to one
`equal
`will pay the prorated rent charge on
`the first day of the next calendar month following the Lease Start Date. Mailing the rent payment
`shall not constitute payment. Tenant acknowledges that all
`funds received by Lessor will be applied to the oldest outstanding balance
`to Lessor. Cash is unacceptable without Lessor's prior written permission. Tenant shall not withhold or offset
`owed by Tenant
`rent
`without
`first providing Lessor with notice and a reasonable opportunity to cure
`as provided for under Chapter 83, Florida Statutes.
`its option, require at any time that Tenant pay all rent and other sums
`in certified or cashier's check, money order, or one
`Lessor may, at
`monthly check rather than multiple checks. Rent is not considered accepted, if the payment is rejected, does not clear, or
`is stopped for
`is not
`rent
`established and
`Lessor may, but
`through direct debit, ACH or other electronic means
`required to, accept
`any reason.
`If Tenant does not pay rent
`on or before the 1st day of the month, Tenant shall pay a late charge.Lessor and Tenant
`approved by Lessor.
`agree that the late fee is intended to be liquidated damages since the added costs of
`late payment and damages in such instances are
`difficult
`to determine. All property in the apartment or
`associated with the apartment is (unless except under Florida
`common
`areas
`law) subject to a contractual
`payment of delinquent rent. The lien will attach to Tenant's property or Tenant's property
`lien to secure
`to the lien at
`will be subject
`the time Tenant surrenders possession or abandons the Premises.
`If during the term of
`this Lease any
`tax which is related to
`imposes upon Lessor any fine, code violation, charge, or
`locality, city, state, county, or Federal Government
`Tenants use and occupancy of the Premises such that Lessor is charged a fee, fine, charge or
`tax, then Lessor may add this charge as
`Additional Rent, during the term of the Lease Contract, with thirty (30) days advance written notice to Tenant. After this written notice,
`Tenant agrees to pay the amount
`of the charge as additional
`or approximate amount
`rent.
`
`4. Due Date, Late Payment; Service Charge for Returned Checks. Rent not paid in full by the Due Date shall be late (see A.4.). Lessor
`the
`If late payment is made and Lessor accepts the same,
`may, but shall have no obligation to, accept any rent paid after the Due Date.
`include Additional Rent
`in the form of cash, cashier's check, certified check or wire transfer of
`for Late Payment
`payment must
`the Service Charge for any returned check. Lessor reserves
`the right, upon notice to
`immediately available funds, and if applicable,
`Tenant, to refuse to accept personal checks or Electronic Funds Transfers (EFT) from Tenant after one
`of Tenant's personal
`or more
`checks or EFT payments have been returned by the bank unpaid.
`
`5. Notices. Either Party must provide the other Party the number of days notice described in paragraph A.5. of their
`this Lease.
`A. All Notices Must Be In Writing. All notices, including but not limited to offers, counteroffers, acceptances, amendments, demands,
`notices of termination or vacating and other notices, required or permitted hereunder shall be in writing and signed by the party
`giving the notice.
`
`to terminate
`
`intent
`
`110860079.2
`
`Page 3 of 25
`
`

`

`of Delivery of Notice. Subject
`to the provisions herein, all notices shall be delivered either:
`B. Method
`in person;
`(2) by an
`(1)
`overnight delivery service, prepaid; (3) by facsimile transmission (FAX); (4) by registered or certified U. S. mail, pre-paid return
`receipt
`the Premises.
`requested; (5) posted at a conspicuous place on
`C. When Notice Is Deemed Received. Except as may be provided herein, a notice shall not be deemed to be given, delivered or
`received by Lessor until
`it is actually received by Lessor. Notwithstanding the above, a notice sent by FAX shall be deemed to be
`received by the party to whom it was
`sent as of the date and time it is transmitted provided that the sending FAX produces a written
`confirmation showing the correct date and the time of the transmission and the telephone number
`referenced herein to which the
`notice should have been sent.
`electronic facsimile signature shall be deemed to be an original signature for
`D. Certain Types of Signatures Are Originals. A secure
`if the e-mail
`from
`all purposes herein. An e-mail notice shall be deemed to have been signed by the party giving the same
`is sent
`term is defined under Fla. Stat. § 668.50(2)(h).
`the e-mail address of that party and is signed with a "Electronic Signature" as that
`Secure digital signatures, from services such as DocuSign, will also be treated as original signatures.
`later than
`E. Saint Petersburg: Either party may terminate a month-to-month
`tenancy by giving the other party written notice no
`21daysprior to the end of the monthly rental period. If you fail to provide us at
`least 21 days' written notice to terminate a
`month-to-month
`tenancy prior to the end of the monthly rental period, you shall be liable to us for an additional
`1 month's rent.
`Miami-Dade County, Broward County, City of Lake Worth Beach, City of West Palm Beach, Village of Royal Palm Beach,
`Naples: Either party may terminate the month-to-month
`tenancy by giving the other party not less than 60 days' written notice
`prior to the end of any monthly period. We may change your rent at any time there after during a month-to-month
`tenancy by
`less than 60 day's written notice. You will be required to abide by all notice requirements set forth in the lease and
`giving you no
`remain liable to pay all other applicable charges due under the lease during your month-to-month
`tenancy unless specifically
`due under this paragraph shall be additional
`rent. This paragraph is only applicable if the dwelling unit
`changed in writing. All sums
`is located in the following localities: Miami-Dade County, Broward County, the City of Lake Worth Beach, the City of West Palm
`Beach, the Village of Royal Palm Beach, and Naples.
`least 30 days' written notice
`tenancy by giving the other party at
`City of Tampa: Either party may terminate the month-to-month
`prior to the end of any monthly period. You will be required to abide by all notice requirements set forth in the lease and remain
`liable to pay all other applicable charges due under the lease during your month-to-month
`tenancy unless specifically changed in
`due under this paragraph shall be additional
`rent. This paragraph is only applicable if the dwelling unit is located
`writing. All sums
`in the City of Tampa.
`
`4 C )6°
`6. Security Deposit.
`A. Move-In:
`Lessor shall provide Tenant with a comprehensive list of any existing damages to Premises. Prior to taking occupancy,
`Tenant will be given the right to inspect Premises to ascertain the accuracy of the form. Both Lessor and Tenant shall sign the form
`and Tenant shall be entitled to retain a copy of the form. Tenant acknowledges that Tenant has carefully inspected the Premises, is
`familiar with the same
`and that the Premises are
`in a good and habitable condition.
`B. Deposit of Same:
`Lessor will deposit the security deposit in anon-interest
`The Security Deposit shall not
`be
`bearing account.
`commingled with any other
`funds belonging to the Lessor.
`Lessor shall have the right upon fourteen (14) days prior notice to
`to change the Holder of the Security Deposit and / or
`Holder and Tenant
`the bank account
`into which the Security Deposit
`is
`deposited; provided that
`the new Holder designated by Lessor is a licensed Florida Real Estate broker and the bank account
`into
`which the Security Deposit is deposited into is an Escrow/Trust Account.
`(see A.6.)
`by the bank upon
`In the event any Security Deposit check is dishonored, for any reason,
`C. Security Deposit Check Not Honored:
`which it is drawn, Holder shall promptly notify all parties to this Agreement of the same.
`Tenant shall have three (3) banking days
`after notice to deliver good funds to Holder.
`In the event Tenant does not timely deliver good funds, Lessor shall have the right to
`terminate this Lease upon notice to Tenant.
`is entitled shall be returned to Tenant by Holder
`D. Return of Security Deposit: The balance of the Security Deposit to which Tenant
`of
`the surrender of Premises by Tenant, whichever
`within thirty (30) days after the termination
`this Agreement or
`last
`occurs
`(hereinafter "Due Date"); provided that Tenant meets all of the following requirements: (1) the full term of the Lease has expired; (2)
`the Premises is clean and free of dirt,
`Tenant has given the required written notice to vacate;
`trash and debris;
`rent,
`(4) all
`(3)
`additional
`there is no damage to the Premises or
`the Property except
`for normal
`fees and charges have been paid in full;
`rent,
`(5)
`of the Lease in the Move-In Move-Out
`and tear or damage noted at the commencement
`Inspection Form signed by Lessor
`wear
`(6) all keys to the Premises and to recreational or other facilities, access
`cards, gate openers and garage openers
`and Tenant; and
`have been returned to Lessor or Manager.
`the cost of repairing any
`from the Security Deposit: (1)
`E. Deductions
`from Security Deposit: Holder shall have the right to deduct
`damage to Premises or Property caused by Tenant, Tenant's household, or
`their invitees, licensees and guests; (2) unpaid rent, utility
`Page 4 of 25
`
`110860079.2
`
`

`

`and dispose of any personal property; (5)
`charges or pet fees; (3) cleaning costs if Premises is left unclean; (4) the cost
`late
`to remove
`fees and any other unpaid fees, costs and charges referenced herein; (6) a fee to re key the locks either upon the termination of the
`returned by Tenant at move
`to replace any mailbox keys or
`out; and (7) any other costs and expenses
`cards not
`Lease or
`access
`resulting from Tenant's violation of this Lease.
`the security
`intend to impose a claim on
`the Lessor does not
`the lease,
`Upon the vacating of the premises for termination of
`if
`the Lessor shall
`if otherwise required, or
`the Lessor shall have 15 days to return
`the security deposit together with interest
`deposit,
`have 30 days to give the tenant written notice by certified mail
`to the tenant's last known mailing address of his or her intention to
`the deposit and the reason
`for imposing the claim. The notice shall contain a statement
`in substantially the
`impose a claim on
`following form:
`
`to.It
`
`upon your security deposit, due
`"This is a notice of my intention to impose a claim for damages in the amount of $
`required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this
`is sent to you as
`deduction from your security deposit within 15 days from the time you receive this notice or
`I will be authorized to deduct my claim from
`to 7800 Southland, Suite 102, Orlando, FL 32809."
`your security deposit. Your objection must be sent
`
`G.
`
`YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LESSOR MAY TRANSFER ADVANCE RENTS TO THE
`LESSOR'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LESSOR
`YOUR NEW ADDRESS SO THAT THE LESSOR CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LESSOR MUST
`MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LESSOR'S INTENT TO IMPOSE A CLAIM AGAINST
`THE DEPOSIT. IF YOU DO NOT REPLY TO THE LESSOR STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS
`AFTER RECEIPT OF THE LESSOR'S NOTICE, THE LESSOR WILL COLLECT THE CLAIM AND MUST MAIL YOU THE
`REMAINING DEPOSIT, IF ANY.
`
`IF THE LESSOR FAILS TO TIMELY MAIL YOU NOTICE, THE LESSOR MUST RETURN THE DEPOSIT BUT MAY LATER FILE A
`LAWSUIT AGAINST YOU FOR DAMAGES.
`IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LESSOR 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 83, FLORIDA STATUTES, TO DETERMINE YOUR
`LEGAL RIGHTS AND OBLIGATIONS.
`
`Fee. Upon completion of the Move In Inspection and payment of funds required to move
`7. Administrative
`the non-refundable Administrative Fee of $200.00 (see A.7.).
`
`in, Tenant shall pay Manager
`
`key to the Premises including one of the following,
`8. Keys, Locks, and Re-Key Fee. Landlord shall furnish Tenant at
`if
`least one
`applicable: garage door opener, gate opener, and recreational access
`key/card. At end of the Lease Term, all
`items specified in this
`section and provided to Tenant as documented on
`the Move In inspection report shall be returned to Landlord. If keys for the Property
`are not returned on
`or before the day the move
`out inspection is performed, Tenant agrees to pay the fee to rekey the locks which
`the Property per the fee described in Section A.
`If not also returned, Tenant will owe
`the actual cost to replace any mailbox key,
`secure
`pool key/fob, gate key/fob or any other devices issued by the neighborhood association related to the Property.
`
`utilities the responsibility of which to pay for shall be that of the Tenant. Tenant
`9. Utilities.
`Lessor shall have no
`responsibility to connect
`of the Lease and
`shall select and connect
`all utilities to be paid for by Tenant within three (3) banking days from the commencement
`shall keep these utilities on
`Inspection. Should Tenant disconnect
`the utilities prior to the
`through the completion of the Move-Out
`Move-Out
`Inspection, thereby interfering with Lessor's ability to perform a complete inspection, Tenant agrees to pay to Lessor the
`Utility Connection Fee as liquidated damages (see A. 19.E.). In the event Lessor fails to disconnect any utilities serving the Premises after
`receives the benefit of such utilities paid for by Lessor, Tenant shall, upon receiving a bill
`in inspection and Tenant
`completing the move
`for the same,
`immediately pay the cost
`thereof as additional
`In addition, Tenant shall immediately cause
`any such utility
`to Lessor.
`rent
`to be transferred to Tenant's name
`so that the bill goes to and is paid directly by Tenant.
`
`10.Lawn and Exterior Maintenance. The party maintaining the lawn (see A.10.) shall keep the lawn watered, mowed and edged, beds and
`lawn free of weeds, mulch and pine straw laid and refreshed, shrubs trimmed, trash and grass clippings picked up on
`a regular basis
`and fall
`(minimum of once
`leaf season) and shall keep the Premises,
`every two weeks in growing season
`including the yard,
`lot,
`Page 5 of 25
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`110860079.2
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`trash and debris. Lessor shall be responsible for any other maintenance of
`grounds, walkways and driveway clean and free of rubbish,
`the Premises as required by 0.C.G.A. 44-7-13.
`If Lessor sends Tenant a notice regarding lawn care
`in writing, and Tenant
`fails to correct
`the issues sited by Lessor within 5 days of notification, Lessor may send a contractor
`to perform the work required and Tenant agrees to
`pay the resulting invoice from the contractor
`within eight (8) days of receipt of the invoice.
`
`11.Use. Premises shall be used for residential purposes only and shall be solely occupied by those persons listed in this Agreement (see
`of Tenant
`all occupants, guests, licensees and contractors
`A.10.). Premises and Property shall be used by Tenant and Tenant shall cause
`the Premises and Property in accordance with this Lease all
`laws and ordinances. Tenant
`federal, state, county, and municipal
`to use
`agrees any violation or noncompliance of
`the above resulting in fines being imposed against Lessor or Broker shall be the financial
`responsibility of and immediately paid by the Tenant
`to Lessor as Additional Rent. Tenant shall be responsible for ensuring that Tenant
`and members of Tenant's household and their
`and guests comply with the Rules and
`respective invitees,
`licensees, contractors
`Regulations marked below and not engage in any activity while on Property or
`in Premises that
`is unlawful, would endanger the health
`In the event Tenant
`and safety of others or would otherwise create a nuisance.
`or any of
`the above-named parties are arrested or
`indicted for an unlawful activity occurring on Property and said charges are not dismissed within thirty (30) days thereafter, Tenant shall
`be deemed to be in default of this Lease and Lessor may, but shall not be obligated to, terminate this Lease upon notice to Tenant. For
`federal
`law, regardless of
`the purpose of this Lease, an unlawful activity shall be deemed to be any activity in violation of local, state or
`whether such activity results in later prosecution or conviction.
`
`12. Deleted.
`
`is attached to and
`the Property unless a separate pet exhibit
`in the Premises or
`13. Pets. No pets are allowed or shall be kept
`on
`incorporated into this Lease (see A.13.). Harboring an unauthorized or undisclosed pet or animal shall constitute a material breach of
`in accordance with this Lease
`this Lease, subjecting the Tenant
`to eviction upon Lessor's furnishing of a notice and opportunity to cure
`or Chapter 83, Florida Statutes.
`
`and smoking shall not be permitted therein unless specifically authorized in a special
`14. Smoking. Premises shall be a smoke free zone
`the tenancy to be subject to immediate termination, upon notice in writing by
`stipulation below. Smoking in the premises shall cause
`Lessor, and shall constitute a material breach for which tenant
`shall not be given an opportunity to cure.
`
`Tenant will be responsible for termite and rodent control, unless proven to be pre-existing. The party responsible for
`15. Pest Control.
`pest control
`(see A.15) all be responsible for addressing any problems with ants, cockroaches, spiders and other insects). Tenant shall be
`responsible for the immediate treatment
`of any bed bugs in the Premises by a licensed Florida pest control operator and the immediate
`removal of any mattresses, bedding, clothing and other similar items that may contain bed bugs or bed bug larvae.
`
`of Lessor
`the prior written consent
`in part or assign this Lease without
`16. No Subletting. Tenant may not sublet Premises in whole or
`This Lease shall create the relationship of Lessor and Tenant between
`for no
`which consent may be withheld for any reason
`or
`reason.
`is specifically prohibited from offering all or part of the Premises for short-term rental such as
`the parties hereto. Tenant
`through
`AirBnB, VRBO, or other such sites or programs, regardless of any local
`laws that may be or have been enacted. on-line postings as well
`as actual rentals of the Premises to vacation or short-term guests shall constitute a material breach of this Agreement. Any person who
`for any compensation
`is not a Tenant, as defined herein, who occupies any portion of the Premises, for any period of time whatsoever,
`limitation, the payment of money and/or trade and/or barter of other goods, services,
`or consideration whatsoever
`(including, without
`or property occupancy rights) is NOT a guest, and such occupancy constitutes unauthorized subletting or assignment which is a
`to immediate eviction and termination of Lease without providing
`substantial and material breach of this Agreement, subjecting Tenant
`Tenant with an opportunity to cure.
`
`repaired by Lessor. Tenant acknowledges that Tenant
`17. Appliances. Only the appliances listed in A. 17. (above) will be maintained or
`If any of
`these appliances are damaged,
`the same
`has inspected these appliances and that
`in good working order and repair.
`are
`removed by the actions of Tenant,
`including misuse or negligence, Tenant will be responsible for all costs of repair or
`destroyed, or
`replacement. Any appliances left at
`for the convenience of
`listed in A. 17. are being left
`the Property not
`the tenant but
`these
`appliances will not be repaired or maintained by Lessor.
`
`18. Lead-Based Paint. For any Premises built prior to 1978, Tenant acknowledges tha