`
`IN THE COUNTY COURT, ORANGE COUNTY, FLORIDA
`CIVIL DIVISION
`
`IH6 PROPERTY FLORIDA LP
`Plaintiff,
`
`-vs-
`THERESA BUNCH AND VICTORIA NERO
`/
`Defendant(s).
`
`COMPLAINT
`
`CASE NO.:
`DIVISION:
`
`FOR EVICTION
`
`Plaintiff, 1H6 Property Florida LP, by and through the undersigned counsel, sues Defendant(s),
`Theresa Bunch and Victoria Nero, 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:
`2206 Fairmont Circle, Orlando, FL 32837
`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 $3,480.32.
`5. The Plaintiff served Defendant(s) the Statutory Notice (Exhibit B) on March 7, 2024 to pay rents due
`at that time or
`to vacate the premises, but the Defendant(s) refused to do either.
`(Note
`Affidavit/Verification of Service where applicable, if Statutory Notice served by process server.)
`WHEREFORE, Plaintiff demands judgment for possession of the property against the Defendant(s),
`release of any funds deposited into the Registry of the Court, costs and attorney fees, and such other relief
`as is appropriate.
`DATED: March 26, 2024
`
`(Note
`
`/s/ Whitney H. Daly
`Whitney H. Daly
`Attorney for Plaintiff/FBN 0117667
`The MGFD Law Firm PA
`2753 SR 580, Ste 209/Clearwater, FL 33761
`727-726-1900/Fax 727-726-7440
`Email: eservice@mgfdlaw.com
`
`99631
`
`
`
`DocuSign Envelope ID:
`
`1 ED3FF6F-932D-481C-9BFF-830E61617C8E
`
`ExifiBir
`
`1111
`invitation
`
`RENEWAL RENTAL AGREEMENT
`
`This Renewal Residential Rental Agreement (called the "Lease")
`("Effective Date) by and between 1116 Property Florida, LP
`Resident's Name:
`Primary Phone #:
`
`Theresa r ileckuraist>)
`rice»
`
`Resident's Name:
`Primary Phone #:
`
`is entered into 0n5/21/2023
`("Landlord"); and
`
`Resident's Name: Nalicrigaairirdvi
`Inica>>
`Primary Phone #:
`Resident's Name:
`Primary Phone #:
`Resident's Name:
`«LcezseeNarace2>
`Primary Phone #:
`<<occpha=2›),
`(collectively, "Residenr whether one
`or more).
`
`«Leaseeffarro,2>
`occpho:...c.2>>
`
`Lease Term:
`
`07/o1/202-amrADat to 443.0211:64$
`to <-'
`•L
`Residence Address: 2206 Fairmont Cir, Orlando, FL 32837
`
`'
`
`Resident's Name:
`Primary Phone #:
`Resident's Name:
`Primary Phone #:
`Resident's Name:
`Primary Phone #:
`
`Amount:
`
`29ao.00
`ji\\Aormy Sprzcid."-->
`„_.k,lat_Morw,p>
`
`$
`
`<41,casczNartta.
`«zccphame.3
`
`-LcasczNalr,o4
`<<occphonc12>>
`
`11.,.cascg_1,Karro,5>
`<<occphoz.le.S>>
`
`«11-cezseeNarraceS»
`<<occphoneS>>
`
`MONTHLY RENTAL CHARGES
`
`l
`
`DEPOSITS (Previously Paid)
`
`Base Rent
`
`Pet Rent
`
`Pool Service
`
`Landscaping Service
`
`Smart Home
`
`Amenity / Appliance Fee
`
`Other
`
`12900.00
`
`Refundable Security Deposit
`
`2,800.00
`
`TOTAL DEPOSITS PAID
`
`2,800.00
`
`.00
`
`10.00
`
`10.00
`
`34-95
`
`l
`
`0.00
`
`l 9'95
`
`TOTAL MONTHLY RENT
`
`I 2,944.90
`
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`from Landlord and Landlord agrees to rent
`RENTAL PROPERTY. Resident agrees to rent
`1.
`to
`Resident the real property and any other improvements at the address specified on Page 1 of this Lease
`(collectively, the "Residence or "Premises").
`
`OCCUPANTS. In addition to Resident, the following individuals will also reside at the Residence
`2.
`("Occupants"): Tyler Legrande
`
`the
`reside at
`that all persons who will
`Resident represents, warrants, and covenants
`2.1.
`Residence as Occupants are listed above. All Occupants eighteen (18) and older are subject to the same
`criminal background approval required of Residents. No one else may occupy the Residence. Persons
`listed above must
`than seven
`(7) consecutive days without
`not stay in the Residence for more
`not
`than thirty (30) days in a calendar year. Any new resident
`Landlord's prior written consent, and no more
`or occupant will require the prior written acceptance and approval of Landlord.
`If an occupancy change
`is accepted and approved by Landlord during the Lease Term, a new
`an amendment
`to this
`lease or
`Lease shall be executed to memorialize such occupancy change as required by Landlord. All references
`in this Lease to "Resident Pardee
`shall
`invitees of
`include Resident, the Occupants, and any guests or
`Resident or
`the Occupants.
`
`LEASE TERM. The term of this Lease (the "Lease Term") shall commence
`3.
`on 07/01/2023 (the
`"Commencement Date") and end on o6/3o/2o24at 5:00 p.m. local time where the Residence is located.
`Resident shall vacate the Residence immediately upon termination of the Lease unless: (a) Landlord and
`(b) a month-to-month
`Resident have extended this Lease in writing or signed a new rental agreement, or
`tenancy is created pursuant to the following paragraph.
`
`MONTH-TO-MONTH TENANCY. The Lease Term shall become month-to-month
`3.1.
`if, upon
`expiration of the initial Lease Term, the Lease Term has not otherwise been terminated, extended, or
`renewed. Landlord may increase the monthly Rent by giving Resident written notice of such increase at
`of the rental period for which the adjustment will
`least thirty (30) days prior to the commencement
`apply. Resident may remain in possession of the Residence and the tenancy will then be on a month-to-
`and conditions of this
`month basis at the increased monthly Rent rate and subject to all of the terms
`Lease until either party terminates the tenancy in accordance with this Lease and Applicable Law. The
`all
`laws, ordinances, directives, temporary orders, and rules and
`term "Applicable Law" shall mean
`or hereinafter by any governmental authority with jurisdiction over
`regulations enacted now
`the
`Residence.
`
`NOTICE TO VACATE. At the expiration of the Lease Term, either party may terminate
`3.2.
`least sixty (60) days advance written notice (thirty (30) days for a month -to-
`the Lease by providing at
`month tenancy) to the other party. Rent shall be due and payable through the end of the notice period
`the expiration of the Lease Term, whichever
`later. Resident's failure to provide the full sixty
`or
`occurs
`to terminate the Lease (thirty (30) days for a month-to-month lease)
`(60) daysadvance notice of intent
`will result in Resident being charged for the balance of the notice period in an amount
`equal to the daily
`to exceed two months'
`pro rata rent, not
`rent.
`
`3.2.1. MIAMI-DADE AND BROWARD COUNTIES. Notwithstanding anything in the
`foregoing to the contrary, if the Premises is located in Miami-Dade County or Broward County, either
`party may terminate the Lease by providing at least sixty (60) days advance written notice for a month-
`to-month tenancy to the other party. Resident's failure to provide the full sixty (60) days advance notice
`to terminate the Lease, including a month-to-month lease, will result in Resident being charged
`of intent
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`for the balance of the notice period in an amount
`month's rent.
`
`equal
`
`to the daily pro rata rent, not
`
`to exceed two
`
`4.
`
`RENT AND SECURITY DEPOSIT.
`
`forth on Page 1 as Security Deposit ("Security
`SECURITY DEPOSIT. The amount
`4.1.
`set
`lease agreement and that same
`Deposir) was previously paid to Landlord pursuant to Resident's initial
`has been transferred and deposited with Landlord as security for Resident's payment and
`amount
`performance of the obligations under this Lease. Subject to Applicable Law, all or any portion of the
`retained by Landlord as reasonably necessary to: (a) clean, repair, and
`Security Deposit may be used or
`the Residence and any appliances, furniture, fixtures, equipment, and other property supplied
`restore
`by Landlord to its condition on the Commencement Date, excepting normal wear
`and tear; or
`(b) cure
`Residenfs default
`in payment of any Rent, late charges, dishonored check charges, utility charges, or
`other charges which may be owed by Resident pursuant to this Lease. The retention of the Security
`of the
`Deposit shall not
`limit Landlord's right to proceed against Resident for claims above the amount
`Security Deposit. The Security Deposit shall not be used by Resident in lieu of payment of Rent, Late
`owed. No interest shall be paid on the Security Deposit unless required by
`Charges, or other amounts
`Applicable Law. The Security Deposit shall be held in a separate non-interest bearing account
`at Bank
`of America, 18350 NW 2nd Ave, Miami, FL 33169.
`
`the monthly Base Rent and all other monetary obligations of
`"Rene will mean
`RENT.
`4.2.
`Resident to Landlord under the terms of this Lease. The Base Rent shall increase to $ N/A
`beginning
`011 N/A
`
`METHOD OF PAYMENTS. The Security Deposit and all Rent shall be paid to Landlord
`4.3.
`or such other agent of Landlord as Landlord may designate by written notice to Resident. Resident shall
`pay Rent in advance on the 1st day of each month without demand or offset and with no grace period.
`If Landlord agrees
`Rent payments will only be accepted from Resident or as required by Applicable Law.
`is required by Applicable Law to accept payment of Rent from a third party, acceptance of such
`or
`payment shall not create a tenancy between Landlord and the third party. Subject to Applicable Law,
`monthly installments of Rent must be paid in U.S. Currency by electronic payment.
`Electronic Payment: Resident shall use the online resident portal to pay Rent via electronic
`for current
`residents to Pay
`payment at www.invitationhomes.com, following the instructions
`If Resident elects to pay online by credit card instead of ACH transfer, Landlord
`My Rent.
`the right to charge Resident a convenience fee or surcharge in an amount
`designated
`reserves
`to exceed the maximum amount permitted by Applicable Law.
`by Landlord, not
`
`If the total Rent is not received by 5:00 p.m. on the third (3rd) day of
`LATE CHARGES.
`4.4.
`the month, Resident agrees to pay a late charge equal to 10% of the monthly Rent (the "Late Charge").
`late payment of Rent will cause
`Landlord to incur costs and expenses,
`Resident acknowledges that
`including processing, enforcement and accounting expenses, and charges imposed on Landlord, the
`of which are extremely difficult and impractical to determine. Resident agrees that the
`exact amounts
`Late Charge represents a fair and reasonable estimate of the costs Landlord may incur by reason
`of late
`payment. The Late Charge, which shall be considered additional Rent, does not establish a grace period;
`Landlord may serve
`a written notice of non-payment of Rent required by Applicable Law if Rent is not
`paid on its due date.
`If Landlord serves
`a written notice of non-payment of rent, Landlord may require
`that the payment called for by the notice be by money order or certified cashier's check, in person, at the
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`office location designated by Landlord.
`
`In addition to any Late Charges, Resident also agrees to pay
`4.5.
`NON-SUFFICIENT FUNDS.
`is not honored by
`funds fee ("NSF Charge) of $30.00 for each check or payment that
`a non-sufficient
`Resident's bank or
`financial
`to exceed the maximum amount
`institution, but not
`that may be charged
`that any payments of Rent during the Lease Term are returned
`pursuant to Applicable Law.
`In the event
`due to non-sufficient funds, Resident may be "locked out" of the online payment system and prohibited
`from making payment by personal check, and shall be required to make such payments, together with
`due to Landlord
`any and all of Resident's outstanding balance, Late Charge, and any other amounts
`hereunder, by money order or certified cashier's check, in person, at the office address, as designated by
`Landlord in connection with this Lease. Only upon personal receipt by Landlord or Landlord's
`representative of such payment shall Resident be able to make subsequent payments online or by
`personal check, as applicable.
`
`funds during
`Notwithstanding the foregoing, if any payments of Rent are returned due to non-sufficient
`the Lease Term, Resident acknowledges and agrees that Landlord may, in its sole discretion, upon notice
`to Resident require Resident to make all payments required hereunder by money order or certified
`cashier's check in person at the office address, as designated by Landlord.
`Any Late Charge or NSF Charge will be deemed additional Rent and must be paid with the current
`installment of Rent. Landlord's acceptance of any Late Charge or NSF Charge will not constitute a waiver
`as to any default of Resident. Landlord's right to collect a Late Charge or NSF Charge will not be deemed
`an extension of the date Rent is due or prevent Landlord from exercising any other rights and remedies
`under this Lease or Applicable Law.
`
`APPLICATION OF PAYMENTS. Unless otherwise required by Applicable Law, payments
`4.6.
`received will be applied, without
`regard to their characterization or earmarking by Resident, as follows:
`first
`from previous month(s), (ii) then to Late Charges,
`legal and court
`costs,
`(i)
`to any arrears
`administrative fees, mailing costs, or any other miscellaneous charges owed, and (iii) the remainder will
`then be applied to the Rent for the current month.
`
`4.7.
`
`STATUTORY DISCLOSURE.
`
`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 30 DAYS AFTER YOU
`MOVE OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT.
`IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM
`WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, THE LANDLORD WILL
`COLLECT THE CLAIM AND 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.
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`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.
`
`DISCLOSURE TO CREDIT BUREAUS. Resident acknowledges that and consents
`4.8
`to
`Landlord or Landlord's agent disclosing information about Resident and Resident's tenancy, including
`limited to the amount
`but not
`and timing of rent payments, good behavior, problematic behavior, and
`record, credit
`any debt outstanding to credit reporting agencies, which may then be used in a tenant
`for the Resident and shared with other landlords and credit grantors.
`report and credit score
`
`the attached Animal Addendum and abide
`ANIMALS. Prior to Move-In, Resident must execute
`5.
`by its terms
`for the duration of the Lease Term. Resident shall not bring or allow any animal onto the
`Residence property, even
`temporarily, at any time without Landlord's prior written approval unless
`otherwise permitted by Applicable Law.
`
`is not considered a service, assist, or companion animal
`If Resident keeps a dog or cat that
`("Pee) at
`the Residence, Resident must pay additional
`fees related to the Pet and, if applicable and in Landlord's
`sole discretion, certain non-compliance fees as further described and in the amounts
`set forth in the
`Animal Addendum and consistent with Appliable Law.
`
`the assistance of a Resident or Resident Parties with a
`Service, assist, or companion animals for
`disability shall be permitted by Landlord upon Resident's advance request, provided that Landlord
`may request documentation or other reasonable evidence verifying disability and a disability-related
`need for the animal, in compliance with Applicable Law.
`
`6.
`
`MOVE-IN/MOVE-OUT.
`
`MOVE-IN. Resident has inspected the Residence, including all appliances, landscaping,
`6.1.
`fixtures, improvements, equipment, hardware, smoke detector(s) and carbon monoxide detector(s), if
`any, located at the Residence. Except as noted on the Move-In/Move-Out Assessment Form that was
`completed during the initial lease, Resident accepts the Residence in the current
`"As-Is" condition and
`that Resident has been given adequate opportunity to fully inspect the Residence and that
`warrants
`Resident accepts the Residence, together with all furnishings, if applicable, as being in good condition.
`in need of remedial action. The
`Only items listed in that form shall be accepted as defective, missing, or
`absence of such notice shall be conclusive proof that there is no defective or hazardous equipment or
`conditions existing as of the start of the tenancy. Resident agrees and understands that a Move-
`a request for repairs. Any required repairs will need to be
`In/Move-Out Assessment Form is not
`submitted through a separate work order.
`
`all personal
`Upon vacating the Residence, Resident shall
`MOVE-OUT.
`6.2.
`remove
`possessions and rubbish, steam clean all floors in the Residence, and leave the Residence in as good or
`better condition as the condition on the Commencement Date, excepting normal wear and tear. Upon
`if Resident chooses to have the carpets cleaned, such cleaning must be performed by a third-
`move-out,
`party professional carpet cleaning service reasonably acceptable to Landlord and receipt for such
`cleaning services must be provided to Landlord. Unless the carpet is cleaned in the manner
`provided
`herein, Landlord reserves
`the right to use a portion of the Security Deposit to professionally re-clean
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`all keys and garage door openers, if applicable, and shall provide
`the carpets. Resident also shall return
`Landlord with a written statement
`of forwarding address. Within the time required by Applicable Law,
`Landlord will provide Resident an
`of any amounts
`itemized written
`deducted and the
`statement
`for the deductions from Resident's Security Deposit, along with a check for any balance of the
`reasons
`and balance of the
`the written
`Security Deposit due to Resident. Landlord may deliver
`statement
`and balance of the Security
`Security Deposit personally to Resident, or by mailing the statement
`if that address is unknown, at Resident's last
`Deposit to Resident at Resident's forwarding address, or
`known address. The retention of the Security Deposit shall not
`limit Landlord's right to proceed against
`Resident for claims above the amount
`of the Security Deposit.
`(i) After giving or
`receiving notice of
`Inspection and Repairs:
`6.3.
`Pre-Move-Out
`of a tenancy, or before the end of the Lease, Resident will
`request and coordinate with
`termination
`Landlord to have an inspection of the Residence take place prior to termination of the Lease; (ii) If
`inspection, Resident will be given an opportunity to remedy identified
`Resident requests such an
`deficiencies prior to termination, consistent with the terms of this Lease; (iii) Any repairs or alterations
`made to the Residence as a result of this inspection (collectively, "Repaire) must be made at Resident's
`expense and only after obtaining the prior written
`approval of Landlord;
`(iv) Repairs may be
`performed by Resident or through others, who have adequate insurance and licenses and are approved
`(v) The work must
`comply with Applicable Law,
`including governmental permit,
`by Landlord;
`inspection, and approval requirements; (vi) Repairs must be performed in a good, skillful manner
`with
`materials of quality and appearance comparable to existing materials; (vii) Landlord may request that
`(a) obtain receipts for Repairs performed by others;
`Resident:
`(b) prepare a written
`statement
`indicating the Repairs performed by Resident and the date of such Repairs; and (c) provide copies of
`receipts and statements
`to Landlord prior to termination.
`
`CONDITION OF RESIDENCE. Landlord makes absolutely no warranties
`7.
`representations
`or
`about
`the condition of
`the Residence, the improvements, utilities, electrical,
`the neighborhood or
`plumbing, or appliances. Landlord shall not be responsible for loss or damage caused by failure of any
`appliance (including loss of or damage to food or other perishables) in the event
`an appliance ceases
`to operate properly. Resident must satisfy himself or herself prior to move-in as to the neighborhood
`including schools, proximity and adequacy of law enforcement, crime statistics,
`area conditions,
`or
`proximity of registered felons and other offenders,
`fire protection, other governmental services,
`availability, adequacy, and cost
`of any wired and/or wireless
`connections, other
`internet
`telecommunications or
`technology services and installations, proximity to commercial,
`other
`or agricultural activities, existing and proposed transportation, construction
`and
`industrial,
`development that may 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.
`or permit the Residence to be used for any purpose other than as
`USE. Resident shall not use
`8.
`the principal and primary residence of Resident and any Occupants. Resident agrees that, subject to
`Applicable Law, the Residence will
`not be used for operation of a business or other commercial
`enterprise without
`Landlord's prior written consent, nor will Resident utilize the Residence for any
`which violates applicable state, federal, or
`law or
`in any manner
`local
`the covenants,
`purpose or
`rules of any applicable homeowner association.
`conditions, or
`
`IT IS IMPORTANT TO FOLLOW THE NOTICE REQUIREMENTS. WHILE WE LIVE IN
`9.
`NOTICES.
`AN AGE WHERE CELL PHONES, TEXTING, AND EMAILS ARE PREVALENT, YOU WILL ALSO NEED TO
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`FOLLOW THE NOTICE REQUIREMENTS. Any notice to Landlord or Landlord's agent shall be in writing
`and delivered personally by hand, or by first class U.S. mail or express or overnight delivery to Landlord
`at the address below, which address is subject to change by written notice. Except as otherwise stated
`in this Lease, notice to Resident shall be delivered to the Residence. Notices to either Resident or
`Landlord or Landlord's authorized agent under
`this Lease shall be deemed provided, received, or
`delivered to the address specified herein (a) if sent by overnight mail, courier, or other personal delivery
`(b) if deposited in the U.S. Mail, three (3) days (or such other
`to such address, on the da.te of delivery, or
`period 44148.16#1-6914411,e4ws) after the deposit of the notice in the U.S. Mail.
`598 S. Northlake Blvd., Suite moo Altamonte
`598 S. Northlake Blvd., Suite moo Altamonte
`PEDOWNlignner:
`32701
`THR Property Management LP ;aglow§ Clonal
`
`01,771ae Address]
`fPilme Monzithari
`
`rowilve
`
`UTILITIES. Resident is responsible for payment of all utility charges incurred during the Lease
`10.
`Term unless prohibited by Applicable Law. Subject to Applicable Law, Resident shall place all utilities,
`in Residenfs
`as of
`the
`those specified in the attached Utilities Addendum,
`including all
`name
`Commencement Date, and shall pay all charges and related costs directly to the provider until Resident
`terminates such services. Resident is required to show proof of utility commencement
`prior to move-
`in. Resident's failure to provide such evidence shall be a default under this Lease, entitling Landlord to
`enforce all available remedies. Utilities that require proof are electricity, gas, water, sewer, and garbage
`that Applicable Law requires Landlord to pay for any utility directly, Resident
`In the event
`services.
`acknowledges and agrees that Resident shall be obligated to reimburse Landlord for any such amounts
`shall be payable either
`paid by Landlord to utility providers, which reimbursement
`(a) electronically as
`part of Resident's Rent payment, or
`(b) by cashier's check or money order, the method being determined
`by Landlord in Landlord's sole and absolute discretion in accordance with Applicable Law.
`If for any
`reason Resident fails to transfer
`or maintain all utilities and services in Resident's own
`name, Resident
`agrees to reimburse Landlord the full cost of Residenfs utility usage and agrees to pay to Landlord an
`of $9.95 (Utility Admin Fee")
`administrative
`fee in the amount
`received by
`for each utility bill
`Landlord. Resident shall not allow electricity or other utilities to be disconnected or discontinued for
`(including nonpayment of bill) until the end of the Lease Term or renewal
`or by any means
`any reason
`If at any time any utility shall be turned off or discontinued due to nonpayment by Resident,
`period.
`Resident shall be in default under this Lease, and Landlord may, terminate Resident's occupancy of the
`eviction and collection proceedings, subject to Applicable Law.
`Residence immediately and commence
`
`are not separately metered or submetered, Resident shall pay Resident's proportional
`If any utilities
`share, as reasonably determined and directed by Landlord in accordance with Applicable Laws. Resident
`shall obtain Landlord's prior written approval, which approval may be withheld in Landlord's sole and
`absolute discretion, prior to adding any telephone, cable, or data lines to the Residence. Resident shall
`cooperate with any conservation and recycling program adopted and implemented by Landlord, if any.
`that any utilities servicing the Residence will not be interrupted
`Landlord does not represent or warrant
`fire or other casualty, acts of God, any labor
`because of repairs or alterations to the Residence,
`controversy, or other events beyond the control of Landlord. Any such interruption shall never
`be
`deemed to be an eviction of Resident or a disturbance of Resident's use or occupancy of the Residence
`or render Landlord liable to Resident for damages. Notwithstanding anything contained in this Lease to
`the contrary, Landlord does not
`the availability of telephone service, internet
`represent or warrant
`service, satellite or cable television service, or any other service to the Residence, and no such services
`are guaranteed to be available to the Residence.
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`its option and in its sole
`Notwithstanding anything to the contrary in this Section, Landlord may, at
`discretion, elect to contract directly with the utility service providers providing utilities or services to
`the Residence, including, without limitation, water, garbage and refuse removal, sewer, natural gas, and
`In the event Landlord elects to contract
`for utilities directly with the utility or service
`electricity.
`providers, then Resident must
`reimburse Landlord for all charges incurred by Landlord along with the
`Utility Admin Fee and any set-up charges (all such charges being referred to in this Lease as the "Utility
`invoice
`Charges") within
`fifteen (15) days of Landlord's request
`therefore accompanied by an
`documenting such Utility Charges owed by Resident. The Utility Charges will be deemed additional
`failure to place
`"Rene under this Lease so that Resident's failure to pay the Utility Charges when due or
`if applicable, will constitute a
`and continuously maintain utilities
`and services in Resident's name,
`default under this Lease.
`
`COMPLIANCE WITH RULES AND REGULATIONS. Landlord will have the right to establish and,
`11.
`from time to time, change, alter, and amend, and to enforce against Resident reasonable rules and
`the proper and efficient operation,
`regulations as may be deemed necessary or advisable for
`maintenance, and repair of the Residence. Resident will observe and comply with all reasonable and
`nondiscriminatory rules and regulations governing the Residence that are posted on
`the Residence,
`attached hereto and incorporated herein by this reference, or as may from time to time be delivered to
`Resident (the "Rules and Regulations"). Resident and any Resident Parties will observe and comply with
`the Rules and Regulations and with such amendments and additional Rules and Regulations as Landlord
`may adopt, effective ten (10) days after Landlord gives Resident written notice thereof, or as may be
`required by Applicable Law. A violation of the Rules and Regulations after such notice shall be a default
`under this Lease.
`
`(a) engage in criminal
`PROHIBITED ACTIVITY. Resident or any Resident Party, shall not
`12.
`the Residence, including drug-related criminal activity (which includes the illegal
`activity on or near
`manufacture, cultivation, sale, distribution, possession with intent
`use of a
`to manufacture, or
`intended to facilitate criminal activity, including drug-
`controlled substance); (b) engage in any act
`related criminal activity, on
`the Residence; (c) permit the Residence to be used for or
`to
`or
`near
`facilitate criminal activity,
`including drug-related criminal activity,
`regardless of whether the
`individual engaging in such activity is a member of the household or a guest; (d) engage in growing,
`producing, manufacturing, selling, using, storing, keeping, distributing, or giving marijuana or any
`controlled substance (legal or
`from the Residence or otherwise; (e) engage in any illegal
`illegal) at or
`activity, including prostitution, criminal street
`gang activity, threatening or
`intimidating assault,
`including the unlawful use or possession of firearms, on or near
`the Residence, or
`the health, safety
`its agents, other Residents, neighbors, or
`and/or welfare of Landlord,
`in any manner
`which will
`constitute waste or nuisance upon or about
`the Residence; or
`interfere with Landlord's
`(f) disrupt or
`business operations, or communicate with Landlord, Landlord's agents, or
`their employees in an
`Resident agrees and authorizes Landlord to use
`unreasonable, discourteous, rude, or hostile manner.
`record or police-generated reports referring to Resident as
`reliable direct evidence of
`any arrest
`Residenf s conduct or violation of this section.
`
`OF ANY OF THE PROVISIONS OF THIS SECTION, OR OF ANY FEDERAL OR
`VIOLATION
`APPLICABLE LAWS, SHALL BE A SERIOUS, MATERIAL, AND IRREPARABLE VIOLATION OF THIS
`LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF THE TENANCY.
`
`13.
`
`MAINTENANCE.
`
`13.1.
`
`LANDLORD'S MAINTENANCE OBLIGATIONS. Maintenance and repairs of items that
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`significantly impact habitability of the Residence as determined by Landlord in its sole and absolute
`discretion, or by Applicable Law, shall be deemed "Major Repairs." Landlord shall be responsible for
`including repairs to heating or air conditioning systems, roofing, and mechanical,
`Major Repairs,
`electrical, and defective plumbing systems.
`
`to perform maintenance or repairs at the
`Landlord may, at Landlord's sole discretion, hire contractors
`shall be considered an employee of Landlord. Resident shall notify
`Residence; however, no contractor
`Landlord promptly if any contractor
`repairs. Notification
`fails to perform requested maintenance or
`of any further maintenance or repair request does not constitute sufficient notice to
`to a contractor
`Landlord, and Resident agrees to make all maintenance and repair requests directly to Landlord in
`writing.
`
`13.2. RESIDENTS MAINTENANCE OBLIGATIONS. Resident shall, at all times, use, operate,
`and safeguard the Residence, including any and all furnishings, improvements, equipment, hardware,
`appliances, landscaping, fixtures, and all mechanical, electrical, gas, and plumbing