Filing # 195523447 E-Filed 04/04/2024 04:37:39 PM
`
`IN THE COUNTY COURT OF THE NINTH
`JUDICIAL CIRCUIT IN AND FOR
`ORANGE COUNTY, FLORIDA
`
`CASE NO.:
`JUDGE:
`DIVISION:
`
`REC I/CYPRESS RIDGE LIMITED PARTNERSHIP
`PLAINTIFF,
`
`VS
`
`CELINES MEDINA MAYOL
`GIOVANNA MALDONADO
`RAUL MALDONADO
`WILBENLEY CIUS
`DEFENDANT(S).
`
`COMPLAINT FOR TENANT EVICTION
`
`Plaintiff sues defendant(s) and alleges:
`
`COUNT I — EVICTION
`
`from property in ORANGE County, Florida commenced under authority of
`1. This is an action to evict a tenant
`Part II of Chapter 83 (Florida Residential Landlord and Tenant Act) and Chapter 51 (Summary Procedure) of
`Florida Statutes.
`2. Pursuant to the attached lease agreement, defendant(s) has/have possession of the residential property described
`as follows:
`5784 Kingsgate Drive Apt. No: 84A Orlando, FL 32839
`3. Plaintiff
`is the owner/landlord of the subject property and its common
`areas and grounds, and the person whose
`signature appears on attached lease agreement for the owner/landlord is the agent for the plaintiff.
`4. Defendant(s) is/are obligated to pay rent each month to plaintiff, plus late charges when the monthly payments
`are made late as provided in the lease agreement.
`5. Defendant(s) failed to pay rent which was due on 02/01/2024, and plaintiff properly served defendant(s) with a
`three-day notice to pay rent or give possession, a copy of which is attached, as provided in Florida Statutes
`83.56(3), and defendant(s) did not do either. Said three-day notice is made a part hereof as if copied in full
`paragraph of this complaint.
`in the sum of $1,109.79 which is now past due, and may owe
`6. Defendant(s) owes plaintiff past due rent
`additional rent by the date of a hearing. The monthly rental rate as per lease is $1,460.00.
`7. Plaintiff has elected to terminate defendants right of occupancy pursuant to said lease agreement.
`8. Plaintiff is obligated to pay its attorneys a reasonable fee for their services for which defendant(s) is/are liable.
`
`in this
`
`WHEREFORE, plaintiff demands judgment instanter against the defendant(s) for possession of the subject
`property, costs, and attorney's fees.
`
`s/ James I. Barron, III
`James I. Barron, III (efile@jamesbarronlaw.com)
`Florida Bar Number: 852953
`Attorney for Plaintiff
`REC I/CYPRESS RIDGE LIMITED PARTNERSHIP
`Law Offices of James I. Barron, III P.A.
`121 S. Orange Avenue, Suite 1500
`Orlando, FL 32801
`407-865-5621
`
`172907 WODH ORANGE
`
`AH
`
`

`

`Exhibit A
`
`FLORIDA STATUTORY NOTICE
`TO PAY RENT OR DELIVER POSSESSION
`[30 DAY NOTICE IN COMPLIANCE WITH CARES ACT & FLORIDA STATUTE 83.56(3)]
`Because of the global COVID-19 pandemic, you may be eligible for temporary protection from
`eviction under Federal Law. Learn the steps you should take now: visit www.cfpb.gov/eviction or
`call a housing counselor at 800-569-4287.
`Date of Notice: February 23, 2024
`Celines Medina Mayol & all other occupants
`Name of Tenant(s)
`
`5784 Kingsgate Drive Apt# 84A
`Street Address
`
`Orlando, Florida 32839
`City, State, Zip
`AND ALL OTHERS IN POSSESSION OF rHE ABOVE DESCRTBED PREMISES.
`You are hereby notified that you are indebted to landlord in the sum of $1,109.79 for rent and the
`use of the premises indicated above, in Orange County, Florida, now occupied by you and that
`the
`landlord demands payment of the rent or possession of the premises within thirty (30) days from the date
`of delivery of this notice, to wit: on or before the 24th day of March 2024.
`
`Valerie Canning
`Agent for Landlord (Signature)
`Woodhollow Apartments
`Name of Landlord
`
`5739 Kingsgate Drive
`Street Address
`
`Orlando, Florida 32839
`City, State, Zip
`
`407-351-5021
`Telephone Number
`PROOF OF SERVICE: I hereby certify that I served a true and correct copy of the foregoing notice on
`the above-named tenant(s) this 23rd day of February 2024 in the following manner:
`) By personally delivering the same upon said tenant
`(
`(X) By posting same at the above described premises in the absence of said tenant
`
`Sigitatte
`
`

`

`Exhibit B
`
`Docusign Envelope ID: E6151C5C-C73A-4A20-861D-95890A3ABFAB
`
`THIS AGREEMENT is made and entered into this
`day of
`20 23
`by arid between RECl/Cynress Ridge Limited Partnership
`June
`(hereinafter referred to as the Landlord), and celines Medina Mayol, Giovanna Maldonado, Raul Maldanado. Wilbenley Cius,
`as the Resident).
`
`(hereinafter referred to
`
`LEASE AGREEMENT
`
`Move In Date: 11/1
`
`Landlord is the owner
`
`of the property commonly known and described as Woodhollow Apartments
`
`Recitals
`
`(hereafter the Complex).
`and other adjoining and nearby Properties, together with the
`
`Address:
`5739 Kingsgate Drive,
`apartment houses thereon.
`In consideration of the rent to be paid by the Resident to the Landlord, and of the other covenants, agreements and conditions hereinafter set forth to be kept, performed and
`observed by the Resident, and the mutual covenants herein contained, the Landlord, and the Resident agree to the following.
`
`County: Orange,
`
`State: Floi-idy
`
`A. PREMISES. The Landlord leases to the Resident Apartment
`
`Terms
`
`Address:
`
`5784 Kinasgate Drive Mt A,
`
`Apt. Size: 2xl
`
`Apt. Number:
`54A,
`and No Other person.
`
`Lease Holders
`
`Celines Medina Mavol
`Name
`ninvanna Maldsnadn
`Name
`Rnill Maldanadn
`Name
`Wilhenley Ciiis
`Name
`
`City: Orlando,
`Zip Code: 32839
`State: Florida,
`of the Complex, (such leased unit to be hereinafter referred to as the Premises or Apartment), to be occupied only by the Resident
`
`Occupants
`
`Name
`
`Name
`
`Name
`
`Name
`
`B. LEASE PERIOD. The term of this Lease shall be for the period commencing on the i
`20.
`
`day of
`
`June
`
`20_23_ and ending on the last day of may
`
`C. TERMS AND CONDITIONS. Paragraphs A, B, and C, together with Paragraphs numbered I
`the Rules and Regulations, Community Policies and Addendums comprise the lease agreement.
`12‘1 WITNESS WHEREOF, the Landlord and the Resident have executed this Lease on the day and year first above written.
`
`through 48 following,
`
`by:
`
`t-.P.,L TA-ck7r-s
`CIuSlynsd
`CIWitAignature
`
`e—DobuSlp,
`LF•1114iallature
`
`,—DocuSigne0 by:
`
`e.::,1]1o.....7,,,,,:a:Ve
`jfikrilaSignature
`
`DS
`
`,--OS
`
`gp 1\-iv.,/,\,.1
`FC
`Resillelli 5 hum&
`As Acknowledgment
`
`•
`
`by:
`f."..
`e
`•04„gerit,fpr Iandlord Signature
`S.,
`LDocuSprust
`By signing this lease: Resident agrees to the following:
`RESIDENT AGREES TO WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY LEGAL ACTION.
`A.
`Resident agrees that any damages it may seek against Landlord or Landlord's management cannot and will not exceed the amount of rent paid by Resident to
`B.
`Landlord during the term of any leases.
`Resident agrees to purchase its own Renter's insurance and if Resident does not purchase the Renter's insurance, Resident is fully responsible for any loss that
`Renter's insurance would normally cover.
`Venue for any action brought on this lease or relating to the Premises shall be in a court of competent jurisdiction in Seminole County, Florida except for any
`injunctive relief which actions shall be in the county in which the premises are
`action for possession, eviction or
`located.
`The parties to this lease shall have the full and complete right to determine that this lease shall not be renewed and the end of the term for any reason in their
`sole discretion. Any factor may be considered in this decision to end the lease at the end of the term, including, but not
`the initiation or existence of
`limited to,
`any legal proceedings by either party.
`the requirements of any restricted program,
`If at any time the Resident does not meet
`terminated and the Resident will vacate the apartment.
`RENT. Resident agrees to pay the Landlord the sum of $ n nn
`Resident also agrees to pay the Landlord the sum of $
`
`1.
`
`2.
`
`C.
`
`D.
`
`E.
`
`F.
`
`requirement or
`
`recertification, this lease will automatically be
`
`on
`
`or before move in date for prorated rent due.
`
`t 487 00
`
`per month as Rent, this total
`
`is the sum of the following:
`
`Addifional Optional Fees $
`13ase Rent $ 1460 nn
`during the term of his lease.
`17 nn
`Rental payments shall be made only
`By paying online using resident portal at the website provided by management.
`A.
`B. Made payable to the Landlord in U.S. funds. Rent for each month is due and payable in advance, and must be received by the Landlord at its rental office in
`
`op,
`
`Cable TV $ n on,
`
`Washer/Dryer $ o no,
`
`Pet Rent $ _ri nn,
`
`Other Options $
`
`

`

`DocuSign Envelope ID: E6151C5C-C73A-4A20-861D-95890A3ABFAB
`provided. Such rental deposit will not, at any time, be considered rent but it may be applied towards unpaid rent at the Landlord's option.
`the terms
`or conditions of this lease by the Resident, the rental deposit may be applied by the Landlord towards its damages.
`SECURITY DEPOSIT DISCLOSURE: YOUR LEASE REQURES 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 WITHTN 15 DAYS MIER RECEIPT OF THE LANDLORD'S NOTICE, THE LANDLORD
`WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.
`
`In the event of a breach of any of
`
`IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT
`AGAINST YOU FOR DAMAGES.
`IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY
`LATER FILE A LAWSUIT CLAIMING A REFUND.
`YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A
`JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
`
`LOCATION OF RENTAL DEPOSIT.
`
`) Landlord has posted a surety bond with a surety company licensed to do business in the State as a surety. The bond has been posted with the County in which the
`(
`property is located or with the State of Florida. Landlord will pay the Resident a
`percent per year simple interest on the security deposit one time per year.
`5 % five
`
`OR
`
`4.
`
`5.
`
`for the benefit of the Resident with Wachovia-Wells Fargo 800 North Magnolia Ave,
`( x ) Rental Deposit monies are held in a separate noninterest bearing account
`Orlando ,Florida 32803 obtaining damages for the breach of this Lease in any appropriate legal action.
`If more
`than one person signs this Lease as Resident, any rental deposit required to be returned to the Resident shall be deemed properly returned if it is mailed or given to
`any one of the persons who signs the Lease as a Resident.
`CONTENTS.
`It is understood that the Premises are
`rented unfurnished, except for the range, a refrigerator and heating and air conditioning equipment, unless otherwise
`indicated by an attached contents inventory signed by the Landlord and the Resident.
`BREACH OF RENTAL AGREEMENT / DEFAULT BY RESIDENT.
`If any rent required by the Lease; shall not be paid when due, or,
`if the Resident in any other
`fails to perform any of the terms or conditions of this Jr.Ase, including any of the provisions of the Rules and Regulations, community policies, and addendums; or,
`manner
`if the premises leased hereunder shall be abandoned or vacated prior to the expiration of the
`if the Resident fails to fulfill the obligations imposed upon him by law; or,
`terms of the Lease and without the Resident abiding by the terms of the early termination clause then, in any of the foregoing instances the Resident shall be deemed to
`have breached this Lease and the Landlord shall have all rights provided under state law as well as the right to teiminate the Lease, resume
`possession of the premises, and
`recover all damages resulting from such breach. In addition to all other damages to which Landlord is entitled as set forth herein and/or as called for in State Statutes, in the
`that Resident breaches this lease by failing to pay rent when due and/or is evicted for any breach of this lease and/or surrenders or abandons possession of the subject
`event
`Premises prior to the natural
`termination date of this lease, the Resident shall be responsible to the Landlord for damages for unpaid rent, unpaid rent during any notice
`late charges, attorney's fees, and/or fee paid to any collection agency, costs and other special and general damages appertaining thereto. It
`period required herein,
`is hereby
`expressly recognized and acknowledged by Resident that no exact measure of the loss and damage which may be caused to Landlord, its successors and/or assigns,.
`resulting from a breach by Resident of the covenants
`contained in this lease agreement, can be determined. For purposes of liquidation such damages, other than for
`damages to the subject demised premises above and beyond normal, wear and tear, NSF charges and other special damages, attorney's fees and costs, it is agreed that in the
`case of any breach by the Resident of the covenants
`contained herein the damages for arrears of rent and late charges caused shall be and are hereby fixed, liquidated and
`determined to be equal to the rent and late charges accruing up through the end of the month in which Resident vacates the Apartment plus an additional amount equal to
`rent and late charges for one additional month after the date of said breach. The Landlords, its successors and assigns are hereby given the right to recover
`said damages
`from Resident by use of any appropriate legal means. These liquidated damages are in addition to all other amounts accruing under the lease, including, without limitation,
`NSF check charges, utility charges and/or charges for the cost of repair and cleaning of the subject demised premises for wear and tear, damages above normal wear and
`tear, attorney's fees and costs, and collection expenses and costs. Retention of the rental deposit and/or termination of the Lease shall not act as a credit bureau for
`recordation in Resident's credit record. Any judgment obtained against the Resident shall accrue interest at the maximum lawful interest rate existing at the time such
`In the event of a breach of this lease by the Resident resulting in his leaving the Premises, he shall not return to the Complex as a guest, visitor or
`judgment is entered.
`otherwise. Resident further agrees not
`to permit any person 'mown to have defaulted under his own
`rental agreement and having left the premises, to the Resident's guest or
`visitor without the written consent of the Landlord.
`
`If you default by failing to pay rent when due and the default continues for
`OF YOUR LEASE —Failure to Pay Rent Due.
`TERMINATION
`(3 ) days, not
`counting Saturday, Sunday, and court-observed legal holidays, after delivery of a written demand for payment of the rent or possession of the premises, we may terminate
`the rental agreement. Termination of this lease for non-payment of rent, or
`temaination of your possession rights, filing of an action for possession, eviction, issuance of a
`writ of possession, or subsequent re-letting doesn't release you from liability for future rent or other lease obligations.
`Your Failure to Comply with Florida Statutes, Chapter 83.52 or Material Provisions of the Lease.
`If you default by materially failing to comply with Florida Statutes, Chapter 83.52 or material provisions of this lease, the rules and regulations, or any addenda (other
`than failure to pay rent due), and the non-compliance is of a nature that YOU SHOULD NOT BE GIVEN AN OPPORTUNITY TO CURE or
`if your non-compliance
`CONSTITUTES A SECOND OR CONTINUING NON-COMPLIANCE WITHIN TWELVE (12) MONTHS OF A SIMILAR VIOLATION, we may terminate the
`lease by delivering written notice specifying the nature of the non-compliance and our
`intention to terminate the lease. Upon receiving such a lease termination notice
`without opportunity to cure
`or constituting a second violation within 12 months, you will have seven (7) days frorn delivery of the notice to vacate the apartment and
`premises. Examples of non-compliance which are without opportunity to cure include, but are not limited to, destruction, damage, or misuse of our
`or other resident's
`a subsequent or continued unreasonable disturbance.
`property by your intentional acts or
`If you default by materially failing to comply with Florida Statutes, Chapter 83.52 or material provisions of this lease, the rules and regulations, or any addenda (other
`compliance is of a nature that YOU SHOULD be given an opportunity to cure it, we may deliver a written notice to you
`than failure to pay rent due), and the non-
`specifying the nature of the non-compliance and notifying you that unless the non-compliance is corrected within seven (7) days of delivery of the notice, we may
`terminate the lease. If you fail to correct the violation within seven (7) days of receiving such notice or if you repeat same conduct or conduct of a similar nature
`within a twelve (12) month period, we may terminate your lease without giving you any further opportunity to cure the non-compliance as provided above. Examples
`of non-compliance in which we will give you an opportunity to cure
`the violation include, but are not
`limited to, unauthorized pets, guests, or vehicles, parking in an
`unauthorized manner, or
`failing to keep the apartment and premises clean and sanitary. We will also have all rights under Florida law and this lease to tow or
`improperly parked vehicles in addition to our remedy of terminating the lease for such violations.
`Termination of this lease for non-compliance with Florida Statutes, Chapter 83.52 or material provisions of the lease, tennination of your possession rights, filing of an
`
`.•.
`
`_
`
`A.
`
`B.
`
`remove
`
`

`

`DocuSign Envelope ID: E6151C5C-C73A-4A20-861D-95890A3ABFAB
`and peace if any of the inhabitants of the Complex. The Premises shall be occupied only by those listed on
`on the lease to occupy the Apartment.
`
`this Lease. Resident agrees not
`
`to permit any person(s) not
`
`listed
`
`8.
`
`GENERAL COVENANTS.
`
`A.
`B.
`
`C.
`
`D.
`
`Resident shall comply with all applicable Federal, State, County and Municipal ordinances; lams and regulations as they pertain to this Lease and the Premises.
`Resident has represented by Income Certification to landlord that the resident is a low or moderate income Resident, not a full time student unless meets a qualified
`is otherwise eligible to rent the demised premises under applicable law. In the event of any material misrepresentation made by the Resident with
`exception, or
`respect to the Income Certification, this Lease will be immediately terminated and the Resident consents to his irnmediate eviction for failure to qualify as a low or
`moderate income of otherwise eligible Resident. If applicable, and due upon request from Landlord, resident agrees to provide Landlord with Income Certifications,
`employment verifications and any other related documents reasonable required by Landlord. In the event
`that Resident fails to timely provide to Landlord any of
`these required documents, resident's failure shall be deemed a material and serious violation of this lease agreement and shall be cause
`for Resident's lease
`termination by seven
`(7
`) day notice, without opportunity to cure, pursuant to State Statutes.
`All
`terms, covenants and agreements set forth in this Lease shall be binding upon, apply to and inure to the benefit of successors and assigns of the Landlord and
`in interest, if any, and the heirs of the Resident.
`permitted successors
`All rights and remedies hereby created for the benefit of the Landlord are cumulative and the exercise of any one remedy shall not be taken to exclude or waive the
`right of the Landlord to make use of any other remedy.
`Neither the Landlord nor
`its agents have made any representation or promises with respect to the Complex,
`expressly set forth herein.
`You or any occupant, invitee, or guest must not hold over beyond the date contained in your move-out
`notice or our notice to vacate (or beyond a different move-out
`notice date agreed to by the parties in writing). If a holdover occurs and you continue in possession of the Premises or any part thereof after the date contained in your
`notice, our notice to vacate, or
`the move
`move-out
`out date agreed to by the parties in writing, whichever is later, we may recover
`possession of the premises as
`provided for in State Statute. Additionally you will owe double the amount of rent due on
`the dwelling unit, or any part thereof, for the period during which you
`refuse to surrender possession of the Premises, as provided for in State Statutes.
`LEASE EXPIRATION AND MONTH TO MONTH. Prior to the expiration of the original lease term, either Landlord or Resident must
`terminate this lease by
`) days prior written notice to the other. If the parties fail to timely communicate such intention, this lease shall continue on a month-to-month
`delivering qi,iy
`(6(1
`basis. Thereafter, Landlord or Resident may only terminate this month-to-month lease agreement by delivering prior written notice to the other only on the first day of the
`month proceeding the month to month lease. The rent
`for such month to month tenancy shall be increased by a $ 75 no
`month to month fee and the rent shall be
`increased to the highest market rent. All other terms and conditions of the original lease shall remain in full
`force and effect during this month-to-month term. Resident
`shall be responsible for full payment of each and every additional monthly period until such time as this month-to-month lease has been properly terminated. There shall be
`for any monthly period under any circumstance. If the Resident remains in possession of the Premises on a month to month basis and fails to give a
`no proration(s) of rent
`notice of termination as required by State Statutes, the Resident is liable to the Landlord for an additional one month's rent as provided in State Statutes. Month-to-Month
`leases do not apply to Tax Credit, Ship Sail SRO's, Bond Properties or any other restricted government assisted program.
`10. END OF LEASE TERM — NOTICE AND LIQUIDATED DAMAGES. Resident must provide Manager with jyty
`) dayswritten notice before vacating the
`Apartment at the end of the Lease term ("End of Term Notice").
`If Resident does not provide a full qixty
`60 ) days' End of Tenn Notice before vacating the Premises
`at the end of the Lease Term then, in addition to paying rent through the end of the Lease term, Resident also shall be liable for liquidated damages in an amount equal to
`) month's rent. RECIPROCITY OF NOTICE: LANDLORD SHALL GIVE TENANT THE SAME AMOUNT OF NOTICE AS REQUIRED OF
`(1
`TENANT TO NON-RENEW THIS LEASE. FAILURE OF LANDLORD TO GIVE THE SAME OR MORE NOTICE SHALL RESULT IN THE LEASE
`CONVERTING TO A MONTH TO MONTH AGREEMENT AT THE END OF THIS RENEWAL LEASE TERM.
`11. DELIVERY OF POSSESSION.
`If the Resident shall be unable to enter
`into and occupy the Premises leased at the time hereinabove provided by reason that the Premises
`the holding over of any previous Resident, or as a result of any cause
`are not ready for occupancy, or by reason or
`reason beyond the direct control of the Landlord, the
`or
`landlord shall not be liable in damages to the Resident therefore, but during such period that the Resident shall be unable to occupy the premises, the rental for it shall be
`abated. This will not act
`to extend the period of the lease. Resident may cancel this Lease if the Premises are not ready within 30
`days of the commencement
`date of this
`lease.
`12. RIGHT OF ACCESS. The Landlord, its employees and agents, shall have the right at all reasonable times to enter the Premises to show it to prospective Residents or
`purchaser, to make inspections, to perform necessary maintenance or repairs for the benefit or welfare of the Premises, or as required or permitted under state law. In case
`of emergency, Landlord may enter at any time to protect life and prevent damage to property. Resident may not change or add door locks without the written approval of
`management.
`
`the Premises or the neighborhood, except as herein
`
`E.
`
`F.
`
`one
`
`now
`
`13. ASSIGNMENT OR SUBLETTING.
`The Resident agrees that he will not assign this lease or sublease the Premises, or any part of it, nor shall the Resident keep roomers
`or boarders therein without the Landlord's written consent. Any assignee or sub Resident must first be approved by the landlord, and such written consent or approval by
`the Landlord shall in no way affect or relieve the Resident of Resident's obligation arising under this lease or
`the laws of the State of Florida.
`14. UTILITIES AND SALES TAX. The Resident shall pay for all utilities and applicable sales taxes in connection with the payments under this Lease, and for any use
`in effect hereinafter put into effect by any appropriate governmental authority.
`other assessment
`15. RULES AND REGULATIONS.
`The Resident covenants and agrees that all rules and regulations attached hereto or hereinafter adopted by the Landlord and made
`known to Resident, shall have the same force and effect as covenants of this Lease, and the Resident covenants
`that Resident, Resident's family and guests will observe all
`such mles and regulations.
`16. REPAIRS AND MAINTENANCE.
`Resident has inspected the Premises and personal property and, by taking possession, accepts same
`in the condition they are now in
`"as is", and agrees they are suitable for the use intended. Landlord will malce repairs to the interior and exterior of the building not caused by Resident's acts or omissions
`upon receipt of written notice from the Resident of any defective condition.
`17. DESTRUCTION OF PREMISES.
`If the Premises are damaged or dcstroyed other than by the wrongful or negligent acts of the Resident, or any person on the Complex
`with the Resident's permission, so that the enjoyment of the Premises is substantially impaired, the Resident may terminate the lease and immediately vacate the Premises.
`In the event
`the Premises are only partially damaged or destroyed, the Resident, at his option, may vacate that part of it which was
`rendered unusable by the casualty, and
`his rent shall be reduced to a mutually satisfactory sum. The foregoing provision notwithstanding, in the event
`the Landlord should decide not to repair or rebuild the
`Premises or the building is so damaged or destroyed, the tenn hereby granted shall cease and the rent shall be paid up to the date of such injury or damage to the Premises
`the mentioned building. The Resident shall not be entitled to any damages. In either event, if the damages resulted from the wrongful or negligent acts of Resident,
`or
`Landlord may pursue all of its remedies against Resident provided under State law. If, in Landlord's opinion, the Premises are
`so damaged or destroyed other than by the
`wrongful or negligent acts of the Resident so as to substantially impair Resident's enjoyment of the Premises, the Leases may be terminated by either Manager or Resident
`in which event Resident shall vacate the Premises within seven
`days of receiving notice by the other party. In the event the Premises are damaged or destroyed so as to
`substantially impair Resident's eniovment of the Premises due to wrongful or negligence acts of Resident. landlord may_
`in addition to Landlord's other remedies under
`
`tax or
`
`

`

`DocuSign Envelope ID: E6151C5C-C73A-4A20-861D-95890A3ABFAB
`and he shall fumish the Landlord with the license tag number of the vehicle used by him within three days after he occupies the Premises, and he shall thereafter notify the
`Landlord of any change within three days after such change occurs. Landlord shall have no liability for damages to any vehicle parked at Landlord's property under any
`circumstance.
`
`to the Premises without the written consent of the Landlord. The
`BY THE RESIDENT. The Resident may not make any alteration or additions in or
`20. ALTERATIONS
`Resident must specifically obtain the written approval of the landlord as to any proposed color the Resident wishes to paint the Premises if Resident is given permission to
`paint it. All alterations and additions to the Premises made by the Resident shall become the property of the Landlord and may not be removed by the Resident at the
`expiration of the Leases without the written consent of the Landlord. Residents specifically acknowledge and agree that the use of K U band, C band, digital satellite or
`satellite dishes, of any size or description, television, radio or citizen band antennas
`are strictly prohibited and may not be affixed, attached or placed in and about the
`exterior or interior Premises of Resident's apartment units or the common
`elements of Landlord's property.
`control and responsibility of the Premises leased to him, and covenants
`21. CONTROL OF PREMISES. The Resident assumes
`that if he has reason
`to believe there is any
`defect in the Premises, he will
`immediately notify the Landlord in writing of the defect. In particular, but without limiting the foregoing,
`the Resident has inspected all
`locks, latches, windows and doors and agrees they are safe and acceptable.
`22. NON-LIABTLITY OF LANDLORD.
`Tenant agrees, on its behalf and on behalf of its successors and assigns, that any liability or obligation under this Lease shall only
`be enforced against Landlord's equity interest in the Premises and in no event against any other assets of the Landlord, or Landlord's officers or directors.
`23. STATUTORY AND CONTRACTUAL LIEN. All personal property on the premises, including but not
`limited to furniture, chairs, desks, sofas, couches, television sets,
`stereos, tables and shelves are subject to a contractual lien and security interest under State Statutes to secure delinquent rent and any damages resulting from Residents
`breach of the Lease. Such property is further subject to the lien provided in State Statutes for accrued rent. Landlord shall have all rights provided under State Statutes.
`Including the right to take possession of the personal property upon Resident's breach, and also all rights under State Statutes regarding enforcement of the statutory lien.
`24. PERSONAL PROPERTY: DAMAGE/INSURANCE/FLOOD
`INSURANCE. Property of any kind belonging to the Resident which shall be brought upon the Premises
`during the term of this lease, or any extension thereof, shall be at the complete and sole risk of the Resident, and the Landlord shall not be responsible for any loss or
`damage to such personal property. It is advised that the resident purchase and maintain a policy of insurance protecting the Resident and the Landlord from any loss either
`of them may sustain as a result of damage to, or the destruction of their respective items of personal property that are now in the Premises or which may hereafter be
`brought there. The mentioned policy, which shall prove coverage for the replacement values of the personal property (furniture, jewelry, clothing, etc.) from theft,
`vandalism, fire, water, rain storms, smoke, explosions, sonic booms, or other causes whatsoever, whether caused by negligent acts of Landlord, its agents or servants or
`otherwise. Landlord's property insurance does not cover risk of loss to any of Resident's property. Also, it is advised that Resident maintain liability insurance in favor of
`himself and Landlord in amount of no less than $ avne
`per incident. Such insurance should be written by a company that names
`per person and $
`so,een
`landlord as an additional insured.
`If any of Landlord's employees are requested to render any services such as moving automobiles, handling of furniture, cleaning,
`delivering packages or any other service not required of Landlord under this Agreement, such employee(s) shall be deemed as agent(s) of Resident regardless of whether or
`not payment is made by Resident for such service. Resident agrees to hold harmless and indemnify and defend Landlord from any and all liability arising in any way
`whatsoever from the rendering of such service.
`1/147,7\1 CResident hereby acknowledges that the Premises are in a floodplain and flood insurance is available for your personal property.
`yle)
`FC
`vt.—c21
`25. PATIOS/BALCONIES. Resident agrees only to keep patio fumiture and small plants on the patios and balconies of the Premises. Resident understands and agrees that
`indoor furniture, personal items including, but not
`limited to, toys, scooters, bicycles, trash and clothing, BBQ grills and large items such as hot tubs, Jacuzzis or
`saunas
`are
`strictly forbidden. Resident further acknowledges that there is a weight limit for the balconies and patios and no more
`4 people may gather on the balcony or patio
`than
`at any given time. Resident and Landlord agree that Landlord may regulate the use of all patios and balconies at
`the Premises and may demand the removal of personal
`items and people if in its sole opinion the items are unsig