Filing # 195903735 E-Filed 04/10/2024 02:05:11 PM
`
`IN THE COUNTY COURT, ORANGE COUNTY, FLORIDA
`CIVIL DIVISION
`
`2017-1 IH BORROWER LP
`Plaintiff,
`
`CASE NO.:
`DIVISION:
`
`-vs-
`MICHAELA HIBDON AND CARLOS MACEIRA
`/
`Defendant(s).
`
`COMPLAINT
`
`FOR EVICTION
`
`Plaintiff, 2017-1 IH Borrower LP, by and through the undersigned counsel, sues Defendant(s),
`Michaela Hibdon and Carlos Maceira, 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:
`1633 Stefan Cole Ln, Apopka, FL 32703
`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 $2,241.29.
`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: April 10, 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
`
`99887
`
`

`

`DocuSign Envelope ID: 13A8E66C-CC11-4231-A97D-36C298E9C91F
`
`Exhibit A
`
`invitation homes-
`
`RENTAL AGREEMENT
`
`/
`8/
`This Residential Rental Agreement (called the "Lease") is entered into on
`2022
`21,
`("Effective Date) by and between 2017-1 IH Borrower LP
`("Landlord"); and
`Resident's Name: miOW1t3,4#141Sas>>
`<<Lesseelgarne3>>
`Resident's Name:
`Primary Phone #:
`Primary Phone #:
`phoz.e»
`4<occphnne3»
`
`_,
`
`Resident's Name: Caringjviaceira'.=yei>
`Primary Phone #:
`»
`
`Resident's Name:
`Primary Phone #:
`
`<<LesseeName2>>
`4<ocelphome2>>
`
`<<LemeeNarre>
`Resident's Name:
`me2>>
`Primary Phone #:
`(collectively, "Residents' whether
`one
`
`or more).
`
`Resident's Name:
`Primary Phone #:
`
`-Lesseellaime4»
`<<occphone4»
`
`Resident's Name:
`Primary Phone #:
`
`<<Ethszseellarme5>>
`<<occphens,5>>
`
`Resident's Name:
`Primary Phone #:
`
`-4:‹LesseeNaimeS>>
`<<occphone5>>.
`
`Lease Term:
`
`Amount:
`
`to o8laq2c4R:il
`09101P2(022113at
`to DALwafatmAri
`,.,,PfticoOfbegita.
`Residence Address: 1633 Stefan Cole Ln, Apopka, FL 32703
`
`$<k8o
`'- Money Spedail»
`$kt42,,P,Q Money»
`
`MONTHLY RENTAL CHARGES
`
`MOVE-IN COSTS
`
`Base Rent
`
`$
`
`159,10(11ec
`
`Pet Rent
`
`&;i0C_CLU:110,\J\v4(1CJP)r
`
`k,A101113AZIokalf=1Prr,`
`
`th
`q, 0-00
`
`,l3,7A213A0(1U/Avr),—
`
`Refundable
`Security Deposit
`Non-Refundable
`Pet Fee
`Initial Rent
`Payment
`Account Set Up
`Fee
`
`.485o.00
`
`z,
`
`=
`
`th
`q) 050.00
`
`$ 1979arvv-milito(
`
`th 50'00
`
`Pool Service
`
`Landscaping
`Service
`
`Smart Home
`Amenity /
`Appliance Fee
`Air Filter
`Service Fee
`TOTAL
`MONTHLY
`RENT
`
`$ 40
`
`- g3VAT/A17SOM".
`
`Hold Fee Paid
`
`$ 0-00
`
`<-1P,V-.21q1L9W,'
`
`$ (3-°? LWAVJZATJOho
`
`TOTAL MOVE-IN
`COSTS
`
`.t
`Tdft21.%9§ty
`
`4-49f&ijuicom'lly Chzucw>,
`
`4-41CRit94moRrt
`
`ChiEriggr
`
`Florida_Lease_2021UNL.v.1.05
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`DocuSign Envelope ID: 13A8E66C-CC11-4231-A97D-36C298E9C91F
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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.
`Ci
`("Occupants"):
`
`11
`
`_
`
`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
`not stay in the Residence for more
`than seven
`listed above must
`(7) consecutive days without
`not
`Landlord's prior written consent, and no more
`than thirty (30) days in a calendar year. Any new resident
`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 Parties" 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.
`(the
`on 09/01/ 2099
`local
`time where the Residence is
`"Commencement Date) and end on 08/31/2024
`at 5:00 p.m.
`located. Resident shall vacate
`the Residence immediately upon termination
`of the Lease unless: (a)
`Landlord and Resident have extended this Lease in writing or signed a new
`rental agreement, or
`(b) a
`month-to-month
`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
`then be on a month-to-
`apply. Resident may remain in possession of the Residence and the tenancy will
`month basis at the increased monthly Rent rate and subject to all of the terms and conditions of this
`Lease until either party terminates the tenancy in accordance with this Lease and Applicable Law. The
`term "Applicable Law" shall mean
`laws, ordinances, directives, temporary orders, and rules and
`all
`regulations enacted now
`or hereinafter by any governmental authority with jurisdiction over
`the
`Residence.
`
`NOTICE TO VACATE. At the expiration of the Lease Term, either party may terminate
`3.2.
`the Lease by providing at
`least sixty (60) days advance written notice (thirty (30) days for a month-to-
`month tenancy) to the other party. Rent shall be due and payable through the end of the notice period
`later. Resident's failure to provide the full sixty
`the expiration of the Lease Term, whichever occurs
`or
`(60) daysadvance notice of intent
`to terminate the Lease (thirty (30) days for a month-to-month
`lease)
`will result
`in Resident being charged for the balance of the notice period in an amount equal to the daily
`to exceed two months' rent.
`pro rata rent, not
`
`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
`of intent
`lease, will result
`in Resident being charged
`to terminate the Lease, including a month-to-month
`
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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
`Deposit') shall be deposited with Landlord within two (2) calendar days of full execution of the Lease
`the
`as security for Resident's payment and performance of the obligations under this Lease. In the event
`Security Deposit is not paid within two
`(2) calendar days, Landlord shall have the right, in its sole
`discretion, to terminate this Lease. Subject to Applicable Law, all or any portion of the Security Deposit
`the
`(a) clean, repair, and restore
`retained by Landlord as reasonably necessary to:
`may be used or
`Residence and any appliances, furniture, fixtures, equipment, and other property supplied by Landlord
`(b) cure Resident's
`and tear; or
`to its condition on the Commencement Date, excepting normal wear
`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 Deposit shall not
`of the Security Deposit.
`limit Landlord's right to proceed against Resident for claims above the amount
`in lieu of payment of Rent, Late Charges, or other
`The Security Deposit shall not be used by Resident
`owed. No interest shall be paid on the Security Deposit unless required by Applicable Law.
`amounts
`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 obtivitions of
`"Rent" will mean
`RENT.
`4.2.
`Resident to L99614hOnder the terms of this Lease. The Base Rent shall
`increase to $
`beginning on
`11,(ezdze'Tancri%
`
`INITIAL PAYMENT. Upon Landlord's acceptance of this Lease, Resident shall pay one
`4.3.
`of the Security Deposit, and prior to
`cashier's check, money order, or electronic payment in the amount
`the Commencement Date also pay one separate cashier's check, money order, or electronic payment in
`the amount
`of the Total Move-In Costs on Page 1 of this Lease net any previously paid Security Deposit
`(collectively, the "Initial Payment").
`If the Commencement Date is on or after the twentieth (20th) day of
`the month then the Initial Payment will
`for the initial month in addition to the
`include the prorated rent
`full month's rent
`for the subsequent month.
`If Resident's payment for any portion of the Initial Payment
`is dishonored for any reason, Landlord may, at Landlord's option, elect to terminate this Lease and be
`immediately released from all obligations upon notice to Resident of such termination.
`
`METHOD OF PAYMENTS. The Security Deposit and all Rent shall be paid to Landlord
`4.4.
`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
`payment at www.invitationhomes.com, following the instructions
`residents to Pay
`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
`
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`received by 5:00 p.m. on the third (3rd) day of
`If the total Rent is not
`4.5.
`LATE CHARGES.
`the month, Resident agrees to pay a late charge (the "Late Charge") equal to 10% of the monthly rent.
`late payment of Rent will
`Landlord to incur costs and expenses,
`Resident acknowledges that
`cause
`including processing, enforcement and accounting expenses, and charges imposed on Landlord, the
`the
`of which are extremely difficult and impractical to determine. Resident agrees that
`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
`office location designated by Landlord.
`
`In addition to any Late Charges, Resident also agrees to pay
`NON-SUFFICIENT FUNDS.
`4.6.
`a non-sufficient funds fee ("NSF Charge) of $30.00 for each check or payment that
`is not honored by
`institution, but not
`Resident's bank or
`financial
`to exceed the maximum amount
`that may be charged
`In the event
`that any payments of Rent during the Lease Term are returned
`pursuant to Applicable Law.
`due to non-sufficient
`funds, Resident may be "locked our 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
`4.7.
`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
`to any arrears
`costs,
`(i)
`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.
`
`4.8.
`
`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.
`
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`IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM
`WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, THE LANDLORD WILL
`COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.
`IF THE
`LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE
`DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL
`TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT,
`BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.
`
`YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A
`LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED
`WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
`
`THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA
`STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
`
`of
`set up fee in the amount
`ACCOUNT SET UP FEE. A one-time nonrefundable account
`4.9.
`the overhead costs associated with Landlord's completion of this Lease shall be charged
`$50.00 to cover
`to Resident as additional
`rent and paid to Landlord with the Initial Payment.
`
`DISCLOSURE TO CREDIT BUREAUS. Resident acknowledges that and consents
`4.10
`to
`Landlord or Landlord's agent disclosing information about Resident and Residenfs tenancy, including
`but not
`limited to the amount
`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.
`If Resident keeps a dog or cat that is not considered a service, assist, or companion animal (Vet") 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. Prior to the Commencement Date, Resident shall have the right to inspect
`6.1.
`including all appliances, landscaping,
`the Residence,
`fixtures, improvements, equipment, hardware,
`smoke detector(s) and carbon monoxide detector(s), if any, located at the Residence. Resident shall
`confirm (a) that the Residence and all such items are clean, in good working order, and fit for use under
`the Lease, and (b) that the size, number, and features of all rooms
`and any parking areas
`or garage at
`list any pre-existing defective conditions
`the Residence are approved for Resident's use. Resident must
`it to Landlord or Landlord's agent within 48
`on the Move-In/Move-Out Assessment Form and return
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`DocuSign Envelope ID: 13A8E66C-CC11-4231-A97D-36C298E9C91F
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`in person, via email, or otherwise designated by Landlord. Except
`hours of Resident's move-in either
`as noted on the Move-In/Move-Out Assessment Form, Resident accepts the Residence in the current
`that Resident has been given adequate opportunity to fully inspect the
`"As-Is" condition and warrants
`Residence and that Resident accepts the Residence, together with all furnishings, if applicable, as being
`in need of
`in good condition. Only items listed in that
`form shall be accepted as defective, missing, or
`remedial action. The 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
`the Move-In/Move-Out Assessment Form is not a request for repairs. Any required
`repairs will need to be 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
`move-out, if Resident chooses to have the carpets cleaned, such cleaning must be performed by a third-
`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
`the carpets. Resident also shall return all keys and garage door openers, if applicable, and shall provide
`Landlord with a written statement
`of forwarding address. Within the time required by Applicable Law,
`Landlord will provide Resident an
`deducted and the
`itemized written
`of any amounts
`statement
`for the deductions from Residenf s Security Deposit, along with a check for any balance of the
`reasons
`and balance of the
`the written statement
`Security Deposit due to Resident. Landlord may deliver
`Security Deposit personally to Resident, or by mailing the statement
`and balance of the Security
`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.
`
`receiving notice of
`(i) After giving or
`Inspection and Repairs:
`Pre-Move-Out
`6.3.
`request and coordinate with
`termination of a tenancy, or before the end of the Lease, Resident will
`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, "Repairs") 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;
`(b) prepare a written
`Resident:
`statement
`indicating the Repairs performed by Resident and the date of such Repairs; and (c) provide copies of
`to Landlord prior to termination.
`receipts and statements
`
`CONDITION OF RESIDENCE. Landlord makes absolutely no warranties
`7.
`representations
`or
`the condition of
`the neighborhood or
`the Residence, the improvements, utilities, electrical,
`about
`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,
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`connections, other
`of any wired and/or wireless
`availability, adequacy, and cost
`internet
`telecommunications or other technology services and installations, proximity to commercial,
`and
`or agricultural activities, existing and proposed transportation, construction
`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.
`
`USE. Resident shall not use or permit the Residence to be used for any purpose other than as
`8.
`the principal and primary residence of Resident and any Occupants. Resident agrees that, subject to
`not be used for operation of a business or other commercial
`Applicable Law, the Residence will
`enterprise without
`Landlord's prior written consent, nor will Resident utilize the Residence for any
`in any manner
`local
`law or
`the covenants,
`which violates applicable state, federal, or
`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
`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
`this Lease shall be deemed provided, received, or
`Landlord or Landlord's authorized agent under
`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 date of delivery, or
`period specified by applicable laws) after the deposit of the notice in the U.S. Mail.
`
`6310911chorrower LP
`g0Sithile-Blvd., Suite woo
`AltitridiWi*rings, FL 32701
`41Q7167-469.)
`rbion©:
`
`<<Coff:aiip>>
`
`Property Manager:
`TRRsPmpteirlyeitawitnteatcla.
`Altitiiittiite,Spiiitis, FL 32701
`407-732-2,60
`
`6,f <,-f-
`
`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,
`those specified in the attached Utilities Addendum,
`as of
`in Resident's name
`the
`including all
`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
`In the event
`that Applicable Law requires Landlord to pay for any utility directly, Resident
`services.
`acknowledges and agrees that Resident shall be obligated to reimburse Landlord for any such amounts
`paid by Landlord to utility providers, which reimbursement shall be payable either (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 ResidenVs own
`name, Resident
`agrees to reimburse Landlord the full cost of Resident's 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
`
`Florida_Lease_2021UNL.v.1.05
`
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`
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`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.
`Landlord does not represent or warrant
`that any utilities servicing the Residence will not be interrupted
`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 Residenfs 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.
`
`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
`Charges") within
`fifteen (15) days of Landlord's
`therefore accompanied by an
`invoice
`request
`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
`and services in Residenfs name,
`if applicable, will constitute a
`and continuously maintain utilities
`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
`Resident or any Resident Party, shall not
`PROHIBITED ACTIVITY.
`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
`regardless of whether
`including drug-related criminal
`the
`activity,
`activity,
`individual engaging in such activity is a member of the household or a guest; (d) engage in growing,
`
`Florida_Lease_2021UNL.v.1.05
`
`Page 8 of 51
`
`Confidential and Proprietary - ©2021 Invitation Homes. All Rights Reserved.
`
`in
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`DocuSign Envelope ID: 13A8E66C-CC11-4231-A97D-36C298E9C91F
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`producing, manufacturing, selling, using, storing, keeping, distributing, or giving marijuana or any
`from the Residence or otherwise; (e) engage in any illegal
`controlled substance (legal or
`illegal) at or
`activity, including prostitution, criminal
`intimidating assault,
`gang activity,
`threatening or
`street
`use or possession of firearms, on or near
`inclu