/Filing # 196073220 E-Filed 04/12/2024 11:29:53 AM
`
`IN THE COUNTY COURT FOR THE NINTH JUDICIAL CIRCUIT, IN AND FOR
`ORANGE COUNTY, FLORIDA
`CASE NO.
`JUDGE
`CIVIL DIVISION
`COMPLAINT
`
`Woodbury Owner, LLC
`Plaintiff(s)
`-VS-
`Brenda Brewster, Steven Brewster and Stevon Brewster
`Defendant(s).
`
`COUNT I
`
`- TENANT EVICTION
`
`Plaintiff
`
`sues Defendant(s), and states:
`1. Plaintiff
`is authorized for business in this county.
`2, Plaintiff
`real property in this county described as:
`owns
`1010 Constance Road #307
`Orlando, Florida 32826
`3. Defendant(s) reside(s) in this county.
`4. This is an action to evict Defendant(s) from the property for reasons
`payment of rent.
`5. Defendant(s) retain(s) possession of the property under
`a written agreement to pay
`rent of $2806.00 per month payable on
`the first of each month.
`A copy of the lease
`is attached hereto as Exhibit
`"A".
`6. Plaintiff served Defendants with a Notice of Non-Compliance / Seven (7) Day Notice
`to Cure on April 3rd, 2024 due to lease agreement violation, Paragraph 21. Specifically,
`that
`management became aware
`the Defendants permitted three unauthorized dogs to
`live in the apartment. Please see attached as Exhibit
`B.
`7. That Plaintiff confirmed on April 11, 2024 that
`the Defendants continued to allow an
`unthorized dogs to live in the premises; thus, becoming subject to lease termination.
`8. Defendant(s) owe(s) Plaintiff, the following: rent
`for the month(s) April 2024, totaling
`$2806.00, and rent
`it becomes due.
`as
`
`other than non-
`
`79633
`
`

`

`9. Failure of Defendant(s) to comply or vacate has caused Plaintiff
`to retain the
`undersigned attorneys to represent them in this action and to agree to pay said
`attorneys a reasonable fee for
`their services and costs, which Defendant(s) should pay
`pursuant to Florida Statute Sec. 83.48
`and the lease agreement.
`
`WHEREFORE, PLAINTIFF
`JUDGEMENT FOR POSSESSION
`OF THE
`DEMANDS
`PROPERTY AGAINST
`THE DEFENDANT(S) AND FOR OTHER
`JUST RELIEF
`INCLUDING COURT COSTS AND ATTORNEY'S FEES.
`Dated: April 11, 2024
`
`s/ Kenneth J. Lowenhaupt, Esq.
`Email: p1eadings@f1-1and1ord.com
`Florida Bar#: 0761532
`Attorney for Woodbury Owner, LLC
`Law Offices of Lowenhaupt Sawyers and Spinale
`7765 S.W. 87th Avenue, Suite 201
`Miami, Florida 33173
`(305) 412-5636
`
`79633
`
`

`

`•
`
`42x-r-A.A-Yeslve--4—
`
`•
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`•
`
`•
`
`KENNETH. J. LoW8NuAtarr,, ESQ,
`Ic3USTJNUÁ. SAWYns, ESQ.
`=MCA
`SPINAL% Esq;
`KRISTF24 SvtNALE,11SQ,
`
`Hosviutp t., 13noviNsMIN, PARA.I.B.GAL
`CP.11.11FIE1 plom. Assisi-Wm
`
`LAwomms.
`LOWENHAUPT SAWYERS & SPINALE,
`7765 SW 67'" AVBNITE
`Win PI
`1110PIDA 33173
`
`MM
`
`•
`
`TELBPI-50NES
`(M) 412-5636
`141., WATTS (M) 232-0.558
`via (3OS) 4124630
`
`•
`
`LAWOMCE@FL-LANDLORD.COM
`
`NQMKE__ON,QN:cfamiusa,
`maim DAY NQIC
`O cun
`
`April 2, 2024
`Brenda Brewster, Steven Brewster and Stevon Brewster and all others in possession
`1010 Constance Road #307
`Orlando, Florida 32826
`You are ,hereby notified that you are in violation of your Lease Agreement, Paragraph 21, which
`states 'Ton, your occupants or guests, or
`the guests of any occupants, may not engage in the
`following activities: behaving in a loud or obnoxious manner; disturbing or
`threatening the nghts,
`comfort, health, safety, or convenience of others (including our agents and employees) in or near
`the
`apartment community"; Paragraph 28 whiCh states "Unless otherwise provided tinder federal, state,
`local law, no animals (including mammals, reptiles, birds, fish, rodents, and insects) are allowed,
`or
`temporarily, anywhere in the Dwelling or Community unless. we've so authorized in writing...
`even
`If you or any guest or occupant violates animal restrictions (with or without your knowledge), you'll
`be subject to charges, damages, eviction, and other.rernedies provided in this lease contrace; the
`•Lease Addendum for Garage, Carport and/or Storage Unit, Paraoph 8 which states "Resident
`agrees to be fully reSponsible for any damage caused to the intetiorto the Premises, but not
`limited
`to the walls, ceiling,
`floor and the door(s); Paragraph 10 which states ``NO PLAMMA.BLE OR
`COMBUSTIBLE LIQUIDS OR GASES, BATTERIES, FIREWORKS, EXPLOSIVES OR ANY
`OTHER ITEM OR SU13STANCE, WHICH OWNER. DEEMS DANGEROUS OR
`UNACCEPTABLE, MAY BE KEPT IN THE PREMISEr; and Florida Statute 83,52 (7) which
`states that the tenant at all times during the tenancy shall "Conduct himself or herself and require
`other persons on the premises with his or her consent
`to conduct themselves, in a mariner
`that does
`not unreasonably disturb the tenant's neighbors or constitute a,breach of the peace.
`Specifically, you have three unauthorized dogs, residing in the apartment premises. These dogs have
`not been approved to live in the apartment and they must immediately and permanently be removed
`from the.premises. Additionally, on March 27, 2024, one of these dogs, believed to be the German
`Shepard or•Gertnan Shepard mix, attacked another dog. This type of aggressive behavior•by your
`pet is unacceptable and must never
`reoccur as long as this dogis on the property. You must keep all
`of these dogs on leashes, and under your control at :Ill times. Further, you are keeping a propane
`tank iri your storage unit. This is not permitted. You have been verbally warned three times to,
`this propane tank immediately from the storage facility as itis a fire hazard and is a safety
`risk. This is your final warning. You have also caused damage to the floor of the storage unit. 'You
`will bc held responsible for all damages that you caused while you have possession of the storage
`
`•
`
`•
`
`remove
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`

`

`unit. Be advised that failure to 'comply byremoving the-propane tank may result in nianagement
`terminating your right to the use of the storage unit,
`DEMAND IS HEREBY MADE THAT YOU REMEDY THE NONCOMPLIANCE WITHIN
`SEVEN (7) DAYS OF RECEIPT OF THIS NOTICE OR YOUR LEASE SI-IALL BE DEEMED
`TERMINATED AND YOU SHAII, VACATE THE PREMISES tIPON SUCH
`TERMINATION.
`
`•
`
`-
`
`This nOtice does not waive anyorhex claims. your landlord may have vainst you..
`PLEASE GOVERN YOURSELF ACCORDINGLY,
`jeijetkla 41/4'.".14141L •
`/8/Rebecca Spinale, Esq.
`Attorney for Caroline Waterford La.kes Apartments
`I cerliify that a true and correct copy of the foregoing Notice on the above named tenant(s) this
`*6" day of April 2024 at 3: 0 u
`(a.m.),Cm.) by:
`personally serving same upon said tenant.
`tenant.,
`posting same at the above-described premises in thc absence of said
`.nal\f)On
`Served by:
`cc; Caroline Waterford Lakes
`
`

`

`NikAAPARTMENT
`
`LEASE CONTRACT
`
`1411101illi1iii11ii1 ASSOCIATION
`Liud
`Wavutrpc
`
`Date of Lease Contract:
`
`July. 7, 2023
`is filled out)
`(when the Lease Contract
`Moving In — General
`
`This is a binding document. Read carefully before signing.
`Information
`
`(sometimes referred to as
`PARTIES. This Lease Contract
`the
`"lease) is between you, the resident(s) (list ali people signing the
`Lease Contract):
`Brenda Brewster,, Steven Brewster,, Stevon
`Brewster
`
`and us, the owner: Woodbury Owner,,
`
`LLC
`
`title holder). You've agreed to
`(name of apartment community or
`307,
`at 1010
`rent Apartment No.
`Constance
`Road #307
`
`Or lando
`(street address) in
`32826
`(zip code) (the 'dwelling unit" or
`(city), Florida,
`the "premlsee) for use
`as a private residence only. The terms "you''
`and ''your'' refer to all residents listed above. The terms "we," "us,"
`and 'our
`refer to the owner
`listed above (or any of owner's
`in interest or assigns), Written or electronic notice to
`successors'
`from us.
`If anyone
`from our managers constitutes notice to or
`or
`else has guaranteed performance of thisLease Contract, a separate
`Lease Contract Guaranty for each guarantor is attached.
`Q Manager of these apartments is Morgan
`The 1:1 Owner or
`Group
`
`whose address is 12000 Byronia Rd Orlando
`3282 6
`
`FL
`
`is authorized to receive
`Such person or company
`notices and demands in the landlord's behalf.
`A lease termination notice must be given in writing. Notice to the
`landlord must
`be delivered to the management office at
`the
`apartment community or any other address designated by
`management as follows:
`
`E xcep t as otherwise required by applicable law, any notice required
`by this Lease or
`law shall be in writing and shall be deemed to be
`delivered to you if: (a) delivered personally; (b)sent electronically
`via email to any email address on filo with us as provided by you;
`(c) posted to the door of your address shown above; or
`(d) mailed
`by 1.1,S. First Class Mail to your address shown above.
`OCCUPANTS. The apartment will be occupied only by you and(list;
`an other occupants not signing the Lease Contract):
`
`listed above
`No one else may occupy the apartment. Persons not
`must not stay in the apartment for more
`than
`1.4
`days
`without our prior written consent.
`if the previous space isn'tfilled
`RONo days per month is the limit,
`7/11/2023
`
`I
`
`213eat
`1 7/11/2023
`
`lona I Apartment Astpn, Inc. - 7/2023, Florin
`I 7/11/2023
`I 7/11/2023
`
`3. LEASE TERM AND TERMINATION NOTICE REQUIREMENTS.
`The initial term of the Lease Contract begins on the 1-CI
`day
`July,
`2023
`of
`and ends at 11:59 p.m.
`August,
`2024,
`the Stn
`day of
`This Lease Contract will automatically renew month-to-month
`60
`dayswritten notice of
`unless either party gives at least
`termination or
`required by this paragraph
`intent
`to move-out
`as
`and paragraph 47 (Move-Out Notice). II' the number of days isn't
`filled in, at
`least 30 days' notice is required. in the event you fail to
`provide us with the required number of days' written notice of
`to vacate coincidi ng with the lease expiration
`and intent
`termination
`date, as required by this paragraph and paragraph 47 (Move-Out
`Notice), you acknowledge and agree that you shall be liable to us
`2806. 00
`for liquidated damages in the sum of $
`(equal to
`one month's rent) if we give yau the advanced written notice
`required by Fla. Stat.§ 83.575(2). This liquidated damages amount
`is exclusive to insufficient
`under this paragraph and
`notice
`liniit collection rights
`paragraph 47 (Move-Out N otice), and does not
`with regard to other amounts potentially owed to us. If the lease
`term is not a month-to-month tenancy, we must notify you with
`60
`written notice no later than
`days before the end of the
`lease term if the lease will not be renewed.
`this Lease Contract
`Month-to-Month Tenancies:
`In the event
`on a month-to-month basis, you must pay the amount of
`renews
`rent we charge at the time the month-to-month tenancy commences
`pursuant to this paragraph and paragraph 15 (Rent Increases and
`Lease Contract Changes), inclusive of any applicable month-to-month
`at any time
`fees and/or premiums. We inay change your
`rent
`thereafter during month-to-month tenancy by giving you no less
`than 30 days' written notice. You will be required to abide by all
`notice requirements set forth in the lease and remain liable to pay
`all other applicable charges due under the lease during your month-
`tenancy unless specifically changed in writing. All sums
`to-month
`due under this paragraph shall be additional rent. We may require
`for month-to-month tenants.
`you to sign an addendum written
`Either party may terminate a month-to-month tenancy by giving
`the other party written notice no later than 30 days' prior to the
`end of the monthly rental period. If you fail to provide us at
`least
`30 days' written notice to terminate a month-to-month tenancy
`prior to the end of the monthly rental period, you shall be liable to
`for an additional 1 month's rent.
`
`us
`
`4. SECURITY DEPOSIT. Unless modified by addenda, the total security
`of this Lease Contract for all
`deposit at the time of execution
`3251. 00
`due on or before
`residents in the apartment is $
`the date this Lease Contract is signed.
`Any security deposit or advance rent you paid is being held in one
`of the fallowing three ways as indicated below [Landlord check one
`option]:
`ln aseparate NON-INTEREST bearing accountfor your benefit
`Zl 1.
`in the following bank:
`
`whose address is
`
`D 2.
`
`In a separate INTEREST bearing account
`the following bank:
`
`whose address is
`
`OR
`for your benefit in
`
`lf an interest bearing account, you will be entitled to receive and
`collect interest in an amount of at least 75 percent of the annualized
`at the rate
`average interest rate payable on such account or
`interest
`of 5 percent peryear, simple interest, whichever the landlord elects.
`Li 3.
`at the following bank
`In a commingled account
`
`whose address is
`
`provided that the landlord posts a surety bond with the
`county or s tate, as required by law, and pays you interest on
`your security deposit or advance rent at the rate of 5 percent
`per year simple interest.
`Page 1 of 10
`
`

`

`Initials of Resident. Reside nt acknowledges
`costs of late payments and damages in such instances
`are difficult
`receiving a copy of F.S. 83.49(2)(d) which provides as
`to determine. We also both agree that the amount of late rent and
`follows:
`animal violation fees charged are
`reasonable estimates of the
`YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
`'such instances.
`administrative expenses, costs, and damages we would incur in
`LANDLORD MAYTRANSFER ADVANCE RENTSTOTHE LANDLORDS
`ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU
`All of the foregoing charges will be considered to be additional rent.
`MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEWADDRESS
`SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING
`7. UTILITIES. Well pay for the following items. if checked:
`YOUR DEPOSIT.THE LANDLORD MUST MAILYOU NOTICE, WITHIN
`['gas
`ID electricity D master antenna.
`30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TO
`EJ water
`D wastewater
`Q trash
`IJ cable TV
`IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY
`Q other
`TO TH E LANDLORD STATING YOUR OBJECTION TO THE CLAIM
`WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE,
`You'll pay for all other utilities, related deposits, and any charges,
`THE LANDLORD WILL COLLECT TH E CLAIM AND MUST MAIL YOU
`fees, or services on such utilities. You must notallow utilities to be
`THE REMAINING DEPOSIT, IF ANY.
`disconnected— including disconnection for not pay ing you r bills—
`until the lease term or renewal period ends. Cable channels that
`IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
`are provided may be changed during the lease term If the change
`LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE
`applies to all residents. Utilities may be used only for normal
`A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAILTO TIMELY
`household purposes and must not be wasted. If your electricity is
`OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
`use only battery-operated lighting. If
`DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
`interrupted, you must
`ever
`any utilities are sub metered for the apartment, or prorated by an
`REFUND.
`allocation formula, we will attach an addendum to this Lease
`YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
`in compliance with state agency rules or city ordinance,
`Contract
`BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
`Resident shall not heat the apartment using gas-operated stoves
`FAVOR A ill DGMENT 1S RENDERED WILL BE AWARDED COSTS
`intended for use
`or ovens which were
`in cooking.
`AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
`Where lawful, all utilities, charges and fees of any kind under this
`THIS D1SCLOSU RE1S BASIC. PLEASE REFER TO PART II OF CHAPTER
`lease shall be considered additional rent, and if partial payments
`83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS
`are accepted by the Landlord, they will be allocated first to non-rent
`AND OBLIGATIONS.
`charges and to rent last. Failure to maintain utilities as required
`herein is a material violation of the Lease and may result
`in
`termination of tenancy, eviction and/or any other remedies under
`the Lease and Florida law.
`
`I
`
`D. INSURANCE. We do not maintain insurance to cover
`your personal
`property or personal injury. We are not responsible to any resident,
`loss of personal property or
`guest, or occupant for damage or
`personal injury from (including but not
`limited to) fire,smoke, rain,
`flood, water and pipe leaks, hail, ice, snow,
`lightning, wind,
`explosions, earthquake, interruption of utilities, theft, hurricane,
`negligence of other residents, occupants, or
`invited/uninvited
`guests or vandalism unless otherwise required by law.
`in addition, we urge all Tenants, and particularly those residing in
`coastal areas, areas
`rivers, and areas prone to flooding, to
`near
`obtain flood insurance. Renter's insurance may not
`damage
`cover
`to yourproperty due to flooding.A flood insurance resource which
`may be available includes the National Mood Insurance Program
`managed by the Federal Emergency Management Agency (FEMA).
`requiro 1:11 do not require you to get your own
`We
`insurance
`for losses to your personal property or
`injuries due to theft, fire,
`water damage, pipe leaks and the like. no box is checked, renter's
`insurance is not required.
`[check one] 0 required to purchase personal
`Additionally, you are
`liability insurance 011 not required to purchase personal liability
`If no box is checked, personal liability insurance is not
`insu ra nce.
`required. If required, failure to maintain personal liability insurance
`throughout your tenancy, including any renewal periods and/or
`lease extensions is an
`incurable breach of this Lease Contract and
`may result in the termination of tenancy and eviction and/or any
`other remedies as provided by this Lease Contract or state law.
`9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the
`out. The rekeying will be done before you
`prior resident moves
`move into your apartment.
`latches
`to change or rekey locks or
`You may at any time ask us
`during the Lease Term. We must comply with those requests, but
`you must pay for them, unless otherwise provided by law.
`Payment for Rekeying, Repairs, Etc. You must pay fora!l repairs
`or replacements arising from misuse or damage to devices by you
`or your family, occupants, or guests during your occupancy. You
`may he required to pay in advance if we notify you within a
`reasonable time after your request that you are more
`than 30 days
`delinquent in reimbursing us
`for repairing or
`replacing a device
`which was misused or damaged byyou, your guest or an occupant;
`or ifyou have requested that we repair or change or rekey the same
`device during the 30 days preceding your request and we have
`complied with your
`request. 0 therwise, you must pay immediately
`after the work is completed.
`
`Page 2 of 10
`
`5. KEYS. You will be provided
`3
`3
`apartment key (s),
`mailbox key(s),
`FOB(s), and/or
`other access
`to the building and amenities at no additional
`device(s) for access
`cost at move-in. If the key, FOB, or other access
`device is lost or
`becomes damaged during your tenancy or
`is not returned or
`is
`returned damaged when you move out, you wEl be responsible for
`the costs for the replacement and/or repair of the sante.
`6. RENT AND CHARGES. Unless modified by addenda, you will pay
`$ 2806.00
`per inonth for rent, payable in advance and without
`demand:
`CI at the on-site manager's office, or
`D at our online payment site, or
`ID at
`
`Prorated rent of $ 2057. 73
`is due for the remainder of/Check
`July
`one]: 0 lst month or Q 2nd month, on
`10
`2023,
`Otherwise, you must pay your rent on or before the 1st day of each
`month (due date) with no grace period.Cash is unacceptable without
`permission. You must not withhold or offset rent
`our prior written
`unless authorized by statute. We may, at our opt]on, require atany
`in cash, certified or
`time that you pay all rent and other sums
`cashier's check, money order, or one monthly check rather than
`any and all
`multiple checks. At our discretion, we may convert
`checks via the Automated Clearing House (AU) system for the
`purposes of collecting payment. Rent is not considered accepted,
`If the payment/ACH is rejected, does not clear, or
`is stopped for any
`reason. We may, but a re not required to, accept rent through direct
`debit, AC H or other electronic means established and approved by
`3rd
`If you don't pay all rent on or before the
`day of the
`us.
`month, you'll pay a late charge. Your late charge will he (check one)
`10 % of your
`ID a flat rate of $
`total
`or
`l
`75.00
`monthly rent payment. You'll also pay a charge of $
`for each returned check or rejected electronic payment, plus a late
`citarge. If you don't pay rent on time, or
`fail to pay a riy rent, utilities
`or contractual fees due under a prior lease if this is a renewal lease,
`you'll be del inquent and all remedies under this Lease Contract will
`be authorized. Well also have all other remedies for such violation.
`All payinent obligations under this Lease Contract shall constitute
`rent under this Lease Contract,
`We and you agree that the failure to pay renttimely or
`the violation
`of the animal restrictions results in added administrative expenses
`and added costs to us, the same as
`if we had to borrow money to
`pay the operating costs of the property necessary to cover such
`added costs. We both agree that the late fee and animal violations
`intended to be liquidated damages since the added
`provisions are
`
`IRO7/11/2023
`
`©21Zational Apartment A loggni,
`I 7/11/2022
`
`7/11/2023
`
`7/2023, FloriNg
`I 7/11/2023
`
`

`

`See any additional special provisions.
`11. EARLY MOVE-OUT. Unless modified by an addendum, if you:
`out without paying rent
`for the entire Lease
`in full
`(1)
`inove
`term or renewal period; or
`Contract
`out at our demand because of your default; or
`(2) move
`judicially evicted.
`(3) are
`You will be liable for all rent owed at the time and as it becoines
`due under the terms of your lease agreement until the apartment
`is re-rented.
`
`and "What ir Clauses
`Special Provisions
`10. SPECIAL PROVISIONS. The following special provisions and any
`15. RENT INCREASES AND LEASE CONTRACT CHANGES.
`addenda or written rules furnished to you at or before signing will
`increases or Lease Contract changes are allowed before
`No rent
`become a part of this Lease Contract and will supersede any
`the initial Lease Contract term ends, except for changes allowed
`conflicting provisions of this printed Lease Contract
`form.
`by any special provisions in paragraph 10 (Special Provisions), by
`a written addendum or amendment signed by you and us, or by
`reasonable changes of apartment rules allowed under paragraph
`19 (Community Policies or Rules). If, at
`least 5 days before the
`advance notice deadline referred to in paragraph 3 (Lease Term
`and Termination Notice Requirements), we give you written notice
`lease changes effective when the lease term or
`increases or
`of rent
`renewal period ends, this Lease Contract w 111 automatically continue
`month-to-month with the increased rent or
`lease changes. T he new
`modified Lease Contract will begin on the date stated in the notice
`(without necessity of your signature) unless you give us written
`notice under paragraph 47 (Move-Out Notice).
`move-out
`If occupancy Is or will be delayed for
`16. DELAY OF OCCUPANCY.
`a previous resident's holding
`construction, repairs, cleaning, or
`over, we're not responsible for the delay. The Lease Contract will
`remain in force subject to:
`(1) abatement of rent
`on a daily basis
`during delay; and (2) your right to terminate as set forth below.
`Termination notice must be in writing. After termination, you are
`entitled only to refund of deposit(s) and any rent paid. Rent
`abatementor Lease Contract
`does not apply if delay is
`termination
`repairs that dori't prevent you from occupying the
`for cleaning or
`apartment.
`if there is a delay and we haven't given notice of delay as set forth
`immediately below, you may terminate Lop to the date when the
`apartment is ready for occupancy, but not
`later.
`(1) If we give written notice to any of you when or after the initial
`term as set forth in Paragraph 3 (Lease Terin and Termination
`Notice Requirements)—and the notice states that occupancy
`has been delayed because of construction
`a previous
`or
`resident's holding over, and that the apartment will be ready
`the Lease Contract
`a specific date—you may terminate
`on
`within 3 days ofyour receiving the notice, but not
`later.
`(2) If we give written notice to any of you before the initial term
`(Lease Term and Termination
`forth in Paragraph 3
`as set
`Notice Requirements) and the notice states that construction
`delay is expected and that the apartment will be ready for
`you to occupy on a specific date, you may terminate the Lease
`Contract within 7 days after any of you receives written notice,
`initial
`later The readiness date is considered the new
`but not
`term as set forth in Paragraph 3 (Lease Term and Termination
`Notice Requirements) for all purposes. This new date may not
`be moved to an earlier date unless we and you agree.
`17. AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL RENT.
`Unless otherwise prohibited by law, if, during the term of this Lease,
`any locality, city, state, or Federal Government imposes upon
`tax, which is related to or charged by the nu inber
`any fee, charge, or
`of occupants, or by the dwelling unit itself, such that we are charged
`or occupancy of the
`tax, based upon your use
`a fee, charge, or
`dwelling unit, we may add this charge as Additional Rent, during
`the term of the Lease Contract, with thirty (30) days advance written
`notice to you. A fte r this written notice (the amount
`or approximate
`amount of the charge, will be included), you agree to pay, as
`Additional Rent, the amount of the charge, tax or
`fee imposed upon
`us, as a result of your occupancy. As examples, these charges can
`include, hut are notlimited to: any charges we receive for any zoning
`violation, sound, noise or
`litter charge; any charge under any
`rwisance or chronic nuisance type statute, 911 or other life safety,
`tax and any utility bill unpaid by
`per person, or per unit charge or
`for payment.
`you, which is then assessed to us
`If someone
`requests information on you
`10. DISCLOSURE RIGHTS.
`rental history for law-enforcement, governmental, or
`or your
`request, any utility
`business purposes, we may provide it. At our
`provider may give us
`information about pending or actual
`connections or disconnections ofutility service to your apartment.
`
`12. REIMBURSEMENT. You must promptly reimburse us
`for loss,
`damage, government fines, or cost of repairs or service in the
`apartment or apartment community due to a violation of the Lease
`Contractor rules, improper use, or negligence by you or your guests
`or occupants or any other cause
`fault
`not due to our negligence or
`as allowed by law, except for damages by acts of God to the extent
`they couldn't be mitigated by your action or inaction. You'll defend,
`indemnify and hold us harmless frorn all liability arising from your
`that of your invitees, your occupants, your guests, or
`conduct or
`representatives who at your request perform services not
`our
`contemplated in this Lease. Unless the damage or wastewater
`liable for—and
`stoppage is due to our negligence. we're not
`you must pay for—repairs.replacement costs. and damage to
`the following that result
`from your
`or your invitees, guests, or
`intentional acts:
`(1) damage to doors,
`occupantsnegligence or
`windows. or screens; NI damage from windows or doors left
`opem, and (3) damage from wastewater
`stoppages caused bv
`improper objects in lines exclusively serving your
`apartment.
`We may require payment at any time, including advance payment
`of repairs for which you're liable. Delay in demanding sums
`you
`is not a waiver.
`owe
`
`13. CONTRACTUAL LIEN AND PROPERTY LEFT IN APARTMENT.
`All property In the apartment or
`areas associated
`common
`with the apartment
`is (unless exempt under state statute)
`lien to secure
`subject to a contractual
`payment of delinquent
`rent. The lien will attach to your property or your property
`will be subject to the lien at the time you surrender possession
`or abandon the premises. For this purpose, "apartment" includes
`associated with the apartment and interior living
`Us,,,
`common
`areas
`patiosbalconiesattached garages, and
`areas and exterior
`for your exclusive use.
`storerooms
`Removal After Surrender or Abandonment. We or
`law officers
`may, at CAW discretion, remove, dispose and/or store all property
`remaining in the apartment or
`in common
`(including any
`areas
`vehicles you or any occupant or guest owns
`or uses) if you surrender,
`judicially evicted, or abandon the apartment (see definitions
`are
`in paragraph 52 (Surrender and Abandonment)).
`THE LANDLORD IS NOT REQUIRED TO COMPLY WITH s. 715.104.
`BY SIGNING TIOS RENTAL AGREEMENT, THE TENANT AGREES
`THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF
`POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF
`THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER
`83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE
`OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE
`TENANT'S PERSONAL PROPERTY.
`Storage. We may store, but have no duty to store, property removed
`after surrender, eviction, or abandon mein of the apartment. We're
`theft except for property
`liable for casualty loss, damage, or
`not
`removed under a contractual I len. You must pay reasonable charges
`for our packing, removing, storing, and selling any property.
`If you don't pay the first month's reet when
`14. FAILING TO PAY RENT.
`or before the Lease Contract begins, or any other rent due under
`this lease we may en d your right o f occupa ncy a nd recover
`damages,
`attorney's fees, court costs, and other lawful charges.
`
`IRO
`g 7/11/2023
`
`0
`
`213gatie ria I ApartmentAsttorn, Inc. - 7/2023,
`I 7/11/2023
`I 7/11/2023
`
`Florilasibt
`7/11/2022
`
`Page 3 of 10
`
`

`

`While You're Living in the Apartment
`19, COMMUNITY POLICIES OR RULES. You and all guests and
`is inappropriate with respect to race, gender,
`sexually explicit, or
`occupants must comply with any written apartment rules and
`sexuality, eth nicity, or other intrinsic characteristic; or
`is unrelated
`community policies, including instructions for care of our property.
`to the goods or services offered by or available at this Apartinent
`Our rules are considered partof this Lease Contract. We may niake
`is clearly false or
`inisleading. You agree not
`Community; or
`to use
`reasonable changes to written rules, effective immediately, If they
`our corporate names, slogans, images, photos,logos, Internet domain
`are distributed and applicable to all units
`in the apartrnent
`trade names. Any violation of
`trademarks, copyrights or
`names,
`coinnumity and do not change dollar amounts
`an page 1 of this
`this paragraph shall be a material breach of this Lease and will
`entitle us
`Lease Contract.
`to exercise all rights and remedies under the lease and
`law.
`20. LIMITATIONS ON CONDUCT. The apartment and other areas
`reserved for your private use must be kept clean and free of trash,
`22. PARKING. We may regulate the time, mannee and place ofpark i ng
`ga rbage, a nd other debris. Trash must be disposed of at least weekly
`trucks, motorcycles, bicycles, boats, trailers, recreational
`cars,
`in appropriate receptacles in accordance with local ordinances.
`vehicles, and storage devices by anyone. We may have unauthorized
`illegally parked vehicles towed under an appropriate statute. A
`Passageways may be used only for entry or exit. You agree to keep
`or
`areas free of obstructions such as
`vehicle is unauthorized or
`illegally parked in the apartment
`all passageways and common
`community if it:
`trash, storage items, and all forms of personal property. No person
`shall ride or allow bikes, skateboards, or other similar objects in
`(1) has a flat tire or other condition rendering it
`the passageways.Any swimmingpools,saunas,spas,tanning beds,
`(2) is on jacks, blocks or has wheel(s) missing; or
`exercise rooms, storerooms, laundry rooms, and simile r areas must
`(3) has no current license plate or
`registration and/or
`no current
`be used with care
`in accordance with apartment rules and posted
`inspection sticker; or
`signs. Glass containers are prohibited in all common
`than one parlcing space; or
`(4) takes up more
`You,
`areas.
`(5) belongs to a resident or occupant who has surrendered or
`your occupants, or guests may not anywhere in the apartment
`community: use candles or use kerosene lamps or kerosene heaters
`abandoned the apartment; or
`without our prior written approval; cook on balconies or outside;
`(6) is parked in a marked handicap space without
`or contributions. Conducting any kind of business
`or sol icit busi nese
`required handicap insignia; or
`(7) is parked in space marked for manager, staff, or guest at the
`(including child care services) in your apartment or
`in the apartment
`community is prohibited—except thatany lawful business conduc ted
`office; or
`at homeby computer, ma il, or telephone is permissible if customers,
`(8) blocks another vehicle from exiting; or
`clients, patients, or other business associates do not
`(9) is parked in a fire lane or designated ''no parking" area; or
`to your
`come
`apartment for business purposes. We may regulate: (1) the use of
`(10) is parked in a space marked for other resident(s) or unit(s); or
`patios, balconies, and porches; (2) the conduct offurn iture movers
`(11) is parked on the