|
`Fil.EDquryRAt
`MUNoanisioN i
`ENS
`IN THE MONTGOMEY COUNTY MUNICIPAL COURT
`= \
`nai rex 24 pH 2
`
`EASTERNDIVISION
`
`(ion|!|
`| |
`
`Comtech Realty, LLC
`Agent for Wilga Christa Lothes
`1403 Business Center Court
`Dayton, Ohio 45410
`
`Plaintiff
`
`-VS-
`
`AmandaStringfield and
`ALL OTHER OCCUPANTS
`4930 Larchview Drive
`Huber Heights, Ohio 45424
`
`Defendant
`
`caseno. Wal CVAGSS”
`
`EVICTION
`COMPLAINT
`
`Oe eR oe oi os 2s oo oe ooo oe OB fe oo eo 9 oe oe oo oo KE oR KE OK EE EK
`
`1. The Defendant entered into possession of the premises hereinafter described as
`tenant of Plaintiff, under a rental agreement a copy of which is attached hereto as Exhibit
`cA”.
`
`2. The premises for which possession is soughtis located at: 4930 Larchview
`Drive, Huber Heights, Ohio 45424.
`
`3. On May 13, 2021, Plaintiff served or caused to be served, a notice in writing to
`vacate said premises to the Defendant for non-payment of rent, a copy of whichis
`attached hereto, madea part hereof and marked as exhibit “B”.
`
`4, Defendant is now unlawfully and forcibly detaining possessionof said
`premises from Plaintiff whois entitled to possession.
`
`WHREFORE,Plaintiff demands judgmentagainst Defendantfor restitution of the
`
`premises andcosts ofthis action.
`
`A ormeys for Plaintiff
`1240 Stanley Avenue
`Dayton, Ohio 45404
`(937) 278-0651
`
`

`

`LEASE AGREEMENT
`
`EXHIBIT “A”
`
`This lease is madethis day of June-12, 2019 by and between Comtech Realty LLC as agent for Wilga
`
`Lothes (Landlord) and AmandaStringfield (Tenant). The covenants andconditions stated in the Lease
`
`shall bind both the Landlord andthe Tenant, jointly and severally.
`
`1. PREMISES LEASED. The Tenant, in consideration. of the rent to be paid, and covenants and
`agreements to be performed bythe Teriant do hereby lease the following described premises located
`at: 4930 Larchview Dr. Dayton OH 45424. The premises shall include the following personal
`property owned by the Landlord: Range, Refrigerator, Dishwasher, Microwave (in shed) &
`Washer/Dryer. Please note that the washer & dryer are not warranted, theowner reserves the
`right to not replace or repair them.
`.
`
`2. LEASE TERM.The Tenantagrees to occupy said Premises for an original term commencing June
`12, 2019, and ending June 30, 2020. The lease shall automatically renew on a month-to-monthbasis
`unless notice is given as stated in paragraph#7.
`
`3. RENT. The Tenant agrees to payas rent for said premises the total sum of $1150.00 + $65 water
`escrow dollars per month to be paid in advanceofthe first day of each month duringthe said term.
`Ail payments ofrent shall be made to Comtech Realty and mailed or delivered to: 1403 Business
`Center Ct... Dayton, Ohio 45410 or at such other place as Landlord may hereafter designate in
`writing. Payments are credited when received and not by the postmark. Pro-rated rent of $3728.00 +
`$35.00water escrow dollars shall cover the period from July 1, 2019, to July 31, 2019.
`
`If rent is received after the third day ofthe montha late fee.shall be charged of $100.00. If payment
`is made by checkthat is returned by the bank, the Tenant agrees to pay a charge of $25.00 in addition
`to the initial late charges, ifapplicable.
`
`The Tenant agrees further that acceptanceor refusal by the Landlord ofthe rent paymentafter the due
`date shall in no manner constitute a waiver of the Landlord’s rights in the event of the Tenant’s
`failure to make rental payments as agreed, nor shall it be considered as a change in the date upon
`which the Tenantis to pay rent
`
`4. OCCUPANCY. Thé Tenantagrees that only those persons listed below shal! occupy the Premises:
`=5S
`Name:
`Date ofBirth
`Date ofBirth
`
`AmandaStringfield
`09/09/1989
`
`Brennen Clark age7
`
`Enaleigh Clark age3
`
`
`
`
`
`The Tenantagrees. that the Premises are to be occupied for residential purposes only. The Premises
`shall not be used or allowed to be used for any unlawful purpose, or for any purpose deemed
`hazardous bythe Landlord because of fire or any other risk or in any other manner, which would
`disturb the peaceful, quiet enjoyment of any other occupant of the community of which the Premises
`are a part. The Landlord reservesthe right of eviction for theillegal manufacture, distribution, use or
`otherillégal activities in connection with controlled substances.
`
`5. SECURITY DEPOSIT. Thc Tenant agrees to deposit with the Landlord the sum of $1150.00, as a
`security for his or her faithful performance under the Lease and-by law. The Tenant agrees the
`deposit is not an advance paymentof rent and does not relieve the obligation to pay rent including
`rent for the last month of occupancy. The Landlord, at the expiration of the Lease or hold-over
`tenancy, may apply the security deposit for past due rent, fees, utilities, and/or for the cost of
`|
`
`(1)
`
`

`

`address upon vacating thePremises.. The Landlord agreesto returnto the Tenantthe securitydeposit,.
`or whatever part has not been applied: in payment of any Tenant obligation under the Lease, within:
`thirty (30) days after delivery of possession:of the Premises tothe Landlord:
`
`6. KEYS. The Tenant will be provided (insert number)22 ‘entry key(s),. n/a mailbox key(s), and n/a
`other key(s)for n/a. There will be a $35 re-keying charge’for any of these keys notbeirig returned
`uponvacating.
`
`.
`|
`,
`7. MOVE OUT NOTICE AND RENEWAL. Upon expiration of the Lease,the Lease shall be
`automatically renewed on a month-to-month basis. At least thirty (30) days prior to renewal due date,
`written notice ofintent to move out must be given to the Landlord or the Landlord’s agent. Verbal
`notice’is not sufficient.
`
`8.. UTILITIES. Responsibility for paymentofutilities. is indicated-as follows — Landlord (L), Tenant
`(T) or Not Applicable (N/A): Gas T, Electric T, Water T; Sewer I, Trash T; OtherIT. The Tenant
`agrees to pay forall other utilities, related deposits and charges on the Tenant’sutility bills. The
`Tenant shall notallowutilities, other than’cable TV,to be disconnected by any means.(including non-
`paymentofbill) until the end of the Lease:term or renewal period. Disconnection ofthe water, sewer,
`electric or gas service due to non-payment by the Tenant for more than five (5) days shall be
`considered material: non-compliance under paragraph #17.i
`.
`|
`9. PETS. There.shall be no dogs, cats, or pets of any Kind permitted in, on, or about the Premises (even
`temporarily),.unless the Landlord agrees in writing.
`|
`10. INSURANCE. Tenantwill be responsible for insuring; all of the Tenant’s personal property within
`the Premises, It is required for the tenant(s) to purchasearenter’s insurance policy, and the
`Tenant herebyrelieves:the Landlord ofall riskthat:can be insured thereunder.
`11.USE AND ASSIGNMENTS/SUBLETTING. The Tenantagrees that the Premises shall be used
`only as a dwelling unit.and for no other purpose; nor shall Premises or any part thereof be sublet or
`assigned, nor shall the numberor nameof occupants be increased or changes, without written consent
`of the Landlord.
`t
`
`12. TENANT’S DUTIES. The Tenant shall:
`
`permits.
`
`A. Keep the Premises:that he/sheoccupies and uses safe.andsanitary.
`B. Dispose-ofall rubbish, garbage, and other waste in a clean,safe and sanitary manner approved by
`the Landlord.
`C. -Keep.all plumbing,fixtures in: the premises -or wed by the Tenant as clean as their condition
`D. Use. and operateall electrical, heating,airconditioningand plumbingfixtures properly.
`E, Comply with the requirements. on Tenants byall applicable state and local housing, health and
`safety codes.
`F. Personally refrain,and forbid anyother person whois on the Premises with his/her permission,
`.
`from intentionally or negligently destroying, defacing, damaging, or removing any fixture,
`appliance or, other part of the Premises.
`G. Maintain in good working order and.condition any range, refrigerator, washer, dryer, dishwasher,
`- or.other appliances:supplied by the Landlord.
`H. Promptly notify the Landlord ofthe need for repairs.’
`_
`Conduct him/herself and require other persons on Premises with their consent to conduct
`themselves in a mannerthatwill riot-disturbhis neighbors “peaceful enjoyment” of the Premises.
`‘ Ténant shall regularlytest all smoke detectors & carbon monoxide detectors; supply electric
`current thereto (battery or electric. current), and notify Landlord in writing of any mechanical
`failure or need for repair.
`
`J.
`
`@)
`
`|
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`

`

`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`18.
`
`g9np
`
`LANDLORD’S DUTIES. The Landlord shall:
`A. Comply with the requirements of all applicable building, housing, health and safety codes that
`materially affect health and safety.
`l
`Makeall necessary repairs and maintain the Premisesin a fit and habitable condition.
`Keepall commonareas of the Premises in a safe and sanitary condition.
`. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating,
`ventilating and air-conditioning fixtures.and appliances, and elevators, supplied, or required to be
`supplied by the Landlord.
`E. Supply adequate utilities and services as indicated in paragraph8.
`F. Landlord shall furnish and repair smoke detectors as required by law.
`
`CONDITIONS OF PREMISES AND ALTERATIONS. The Tenantaccepts the Premises AS IS,
`except for conditions materially affecting health or safety of ordinary persons, and the Landlord
`makes no implied warranties. The Tenant shall use customary diligence in care of the apartment.and
`common areas. Whenever damage is caused by the Tenants, or the Tenant’s guests, due to
`carelessness, misuse, neglect, or failure to notify the Landlord of any need for repairs, the Tenant
`agreesto pay (1) the cost of all repairs promptly; and (2) rent for the period the. unit is damaged
`whetheror not the unit is habitable. The Tenant may not perform any repairs, painting, wallpapering,
`carpeting, electrical changes, or other alterations to the property except as authorized by the Landlord
`in writing. No holes or stickers are allowed except for a reasonable number of small nail holes for
`picture hanging are permitted. No water furniture, antennaes, additional phone or TV cable outlets,
`alarm systems, or lock changes, or rekeying shall be permitted except by the Landlord’s written
`consent. The Tenant shall not disable, disconnect, alter or remove the Landlord’s property, including
`security devices, alarm systems, smoke detectors, appliances, furniture, or screens. The Tenant shall
`surrender the Premises in the same condition as when received, reasonable wear accepted.
`
`WHEN THE LANDLORD MAY ENTER. The Landlord, or the Landlord’s representatives. may
`peacefully enter the Premises during reasonable times for the purpose of maintenance, pest control,
`periodic inspections, appraisals, or showing the premises to prospective renters or buyers, provided
`notice has been given to the Tenant twenty-four (24) hours prior to entry. The Landlord reserves the
`right to enter the Premises without notice in case of emergency.
`
`NON-LIABILITY. The Tenant acknowledges that any security measures provided by the Landlord
`are not a guarantee against crime. The Landlord shall not be liable to the Tenant or the Tenant's
`guests for injury, damagedor loss to person or property caused by criminal conduct of other persons,
`including theft, assault, vandalism, or other crimes. The Landlord shall not be liable to the Tenant or
`guests for personal injury or damageor loss. of personal property from fire, flood, water leaks, rain,
`hail, ice, snow, smoke, lightning, wind, explosions, and interruption ofutilities unless caused by the
`Landlord’s negligence. The Landlord has no duty to removeice, sleet, or snow; but the Landlord
`may do so in wholeorin part, with or without notice.
`.
`
`DEFAULT BY. THE TENANT.In the event the Tenant is in default of any of the terms or obligations
`of the Lease, then said default shall constitute grounds for termination of the Lease. and/or eviction by
`the Landlord. It is expressly understood and agreed that the Tenantshall be liable for any deficiency in
`rent until the Lease expires or until the Premises are leased by another acceptable Tenant. The Tenant
`shall also be and remain liable for any expense incidentalto reletting, cleaning costs beyond normal
`wearand tear, trash removal, ‘painting costs, utilities, or any other damages and costs which the
`Landlord has sustained by virtue of the Tenant’s use and occupancy of the Premises or default underthe
`Lease. Providing any false information on the rental application shall also constitute default.
`l
`
`DEFAULT BY THE LANDLORD.If the Landlordis ‘in default of the obligations imposed by the
`Lease, the Tenant may terminate the Lease by following these procedures (as directed by Revised
`Code 5321.07; (1) the Tenant shall make written request to the Landlord or Landlord’s agents for
`repair or remedy of the condition within a reasonable time, and all rents must be current at such time;
`after receiving the request,
`the Landlord shall have the reasonable timé to repair, or remedy,
`(3)
`
`

`

`-considering the nature of the problem and reasonable availability of materials, labor and utilities,
`(reasonable time is considered to be not more than thirty (30) days; if such'time.has passed andif the
`Landlord has. not madea diligent effort to repair or has|not reported on the progress ofremedy, then
`the Tenant may deposit all rent that is due, on or before the due date, with the Clerk of Courts of the
`Municipality or County having jurisdiction or (2) the | Tenant may give written notice of intent to
`terminate the Lease unless the repair is made within thirty (30) days.
`
`19. ENTIRE AGREEMENT. The Lease and attached Addendalisted. in Paragraph 22 are the entire
`agreement between the Landlord and the Tenant. No representations oral or written, not contained
`herein or attached hereto, shal! bind either party.
`
`20. SEVERABILITY.If any portion of the Lease is found to be void, unenforceable, or against public
`policy, the remaining portions of the Lease shall not be affected.
`
`21. BINDING EFFECT. The Lease jis binding on the Landlord and the Tenant and on their respective
`heirs, successors, executors, and administrators.
`\
`
`22, ADDENDA:Thefollowing addenda andother provisionsattached are a part of the Lease as initialed
`below by Tenant and Landlord.
`
`Landlord
`Tenant
`
`
`1)
`2)
`3)
`4)
`3)
`
`Movein Inspection form
`Smoke Detector Addendum
`Pet Addendum
`
`__
`—__
`
`23. OTHER PROVISIONS. If your water andortrashbill-exceeds the amount
`you
`pay
`in escrow.
`
`we will increase yourescrow amount to accommodate ouraveraged water and ortrash bills.
`
`
`CAUTION TO ALL PARTIES: THE LEASE, WHEN SIGNED BY ALL PARTIES,IS A
`BINDING LEGAL OBLIGATION. DO NOT SIGN WITHOUT FULLY UNDERSTANDINGIT.
`CONSULT AN ATTORNEYIF YOU HAVE ANY QUESTIONS.
`
`The. said Landlord and Tenant have executed the Lease in duplicate on the day and year first written
`above.
`
`LANDLORD:
`
`AGENT: Comtech RealtyLLC
`1A03 Business Center Ct.
`Payton;4Z
`
`410 - Printed Name
`
`(C
`
`2
`
`Printed Name
`
`7
`
`,
`
`Signature
`
`Printed Name
`
`
`
`EQUAL HOUSING OPPORTUNITY. LANDLORD MAKES. THIS HOUSING AVAILABLE
`WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, FAMILIAL
`STATUS,DISABILITY (HANDICAP), MILITARY STATUS, OR ANCESTRY.
`
`
`(4)
`
`
`
`

`

`|
`Comtech Realty
`1403 Business Center Court, Dayton, Ohio 45410
`Phone (937) 227-2929
`|
`Fax (937) 227-2930
`Email: office@comtechrealty.com
`|
`
`EXHIBIT “B”
`
`AmandaStringfield, et.al.
`4930 Larchview Drive
`
`NOTICE TO LEAVE THE PREMISES
`You will please notice that we want you on or before May 18, 2021 to leave the
`premises you now occupy, and which you have rented from Comtech Realty.
`
`Situated and described as follows:
`
`4930 Larchview Drive
`Huber Heights, OH 45424
`
`Grounds:Failure to Pay Rent/Account Balance..
`
`
`
`
`
`YOU ARE BEING ASKED TO LEAVE THE PREMISES. IF YOU DO NOT LEAVE, AN
`EVICTION ACTION MAYBE INITIATED AGAINST YOU. IF YOU ARE IN DOUBT
`REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS AS A TENANT,IT IS
`RECOMMENDEDTHAT YOU SEEK LEGAL ASSISTANCE.
`
`Date 5/13/2021
`
`Comtech Realty LLC _, Landlord
`
`Landlord’s Address 1403 Business Center Court
`
`Dayton, Ohio 45410
`
`

`

`
`
`IN THE MONTGOMERY COUNTY COURT
`|
`
`Case No.
`
`Plaintiff
`Comtech Realty, LLC
`Property Managerfor Wilga (Christa) Lothes
`ts
`-VS-
`
`Defendant
`|
`Amanda Stringfield
`KK KK KKAKKKRERKEKKKKEREKEREREREREREREREREEERRRRER
`
`LANDLORD’S AFFIDAVIT
`
`STATE OF OHIO
`COUNTY OF MONTGOMERY, SS:
`
`The undersigned, Brittney Chenault being first duly sworn and cautioned
`according to law states that she is the authorized agent for Comtech Realty, LLC, the
`landlord of the premises described in the complaint and that she has personal
`knowledge of the facts contained herein andthatif called to testify in this matter she
`would state:
`
`(1) That the Defendant (s) have substantially violated the
`rental agreementbyfailure to pay rent
`
`(2) That notice pursuant to R:C. 1923.04 (3-day Notice)
`wasdelivered or posted in a secure and conspicuousplace at
`the subject premises on 5/13/2021.
`
`(3)
`
`Thatall of the allegations in Plaintiff's
`
`Complaint are true.
`Sworn to beforeDas and subscribedi
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`said MeLTI Hel?this
`fects"
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`dasare
`
`
`2021.
`
`=a
`
`|
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`
`yiGondSion has no expiration date
`Section 147.03 O.R.C.
`
`