On January 11, 2021 a
COMPLAINT OR PETITION Event Code 2835-Event Seq 4-Barcode ID 32903697
was filed
involving a dispute between
and
for COUNTY EVICTION
in the District Court of Brevard County.
Preview
Filing # 119398040 E-Filed 01/11/2021 02:04:58 PM
IN THE COUNTY COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY,
FLORIDA
CASE NO.
JOHN L. VENICE
Plaintiff,
VS.
MARY NAKONECZNY,
CHRISTIAN M. QUELLETTE and
DARIEL HELLERER HIRSCH,
Defendants.
/
COMPLAINT FOR REMOVAL OF TENANT
AND TO RECOVER POSSESSION
COMES NOW, the Plaintiff, JOHN L. VENICE, by and through his undersigned counsel
and sues the Defendants, MARY NAKONECZNY, CHRISTIAN M. QUELLETTE and DARIEL
HELLERER HIRSCH and alleges:
1. This is an action to evict Tenants from real property in Brevard County, Florida.
2. Plaintiff owns the following described real property in said County:
7705 South U.S. Highway 1, Titusville, Florida 32780.
3. The Plaintiff and Defendants do not have an oral and/or written agreement between
them.
4. The Defendants have possession of the property and are presently residing at
said property without the consent of the Plaintiff and against the Plaintiff's wishes.
5. The Plaintiff has repeatedly requested the Defendants to leave the premises and
the Defendants have refused to do so.
Page 1 of 2
Filing 119398040 VS 05-2021-CC-010946-XXXX-XX6. Pursuant to Florida Statutes Section 83.03(3), Defendants maintain a month-to-
month tenancy and the Plaintiff may terminate such tenancy upon proper notice.
7. Plaintiff served written notice on the Defendants on December 15, 2020, that
Defendants tenancy was terminated and that the Defendants were to vacate the above
described property and deliver possession of said premises to the Plaintiff on or before
December 31, 2020. A true copy of the 15-Day Notice to Vacate is attached hereto and made a
part hereof as Exhibit “A”.
8. That Defendants refuse to relinquish possession of the above-described property
after the expiration of the notice and without permission of Piaintiff and are now hold-over
tenants.
Q. The Plaintiff is entitled to immediate possession of the above-described-property.
WHEREFORE, Plaintiff demand Judgment for possession of the property against the
Defendants and removal of the Defendants.
Dated this 11" day of January 2021.
TONY HERNANDEZ, Ill, Esquire
Attorney for Plaintiff(s)
503 N. Orlando Avenue, Suite 106
Cocoa Beach, Florida 32931
Telephone No. (321) 799-3971
lawoffice@th3law.com
Florida Bar No.: 0880930
Page 2 of 2
Filing 119398040 VS 05-2021-CC-010946-XXXX-XXEXHIBIT “A”
FIFTEEN (15) DAY NOTICE TO VACATE
Pursuant to Florida Statutes Section 83.03(3) you are a month to month lease
or any contract that will expire for the property referenced in this notice.
You are hereby notified pursuant to Florida Statutes Section 83.03 (3) that
your tenancy for this property will terminate at the below date. Be advised
that we will not renew your tenancy.
To: Mary Nakoneczny, Christopher Quellett, and
Dariel Hellerer Hirsch.
Address: 7705 South US-1, Titusville, FL 32780.
YOU MUST VACATE BY
DECEMBER 31, 2020.
Florida Statutes Section 83-06, 08, provides that if you fail to return your keys, vacate the
subject premises, or remove all of your possessions by that date, the landlord is entitled to
demand double rent, possession, costs and attomey fees, and shall have a lien on your
property for such amounts. Be advised that you are also liable for any damage to the subject
premises.
I certify that a copy of this notice has been furnished to the above named tenant on the
18th day of December 2020 by
Date this notice served upon tenant-—-must be at least 15 days before the end of the monthly rental period
M personal delivery
/ posting in a conspicuous place on the premises as tenant was absent from
the rented premises.
Signed'by Person Delivering this notice
Landlord name: JOHN L. VENICE
Address: 513 Seacrest Avenue
Merritt Island, FL 32952
Phone: (321) 759-9475
#634 GH
12/15/20 @ 11:30am Revd.
12/15/20 @ 12:20pm Not present.
12/15/20 © 6:30pm All 3 parties served in hand while loading items into a pickup truck.
iso posted on left and right front doors. }-2021-CC-010946-XXXX-XX
Filing 119398040 ese ps ig) 05-2021-C
Document Filed Date
January 11, 2021
Case Filing Date
January 11, 2021
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Filing # 119398040 E-Filed 01/11/2021 02:04:58 PM IN THE COUNTY COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CASE NO. JOHN L. VENICE Plaintiff, VS. MARY NAKONECZNY, CHRISTIAN M. QUELLETTE and DARIEL HELLERER HIRSCH, Defendants. / COMPLAINT FOR REMOVAL OF TENANT AND TO RECOVER POSSESSION COMES NOW, the Plaintiff, JOHN L. VENICE, by and through his undersigned counsel and sues the Defendants, MARY NAKONECZNY, CHRISTIAN M. QUELLETTE and DARIEL HELLERER HIRSCH and alleges: 1. This is an action to evict Tenants from real property in Brevard County, Florida. 2. Plaintiff owns the following described real property in said County: 7705 South U.S. Highway 1, Titusville, Florida 32780. 3. The Plaintiff and Defendants do not have an oral and/or written agreement between them. 4. The Defendants have possession of the property and are presently residing at said property without the consent of the Plaintiff and against the Plaintiff's wishes. 5. The Plaintiff has repeatedly requested the Defendants to leave the premises and the Defendants have refused to do so. Page 1 of 2 Filing 119398040 VS 05-2021-CC-010946-XXXX-XX6. Pursuant to Florida Statutes Section 83.03(3), Defendants maintain a month-to- month tenancy and the Plaintiff may terminate such tenancy upon proper notice. 7. Plaintiff served written notice on the Defendants on December 15, 2020, that Defendants tenancy was terminated and that the Defendants were to vacate the above described property and deliver possession of said premises to the Plaintiff on or before December 31, 2020. A true copy of the 15-Day Notice to Vacate is attached hereto and made a part hereof as Exhibit “A”. 8. That Defendants refuse to relinquish possession of the above-described property after the expiration of the notice and without permission of Piaintiff and are now hold-over tenants. Q. The Plaintiff is entitled to immediate possession of the above-described-property. WHEREFORE, Plaintiff demand Judgment for possession of the property against the Defendants and removal of the Defendants. Dated this 11" day of January 2021. TONY HERNANDEZ, Ill, Esquire Attorney for Plaintiff(s) 503 N. Orlando Avenue, Suite 106 Cocoa Beach, Florida 32931 Telephone No. (321) 799-3971 lawoffice@th3law.com Florida Bar No.: 0880930 Page 2 of 2 Filing 119398040 VS 05-2021-CC-010946-XXXX-XXEXHIBIT “A” FIFTEEN (15) DAY NOTICE TO VACATE Pursuant to Florida Statutes Section 83.03(3) you are a month to month lease or any contract that will expire for the property referenced in this notice. You are hereby notified pursuant to Florida Statutes Section 83.03 (3) that your tenancy for this property will terminate at the below date. Be advised that we will not renew your tenancy. To: Mary Nakoneczny, Christopher Quellett, and Dariel Hellerer Hirsch. Address: 7705 South US-1, Titusville, FL 32780. YOU MUST VACATE BY DECEMBER 31, 2020. Florida Statutes Section 83-06, 08, provides that if you fail to return your keys, vacate the subject premises, or remove all of your possessions by that date, the landlord is entitled to demand double rent, possession, costs and attomey fees, and shall have a lien on your property for such amounts. Be advised that you are also liable for any damage to the subject premises. I certify that a copy of this notice has been furnished to the above named tenant on the 18th day of December 2020 by Date this notice served upon tenant-—-must be at least 15 days before the end of the monthly rental period M personal delivery / posting in a conspicuous place on the premises as tenant was absent from the rented premises. Signed'by Person Delivering this notice Landlord name: JOHN L. VENICE Address: 513 Seacrest Avenue Merritt Island, FL 32952 Phone: (321) 759-9475 #634 GH 12/15/20 @ 11:30am Revd. 12/15/20 @ 12:20pm Not present. 12/15/20 © 6:30pm All 3 parties served in hand while loading items into a pickup truck. iso posted on left and right front doors. }-2021-CC-010946-XXXX-XX Filing 119398040 ese ps ig) 05-2021-C