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  • FRANKLIN STREET RESIDENTIAL AS MANAGER FOR PARK PLACE APTS vs CHARLES TRAVISEVICTION/DISTRESS FOR RENT - OR REMOVAL OF TENANT (NON-MONETARY) Division: CC-C document preview
  • FRANKLIN STREET RESIDENTIAL AS MANAGER FOR PARK PLACE APTS vs CHARLES TRAVISEVICTION/DISTRESS FOR RENT - OR REMOVAL OF TENANT (NON-MONETARY) Division: CC-C document preview
  • FRANKLIN STREET RESIDENTIAL AS MANAGER FOR PARK PLACE APTS vs CHARLES TRAVISEVICTION/DISTRESS FOR RENT - OR REMOVAL OF TENANT (NON-MONETARY) Division: CC-C document preview
  • FRANKLIN STREET RESIDENTIAL AS MANAGER FOR PARK PLACE APTS vs CHARLES TRAVISEVICTION/DISTRESS FOR RENT - OR REMOVAL OF TENANT (NON-MONETARY) Division: CC-C document preview
  • FRANKLIN STREET RESIDENTIAL AS MANAGER FOR PARK PLACE APTS vs CHARLES TRAVISEVICTION/DISTRESS FOR RENT - OR REMOVAL OF TENANT (NON-MONETARY) Division: CC-C document preview
  • FRANKLIN STREET RESIDENTIAL AS MANAGER FOR PARK PLACE APTS vs CHARLES TRAVISEVICTION/DISTRESS FOR RENT - OR REMOVAL OF TENANT (NON-MONETARY) Division: CC-C document preview
  • FRANKLIN STREET RESIDENTIAL AS MANAGER FOR PARK PLACE APTS vs CHARLES TRAVISEVICTION/DISTRESS FOR RENT - OR REMOVAL OF TENANT (NON-MONETARY) Division: CC-C document preview
  • FRANKLIN STREET RESIDENTIAL AS MANAGER FOR PARK PLACE APTS vs CHARLES TRAVISEVICTION/DISTRESS FOR RENT - OR REMOVAL OF TENANT (NON-MONETARY) Division: CC-C document preview
						
                                

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16-2020-CC-008283-XXXX-MA Div: CC-C Filing # 115080218 E-Filed 10/16/2020 09:19:26 AM IN THE COUNTY COURT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NUMBER: DIVISION: FRANKLIN STREET RESIDENTIAL AS MANAGER FOR PARK PLACE APTS., sPLAINTIFF -VS- CHARLES TRAVIS, ,DEFENDANT(S) COMPLAINT TO EVICT TENANT The Plaintiff sues the Defendant(s) and alleges: 1 This is an action to evict a person from real property in Duval County, Florida, 2. Plaintiff is the Agent/Manager of the owner and acting on said person's behalf of the property that is the subject of this action which is located at: 7562 HABERSHAM CIRCLE NORTH, #6 JACKSONVILLE, FLORIDA 32216 Further, see Arcos y, Laramar, Case Number 2019-AP-10, in Duval County, Florida 3. The Defendant(s) has/have possession of said property under a written agreement, a copy of which is attached hereto, to pay rent of $815, monthly (which may or may not include concessions given), on the first day of each month. Defendant(s) failed to pay rent due on SEPTEMBER 1, 2020 THROUGH OCTOBER 1, 2020, Plaintiff served the Defendant(s) with a notice on 10/7/2020 to pay rent or deliver possession of said property; however, Defendant(s) has/have failed to do either. 6. The Plaintiff files this complaint with permission of the owner of the property. Plaintiff has obligated itself to pay their attorney a reasonable fee for the bringing of this action. Both Florida Law and the lease agreement require that the tenants/Defendant(s) reimburse the Plaintiff for attorney fees and Court costs expended in this matter, WHEREFORE, Plaintiff demands judgment for possession of the property, reimbursement for attorney fees and court costs and for such other further relief as the Court may deem appropriate. \s\ DaleG. Westling,S: DALE G. WESTLING, SR., P.A. ATTORNEY FOR PLAINTIFF 331 EAST UNION STREET JACKSONVILLE, FLORIDA 32202 (904) 356-2341 pleadings@dalewestling.com FLORIDA BAR #203262 ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 10/16/2020 02:58:04 PM Three Day Notice to Pay Rent or Deliver Possession 10/7/2020 To: Charles Travis 7562 Habersham Circle N Apt # 6 Jacksonville, FL 32216 YOU ARE HEREBY NOTIFIED THAT YOU ARE HNDESTED TOUS IN THE SUM OFSB PERREG for the rént and use ofthe above referenced premises In Duval County, Flaride, how occupied by you and that we demand payment of said rent or that you surrender possession of the sald pre mises within 3 (three) days (excluding saturday, Sunday, and legal holidays), from the date of delivery of this notice, to wit: i On or befor Please be advised, pursuant to your rental a greement, additional tate fees may be assessed to this amount each day until the balance (s paid in full. Your failure to comply with this notice say result in eviction proceeding s being instituted against you rf pursuant to Section 83 Flo fa Statues, Wo will retake possession for your ara evicted. You will be held \iable for past due rent, and future rent due account In the event you vacate or under the full term of your rental agreement minus any rent fecelved from re-rentin ig the premises, any charges due under the terms of your rental agreement, damagesito the premises, Atal rney's fees and court costs, Park Place Apartments 7514 Hogan Rd { Jacksonville, Fl. 32216 | (904) 725-8033 i Trenni fey 2 viens Landlord or Agent \Print & Sign)” Sys —Th) ) v ti ice I certify that a coy of the ab e notice was: {) Delivered to: i4 by hand. , | (8) Posted on the premises described! ahove in the tenant's alisence, [' site S APARTMENT LEASE CONTRACT amnst nda Meee ASU Date of Lease Contract J 202 (when the Lease Contracts filled aut) This is a binding document. Read carefully before signing. l me Moving in— ‘General Information: aS See 4, PARTIES, ‘This Lease Contract (sometimes referred to as the 3, LEASE TERM AND TERMINATION NOTICE REQUIREMENTS. “lenso") {s between you, the rosident(s) (list all people slgning the ‘The initial term of tho Lease Contract begins on the_1et__ day Lease Contract) of —___duly_ ‘and ends at 11:59 pm, harles R Travis the 30th day of, Sune This Lease Contract will automatically renew month-to-month unless either party givesat least__60_ days’ written notice of termination orintent to mave-outas required by this paragraph and paragraph 47 (Move-Out Notlco}, Ifthe number of days isn't filled in, at least 30 days’ notice is required, In the event you fall to provide us with the required mnmbor of days' written notice of termination and IntentLo vacate coinciding with the lease expiration date,as required by this paragraph and paragraph 47 {Move-Out Notice), you acknowledge and agree thatyou shall be liable to us for liquidated damages in the sumof$__1630,00__ (equal to one month's rent) [fwe give you the advanced written notice required by Pla, and us, the owner: JHI Park Place, LLC, d/b/a Stat, § 93,575(2). This liquictated damages amount Is exclusive to rk Place Apartments insufficient notice under this paragraphand paragraph 47 (Move- Out Notice), and does not Hit eollection rights with regardto ather amounts potentially owed to us, {f the lease term is not a month- to-mouth tenaney, we must notify you with writtennotice no later than _60___days before theend of the lease term if the lease will Game of apartment commeaity or titleholder). Youve agreed to tent Apartment No. at, not be renewed, Haborsham Circle N Month-to-Month Tenancies: In the event this Lease Contract Yenows on a month-to-month basis, you must pay the amount of Girect address) i Jacksonville vent we chargeat the time the month-to-month tenancy commences (city, Plorkia, _ 32236 (aip code) (the "dwelling unit” or pursuant to thlsparagraph and paragraph 15 (Rent increases and the" premises") for use asa private residence only. The terms"you” "m Lease Contract Chhnges), inclusive of any applicable month-to-month and "your" refer to allresidents listed above, The terms “we,” “us,” fees and/or premiums, We may change your rent at any time and “our refer to the owner listed above (or any of owner's thereafter curing a month-to-month tenancy by givingyou no less successors in Interest or assigns). Written ar electronic notice to than 30 days’ written notice. You will be required to abide by all or from our managers constitutes notice to or from us, I enyone notice requirements set forth In the lease and remain Mable to pay dsehas guaranteed performance of this Lease Contract, aseparate all other applicable charges due under the lease during your month- Lease Contract Guaranty for each guarantor Is attached. to-month tenancy unless specifically changed In writing,All sums The O Owner or &) Manager of these apartments is ExankLin. due under this paragraph shall be additional rent, We may require Street you to sign an addendum written for month-to-month tenants. Eithor party may terminate a month-to-month tenancy by giving the other party written notice no later than 15 days’ prior to the whose address is Ste 200 end of the monthly rental period. Ifyou fail to provide usat least Tampa FL 33609 15 days’ wrltten notice to terminate a month-to-month tenancy prior la the end of the monthly rental period, you shall be liable to Such person or company Is wuthorized to receive us for an additional 1 month's rent. notices and demands in the landlord's behalf. Alease termination notice must be given in writing, Notice to the 4, SECURITY DEPOSIT, Unless modified by addenda, the total landlord must be delivered to the management office at the security deposit at the lime of execution of this Lease Contract for apartment community er any other address designated by all residents in Uhe opartmentis $ duecnorbefare management as follows:. oa the date this Lease Contract is signed. jacksonville Avy security deposit or advance rent you pald ts being held in one ofthe following three ways us indicated below [Landlord checkone Notice to the tenant must be delivered to the Rosident's address as option]: shown above. 1. Inaseparate NON INTEREST bearingacsount for your benefit 2, OCCUPANTS. The apartment will be occupied only by you and intho following bank; Valor (istall other occupants not slgning the Lease Contract): whose addressis$13_E, Whiting Street, 602, sOR (2. Ma separate INTEREST bearing account for your benefit In tho following bank whose address is . Iau interest bearing account, you will be entitled to receive and collect interest in an amountof at least 75 percent ofthe annualized: average interest rate payable on such accountor interest at the rate No one else may occupy the apartinont, Persons not listed shore of5 percent per year, simple interest, whichever the landlord elects. must not stay In the apartment for more than 3, Inecommingled account at the following bank. ‘withaul ur prior written consent. if the provious space tsn't fied in, two days per month Is the limit. whose addressis, provided thatthe landlord posts a surety bond with the county or stato, 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. ©2019, National Apartment Association, Ine, Page Lord a Initials of Resident, Resident acknowledges provisions are Intended to be liquidated damages since the added receiving a copy of FS, 03.49(2)(d) whlch provides as follows: costs of late payments and damages Insuch Instances are dififcult lo determine, We also both ugree that the amount of ate rent and YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS, THE animal violation fees charged are reasonable estimates of the LANDLORD MAY TRANSFER ADVANCE RENTS T0 THE LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE, WHEN YOU eduninistrative expenses, costs, and damages we would fnewr In MOVE OUT, YOU MUST GIVB THE LANDLORD YOUR NEW ADDRESS such instances, SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING All ofthe foregoing charges will be considered to be additional rent, YOUR DEPOSIT, THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THELANDLORD'S INTENTTO 7 UTILITIES, We'll pay for the following items, ifchecked: IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY water gus Q electricity master antenna, TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM Q wastewater O trash Q cableTV WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, Q other, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU Yau'll pay for ull other utilities, related deposits, and any charges, ‘THE REMAINING DBPOSIT, IF ANY, fees, or serviceson such utilitles, You must not allow utilities tobe IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE disconnected— including disconnection fornot paying your bills— LANDLORD MUST RETURN THB DEPOSIT BUT MAY LATER FILE until the lease term or renewal perlod ends, Cable channels that ALAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY are provided may be changed during the lease term if the change OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE applies to all residents. Utilities may be used only for normal DEPOSIT, BUT YOU MAY LATER PILE A LAWSUIT CLAIMING A household purposes und must not be wasted. If your electricity Is REFUND. ever interrupted, you must use only battery-operated lighting. IF any utilities are submetered for the apartinent, or prorated by an YOU SHOULD ATTEMPT'TO INFORMALLY RESOLVE ANY DISPUTE allocation formula, we will attach an addendum to this Lease BRFORS PILINGA LAWSUIT, GBNERALLY, THE PARTY IN WHOSE Contract in compliance with stale gency rules or city ordinance, FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS: Resident shall not heat the apartment using gas-operated stoves AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY, or ovens which wore Intended for use in cooking. THIS DISCLOSUREIS BASIC. PLEASE REPER TO PARTIOF CHAPTER. Where lawful, all utilities, charges and fees of any kind under this 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS: lease shall be considered edditiona) rent, and if partlal payments AND OBLIGATIONS, areaccepted by the Landlord, they willbeallocated firsttonon-rent 5. KEYS, Youwillbe provided __2__ apartment key(s), charges and (o rent last. Failure to maintain utilitiesas required herein is 2 material violation of the Lease and may result in mallbox key(s), FOB(), and/or other access: termination of tenancy, eviction and/or any other remedies under device(s) for access to the bullding and ainonities at no additional the Lease and Florida law. cost at move-in, If the key, FOB, or other access device Is lost or becomes dameged during your tenancy or is not returned of fs 8. INSURANCE, Wedonotiaintain insurance to cover your personal returned damaged when you move out, you will be responsible for propertyor personal injury. Weare notresponsible toany resident, the costs for the replacement and/or repair of the same. guest, or occupant for damage or loss of personal property or personal injury from (includingbutnotlimited to) flee, smoke, ralt, 6 Tea CHARGES, Unless modified by addenda, you will pay permonth forrent, payable in actvance and without flood, water and pipe leaks, hall, ice, snow, lightning, wind, Smee explosions, earthquake, Interruption of utllitles, theft, hurricane, negligence of other residents, occupants, or invited/uninvited © atthe on-site manager's office, or guests or vandalism unless otherwise required by law, @ ot our online payment site, or ® at www.parkplaceiville,com or by your Inaddition, wo urge all Tonants, and particularly those residingin coastal areas, areas near rivers, and areas prone to flooding, to WIPS card obtain flood insurance, Renter's insurance may not cover damage toyour property due to flooding.A flood Insurance resource which may be available includes the National Flood Insurance Program Prorated rentof $ is due for the remainder af fcheck managed bythe Federal Emergency Managenient Agency (FEMA). cane}: 1st month or) 2nd month, on. We (2 require C2 donot requive you to get your own Ins nee —_— for losses to your personal propertyor injuries due to theft, fire, Otherwise,you must pay your rent on or befare the tstday of each. waterdumage, pipe leaks and the like, fno box ischecked, rentet's month @uedate) with ao grace perioll, Cash is unacceptable without inswrance is not requived, ourprior written permission. You must not withhold or offset rent Additionally, youare (check one] (required to purchase personal unless authorized by stutute, We may, at ouroplion, require at any Hability insurance @ not requtred to purchase personal liability ‘time that you pay all rent and other sums In cash, certified or insurance. Ifno box is checked, personal liability insurance Is not cashier's check, money order, ot one monthly check rather than required. Ifvequired, failure to maintain personal lability insurance multiple checks. At our discretion, we may convert any and all throughout your tenancy, including any renewal periods and/or checks via the Automated Clearing House (ACH) system for the lease extensions is an incurable breach of this Lease Contract and purposes of collecting payment, Rent Is not considered accepted, may rosult in the termination of tenancy and eviction and/or any ifthe payment/AGH tsrejected, does notclear,orisstopped for any othor remedies as provided by this Lease Contract or state law. reason, We may, but are not required to, accept rent through direct debit, ACH or other electronic means established and approved by 9, LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the us. Ifyou don't pay all vent on or before the, 3rd. day of the prior resident moves out, The rekeying will be done before you month you pay sate charge, Yura chargewillhe (chock one) move into your apertment. Maflatrate of $. % of your total You may at any tlie ask us to change or rekey locks or latches tvonthi ren payout. Youll a payachargoorS, luring the Lease Term, We must comply with those requests, but foreach returned chock or rejected electronic payment, plusalate charge. fyoudon'rpay rontan time, o¢ fail to pay any rent, utilities you must pay for them, unless otherwise providedby law, orcontractual fees dtte under a prior lease if this is a renewal lease, Payment for Rekeying, Repairs, Ete, Youmustpay forall repatrs you'll be delinquent aud all romedies undor this Lease Contéact will orreplacements arising froin misuso or damage to devicesby you ‘be authorized, We'll also have all ather remedies forsuch violation. or your family, ovcupants, or guests during your occupancy. You Allpayment oblfgations under thls Lease Contract shall constitute may be required to pay advance if we notify you within 2 rent under this Lease Contract, reasonable time after yourvequest that you are more than 30 days delinquent In relmbursing us for repairing or replacing a device We unc youagree that the failure to pay rent timelyar the violation which was misused or damaged by you, your guest ar an occupant; ofthe animal restrictions resultsin added administrative expenses ar ifyouhaverequested that we repair or change orrekey the same and added costs to us, the same as if we had to borrow money ta pay the operating costs of the property necessary to cover such dovice during the 30 days preceding your request and we have complied with your requast. Olherwise, you must pay Immediately added costs. We both agree that the late fee and animal violations afver the warkis completed. ©2019, Nattonal Apartment Association, Ine. apse boomen TE Page 20f9 forowner/ manager's thne and inconvenience inour lawful removal Surrender, abandonment, and judicial evictlon end your right of ofan animal or in any valid eviction proceeding against you, plus possession for all purposesand gives us the immodiate right to: attorney's fees, court costs, and filing fees actually pad; and other clean wp, make repatrsin, and relet the apartment; detormine any sums dug under this Lease Contract. security deposit deductions, and remove property left in the You'llbe liableto us for any charges for veplacingall keys and access apartment, Surrender, abandonment, and judicial eviction affact devices referenced in paragraph 5 (Keys) Ifyou fallto return them your rights to property left in the apartment (paragraph 13 on or before your actual move-out date. (Contractual Lien and Property Left In Apartment)), but do not affect our mitigation obligations (parageaph 33 (Default by 52,SURRENDER AND ABANDONMENT. Resident), Surrender. You have surrendered the apartment when all ‘apartment keys and access deviees listed in paragraph 5 (Keys) have been turned In where rent is paid, Abandonment. As set forth in Fla, Stat, s, 83,59(3){¢), In the absence of actual knowledge ofabandonment, it shall be presumed that you have abandoned the apartment if you are absent from the apartment for eperiod of time equal to one-half the time for periodic rental payments; however, this presumption does not apply if the rent Is current or you have notified us, in writing, of an Intended absence. OEE ‘Severability, Signatures, Orlginals and Attachments: S3.SEVERASILITY. If any provision of this Lease Contract (s ivalid Restdent or Residents (all sign below) or unenforceable under applicable lav, stich proviston shall be CAN— ineffective to the extent of such tnvalldityor unenforcenbility only: without invalidating or otherwise affecting the remainder of this Lease Contract. The court shall interpret the lease and provisions herein Ina manner such as to uphold the valid portionsof thisLease Contract while preserving the Intent of the parties. 54.ORIGINALSAND ATTACHMENTS. This Lease Contract hasbeen executed in multiple originals, with orlyinal signatures. We will provide you with a copy of the Lense Contract, Your copy of the Lease ‘Owneror Owner's Representative ({aning on behalf of owner) Contract may be in papor format, in an electronte format at your request, or sont vin ¢-mail if we have communicated by e-mail about Le Bypna Suds thisLease.Ourrules and community policies, any, willbe attoched to the Lease Contract and provided to you at signing. When an Address and phone number of owner's representative for notice Inventory and Condition form is completed, you should retain a purposes copyjandwe should retain a copy. Any addenda oramendments you 7814 Hogan Road sign usa part of executing this Lease Contract are binding and are hereby incorporated into and made part of the Lease Contract Jacksonville, FL 32216 between you and us. This lease is the entire agreement between you and us. You acknowledge that you are NOT relyingon eny oral (904) 725-8033 ropresentatfons. A copy or scan of this Lease Contract and related addenda, amendinents, and agreements maybe used for any purpase Name and address of locator service (if applicable) ind shall be treated as an origina! You are legally bound by this document, Road it carefully before signing. Date form is filled out (same as on top of page 1) 06/10/2020 SPECIAL PROVISIONS uaueD MON pace 2) Rayment after the 3rd day of the month must inolude a late charge of 50.00 on he for each day thereafter until the rei aid i full, all_as additional = it oo ve reserve the it _to refuse ent after rats ix_deman: ent. for i ©2019, National Apartinent Associatiow, Ine. en al nar Aen tl or camber 2019 Page9 of ? a