Preview
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