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Filing # 180669981 E-Filed 08/28/2023 03:29:50 PM
IN THE COUNTY COURT OF THE NINTH JUDICIAL
CIRCUIT, IN AND FOR, OSCEOLA COUNTY, FLORIDA
TRSTE, LLC as Trustee of the Osceola CASE NO.: 2022-CC-1749
County Twisted Oak 3146 Land Trust,
Plaintiff,
Vs.
TOMMY SUTTON, BARBARA SUTTON,
KELLY SUTTON, and ALL OTHERS
IN POSSESSION,
Defendants.
/
PLAINTIFE’S
———eSS AFFIDAVIT e——
IN SUPPORT
EEE E—EOF MOTION
RN FOR SUMMARY
Eee
ER SUMMARY JUDGMENT
eEe JUDGMEN
E T
STATE OF FLORIDA
COUNTY OF OSCEOLA
BEFORE ME, the undersigned authority, this day personally appeared Stephen Shurina,
a leasing manager for the Plaintiff, TRSTE, LLC as Trustee of the Osceola County Twisted Oak
3146 Land Trust (“TRSTE, LLC”) in the above-captioned action, who, after first being duly
sworn, upon oath, deposes and says:
1 This is an action for damages that do not exceed $30,000.00 exclusive ofinterest,
attorney’s fees and costs.
2. TRSTE, LLC is the owner and lessor of the real property located at: 3146 Twisted
Oak Loop, Kissimmee, Osceola County, Florida 34744 and described as follows:
LOT 164, FELLS COVE UNITS 3 AND 4-PHASE 2, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE 74, OF THE
PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA.
Parcel Identification Number: 052531311100011640
a/k/a 3146 Twisted Oak Loop, Kissimmee, Osceola County, Florida 34744 (“Subject Property”).
3 By a written lease, TRSTE, LLC leased the Subject Property to Tommy Sutton,
Barbara Sutton, and Kelly Sutton as a dwelling unit for a term from November 27, 2019 through
November 30, 2020. A copy of the Lease Agreement is attached hereto and incorporated herein
as Exhibit “A.”
4 By Renewal of Lease Agreement dated November 24, 2020, TRSTE, LLC leased
the Subject Property to Tommy Sutton, Barbara Sutton, and Kelly Sutton as a dwelling unit for a
term from December 1, 2020 through November 30, 2021. A copy of the Renewal of Lease
Agreement is attached hereto and incorporated herein as Exhibit “B.”
5 By Renewal of Lease Agreement dated September 29, 2021, TRSTE, LLC leased
the Subject Property to Tenants as a dwelling unit for a term from December 1, 2021 through
November 30, 2022. A copy of the Renewal of Lease Agreement is attached hereto and
incorporated herein as Exhibit “C.”
6 As of May 4, 2022, Tommy Sutton, Barbara Sutton, and Kelly Sutton owed
TRSTE, LLC the sum of $2,159.00 under the Residential Lease and the Renewal of Lease
Agreement dated September 29, 2021.
7. Additional rent and other amounts payable under the Residential Lease and the
Renewal of Lease Agreement dated September 29, 2021 accrued after the date of the Complaint
in the amount of $8,356.00. A copy of the Lease Statement reflecting the amount owed as of
October 16, 2022 is attached hereto and incorporated herein as Exhibit “D.”
8 TRSTE, LLC held the last month’s rent in the amount of $1,649.00 and a security
deposit in the amount of $1,649.00. The last month’s rent and the security deposit in the total
amount of $3,298.00 was applied to partially pay damage to the premises caused by Tommy
Sutton, Barbara Sutton, and Kelly Sutton that exceeded ordinary wear and tear in the amount of
$3,821.55.
9 Tommy Sutton, Barbara Sutton, and Kelly Sutton owe TRSTE, LLC the amount
of $10,515.00 for unpaid rent and other amounts under the Renewal of Lease Agreement dated
September 29, 2021.
10. As of August 28, 2023, the unpaid rent and other amounts have accrued pre-
judgment interest in the amount of $523.05 for a total amount of $11,038.05. Additional pre-
judgment of $1.23 will accrue per day on the amount owed.
11. TRSTE, LLC has retained the law firm of David N. Glassman, P.A. and is
obligated to pay its attorney a reasonable fee. TRSTE, LLC is entitled to recover its attorney’
fees and costs from Tommy Sutton, Barbara Sutton, and Kelly Sutton pursuant to Sections 83.48
and 83.59 (4), Florida Statutes and pursuant to Section 26 of the Residential Lease.
12. The affiant makes this affidavit based upon the Lease Statement and upon
personal knowledge. I am a records custodian for TRSTE, LLC. The Lease Statement was
made by a person with knowledge of or from information transmitted by a person with
knowledge of the transactions appearing on the Lease Statement. It is the regular practice of
TRSTE, LLC to keep the Lease Statement. The Lease Statement was kept in the course of
regularly conducted business activities of TRSTE, LLC.
13. Tam over the age of 18 years and am fully competent to make this affidavit. The
contents of this affidavit are based upon Lease Statement and my personal knowledge.
‘“f)
Step! Shurina
Sworn to and subscribed before me this LY. day of , 2023, by
Stephen Shurina, who is personally known to me or who has produced 2atiot | Da wer LiCercke
CF.
Ze ‘who did swear an oath,
Le
“Public
Print Name: < go
My Commission Expires:
ifrek 27 Lone
LADONNA RUPP
Not tary Public- State of Florida
Commission # GG 936241
My Comm. Expires Mar 27, 2024
Bonded through National Notary Assn.
Authentisign ID: 0C958F2F-AD8E-463C-9A1F-95779492662E
Nonlawyer Disclosure ¥ Realtors
Instructions to Licensee: Before you begin to complete the next form, you must give this nonlawyer disclosure to
the landlord or tenant for whom you are filling in the blanks. (If you are filling in the blanks for both landlord and
tenant, complete two nonlawyer disclosures and give one to each.)
4 Insert your name in the first 5 blank “Name” spaces and sign below.
2 Have the landlord or tenant whom you are assisting complete the provision regarding her/his ability to read
English, and have her/him sign below.
Give this completed disclosure to the landlord or tenant, as appropriate. Keep a copy of this completed
disclosure and all forms you give to the landlord or tenant in your files for at least 6 years.
Dee eee eee eee eee ee esos seca e ee eeee ee Sones seen esse ees scee sees eeseses sees on ssee
TOM FITZMARTIN told me that he/she is a nonlawyer and may not give legal
(Name)
advice, cannot tell me what my rights or remedies are, cannot tell me how to testify in court, and cannot represent
me in court.
Rule 10-2.1(b) of the Rules Regulating The Florida Bar defines a paralegal as a person who works under
the supervision of a member of The Florida Bar and who performs specifically delegated substantive legal work for
which a member of The Florida Bar is responsible. Only persons who meet the definition may call themselves
paralegals. TOM FITZMARTIN informed me that he/she is not a paralegal as defined by the
(Name)
rule and cannot call himself/herselfa paralegal.
TOM FITZMARTIN told me that he/she may only type the factual information
(Name)
provided by me in writing into the blanks on the form. Except for typing, TOM FITZMARTIN
(Name)
may not tell me what to put in the form and may not complete the form for me. However, if using a form approved
by the Supreme Court of Florida, TOM FITZMARTIN may ask me factual questions to fill in
(Name)
the blanks on the form and may also tell me how to file the form.
(rsetas Tenant:
can read English.
| cannot read English but this notice was read to me by
(Name)
in which I understand.
(Language) (— Author
Kelly Suttow
Canatare
Ge TENSAT signature
(— Authenti
ri, Sahn Barbara Sutten
Lieensee-si re LRORGR?P
GP TEARAAT signature
Landlord or Tenant signature
ND-2 Rev 7/13
Serlal: 021464-200157-3857636 EXHIBIT * ww ©2013 Florida Realtors®
Form
Simplicity
Authentisign ID: OC9SBF2F-ADBE-463C-9A1F-95779492662E
Residential Lease for Single Family Home or Duplex v
(FOR A TERM NOT TO EXCEED ONE YEAR) al Realtors
ABOX ((-__]) OR A BLANK SPACE ) INDICATES A PROVISION WHERE A CHOICE OR DECISION MUST BE MADE BY THE
PARTIES.
THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE
GOVERNED BY CHAPTER 83, PART Il, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTES. A COPY OF THE
RESIDENTIAL LANDLORD AND TENANT ACT IS ATTACHED TO THIS LEASE.
41. PARTIES. This is a lease (the “Lease") between
(name and address of owner of the property)
TRSTE, LLC AS TRUSTEE OF THE OSCEOLA COUNTY TWISTED OAK 3146 LAND TRUST ("Landlord") and
(name(s) of person(s) to whom the property is leased)
TOMMY SUTTON, BARBARA SUTTON, KELLY SUTTON ("Tenant").
Landlord's E-mail Address: leasing@theempowregroup.com
Landlord's Telephone Number: 407-456-3537
Tenant's E-mail Address: bedlamx@hotmail.com
Tenant's Telephone Number: 785-331-9587
2. PROPERTY RENTED. Landlord leases to Tenant the land and buildings located at
(Street address)
3146 TWISTED OAK LOOP, KISSIMMEE Florida 34744
(zip code)
together with the following furniture and appliances [List all furniture and appliances. If none, write "none."] (In the Lease, the property
leased, including furniture and appliances, if any, is called the “Premises"):
REFRIGERATOR, DISHWASHER, MICROWAVE, OVEN. LANDLORD DOES NOT PROVIDE WASHER/DRYER. IF
THERE IS A WASHER/DRYER ON PREMISES, TENANT MAY USE BUT WASHER/DRYER NOT GUARANTEED TO
WORK.
The Premises shall be occupied only by the Tenant and the following persons:
3. TERM. This is a lease for a term, not to exceed twelve months, beginning on November 27, 2019 and
(month, day, year)
ending November 30, 2020 (the "Lease Term").
(month, day, year)
4, RENT PAYMENTS, TAXES AND CHARGES. Tenant shall pay total rent in the amount of $20,007.87 (excluding taxes) for the
Lease Term. The rent shall be payable by Tenant in advance in installments or in full as provided in the options below:
[X] in installments. If in installments, rent shall be payable
1ST
BF aan on the
per installment.
day of each month (if left blank, on the first day of each month) in the amount of
OR
O weekly, on the day of each week (If left blank, on Monday of each week.) in the amount of $.
per installment.
vouZlxslask
I OF a" the amount of $,
jate)
id Landlord ( ) acknowledge receipt ofa copy of this page, which is Page 1 of 18
RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
Serial: 021464-200157-3857636 Form
Simplicity
Authentisign ID: 0C958F2F-ADBE-463C-9A1F-95779492662E
Tenant shall also be obligated to pay taxes on the rent when applicable in the amount of $. O with each rent installment
(with the rent for the full term of the Lease. Landlord will notify Tenant if the amount of the tax changes.
Payment Summary
[i If rent is paid in installments, the total payment per installment including taxes shall be in the amount of $1649.00
1 If rent is paid in full, the total payment including taxes shall be in the amount of §. .
All rent payments shall be payable to THE EMPOWRE GROUP at
PO BOX 470549, KISSIMMEE, FL 34747 or online at centralflrentals.net (itlet blank, to Landlord at Landlord's address.)
(address)
[x] If the tenancy starts on a day other than the first day of the month or week as designated above, the rent shall be prorated from
November 27, 2019 through November 30, 2019 in the amount of $219-87 and shall be due
(ate) (date)
on _or before November 27, 2019 (if rent paid monthly, prorate on a 30-day month.)
(date)
Tenant shall make rent payments required under the Lease by (choose all applicable) [] cash, [J personal check, [money order,
cashier's check, or 1 other online at centralflrentals.net
(specify). If payment is accepted by any
means other than cash, payment is not considered made until the other instrument is collected.
If Tenant makes a rent payment with a worthless check, Landlord can require Tenant 1 to pay all future payments by E] money
order, cashier's check, or official bank check or [1 cash or other (specify)
and [Ed to pay bad check fees in the amount of $49. (not to exceed the amount prescribed by Section 68.065, Florida
Statutes).
5. MONEY DUE PRIOR TO OCCUPANCY. Tenant shall pay the sum of $5,166.87 in accordance with this paragraph prior to
occupying the Premises. Tenant shall not be entitled to move in or to keys to the Premises until all money due prior to occupancy has
been paid. If no date is specified below, then funds shall be due prior to Tenant occupancy. Any funds designated in this paragraph due
after occupancy, shall be paid accordingly. Any funds due under this paragraph shall be payable to Landlord at Landlord's address or
to THE EMPOWRE GROUP
(name)
at PO BOX 470549, KISSIMMEE, FL 34747 or centralflrentals.net
(address)
First [x] month's [] week's rent plus applicable taxes 1,649.00 due ON OR BEFORE NOVEMBER 27, 2019
Prorated rent plus applicable taxes 219.87 due ON OR BEFORE NOVEMBER 27, 2019
Advance rent for month [] week of
plus applicable taxes due
Last month's [] week's rent plus applicable taxes 1,649.00 due ON OR BEFORE NOVEMBER 27, 2019
Security deposit 1,649.00 due ON OR BEFORE NOVEMBER 27, 2019
Additional security deposit due
Security deposit for homeowners’ association due
Pet Deposit due
Other, due
Other. due
vena f=1KS|28 Landlord
|e (____) acknowledge receipt of a copy of this page, which is Page 2 of 18.
RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
Serial: 021464-200157-3857636 Form
Simplicity
Authentisign 1D: 0C9SBF2F-ADSE-463C-9A1F.95779492662E
(Complete if applicable) In addition to rent, Ter nt shall pay a late charge in the amount of $90.00 (If left
6, LATE FEES.
blank, 4% of the rent payment) for each rent payment made ——_ 3
days after the day it is due (if left blank, 5 days if rent is paid
monthly, 1 day if rent is paid weekly).
7. PETS AND SMOKING. Unless this box [] is checked or a pet deposit is paid, Tenant may not keep pets or animals on the
Premises. If Tenant may keep pets, the pets described in this paragraph are permitted on the Premises.
NO PETS IN UNIT
(Specify number of pets, type(s), breed, maximum adult weight of pets.)
Unless this box [J is checked, no smoking is permitted in the Premises.
8. NOTICES.
THE EMPOWRE GROUP is Landlord’s Agent. All notices must be sent to
OD Landlord at
[] Landlord's Agent SHARON HANOVER at leasing@theempowregroup.com
unless Landlord gives Tenant written notice of a change. All notices of such names and addresses or changes thereto shall be delivered
to the Tenant's residence or, if specified in writing by the Tenant, to any other address. All notices to the Landlord or the Landlord's Agent
(whichever is specified above) shall be given by U.S. mail or by hand delivery.
Any notice to Tenant shall be given by U.S. mail or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a notice
to Tenant may be given by leaving a copy of the notice at Premises.
9. UTILITIES. Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating
existing utility connections to the Premises except for , that Landlord agrees to
provide at Landlord's expense (If blank, then “NONE”).
10. MAINTENANCE. Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for
maintenance and repair of the Premises, unless otherwise stated below: (Fill in each blank space with "Landlord" for Landlord or
"Tenant" for Tenant, if left blank, Landlord will be responsible for the item):
Landlord/Tenant Landlord/Tenant Landlord/Tenant Landlord/Tenant
roofs windows screens steps
doors Qo floors Qo Oo porches oO Qo exterior walls
foundations oO Qa plumbing a Qo structural components
heating Oo Qo hot water a Oo running water Oo oO locks and keys
electrical system oO Oo cooling smoke detection
devices
garbage removal/ outside receptacles
extermination of rats, mice, roaches, ants and bedbugs
extermination of wood-destroying organisms
lawn /shrubbery Q & pool/spa/hot tub
AC FILTERS ON A REGULAR BASIS
water treatment oO & filters (specify)
ceilings oO Oo integiSRE DETECTION DEVICE BATTERIES AS NEEDED
Other (specify)
Tenant shall notify SHARON HANOVER at repairs@theempowregroup.com
(name) (address)
(if left blank, Landlord at Landlord’s address) and 407-456-3537 of maintenance and repair requests.
(lelephone number)
411. ASSIGNMENT. Unless this box [1 is checked, Tenant may not assign the Lease or sublease all or any part of the Premises
without first obtaining the Landlord’s written approval and consent to the assignment or sublease.
12. KEYS AND LOCKS. Landlord shall furnish Tenant
2 # of sets of keys to the dwelling
# of mail box keys
# of garage door openers
souk1KS|2§ pont 7A minne nsnt et coy eup serene st
RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
‘Serialit: 021464-200157-3857636 Form
Simplicity
Authentisign 1D: 0C! -2F--ADBE-463C-9A1F-95779492662E
If there is a homeowners’ association, Tenant will be provided with the following to access the association's common areas/facilities:
# of keys to
# of remote controls to
# of electronic cards to
other (specify) to
At end of Lease Term, all items specified in this paragraph shall be returned to THE EMPOWRE GROUP
(name)
at PO BOX 470549, KISSIMMEE, FL 34747 (If left blank, Landlord at Landlord's address).
(address)
13. LEAD-BASED PAINT. [] Check and complete if the dwelling was built before January 1, 1978, Lead Warning Statement (when
used in this article, the term Lessor refers to Landlord and the term Lessee refers to Tenant).
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed
properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must
disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a
federally approved pamphlet on lead poisoning prevention.
Lessor's Disclosure (initial)
(a) Presence of lead-based paint or lead-based paint hazards (check (i) or (ii) below):
Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
(ii), Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the Lessor (check (i) or (ii) below):
(i) Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint and/or
lead-based paint hazards in the housing (list documents below).
(ii) Oo Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in
the housing.
Lessee's Acknowledgment (initial)
(c) Lessee has received copies of all information listed above.
(d) Lessee has received the pamphlet Protect Your Family From Lead in Your Home.
Agent's Acknowledgment (initial)
(e) Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility
to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by
the signatory is true and accurate.
Lessor's signature Date Lessor's signature Date
Lessee's signature Date Lessee's signature Date
Agent's signature Date Agent's signature Date
14, SERVICEMEMBER. If Tenant is a member of the United States Armed Forces on active duty or state active duty or a member of
the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Lease as provided in Section
wel ¢Ge
83.6% jes the provisions bic can be found in the attachment to this Lease.
Ten KS| BS bna Landlord (__) acknowledge receipt of a copy of this page, which is Page 4 of 18.
RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
Serial: 021464-200157-3857636 Form
Simplicity
Authentisign 1D: 0C9SBF2F-ADSE-463C-9A1F-05779492662E
15, LANDLORD'S ACCESS TO THE PREMISES. Landlord's Agent may enter the Premises in the following circumstances:
A. At any time for the protection or preservation of the Premises.
B. After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises.
C. To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply
agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors
under any of the following circumstances:
(1) with Tenant's consent;
(2) in case of emergency;
(3) when Tenant unreasonably withholds consent; or
(4) if Tenant is absent from the Premises for a period of at least one-half a rental installment period. (If the rent is
current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant's consent or
for the protection or preservation of the Premises.)
16. HOMEOWNERS’ ASSOCIATION. IF TENANT MUST BE APPROVED BY A HOMEOWNERS’ ASSOCIATION
(“ASSOCIATION”), LANDLORD AND TENANT AGREE THAT THE LEASE IS CONTINGENT UPON RECEIVING APPROVAL FROM
THE ASSOCIATION. ANY APPLICATION FEE REQUIRED BY AN ASSOCIATION SHALL BE PAID BY [] LANDLORD
(1 TENANT. IF SUCH APPROVAL IS NOT OBTAINED PRIOR TO COMMENCEMENT OF LEASE TERM, EITHER PARTY MAY
TERMINATE THE LEASE BY WRITTEN NOTICE TO THE OTHER GIVEN AT ANY TIME PRIOR TO APPROVAL BY THE
ASSOCIATION, AND IF THE LEASE IS TERMINATED, TENANT SHALL RECEIVE RETURN OF DEPOSITS SPECIFIED IN ARTICLE
5, IF MADE. If the Lease is not terminated, rent shall abate until the approval is obtained from the association. Tenant agrees to use due
diligence in applying for association approval and to comply with the requirements for obtaining approval. © Landlord 1 Tenant
shall pay the security deposit required by the association, if applicable.
17. USE OF THE PREMISES. Tenant shall use the Premises for residential purposes. Tenant shall have exclusive use and right of
possession to the dwelling. The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and all
covenants and restrictions affecting the Premises and all rules and regulations of homeowners’ associations affecting the Premises.
Tenant may not paint or make any alterations or improvements to the Premises without first obtaining the Landlord's written consent to the
alteration or improvement. However, unless this box [] is checked, Tenant may hang pictures and install window treatments in the
Premises without Landlord's consent, provided Tenant removes all such items before the end of the Lease Term and repairs all
damage resulting from the removal. Any improvements or alterations to the Premises made by the Tenant shall become Landlord's
property. Tenant agrees not to use, keep, or store on the Premises any dangerous, explosive, toxic material which would increase the
probability of fire or which would increase the cost of insuring the Premises.
18, RISK OF LOSS/INSURANCE,
A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct.
B. Tenant should carry insurance covering Tenant's personal property and Tenant's liability insurance.
19, PROHIBITED ACTS BY LANDLORD. Landlord is prohibited from taking certain actions as described in Section 83.67, Florida
Statutes, the provisions of which can be found in the attachment to this Lease.
20. CASUALTY DAMAGE. If the Premises are damaged or destroyed other than by wrongful or negligent acts of Tenant or persons
on the Premises with Tenant's consent, so that the use of the Premises is substantially impaired, Tenant may terminate the Lease
within 30 days after the damage or destruction and Tenant will immediately vacate the Premises. If Tenant vacates, Tenant is not liable for
rent that would have been due after the date of termination. Tenant may vacate the part of the Premises rendered unusable by the
damage or destruction, in which case Tenant's liability for rent shall be reduced by the fair rental value of the part of the Premises that
was damaged or destroyed.
21. DEFAULTS/REMEDIES. Should a party to the Lease fail to fulfill their responsibilities under the Lease or need to determine
whether there has been a default of the Lease, refer to Part II, Chapter 83, entitled Florida Residential Landlord and Tenant Act which
contains information on defaults and remedies. A copy of the current version of this Act is attached to the Lease.
22. SUBORDINATION. The Lease is automatically subordinate to the lien of any mortgage encumbering the fee title to the Premises
from time to time.
23, LIENS. THE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY
THE TENANT AS PROVIDED IN SECTION 713.10, FLORIDA STATUTES. Tenant shall notify all parties performing work on the
Premises at Tenant's request that the Lease does not allow any liens to attach to Landlord's interest.
24, RENEWAL/EXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and
Tenant, but the term of a renewal or extension together with the original Lease Term may not exceed one year. A new lease is required
for each year.
25. TENANT'S TELEPHONE NUMBER. Tenant shall, within 5 business days of obtaining telephone services at the Premises, send
written notice to Landlord of Tenant's telephone numbers at the Premises.
26. ATTORNEYS' FEES. In any lawsuit brought to enforce the Lease or under applicable law, the party in whose favor a judgment or
oe
decre fe fe K refideredjmay recover easgnable court costs, including attorneys’ fees, from the non-prevailing party.
|
Tena Ko | BS ’ and Landlord (__) acknowledge receipt of a copy of this page, which is Page 5 of 18.
RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
Serial: 021464-200157-3857636 Form
Simplicity
Authentisign ID; OC9SBF2F-ADSE~163C-9A1F-95779492662E
27. MISCELLANEOUS.
A. Time is of the essence of the performance of each party's obligations under the Lease.
B. The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted
assigns of Landlord and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever used, the singular
number shall include the plural or singular and the use of any gender shall include all appropriate genders.
C. The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or
terminated orally.
D. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord.
—. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease
shall be determined pursuant to the laws of Florida.
F. A facsimile copy of the Lease and any signatures hereon shall be considered for all purposes originals.
G. As required by law, Landlord makes the following disclosure: "RADON GAS." Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county health department.
28. BROKERS' COMMISSION. [] Check and complete if applicable. The brokerage companies named below will be paid the
commission set forth in this paragraph by CJ Landlord 1 Tenant for procuring a tenant for this transaction.
Real Estate Licensee Real Estate Licensee
Real Estate Brokerage Company Real Estate Brokerage Company
Commission Commission
29, TENANT'S PERSONAL PROPERTY. TENANT MUST INITIAL IN THIS BOX [___] FOR THE FOLLOWING PROVISION TO.
APPLY. BY SIGNING THIS 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.
The Lease. has been executed by the parties on the dates indicated below.
11/16/2019
LanURAwee
Sig MM ESFe Date
indlord's.Signature Date
To Stor 14/15/2019
Landiores Signature Date
naint'seSignature
11/15/2019
K Suttow
Fenaphgesianatwecr Date
Barbora Sutton 11/15/2019
TenwneSSgrA mE Date
This form was completed with the assistance of:
Name of Individual:
Name of Business:
Address:
Telephone Number:
Copy of Current Version of Florida Residential Landlord and Tenant Act, Part Il, Chapter 83, Florida Statutes to Be Attached
sensu | KSB Jn Landlord (a (____) acknowledge receipt ofa copy of this page, which is Page 6 of 18.
RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
Serial: 021464-200157-3857636 Form
Simplicity
Authentisign ID: 0C95BF2F-ADSE~463C-9A1F-95779492662E
Early Termination Fee/Liquidated Damages Addendum
CO lagree, as provided in the rental agreement, to pay $ (an amount that does not exceed two months' rent) as
liquidated damages or an early termination fee if | elect to terminate the rental agreement and the landlord waives the right to seek
additional rent beyond the month in which the landlord retakes possession.
[J | do not agree to liquidated damages or an early termination fee, and | acknowledge that the landlord may seek damages as
provided by law.
Landlord's Signature Date
Landlord's Signature Date
Pf
To Stor 11/15/2019
Date
Bhants Signature
Kelly Suttow 11/15/2019
Temeaes Signeterest Date
11/15/2019
Terrane’e @itgrerta rat est Date
RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
Serial: 021464-200157-3857636 Form
Simplicity
‘Authentisign (0: OC9SBF2 (DBE-4630-9A1F-95779492662E
Florida Residential Landlord and Tenant Act
PART II
RESIDENTIAL TENANCIES
83.40 Short title.
83.44 Application.
83.42 Exclusions from application of part.
83.43 Definitions.
83.44 Obligation of good faith.
83.45 Unconscionable rental agreement or provision
83.46 Rent; duration of tenancies.
83.47 Prohibited provisions in rental agreements.
83.48 Attorney fees.
83.49 Deposit money or advance rent; duty of landlord and tenant.
83.50 Disclosure of landlord's address.
83.51 Landlord's obligation to maintain premises.
83.52 Tenant's obligation to maintain dwelling unit.
83.53 Landlord's access to dwelling unit.
83.535 Flotation bedding system; restrictions on use.
83.54 Enf
Preview
Filing # 180669981 E-Filed 08/28/2023 03:29:50 PM IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR, OSCEOLA COUNTY, FLORIDA TRSTE, LLC as Trustee of the Osceola CASE NO.: 2022-CC-1749 County Twisted Oak 3146 Land Trust, Plaintiff, Vs. TOMMY SUTTON, BARBARA SUTTON, KELLY SUTTON, and ALL OTHERS IN POSSESSION, Defendants. / PLAINTIFE’S ———eSS AFFIDAVIT e—— IN SUPPORT EEE E—EOF MOTION RN FOR SUMMARY Eee ER SUMMARY JUDGMENT eEe JUDGMEN E T STATE OF FLORIDA COUNTY OF OSCEOLA BEFORE ME, the undersigned authority, this day personally appeared Stephen Shurina, a leasing manager for the Plaintiff, TRSTE, LLC as Trustee of the Osceola County Twisted Oak 3146 Land Trust (“TRSTE, LLC”) in the above-captioned action, who, after first being duly sworn, upon oath, deposes and says: 1 This is an action for damages that do not exceed $30,000.00 exclusive ofinterest, attorney’s fees and costs. 2. TRSTE, LLC is the owner and lessor of the real property located at: 3146 Twisted Oak Loop, Kissimmee, Osceola County, Florida 34744 and described as follows: LOT 164, FELLS COVE UNITS 3 AND 4-PHASE 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE 74, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. Parcel Identification Number: 052531311100011640 a/k/a 3146 Twisted Oak Loop, Kissimmee, Osceola County, Florida 34744 (“Subject Property”). 3 By a written lease, TRSTE, LLC leased the Subject Property to Tommy Sutton, Barbara Sutton, and Kelly Sutton as a dwelling unit for a term from November 27, 2019 through November 30, 2020. A copy of the Lease Agreement is attached hereto and incorporated herein as Exhibit “A.” 4 By Renewal of Lease Agreement dated November 24, 2020, TRSTE, LLC leased the Subject Property to Tommy Sutton, Barbara Sutton, and Kelly Sutton as a dwelling unit for a term from December 1, 2020 through November 30, 2021. A copy of the Renewal of Lease Agreement is attached hereto and incorporated herein as Exhibit “B.” 5 By Renewal of Lease Agreement dated September 29, 2021, TRSTE, LLC leased the Subject Property to Tenants as a dwelling unit for a term from December 1, 2021 through November 30, 2022. A copy of the Renewal of Lease Agreement is attached hereto and incorporated herein as Exhibit “C.” 6 As of May 4, 2022, Tommy Sutton, Barbara Sutton, and Kelly Sutton owed TRSTE, LLC the sum of $2,159.00 under the Residential Lease and the Renewal of Lease Agreement dated September 29, 2021. 7. Additional rent and other amounts payable under the Residential Lease and the Renewal of Lease Agreement dated September 29, 2021 accrued after the date of the Complaint in the amount of $8,356.00. A copy of the Lease Statement reflecting the amount owed as of October 16, 2022 is attached hereto and incorporated herein as Exhibit “D.” 8 TRSTE, LLC held the last month’s rent in the amount of $1,649.00 and a security deposit in the amount of $1,649.00. The last month’s rent and the security deposit in the total amount of $3,298.00 was applied to partially pay damage to the premises caused by Tommy Sutton, Barbara Sutton, and Kelly Sutton that exceeded ordinary wear and tear in the amount of $3,821.55. 9 Tommy Sutton, Barbara Sutton, and Kelly Sutton owe TRSTE, LLC the amount of $10,515.00 for unpaid rent and other amounts under the Renewal of Lease Agreement dated September 29, 2021. 10. As of August 28, 2023, the unpaid rent and other amounts have accrued pre- judgment interest in the amount of $523.05 for a total amount of $11,038.05. Additional pre- judgment of $1.23 will accrue per day on the amount owed. 11. TRSTE, LLC has retained the law firm of David N. Glassman, P.A. and is obligated to pay its attorney a reasonable fee. TRSTE, LLC is entitled to recover its attorney’ fees and costs from Tommy Sutton, Barbara Sutton, and Kelly Sutton pursuant to Sections 83.48 and 83.59 (4), Florida Statutes and pursuant to Section 26 of the Residential Lease. 12. The affiant makes this affidavit based upon the Lease Statement and upon personal knowledge. I am a records custodian for TRSTE, LLC. The Lease Statement was made by a person with knowledge of or from information transmitted by a person with knowledge of the transactions appearing on the Lease Statement. It is the regular practice of TRSTE, LLC to keep the Lease Statement. The Lease Statement was kept in the course of regularly conducted business activities of TRSTE, LLC. 13. Tam over the age of 18 years and am fully competent to make this affidavit. The contents of this affidavit are based upon Lease Statement and my personal knowledge. ‘“f) Step! Shurina Sworn to and subscribed before me this LY. day of , 2023, by Stephen Shurina, who is personally known to me or who has produced 2atiot | Da wer LiCercke CF. Ze ‘who did swear an oath, Le “Public Print Name: < go My Commission Expires: ifrek 27 Lone LADONNA RUPP Not tary Public- State of Florida Commission # GG 936241 My Comm. Expires Mar 27, 2024 Bonded through National Notary Assn. Authentisign ID: 0C958F2F-AD8E-463C-9A1F-95779492662E Nonlawyer Disclosure ¥ Realtors Instructions to Licensee: Before you begin to complete the next form, you must give this nonlawyer disclosure to the landlord or tenant for whom you are filling in the blanks. (If you are filling in the blanks for both landlord and tenant, complete two nonlawyer disclosures and give one to each.) 4 Insert your name in the first 5 blank “Name” spaces and sign below. 2 Have the landlord or tenant whom you are assisting complete the provision regarding her/his ability to read English, and have her/him sign below. Give this completed disclosure to the landlord or tenant, as appropriate. Keep a copy of this completed disclosure and all forms you give to the landlord or tenant in your files for at least 6 years. Dee eee eee eee eee ee esos seca e ee eeee ee Sones seen esse ees scee sees eeseses sees on ssee TOM FITZMARTIN told me that he/she is a nonlawyer and may not give legal (Name) advice, cannot tell me what my rights or remedies are, cannot tell me how to testify in court, and cannot represent me in court. Rule 10-2.1(b) of the Rules Regulating The Florida Bar defines a paralegal as a person who works under the supervision of a member of The Florida Bar and who performs specifically delegated substantive legal work for which a member of The Florida Bar is responsible. Only persons who meet the definition may call themselves paralegals. TOM FITZMARTIN informed me that he/she is not a paralegal as defined by the (Name) rule and cannot call himself/herselfa paralegal. TOM FITZMARTIN told me that he/she may only type the factual information (Name) provided by me in writing into the blanks on the form. Except for typing, TOM FITZMARTIN (Name) may not tell me what to put in the form and may not complete the form for me. However, if using a form approved by the Supreme Court of Florida, TOM FITZMARTIN may ask me factual questions to fill in (Name) the blanks on the form and may also tell me how to file the form. (rsetas Tenant: can read English. | cannot read English but this notice was read to me by (Name) in which I understand. (Language) (— Author Kelly Suttow Canatare Ge TENSAT signature (— Authenti ri, Sahn Barbara Sutten Lieensee-si re LRORGR?P GP TEARAAT signature Landlord or Tenant signature ND-2 Rev 7/13 Serlal: 021464-200157-3857636 EXHIBIT * ww ©2013 Florida Realtors® Form Simplicity Authentisign ID: OC9SBF2F-ADBE-463C-9A1F-95779492662E Residential Lease for Single Family Home or Duplex v (FOR A TERM NOT TO EXCEED ONE YEAR) al Realtors ABOX ((-__]) OR A BLANK SPACE ) INDICATES A PROVISION WHERE A CHOICE OR DECISION MUST BE MADE BY THE PARTIES. THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE GOVERNED BY CHAPTER 83, PART Il, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTES. A COPY OF THE RESIDENTIAL LANDLORD AND TENANT ACT IS ATTACHED TO THIS LEASE. 41. PARTIES. This is a lease (the “Lease") between (name and address of owner of the property) TRSTE, LLC AS TRUSTEE OF THE OSCEOLA COUNTY TWISTED OAK 3146 LAND TRUST ("Landlord") and (name(s) of person(s) to whom the property is leased) TOMMY SUTTON, BARBARA SUTTON, KELLY SUTTON ("Tenant"). Landlord's E-mail Address: leasing@theempowregroup.com Landlord's Telephone Number: 407-456-3537 Tenant's E-mail Address: bedlamx@hotmail.com Tenant's Telephone Number: 785-331-9587 2. PROPERTY RENTED. Landlord leases to Tenant the land and buildings located at (Street address) 3146 TWISTED OAK LOOP, KISSIMMEE Florida 34744 (zip code) together with the following furniture and appliances [List all furniture and appliances. If none, write "none."] (In the Lease, the property leased, including furniture and appliances, if any, is called the “Premises"): REFRIGERATOR, DISHWASHER, MICROWAVE, OVEN. LANDLORD DOES NOT PROVIDE WASHER/DRYER. IF THERE IS A WASHER/DRYER ON PREMISES, TENANT MAY USE BUT WASHER/DRYER NOT GUARANTEED TO WORK. The Premises shall be occupied only by the Tenant and the following persons: 3. TERM. This is a lease for a term, not to exceed twelve months, beginning on November 27, 2019 and (month, day, year) ending November 30, 2020 (the "Lease Term"). (month, day, year) 4, RENT PAYMENTS, TAXES AND CHARGES. Tenant shall pay total rent in the amount of $20,007.87 (excluding taxes) for the Lease Term. The rent shall be payable by Tenant in advance in installments or in full as provided in the options below: [X] in installments. If in installments, rent shall be payable 1ST BF aan on the per installment. day of each month (if left blank, on the first day of each month) in the amount of OR O weekly, on the day of each week (If left blank, on Monday of each week.) in the amount of $. per installment. vouZlxslask I OF a" the amount of $, jate) id Landlord ( ) acknowledge receipt ofa copy of this page, which is Page 1 of 18 RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar. Serial: 021464-200157-3857636 Form Simplicity Authentisign ID: 0C958F2F-ADBE-463C-9A1F-95779492662E Tenant shall also be obligated to pay taxes on the rent when applicable in the amount of $. O with each rent installment (with the rent for the full term of the Lease. Landlord will notify Tenant if the amount of the tax changes. Payment Summary [i If rent is paid in installments, the total payment per installment including taxes shall be in the amount of $1649.00 1 If rent is paid in full, the total payment including taxes shall be in the amount of §. . All rent payments shall be payable to THE EMPOWRE GROUP at PO BOX 470549, KISSIMMEE, FL 34747 or online at centralflrentals.net (itlet blank, to Landlord at Landlord's address.) (address) [x] If the tenancy starts on a day other than the first day of the month or week as designated above, the rent shall be prorated from November 27, 2019 through November 30, 2019 in the amount of $219-87 and shall be due (ate) (date) on _or before November 27, 2019 (if rent paid monthly, prorate on a 30-day month.) (date) Tenant shall make rent payments required under the Lease by (choose all applicable) [] cash, [J personal check, [money order, cashier's check, or 1 other online at centralflrentals.net (specify). If payment is accepted by any means other than cash, payment is not considered made until the other instrument is collected. If Tenant makes a rent payment with a worthless check, Landlord can require Tenant 1 to pay all future payments by E] money order, cashier's check, or official bank check or [1 cash or other (specify) and [Ed to pay bad check fees in the amount of $49. (not to exceed the amount prescribed by Section 68.065, Florida Statutes). 5. MONEY DUE PRIOR TO OCCUPANCY. Tenant shall pay the sum of $5,166.87 in accordance with this paragraph prior to occupying the Premises. Tenant shall not be entitled to move in or to keys to the Premises until all money due prior to occupancy has been paid. If no date is specified below, then funds shall be due prior to Tenant occupancy. Any funds designated in this paragraph due after occupancy, shall be paid accordingly. Any funds due under this paragraph shall be payable to Landlord at Landlord's address or to THE EMPOWRE GROUP (name) at PO BOX 470549, KISSIMMEE, FL 34747 or centralflrentals.net (address) First [x] month's [] week's rent plus applicable taxes 1,649.00 due ON OR BEFORE NOVEMBER 27, 2019 Prorated rent plus applicable taxes 219.87 due ON OR BEFORE NOVEMBER 27, 2019 Advance rent for month [] week of plus applicable taxes due Last month's [] week's rent plus applicable taxes 1,649.00 due ON OR BEFORE NOVEMBER 27, 2019 Security deposit 1,649.00 due ON OR BEFORE NOVEMBER 27, 2019 Additional security deposit due Security deposit for homeowners’ association due Pet Deposit due Other, due Other. due vena f=1KS|28 Landlord |e (____) acknowledge receipt of a copy of this page, which is Page 2 of 18. RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar. Serial: 021464-200157-3857636 Form Simplicity Authentisign 1D: 0C9SBF2F-ADSE-463C-9A1F.95779492662E (Complete if applicable) In addition to rent, Ter nt shall pay a late charge in the amount of $90.00 (If left 6, LATE FEES. blank, 4% of the rent payment) for each rent payment made ——_ 3 days after the day it is due (if left blank, 5 days if rent is paid monthly, 1 day if rent is paid weekly). 7. PETS AND SMOKING. Unless this box [] is checked or a pet deposit is paid, Tenant may not keep pets or animals on the Premises. If Tenant may keep pets, the pets described in this paragraph are permitted on the Premises. NO PETS IN UNIT (Specify number of pets, type(s), breed, maximum adult weight of pets.) Unless this box [J is checked, no smoking is permitted in the Premises. 8. NOTICES. THE EMPOWRE GROUP is Landlord’s Agent. All notices must be sent to OD Landlord at [] Landlord's Agent SHARON HANOVER at leasing@theempowregroup.com unless Landlord gives Tenant written notice of a change. All notices of such names and addresses or changes thereto shall be delivered to the Tenant's residence or, if specified in writing by the Tenant, to any other address. All notices to the Landlord or the Landlord's Agent (whichever is specified above) shall be given by U.S. mail or by hand delivery. Any notice to Tenant shall be given by U.S. mail or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a notice to Tenant may be given by leaving a copy of the notice at Premises. 9. UTILITIES. Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating existing utility connections to the Premises except for , that Landlord agrees to provide at Landlord's expense (If blank, then “NONE”). 10. MAINTENANCE. Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for maintenance and repair of the Premises, unless otherwise stated below: (Fill in each blank space with "Landlord" for Landlord or "Tenant" for Tenant, if left blank, Landlord will be responsible for the item): Landlord/Tenant Landlord/Tenant Landlord/Tenant Landlord/Tenant roofs windows screens steps doors Qo floors Qo Oo porches oO Qo exterior walls foundations oO Qa plumbing a Qo structural components heating Oo Qo hot water a Oo running water Oo oO locks and keys electrical system oO Oo cooling smoke detection devices garbage removal/ outside receptacles extermination of rats, mice, roaches, ants and bedbugs extermination of wood-destroying organisms lawn /shrubbery Q & pool/spa/hot tub AC FILTERS ON A REGULAR BASIS water treatment oO & filters (specify) ceilings oO Oo integiSRE DETECTION DEVICE BATTERIES AS NEEDED Other (specify) Tenant shall notify SHARON HANOVER at repairs@theempowregroup.com (name) (address) (if left blank, Landlord at Landlord’s address) and 407-456-3537 of maintenance and repair requests. (lelephone number) 411. ASSIGNMENT. Unless this box [1 is checked, Tenant may not assign the Lease or sublease all or any part of the Premises without first obtaining the Landlord’s written approval and consent to the assignment or sublease. 12. KEYS AND LOCKS. Landlord shall furnish Tenant 2 # of sets of keys to the dwelling # of mail box keys # of garage door openers souk1KS|2§ pont 7A minne nsnt et coy eup serene st RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar. ‘Serialit: 021464-200157-3857636 Form Simplicity Authentisign 1D: 0C! -2F--ADBE-463C-9A1F-95779492662E If there is a homeowners’ association, Tenant will be provided with the following to access the association's common areas/facilities: # of keys to # of remote controls to # of electronic cards to other (specify) to At end of Lease Term, all items specified in this paragraph shall be returned to THE EMPOWRE GROUP (name) at PO BOX 470549, KISSIMMEE, FL 34747 (If left blank, Landlord at Landlord's address). (address) 13. LEAD-BASED PAINT. [] Check and complete if the dwelling was built before January 1, 1978, Lead Warning Statement (when used in this article, the term Lessor refers to Landlord and the term Lessee refers to Tenant). Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure (initial) (a) Presence of lead-based paint or lead-based paint hazards (check (i) or (ii) below): Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (ii), Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the Lessor (check (i) or (ii) below): (i) Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). (ii) Oo Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Lessee's Acknowledgment (initial) (c) Lessee has received copies of all information listed above. (d) Lessee has received the pamphlet Protect Your Family From Lead in Your Home. Agent's Acknowledgment (initial) (e) Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. Lessor's signature Date Lessor's signature Date Lessee's signature Date Lessee's signature Date Agent's signature Date Agent's signature Date 14, SERVICEMEMBER. If Tenant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Lease as provided in Section wel ¢Ge 83.6% jes the provisions bic can be found in the attachment to this Lease. Ten KS| BS bna Landlord (__) acknowledge receipt of a copy of this page, which is Page 4 of 18. RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar. Serial: 021464-200157-3857636 Form Simplicity Authentisign 1D: 0C9SBF2F-ADSE-463C-9A1F-05779492662E 15, LANDLORD'S ACCESS TO THE PREMISES. Landlord's Agent may enter the Premises in the following circumstances: A. At any time for the protection or preservation of the Premises. B. After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises. C. To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors under any of the following circumstances: (1) with Tenant's consent; (2) in case of emergency; (3) when Tenant unreasonably withholds consent; or (4) if Tenant is absent from the Premises for a period of at least one-half a rental installment period. (If the rent is current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant's consent or for the protection or preservation of the Premises.) 16. HOMEOWNERS’ ASSOCIATION. IF TENANT MUST BE APPROVED BY A HOMEOWNERS’ ASSOCIATION (“ASSOCIATION”), LANDLORD AND TENANT AGREE THAT THE LEASE IS CONTINGENT UPON RECEIVING APPROVAL FROM THE ASSOCIATION. ANY APPLICATION FEE REQUIRED BY AN ASSOCIATION SHALL BE PAID BY [] LANDLORD (1 TENANT. IF SUCH APPROVAL IS NOT OBTAINED PRIOR TO COMMENCEMENT OF LEASE TERM, EITHER PARTY MAY TERMINATE THE LEASE BY WRITTEN NOTICE TO THE OTHER GIVEN AT ANY TIME PRIOR TO APPROVAL BY THE ASSOCIATION, AND IF THE LEASE IS TERMINATED, TENANT SHALL RECEIVE RETURN OF DEPOSITS SPECIFIED IN ARTICLE 5, IF MADE. If the Lease is not terminated, rent shall abate until the approval is obtained from the association. Tenant agrees to use due diligence in applying for association approval and to comply with the requirements for obtaining approval. © Landlord 1 Tenant shall pay the security deposit required by the association, if applicable. 17. USE OF THE PREMISES. Tenant shall use the Premises for residential purposes. Tenant shall have exclusive use and right of possession to the dwelling. The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and all covenants and restrictions affecting the Premises and all rules and regulations of homeowners’ associations affecting the Premises. Tenant may not paint or make any alterations or improvements to the Premises without first obtaining the Landlord's written consent to the alteration or improvement. However, unless this box [] is checked, Tenant may hang pictures and install window treatments in the Premises without Landlord's consent, provided Tenant removes all such items before the end of the Lease Term and repairs all damage resulting from the removal. Any improvements or alterations to the Premises made by the Tenant shall become Landlord's property. Tenant agrees not to use, keep, or store on the Premises any dangerous, explosive, toxic material which would increase the probability of fire or which would increase the cost of insuring the Premises. 18, RISK OF LOSS/INSURANCE, A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct. B. Tenant should carry insurance covering Tenant's personal property and Tenant's liability insurance. 19, PROHIBITED ACTS BY LANDLORD. Landlord is prohibited from taking certain actions as described in Section 83.67, Florida Statutes, the provisions of which can be found in the attachment to this Lease. 20. CASUALTY DAMAGE. If the Premises are damaged or destroyed other than by wrongful or negligent acts of Tenant or persons on the Premises with Tenant's consent, so that the use of the Premises is substantially impaired, Tenant may terminate the Lease within 30 days after the damage or destruction and Tenant will immediately vacate the Premises. If Tenant vacates, Tenant is not liable for rent that would have been due after the date of termination. Tenant may vacate the part of the Premises rendered unusable by the damage or destruction, in which case Tenant's liability for rent shall be reduced by the fair rental value of the part of the Premises that was damaged or destroyed. 21. DEFAULTS/REMEDIES. Should a party to the Lease fail to fulfill their responsibilities under the Lease or need to determine whether there has been a default of the Lease, refer to Part II, Chapter 83, entitled Florida Residential Landlord and Tenant Act which contains information on defaults and remedies. A copy of the current version of this Act is attached to the Lease. 22. SUBORDINATION. The Lease is automatically subordinate to the lien of any mortgage encumbering the fee title to the Premises from time to time. 23, LIENS. THE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY THE TENANT AS PROVIDED IN SECTION 713.10, FLORIDA STATUTES. Tenant shall notify all parties performing work on the Premises at Tenant's request that the Lease does not allow any liens to attach to Landlord's interest. 24, RENEWAL/EXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and Tenant, but the term of a renewal or extension together with the original Lease Term may not exceed one year. A new lease is required for each year. 25. TENANT'S TELEPHONE NUMBER. Tenant shall, within 5 business days of obtaining telephone services at the Premises, send written notice to Landlord of Tenant's telephone numbers at the Premises. 26. ATTORNEYS' FEES. In any lawsuit brought to enforce the Lease or under applicable law, the party in whose favor a judgment or oe decre fe fe K refideredjmay recover easgnable court costs, including attorneys’ fees, from the non-prevailing party. | Tena Ko | BS ’ and Landlord (__) acknowledge receipt of a copy of this page, which is Page 5 of 18. RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar. Serial: 021464-200157-3857636 Form Simplicity Authentisign ID; OC9SBF2F-ADSE~163C-9A1F-95779492662E 27. MISCELLANEOUS. A. Time is of the essence of the performance of each party's obligations under the Lease. B. The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted assigns of Landlord and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever used, the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders. C. The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or terminated orally. D. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord. —. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida. F. A facsimile copy of the Lease and any signatures hereon shall be considered for all purposes originals. G. As required by law, Landlord makes the following disclosure: "RADON GAS." Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. 28. BROKERS' COMMISSION. [] Check and complete if applicable. The brokerage companies named below will be paid the commission set forth in this paragraph by CJ Landlord 1 Tenant for procuring a tenant for this transaction. Real Estate Licensee Real Estate Licensee Real Estate Brokerage Company Real Estate Brokerage Company Commission Commission 29, TENANT'S PERSONAL PROPERTY. TENANT MUST INITIAL IN THIS BOX [___] FOR THE FOLLOWING PROVISION TO. APPLY. BY SIGNING THIS 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. The Lease. has been executed by the parties on the dates indicated below. 11/16/2019 LanURAwee Sig MM ESFe Date indlord's.Signature Date To Stor 14/15/2019 Landiores Signature Date naint'seSignature 11/15/2019 K Suttow Fenaphgesianatwecr Date Barbora Sutton 11/15/2019 TenwneSSgrA mE Date This form was completed with the assistance of: Name of Individual: Name of Business: Address: Telephone Number: Copy of Current Version of Florida Residential Landlord and Tenant Act, Part Il, Chapter 83, Florida Statutes to Be Attached sensu | KSB Jn Landlord (a (____) acknowledge receipt ofa copy of this page, which is Page 6 of 18. RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar. Serial: 021464-200157-3857636 Form Simplicity Authentisign ID: 0C95BF2F-ADSE~463C-9A1F-95779492662E Early Termination Fee/Liquidated Damages Addendum CO lagree, as provided in the rental agreement, to pay $ (an amount that does not exceed two months' rent) as liquidated damages or an early termination fee if | elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession. [J | do not agree to liquidated damages or an early termination fee, and | acknowledge that the landlord may seek damages as provided by law. Landlord's Signature Date Landlord's Signature Date Pf To Stor 11/15/2019 Date Bhants Signature Kelly Suttow 11/15/2019 Temeaes Signeterest Date 11/15/2019 Terrane’e @itgrerta rat est Date RLHD-3x Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar. Serial: 021464-200157-3857636 Form Simplicity ‘Authentisign (0: OC9SBF2 (DBE-4630-9A1F-95779492662E Florida Residential Landlord and Tenant Act PART II RESIDENTIAL TENANCIES 83.40 Short title. 83.44 Application. 83.42 Exclusions from application of part. 83.43 Definitions. 83.44 Obligation of good faith. 83.45 Unconscionable rental agreement or provision 83.46 Rent; duration of tenancies. 83.47 Prohibited provisions in rental agreements. 83.48 Attorney fees. 83.49 Deposit money or advance rent; duty of landlord and tenant. 83.50 Disclosure of landlord's address. 83.51 Landlord's obligation to maintain premises. 83.52 Tenant's obligation to maintain dwelling unit. 83.53 Landlord's access to dwelling unit. 83.535 Flotation bedding system; restrictions on use. 83.54 Enf