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Filing # 194613046 E-Filed 03/22/2024 11:52:46 AM
IN THE COUNTY COURT, BREVARD COUNTY, FLORIDA
CIVIL DIVISION
LONDALE AVE LLC, A LIMITED LIABILITY
COMPANY
Plaintiff,
CASE NO.
-Vs- DIVISIO.
THE PINEWOOD HOLDING COMPANY LLC
Defendant(s). _/
COMPLAINT FOR EVICTION
Plaintiff, Londale Ave LLC, dba Palm Bay Club Condo Rentals , by and through the undersigned
counsel, sues Defendant(s), The Pinewood Holding Company LLC, and alleges:
1 This is an action to evict tenants from real property located in Brevard County, Florida.
2 The Plaintiff is the landlord of the following real property in said county:
Palm Bay Club
2711 Pinewood Dr NE, Palm Bay, FL 32905
Defendant(s) hold possession of said property under a written rental agreement (Exhibit A). (Note
electronic signatures where applicable, if rental agreement electronically sign.)
Defendant(s) failed to pay rents due on or before March 6, 2024 of $1,375.00.
The Plaintiff served Defendant(s) the Statutory Notice (Exhibit B) on March 6, 2024 to pay rents due
at that time or to vacate the premises, but the Defendant(s) refused to do either. (Note
Affidavit/Verification of Service where applicable, if Statutory Notice served by process server.)
WHEREFORE, Plaintiff demands judgment for possession of the property against the Defendant(s),
release of any funds deposited into the Registry of the Court, costs and attorney fees, and such other relief
as is appropriate.
DATED: March 20, 2024 /s/ Whitney H. Daly
Whitney H. Daly
Attorney for Plaintiff/FBN 0117667
The MGFD Law Firm PA
2753 SR 580, Ste 209/Clearwater, FL 33761
727-726-1900/Fax 727-726-7440
Email: eservice@mgfdlaw.com
99465
Filing 194613046 VS 05-2024-CC-021057-XXCC-BC.
EXHIBIT A
LEASE CONTRACT
CERTIFIED Lease ff} FLORIDA
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Owner Address: Phone
Londale Ave, LLC 1923 Pinewood Dr NE Palm Bay, FL 32905 (321) 724-2414
‘Agent Address. Phone
FP! Management, Inc 800 Iron Point Road Folsom, CA 95630 (916) 357-5300
Residential Community
Palm Bay Club Condominiums
Street Address City State ZIP
1923 Pinewood Dr NE Paim Bay Florida 32905
Residents: Leased Premises
The Pinewood Holding Company, LLC 2714
Street Address City State ZIP
2711 Pinewood Dr NE Palm Bay Florida 32905
pe No matt
Type Length Move-in Date ‘Start Date End Date Date Signed
@ Move-in Renewal 1 year 10/20/2023 10/20/202. 10/4 9/2024 October 16, 2023
las
Payable To Address Phone
Londale Ave, LLC 1880 Mogra Circle NE, Palm Bay, FL_ 32905 (321) 724-2414
Office Hours: Due On Late On Fax
9-6 M-F 10-5 Sat and 1-5 dst 4th ( )
Lock Change Charge $100.00 Failure to Clean Animal $50.00 Online Payment $25.00
Waste Charge Chargeback
Key Replacement Charge $10.00 Late Payment $150.00 Dishonored Payment $35.00
Smoke/CO Alarm $75.00 Failure to Clean Garbage $25.00 Window Screen $40.00
Tampering Charge Charge Replacement
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Prorated Rent and $1,803.2: Total Deposits $1,300.00 Total One-Time Fees $0.00
Monthly Charges
TOTAL DUE ON OR BEFORE MOVE-IN (Rent includes 12 days prorated October 2023 + November 2023) $3,103.23
CREsim Ger Ba RES} fe) e ae) fo) Nea dca ot o)
Base Rent $1,300.00 |} Security Deposit $1,300.00 Application Fee(s) $0.00
TOTAL MONTHLY $1,300.00 || TOTAL DEPOSIT $1,300.00 TOTAL ONE-TIME FEES $0.00
PAYMENT
THIS RESIDENTIAL LEASE CONTRACT (this "Agreement”) is made and entered into as of the 20th day of October, 2023,
by and between Owner the Residential Community ("Owner") and The Pinewood Holding Company, LLC, jointly and severally
(hereinafter collectively "Residents"). Owner hereby leases to Residents the premises at_2711 Pinewood Dr NE.
BAY, FL 32905 (the "Leased Premises"), which is located within Palm Bay Club (the "Residential Community"), for
use exclusively asa private residence, and not for any other purpose. The Leased Premises may also include the rental of
parking, storage or garage spaces, if applicable, which will be designated and included in a separate written agreement.
Residents'performance of their obligations contained in this Agreement may be guaranteed by a third party. Any third party
guarantee agreements will be included with and attached to this Agreement. Owner's representatives,
agents, affiliates, successors,assigns, employees,officers, and directors are hereby incorporated by reference to benefit
from any and ail waivers,releases, and limitations of liability made by Residents hereunder. Owner has designated the
following person or entity to manage the Leased Premises
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on behalf of the Owner, and is authorized ta act on behalf of Owner for the purpose of receiving service of process and
receiving notices and demands: FP! Management, Inc, 800 Iron Point Road Folsom, CA 95630, 916 357-5300.
4 OCCUPANCY OF THE LEASED PREMISES. The Leased Premises may be occupied solely by Residents. if any
person other than the Resident or Occupant occupies the Leased Premises for more than six (6) consecutive days or
fourteen (14) total days in any twelve (12) month period, such person shall be deemed to reside in the Leased Premises
in violation of this Agreement. Residents acknowledge that allowing unauthorized occupants to reside in the Leased
Premises shall be deemed a material and incurable breach of this Agreement, and shail entitle Owner to serve Residents
with a notice terminating the tenancy.
All changes in occupancy require Owner's prior written consent. If Owner consents to an occupancy change during the
term of this Agreement, a new Residential Lease Contract or an amendment to this Agreement must be executed, Any
assignment or subletting without Owner's prior written consent shall be void and shall, at Owner's sole discretion,
terminate this Agreement. Owner's acceptance of rent from any person, not identified as a Resident or an authorized
occupant, shall be deemed to be the payment of rent on behalf of Residents and shall not constitute Owner's consent for
said person to occupy or reside in the Leased Premises.
TERM. This Agreement shail be for a fixed lease term of 1 year. The initial term (“Initial Term") of this
Agreement shail begin on October 20, 2023 and end at 11:59pm on October 19, 2024. Thereafter, this Agreement will
automatically renew for successive month to month terms unless either party provides written notice that it will not renew
at least sixty (60) days prior to the expiration of the Initial Term or the parties execute a new Residential Lease Contract.
For month-to-month tenancies, either party must provide written notice that it will not renew at least fifteen (15) days
before the next monthly rental payment is due.
SECURITY DEPOSIT. Residents have deposited with Owner the sum of $1,300.00, the receipt of which is hereby
acknowledged as a security deposit. Ail or a portion of the security deposit may be retained by Owner in the event
Residents become liable for any of the charges listed below. The retention of the security deposit shail not limit Owner's
right to proceed against Residents for claims and damages exceeding the amount of the security deposit. Security
deposits or advance rent is held in a separate, non-interest bearing account on Residents’ behalf at: CIBC, 120 South
La‘ Salle, Chicago, iL. 60603.
Owner may recover amounts owed by Residents from the security deposit for any lawful reason including, but not limited
to, the following: any damages or loss caused by Residents’ default or breach of this Agreement; delinquent or unpaid
rent; late fees; electricity; electricity, gas, water, sewer, stormwater, or other utility charges; damages to the Leased
Premises cause by simple neglect, intentional act, accident, or inaction; the replacement cost of fixtures or other items.
contained in the Leased Premises that are damaged or destroyed; service charges; batteries for smoke detectors or other
safety devices; unreturned, damaged or missing keys or entry devices; replacement light bulbs; delinquent fees or unpaid
deposits; the costs of rekeying or disabling unauthorized security systems and alarms; pet charges; government
assessments against the Owner caused by Residents, Occupants, or guests; trash removal; all costs associated with
ilegally parked vehicles, including removal; returned check fees; and removal and storage of items left in the Leased
Premises. If the security deposit does not cover ail of the Owner's loss, Residents are liable for any unsatisfied amounts.
Residents acknowledge receiving a copy of Fla. Stat. § 83.49(2)(d) which provides as follows:
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE
RENTS TO THE LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT,
YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES
REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE
OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO
THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE
LANDLORD'S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING
DEPOSIT, IF ANY.
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT
MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE
LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY,
THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES
PAYABLE BY THE LOSING PARTY.
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART Il OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE
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RENT. Residents agree to pay to Owner, as rent for the Leased Premises, the sum of $1,3 per month. If
Residents’ tenancy initially commences after the first (1st) day of the month, Residents agree to pay $503.23, due
October 20, 2023, as prorated rent for the first partial month. Except as otherwise provided, rent shail be paid in full and
received in advance, with no grace period and without demand, on or before the ist day of each month in the form of
online payment, debit, personal check or certified check. Rent and all other sums due to Owner will be payable to
Londale Ave, LLC, 1880 Mogra Circle NE. Paim Bay, FL, 32905, (321) 724-2414. The usual days and hours when
payments may be made personally are: 9-6 M-F 10-5 Sat and 1-
Payments made will not be held at the request of anyone- all payments made will be directly deposited. It is Residents’
responsibility to be certain that each payment {s actually received by Owner on or before its due date. Use of a rental
payment drop box, if one is provided by Owner, is for Residents’ convenience — the risk of receipt of funds by Owner
when such box is used is Residents’ risk, and not Owner's risk.
if in any month, rent is not paid before the 4th day of the month, payment must be in the form of certified check or
money order. if Owner serves Residents with a notice to pay rent or surrender possession, which Owner may do on any
date after the ist day of the month, any payment tendered following service of said notice must be in the form of certified
heck or money order
41, First Payment. Residents shall pay the first month's rent on or before the Initial Term begins, Payment
shall be in the form of certified check or money order. In the event Residents fail to pay the first morith’s rent, Owner
shall be entitled to recover ail damages suffered, including any future rent as it becomes due and other amounts subject
to any mitigation of Owner's loss.
4,2. Online Payments. Residents are permitted to make rent payments via an online web-based service.
Payment of rent online, while such service is provided by Owner, is for Residents’ convenience - the risk of receipt of
funds by Owner when such service is used is Residents’, and not Owner's, risk. Furthermore, Residents hereby agree not
to chargeback any rent payments made by credit card, debit card, EFT, ACH or any other electronic means to Owner.
Residents shall pay Owner a sum of $25.00 for each chargeback, as a liquidated damage. In the event of a chargeback,
Residents may, at Owner's option, be required to pay the rent and applicable late charges by certified check or money
‘der. If one (1) or more payments submitted by Residents are charged back in any twelve (12) month period, Residents
shall be required to pay ail future rent and other charges by certified check or money order
LATE PAYMENTS AND FEES. Owner and Residents agree that it is and will be impracticable and extremely difficult
to fix the actual damages suffered by Owner in the event Residents make a late payment of rent, or when Residents
make a payment that is subsequently dishonored by the bank, and that the below charges represent a reasonable
approximation of the damages Owner is likely to suffer from a late or dishonored payment. Owner and Residents further
agree that this provision does not establish a grace period of the payment of rent, and that Owner may give Residents a
written notice to pay or quit the Leased Premises in accordance with State law at any time after the payment is due.
Owner shail have all remedies under the law and this Agreement in the event Resident fails to timely pay the rent or other
amounts owed. At Owner's sole discretion, Owner may report any delinquent rent or other amounts owed to a credit
reporting agency. Ail late fees shall be deemed additional rent.
5.1. Late Payments. Residents shall pay the total amount of rent owed on or before the 1st day of the month.
if Residents fail to timely pay all rent, Owner is entitled to a late fee of $ on the 4th day of the month.
5.2. Dishonored Payments. Residents shall owe $: for each dishonored payment plus any applicable
late fees described in this Agreement until all amounts owed are paid. Residents must resolve dishonored payments
caused as a result of bank with the bank. Owner is unable to waive the charge for dishonored payments or any late fees.
in the event of a dishonored payment, Residents may, at Owner's option, be required to pay the rent and applicable late
charges by certified check or money order. If one (1) or more payments submitted by Residents are, for any reason
whatsoever, dishonored by the financial institution upon which it is drawn in any ive (12) month period, Residents
shail be required to pay all future rent and other charges by certified check or money order plus any and ail costs
required in the collection of said payments.
6. PAYMENTS. Owner is not obligated fo accept any payment for rent or other charge after it is due. Except for rent, all
other charges are due immediately and to be paid upon Owner's demand. To the extent allowed by law, Owner first may
apply payments received fo any unpaid amounts other than rent, irrespective of any written or verbal requests by the
Residents or when the charges may have been accrued.
RENT INCREASES. For fixed term leases, Owner will provide at least sixty (60) day written notice prior to the
expiration of the Initial Term detailing any rent increases or changes to this Agreement. The new rent shall take effect at
the end of the Initial Term, For month-to-month tenancies, Owner will provide at least fifteen (15) y written notice prior
to the next monthly rental payment due date detailing any rent increases or changes to this Agreement. The new rent
shail take effect on the date state in the notice and after the then current lease term expires.
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COMPLIANCE WITH RULES, LAWS, AND REGULATIONS, Residents hereby acknowledge receipt of a copy of the
Residential Community's Policies and Rules (the “Rules"), which are incorporated into and made a part of this
Agreement. Residents agree to abide by said Rules in all respects. Owner may make reasonabie changes to the Rules
upon providing thirty (30) days written notice to Residents, and Residents agree to abide by such changes if they are
distributed and applicable to the Residential Community and do not change the rent. Failure to comply with the Rules
shail be deemed a breach of this Agreement.
Residents agree not to harass, annoy, or endanger any other resident or person, or create or maintain a nuisance, or
disturb the peace or solitude of any other resident, or commit waste in or about the Leased Premises. Residents are
responsible for the conduct of any members of their household, Occupants, or guests while present at the Residential
Community. Residents further agree not to harass, verbally abuse, denigrate or otherwise disrespect Owner's employees,
agents and/or contractors or interfere with Owner's business operations. Failure to abide by this policy may resuit in the
termination of this Agreement.
Certain acts are considered to be contrary to the safety, well-being, peace, and enjoyment of the other residents of the
Residential Community. and therefore, will be considered to be a breach of this Agreement. These include, but are not
limited to: 1) violations of this Agreement, the Rules, or applicable fire, safety, health, or criminal laws, ordinances, or
regulations, regardless of whether or where arrest or conviction occurs; 2) Residents or occupants giving incorrect or
false answers in a rental application; ) Residents or any occupants being arrested, charged, detained, convicted, or
given deferred adjudication or pretrial diversion for an offense involving actual or potential physical harm to a person, or
involving possession, manufacture, or delivery of a controlled substance, or drug paraphernalia in violation of applicable
law, or any sex-related crime, including a misdemeanor; and 4) any illegal drugs or paraphernalia are found in the Leased
Premises.
MULTIPLE RESIDENTS OR OCCUPANTS. Residents will be in material breach of this Agreement if any Resident,
Occupant, or guest (whether invited or uninvited) violate any of the terms of this Agreement or the Rules. Residents are
jointly and severally llable for all obligations arising under this Agreement whether or not they remain in actual possession
of the Leased Premises. Notices or demands from Owner that are served upon any Resident, Occupant or guest are
deemed validly served upon ail Residents. Each Resident agrees and is deemed to be an agent for service of process for
all other Residents in eviction proceedings. Security deposit deduction itemizations may be sent to one Resident, and
shall constitute notice to all Residents. Owner may satisfy the duty to refund the security deposit by sending the total
amount owed to one Resident.
9.1. Replacements and Subletting. Without the prior written approval of Owner, replacing Residents or
subletting the Leased Premises is strictly prohibited. A. replacement of Residents or sublease will be subject to the
Owner's policies and underwriting requirements, reimbursement of Owner's expenses in connection with the replacement
or sublease, and final approval by the Owner of the Residents‘ replacement or sublessee. Residents who are replaced or
sublet the Leased Premises will continue to be liable for all of Residents’ obligations of this Agreement. Replaced
Residents and Sublessors relinquish their rights to a refund of the security deposit, and their right to possess or otherwise
occupy the Leased Premises. Any attempt to replace any Residents or sublet the Leased Premises without Owner's prior
written consent will be void. Residents shail not assign this Agreement.
40. USE OF LEASED PREMISES AND COMMON AREAS. Residents shall not do or permit anything te be done in or
about the Leased Premises that will in any way obstruct or interfere with the rights of other tenants or occupants of the
building or injure or annoy them or use or allow the Leased Premises to be used for any improper, unlawful, or
objectionable purpose. Further, Residents shall not cause, maintain, or permit any nuisance in, on, or about the Leased
Premises, or commit any waste in or on the Leased Premises, and shall promptly notify Owner in writing of any defective
or potentially defective conditions, in the Leased Premises, or in the Residential Community. Finally, Residents shail not
put the Leased Premises to any use that violates local zoning ordinances or any other law applicable to the Leased
Premises. Residents agree to reimburse and indemnify Owner for all fines or other penalties incurred by Owner as a
result of the violation of any statute, ordinance, regulation or other governmental restriction by Residents or any members.
of their household, Occupants, or guests. Nothing set forth herein shall be deemed as disallowing any use of the Leased
Premises that cannot legaily be prohibited.
Residents further agree to the following: 1) Residents must keep the Leased Premises and areas reserved for private use
clean and sanitary; 2) trash must be disposed of at least weekly in appropriate receptacles; 3) passageways may be used
only for entry or exit; 4) amenity areas must be used with care in accordance with the Rules and posted signs; 5) glass is
prohibited in all common areas; 6) conducting business of any kind in the Leased Premises or the Residential Community
is prohibited without Owner's prior written consent~any lawful business conducted at home by computer, mail, or
telephone is permissible if permitted by local zoning ordinance and customers, clients, patients, or other business
associates do not come to the Leased Premises for business purposes; 7) businesses allowed in a home by state or local
statute or ordinance will be permitted with proper licensing and notification provided to the Owner in advance of the
operation of the business; 8) Owner may exciude from the Residential Community guests or others, who in Owner's
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judgment, have been violating the law, violating this Agreement or any community rules, which includes anyone who is
disturbing other residents, neighbors, visitors, or Owner's representatives; 9) Owner may aiso exclude from any outside
area or common area anyone who refuses to show identification or identify themselves as a guest, occupant or resident
in the Residential Community; and 10) Residents agree to notify Owner if Residents or any occupants are convicted of a
felony, offense involving a controlled substance, vicience to another or destruction of property or if any of the above
register as a sex offender in any state. Any violation of these provisions shall be deemed a material and incurable breach
of this Agreement and shail entitle Ownerto serve Residents with notice terminating the tenancy.
"1 LEASED PREMISES AND FURNISHINGS. Residents acknowledge that Residents have inspected the Leased
Premises. Residents acknowledge that the Leased Premises are in a clean and good condition including painted
surfaces, carpets, flooring, all furniture, furnishings, fixtures, equipment and appliances. It shall be conclusively presumed
that said Leased Premises and all items, appliances and fixtures contained therein are in good working condition, uniess
Residents deliver a contrary statement in writing to Owner prior to or on the starting date of this Agreement. Residents
agree to diligently maintain the Leased Premises, be responsible for the proper care of any and all furniture, furnishings,
fixtures, appliances and equipment therein, and to keep the Leased Premises in a neat and clean condition. Residents
promise to return the Leased Premises and ail furniture, furnishings, fixtures, equipment and appliances to Owner in the
same condition at the time Residents vacate the Leased Premises as when first rented, less normal wear and tear.
Residents further acknowledge that the smoke detector and/or carbon monoxide detector is operable and it is the
responsibility of Residents to maintain the smoke detector and/or carbon monoxide detector in accordance with State law
and the manufacturer's recommendations. Residents must promptly report non-functional smoke and/or carbon monoxide
alarms to Owner so repairs can be made. The Leased Premises will be furnished with the following items: Refrigerator
Stove/Oven Dishwasher.
All appliances are installed per manufacturers’ specifications and may be anchored. Residents shail not move, un-hook,
or relocate any appliance connected to a gas/water source or floor drain connection at any time. Residents agree to
promptly notify in writing (service request form) or by electronic notification to Owner of any defects, dilapidations,
dangerous conditions, or other needed repairs as said conditions become evident. Residents agree to immediately
reimburse Owner for any sums incurred by Owner to repair the Leased Premises or any item, fixture, appliance or
appurtenance damaged by the misuse or neglect of Residents or any members of their househoid, Occupants, or guests.
This Agreement may not be terminated due to interruption of any service, including necessary repairs, beyond the control
of the Owner, unless otherwise required by law.
11.1. Smoke Detectors. Residents will not interfere with the presence or functionality of any smoke detectors
in the Leased Premises. Residents will report immediately and in writing any defects in the condition of any smoke
detectors. Residents assume the responsibility for ensuring the smoke detectors are in operating condition at ail times
and for replacing batteries as needed. Residents will be liable for $100.00 plus one month's rent and any actual damages
that result from Residents’ failure to report any malfunction with, or damage to, any smoke detector in the Leased
Premises.
11.2. Fire Protection. Fire protection is not available.
11.3. Building, Housing, or Health Codes. Owner will comply with all applicable building, housing, and health
codes related to the Leased Premises. Owner is not responsibie for repairing conditions caused or created by wrongful
acts or omissions of Residents, Occupants, or Residents’ guests.
12. UTILITIES. Owner agrees, at Owner's expense, to furnish the following utilities to the Leased Premises: None.
Residents agree to pay all charges (including utility deposits) not supplied by Owner, assessed by the utility provider (or
Owner, or Owner's designated Billing Party) in connection with Residents’ use of utilities during the term of this
Agreement, or the period of occupancy by the Residents, whichever is longer. Residents agree to pay the utility bills for
which they are responsible and ensure that utilities remain connected for the duration of the Initial Term or any renewal
period. Residents shall properly use all electrical, gas and plumbing fixtures and appliances only for their intended
purposes. Residents shail not install or operate any additional equipment or appliance, including, but not limited to,
portable generators, additional refrigerators and freezers, a dishwasher, washing machine, clothes dryer or an air
conditioning unit in the Leased Premises unless supplied by Owner or with Owner's prior written approval, Residents will
be responsible for the following utilities: Water, Sewer, Trash, Electric, and Gas.
Owner may modify the method by which the utilities are furnished to the Leased Premises or billed to Residents during
the term of this Agreement. in the event of interruption or failure of utility services that Owner is required to furnish, Owner
shail use reasonable diligence in its efforts to restore such services. Owner shall not be liable for any damages directly or
proximally caused by interruption or failure of utility service unless such interruption or failure of utility service is solely
due to Owner's failure to pay to the service provider for the provision of such services to the Leased Premises.
Owner reserves the right, at any time a past due balance is owing on the utilities, to apply any and all funds received from
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the Residents, including funds paid as rent, first to the past due balance and then any remaining funds will be applied to
Rent. Residents agree to this allocation of funds despite any {imiting or restrictive endorsement contained on the
payment. Further, if Residents fail to pay any utility charges that are to be paid by Residents, Owner may, at its option,
pay such charges in full to retain continuing utility services and bill Residents such charges as additional rent together
with the regular monthly rental payment on the 1st day of the month next following the date of such billing. When the
Residents move from the Leased Premises, the utility charges will be charged to and deducted from the security deposit.
It is understood and agreed between Owner and Residents that in the event submetered or allocation payments are not
made when due, it shail be considered a default under this Agreement.
13. DAMAGES, ALTERATIONS AND REPAIRS. Residents agree not to destroy, damage, deface or remove any part of
the Leased Premises or Residential Community or permit any persons or animals to do so and to assume ail liability for
damages other than ordinary wear and tear. Residents shall make no alterations to the Leased Premises without the prior
written consent of Owner. Any alteration made to the Leased Premises by Residents after that consent has been given,
and any fixtures installed as a part of that work, will at Owner's option become the Owner's property on the expiration or
earlier termination of this Agreement, provided, however, that Owner shall have the right to require Residents to remove
any fixtures at Residents’ cost on termination of this Agreement. Residents shall notify Owner of any dilapidations or other
defective conditions on the Leased Premises that require repairs. Residents agree not to install additional or different
locks, gates or alarms on any doors or windows of the Leased Premises without written permission of Owner. If Owner
approves Residents’ request to install such mechanisms, Residents agree to provide Owner with a key for each lock.
EXCEPT IN CASES OF EMERGENCIES OR FAIR HOUSING ACCOMMODATIONS, ALL NOTICES FROM
RESIDENTS OR OCCUPANTS TO OWNER REGARDING REPAIRS, SERVICES, OR SECURITY MUST BE SIGNED
BY RESIDENTS OR OCCUPANTS AND PROVIDED TO OWNER IN WRITTEN OR ELECTRONIC FORM ONLY, AS
SPECIFIED BY OWNER. Verbal requests from Residents, as well as written notes by Owner, Owner's employees, or
agents will not be considered proper notice under this provision, and Owner's compliance with Residents’ verbal requests
does not constitute waiver of the strict requirements of this Section. Incidents constituting emergencies include situations
where persons or property are in danger of imminent harm, such as fire, smoke, flooding water or active criminal activity.
Residents must immediately notify Owner of any repairs, service issues, or security issues in the Leased Premises or at
the Residential Community. Owner may terminate this Agreement upon reasonable notice to Residents if the Leased
Premises are substantially damaged or the performance of services or repairs creates a dangerto Residents, and Owner
may remove Residents’ personal property if it poses a safety or health hazard. Owner may temporarily interrupt services
as needed to prevent property damage or perform repairs, which will not constitute a reduction in services entitling
Residents to an abatement of rent, unless required by law.
44, RISK OF LOSS OF RESIDENTS’ PROPERTY. Residents shall bear the risk of loss of any and all of Residents’
personal property whether located in the Leased Premises, in garage/carport, designated storage areas or anywhere
within the Residential Community. Residents agree not to hold Owner, its agents and/or employees liable in any manner
for or on account of any loss or damages sustained by reason of the acts or omissions of third parties, or arising from any
casuaity (including but not limited to fire, smoke, rain, flood, water and pipe leaks, mold, hail, ice, snow, lightning, wind,
explosions, earthquake, interruption of utilities, theft, hurricane, negligence of other residents, occupants, or
invited/uninvited guests or vandalism, uniess otherwise required by law). Residents understand and agree that Residents,
any members of their household, Occupants, or guests are not beneficiaries of any insurance policies held by the Owner
or the Owner's agents. Residents are required to purchase and maintain personal liability insurance with a coverage limit
of no fess than $100,000.00 for the Initial Term and any renewal periods. Residents will be in material breach of this
Agreement if they fail to comply with the requirements of this provision.
15. ANIMALS. No animais are permitted without the prior written consent of Owner. Any such consent may be revoked at
any time, with or without cause, by giving 10 days written notice to Residents. Except to the extent written permission is
given, animals may not be brought upon the Leased Premises, whether such animals belong to Residents or to any other
person. The presence of any animals as to which written permission has not been given and is not currently in force,
even if such animals are “just visiting,” shall be deemed a material and incurable breach of this Agreement and shall be
cause for the service of a notice terminating the tenancy. Service animais or companion animals are not subject to these
provisions. However, Owner may require a written statement from a qualified professional verifying the need for the
service or companion animal.
16. HOLD HARMLESS FOR GUESTS. Residents agree to defend, protect, indemnify, and hold harmless Owner and
Owner's agents against and from any and ail claims, suits, liabilities, judgments, costs, demands, causes of action, and
expenses, brought by Residents’ Occupants, guests, or any other person in the Leased Premises with Residents’
permission. if any action or proceeding is brought against Owner or Owner's agents by reason of any such claim, upon
notice from the Owner, Residents shall defend the same at Residents expense by counsel reasonably satisfactory to
Owner.
17. DELIVERY OF LEASED PREMISES. if, for any reason, Owner is unable to provide occupancy to Residents by the
Residential Lease Contract - Florida, Certified Docs™ - Rev. 4/2023
Filing fifo: Gia Atk, vs 6 Bowsoowr Oexéc-sc
scheduled first day of the initial Term, this Agreement will continue to be in effect, and Residents may elect one of the
following remedies: a) a prorated daily abatement of rent until the date that Owner delivers possession of the Leased
Premises; or b) Residents may terminate this Agreement up until such time as Owner delivers possession. Owner will
have no liability to Residents if there is a delay of possession other than to refund any amounts paid to Owner under this
Agreement. Residents’ failure to take occupancy of the Leased Premises due to issues of cieanliness, repairs, or
services, does not constitute a failure of Owner to deliver possession of the Leased Premises.
18. RESPONSIBILITIES OF OWNER. Owner will act with customary diligence in keeping common areas reasonably
clean; maintaining fixtures and appliances; maintaining the roofs, windows, doors, floors, steps, porches, exterior walls,
foundations, and ail other structural components in good repair and capable of resisting normal forces and loads and the
plumbing in reasonable working condition; exterminating rats, mice, roaches, ants, and wood destroying organisms;
providing the initial set of locks and keys; providing for garbage removal and outside receptacles therefore; providing
running water, hot water, and functioning facilities for heat during the winter; complying with applicable safety, sanitation,
and fair housing laws; and making reasonable repairs, provided that Residents shall be required to pay for all darnages
for which they are liable.
18.1. Security. Owner makes no representations or guarantees to Residents concerning the security of the
Leased Premises or the Residential Community. Owner is under no obligation to Residents to provide any security
measure or take any action not required by statute. The presence of courtesy patrols, patrol cars, access gates,
surveillance cameras or other deterrents do not guarantee that crime can or will be prevented. All such systems are
subject to personnel absenteeism, human error, mechanical maifunctions and tampering. Residents are responsible for
planning and taking action with respect to the safety of Residents and their property as if such systems and deterrents did
not exist. Residents agree to immediately report all suspected or actual criminal activity to the appropriate local law
enforcement agencies and, after doing so, to Owner, and shall provide Owner with such law enforcement agency's
incident report number upon request.
Owner has no obligation to obtain criminal background checks on any Residents and bears no responsibility or liability
related to the criminal background or actions (whether past, present or future) of any person, even if Owner has actually
run a criminal background check on applicants. Residents shail not rely on the fact that Owner may have run a criminal
background check on Residents or any other applicant when deciding whether to enter into this Agreement. Background
checks are limited to the information actually reviewed and are not a guarantee that a person with a criminal background
does not reside at the Residential Community. Owner has not made and does not make any representations as to the
background of any existing or future tenant and Owner is under no obligation to run background checks on any existing
tenant or future applicant.
19, ACCESS. Owner may enter the Leased Premises under the following circumstances: 1) in case of emergency: 2) to
make necessary or agreed repairs, decorations, alterations, or improvements; 3) to supply necessary or agreed services;
4) to exhibit the Leased Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors; 5) if
Residents abandon or surrender the Leased Premises; 6) pursuant to court order; 7) to perform an inspection of the
Leased Premises; or 8) under any other circumstances permitted by state law. Owner will give Residents at least
twenty-four (24) hours notice of Owner's intent to enter unless: a) an emergency exists; b) Residents have abandoned
Preview
Filing # 194613046 E-Filed 03/22/2024 11:52:46 AM IN THE COUNTY COURT, BREVARD COUNTY, FLORIDA CIVIL DIVISION LONDALE AVE LLC, A LIMITED LIABILITY COMPANY Plaintiff, CASE NO. -Vs- DIVISIO. THE PINEWOOD HOLDING COMPANY LLC Defendant(s). _/ COMPLAINT FOR EVICTION Plaintiff, Londale Ave LLC, dba Palm Bay Club Condo Rentals , by and through the undersigned counsel, sues Defendant(s), The Pinewood Holding Company LLC, and alleges: 1 This is an action to evict tenants from real property located in Brevard County, Florida. 2 The Plaintiff is the landlord of the following real property in said county: Palm Bay Club 2711 Pinewood Dr NE, Palm Bay, FL 32905 Defendant(s) hold possession of said property under a written rental agreement (Exhibit A). (Note electronic signatures where applicable, if rental agreement electronically sign.) Defendant(s) failed to pay rents due on or before March 6, 2024 of $1,375.00. The Plaintiff served Defendant(s) the Statutory Notice (Exhibit B) on March 6, 2024 to pay rents due at that time or to vacate the premises, but the Defendant(s) refused to do either. (Note Affidavit/Verification of Service where applicable, if Statutory Notice served by process server.) WHEREFORE, Plaintiff demands judgment for possession of the property against the Defendant(s), release of any funds deposited into the Registry of the Court, costs and attorney fees, and such other relief as is appropriate. DATED: March 20, 2024 /s/ Whitney H. Daly Whitney H. Daly Attorney for Plaintiff/FBN 0117667 The MGFD Law Firm PA 2753 SR 580, Ste 209/Clearwater, FL 33761 727-726-1900/Fax 727-726-7440 Email: eservice@mgfdlaw.com 99465 Filing 194613046 VS 05-2024-CC-021057-XXCC-BC. EXHIBIT A LEASE CONTRACT CERTIFIED Lease ff} FLORIDA ey USM Eke NN By Mot boli BY oleh aid ot Owner Address: Phone Londale Ave, LLC 1923 Pinewood Dr NE Palm Bay, FL 32905 (321) 724-2414 ‘Agent Address. Phone FP! Management, Inc 800 Iron Point Road Folsom, CA 95630 (916) 357-5300 Residential Community Palm Bay Club Condominiums Street Address City State ZIP 1923 Pinewood Dr NE Paim Bay Florida 32905 Residents: Leased Premises The Pinewood Holding Company, LLC 2714 Street Address City State ZIP 2711 Pinewood Dr NE Palm Bay Florida 32905 pe No matt Type Length Move-in Date ‘Start Date End Date Date Signed @ Move-in Renewal 1 year 10/20/2023 10/20/202. 10/4 9/2024 October 16, 2023 las Payable To Address Phone Londale Ave, LLC 1880 Mogra Circle NE, Palm Bay, FL_ 32905 (321) 724-2414 Office Hours: Due On Late On Fax 9-6 M-F 10-5 Sat and 1-5 dst 4th ( ) Lock Change Charge $100.00 Failure to Clean Animal $50.00 Online Payment $25.00 Waste Charge Chargeback Key Replacement Charge $10.00 Late Payment $150.00 Dishonored Payment $35.00 Smoke/CO Alarm $75.00 Failure to Clean Garbage $25.00 Window Screen $40.00 Tampering Charge Charge Replacement mpeny cbse) ei.) sel-gEo) Prorated Rent and $1,803.2: Total Deposits $1,300.00 Total One-Time Fees $0.00 Monthly Charges TOTAL DUE ON OR BEFORE MOVE-IN (Rent includes 12 days prorated October 2023 + November 2023) $3,103.23 CREsim Ger Ba RES} fe) e ae) fo) Nea dca ot o) Base Rent $1,300.00 |} Security Deposit $1,300.00 Application Fee(s) $0.00 TOTAL MONTHLY $1,300.00 || TOTAL DEPOSIT $1,300.00 TOTAL ONE-TIME FEES $0.00 PAYMENT THIS RESIDENTIAL LEASE CONTRACT (this "Agreement”) is made and entered into as of the 20th day of October, 2023, by and between Owner the Residential Community ("Owner") and The Pinewood Holding Company, LLC, jointly and severally (hereinafter collectively "Residents"). Owner hereby leases to Residents the premises at_2711 Pinewood Dr NE. BAY, FL 32905 (the "Leased Premises"), which is located within Palm Bay Club (the "Residential Community"), for use exclusively asa private residence, and not for any other purpose. The Leased Premises may also include the rental of parking, storage or garage spaces, if applicable, which will be designated and included in a separate written agreement. Residents'performance of their obligations contained in this Agreement may be guaranteed by a third party. Any third party guarantee agreements will be included with and attached to this Agreement. Owner's representatives, agents, affiliates, successors,assigns, employees,officers, and directors are hereby incorporated by reference to benefit from any and ail waivers,releases, and limitations of liability made by Residents hereunder. Owner has designated the following person or entity to manage the Leased Premises Filing off onc: Cbd Aue vs estonia Lease Contac BES Oak Bits Geec-ac BB on behalf of the Owner, and is authorized ta act on behalf of Owner for the purpose of receiving service of process and receiving notices and demands: FP! Management, Inc, 800 Iron Point Road Folsom, CA 95630, 916 357-5300. 4 OCCUPANCY OF THE LEASED PREMISES. The Leased Premises may be occupied solely by Residents. if any person other than the Resident or Occupant occupies the Leased Premises for more than six (6) consecutive days or fourteen (14) total days in any twelve (12) month period, such person shall be deemed to reside in the Leased Premises in violation of this Agreement. Residents acknowledge that allowing unauthorized occupants to reside in the Leased Premises shall be deemed a material and incurable breach of this Agreement, and shail entitle Owner to serve Residents with a notice terminating the tenancy. All changes in occupancy require Owner's prior written consent. If Owner consents to an occupancy change during the term of this Agreement, a new Residential Lease Contract or an amendment to this Agreement must be executed, Any assignment or subletting without Owner's prior written consent shall be void and shall, at Owner's sole discretion, terminate this Agreement. Owner's acceptance of rent from any person, not identified as a Resident or an authorized occupant, shall be deemed to be the payment of rent on behalf of Residents and shall not constitute Owner's consent for said person to occupy or reside in the Leased Premises. TERM. This Agreement shail be for a fixed lease term of 1 year. The initial term (“Initial Term") of this Agreement shail begin on October 20, 2023 and end at 11:59pm on October 19, 2024. Thereafter, this Agreement will automatically renew for successive month to month terms unless either party provides written notice that it will not renew at least sixty (60) days prior to the expiration of the Initial Term or the parties execute a new Residential Lease Contract. For month-to-month tenancies, either party must provide written notice that it will not renew at least fifteen (15) days before the next monthly rental payment is due. SECURITY DEPOSIT. Residents have deposited with Owner the sum of $1,300.00, the receipt of which is hereby acknowledged as a security deposit. Ail or a portion of the security deposit may be retained by Owner in the event Residents become liable for any of the charges listed below. The retention of the security deposit shail not limit Owner's right to proceed against Residents for claims and damages exceeding the amount of the security deposit. Security deposits or advance rent is held in a separate, non-interest bearing account on Residents’ behalf at: CIBC, 120 South La‘ Salle, Chicago, iL. 60603. Owner may recover amounts owed by Residents from the security deposit for any lawful reason including, but not limited to, the following: any damages or loss caused by Residents’ default or breach of this Agreement; delinquent or unpaid rent; late fees; electricity; electricity, gas, water, sewer, stormwater, or other utility charges; damages to the Leased Premises cause by simple neglect, intentional act, accident, or inaction; the replacement cost of fixtures or other items. contained in the Leased Premises that are damaged or destroyed; service charges; batteries for smoke detectors or other safety devices; unreturned, damaged or missing keys or entry devices; replacement light bulbs; delinquent fees or unpaid deposits; the costs of rekeying or disabling unauthorized security systems and alarms; pet charges; government assessments against the Owner caused by Residents, Occupants, or guests; trash removal; all costs associated with ilegally parked vehicles, including removal; returned check fees; and removal and storage of items left in the Leased Premises. If the security deposit does not cover ail of the Owner's loss, Residents are liable for any unsatisfied amounts. Residents acknowledge receiving a copy of Fla. Stat. § 83.49(2)(d) which provides as follows: YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND. YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY. THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART Il OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE can YOUR LEGAL RIGH Initial: Residential Lease Contract - Florida, Certified Docs™ - Rev. 4/2023 Filing pow: CAR Hod vs 2 boomer Qoérc-8c RENT. Residents agree to pay to Owner, as rent for the Leased Premises, the sum of $1,3 per month. If Residents’ tenancy initially commences after the first (1st) day of the month, Residents agree to pay $503.23, due October 20, 2023, as prorated rent for the first partial month. Except as otherwise provided, rent shail be paid in full and received in advance, with no grace period and without demand, on or before the ist day of each month in the form of online payment, debit, personal check or certified check. Rent and all other sums due to Owner will be payable to Londale Ave, LLC, 1880 Mogra Circle NE. Paim Bay, FL, 32905, (321) 724-2414. The usual days and hours when payments may be made personally are: 9-6 M-F 10-5 Sat and 1- Payments made will not be held at the request of anyone- all payments made will be directly deposited. It is Residents’ responsibility to be certain that each payment {s actually received by Owner on or before its due date. Use of a rental payment drop box, if one is provided by Owner, is for Residents’ convenience — the risk of receipt of funds by Owner when such box is used is Residents’ risk, and not Owner's risk. if in any month, rent is not paid before the 4th day of the month, payment must be in the form of certified check or money order. if Owner serves Residents with a notice to pay rent or surrender possession, which Owner may do on any date after the ist day of the month, any payment tendered following service of said notice must be in the form of certified heck or money order 41, First Payment. Residents shall pay the first month's rent on or before the Initial Term begins, Payment shall be in the form of certified check or money order. In the event Residents fail to pay the first morith’s rent, Owner shall be entitled to recover ail damages suffered, including any future rent as it becomes due and other amounts subject to any mitigation of Owner's loss. 4,2. Online Payments. Residents are permitted to make rent payments via an online web-based service. Payment of rent online, while such service is provided by Owner, is for Residents’ convenience - the risk of receipt of funds by Owner when such service is used is Residents’, and not Owner's, risk. Furthermore, Residents hereby agree not to chargeback any rent payments made by credit card, debit card, EFT, ACH or any other electronic means to Owner. Residents shall pay Owner a sum of $25.00 for each chargeback, as a liquidated damage. In the event of a chargeback, Residents may, at Owner's option, be required to pay the rent and applicable late charges by certified check or money ‘der. If one (1) or more payments submitted by Residents are charged back in any twelve (12) month period, Residents shall be required to pay ail future rent and other charges by certified check or money order LATE PAYMENTS AND FEES. Owner and Residents agree that it is and will be impracticable and extremely difficult to fix the actual damages suffered by Owner in the event Residents make a late payment of rent, or when Residents make a payment that is subsequently dishonored by the bank, and that the below charges represent a reasonable approximation of the damages Owner is likely to suffer from a late or dishonored payment. Owner and Residents further agree that this provision does not establish a grace period of the payment of rent, and that Owner may give Residents a written notice to pay or quit the Leased Premises in accordance with State law at any time after the payment is due. Owner shail have all remedies under the law and this Agreement in the event Resident fails to timely pay the rent or other amounts owed. At Owner's sole discretion, Owner may report any delinquent rent or other amounts owed to a credit reporting agency. Ail late fees shall be deemed additional rent. 5.1. Late Payments. Residents shall pay the total amount of rent owed on or before the 1st day of the month. if Residents fail to timely pay all rent, Owner is entitled to a late fee of $ on the 4th day of the month. 5.2. Dishonored Payments. Residents shall owe $: for each dishonored payment plus any applicable late fees described in this Agreement until all amounts owed are paid. Residents must resolve dishonored payments caused as a result of bank with the bank. Owner is unable to waive the charge for dishonored payments or any late fees. in the event of a dishonored payment, Residents may, at Owner's option, be required to pay the rent and applicable late charges by certified check or money order. If one (1) or more payments submitted by Residents are, for any reason whatsoever, dishonored by the financial institution upon which it is drawn in any ive (12) month period, Residents shail be required to pay all future rent and other charges by certified check or money order plus any and ail costs required in the collection of said payments. 6. PAYMENTS. Owner is not obligated fo accept any payment for rent or other charge after it is due. Except for rent, all other charges are due immediately and to be paid upon Owner's demand. To the extent allowed by law, Owner first may apply payments received fo any unpaid amounts other than rent, irrespective of any written or verbal requests by the Residents or when the charges may have been accrued. RENT INCREASES. For fixed term leases, Owner will provide at least sixty (60) day written notice prior to the expiration of the Initial Term detailing any rent increases or changes to this Agreement. The new rent shall take effect at the end of the Initial Term, For month-to-month tenancies, Owner will provide at least fifteen (15) y written notice prior to the next monthly rental payment due date detailing any rent increases or changes to this Agreement. The new rent shail take effect on the date state in the notice and after the then current lease term expires. Filing 19} Bp Shetek Residential Lease Contract - Florida, Certified Doos™ - Rev. 4/2023 Boome OrSBc-sc COMPLIANCE WITH RULES, LAWS, AND REGULATIONS, Residents hereby acknowledge receipt of a copy of the Residential Community's Policies and Rules (the “Rules"), which are incorporated into and made a part of this Agreement. Residents agree to abide by said Rules in all respects. Owner may make reasonabie changes to the Rules upon providing thirty (30) days written notice to Residents, and Residents agree to abide by such changes if they are distributed and applicable to the Residential Community and do not change the rent. Failure to comply with the Rules shail be deemed a breach of this Agreement. Residents agree not to harass, annoy, or endanger any other resident or person, or create or maintain a nuisance, or disturb the peace or solitude of any other resident, or commit waste in or about the Leased Premises. Residents are responsible for the conduct of any members of their household, Occupants, or guests while present at the Residential Community. Residents further agree not to harass, verbally abuse, denigrate or otherwise disrespect Owner's employees, agents and/or contractors or interfere with Owner's business operations. Failure to abide by this policy may resuit in the termination of this Agreement. Certain acts are considered to be contrary to the safety, well-being, peace, and enjoyment of the other residents of the Residential Community. and therefore, will be considered to be a breach of this Agreement. These include, but are not limited to: 1) violations of this Agreement, the Rules, or applicable fire, safety, health, or criminal laws, ordinances, or regulations, regardless of whether or where arrest or conviction occurs; 2) Residents or occupants giving incorrect or false answers in a rental application; ) Residents or any occupants being arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for an offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, or drug paraphernalia in violation of applicable law, or any sex-related crime, including a misdemeanor; and 4) any illegal drugs or paraphernalia are found in the Leased Premises. MULTIPLE RESIDENTS OR OCCUPANTS. Residents will be in material breach of this Agreement if any Resident, Occupant, or guest (whether invited or uninvited) violate any of the terms of this Agreement or the Rules. Residents are jointly and severally llable for all obligations arising under this Agreement whether or not they remain in actual possession of the Leased Premises. Notices or demands from Owner that are served upon any Resident, Occupant or guest are deemed validly served upon ail Residents. Each Resident agrees and is deemed to be an agent for service of process for all other Residents in eviction proceedings. Security deposit deduction itemizations may be sent to one Resident, and shall constitute notice to all Residents. Owner may satisfy the duty to refund the security deposit by sending the total amount owed to one Resident. 9.1. Replacements and Subletting. Without the prior written approval of Owner, replacing Residents or subletting the Leased Premises is strictly prohibited. A. replacement of Residents or sublease will be subject to the Owner's policies and underwriting requirements, reimbursement of Owner's expenses in connection with the replacement or sublease, and final approval by the Owner of the Residents‘ replacement or sublessee. Residents who are replaced or sublet the Leased Premises will continue to be liable for all of Residents’ obligations of this Agreement. Replaced Residents and Sublessors relinquish their rights to a refund of the security deposit, and their right to possess or otherwise occupy the Leased Premises. Any attempt to replace any Residents or sublet the Leased Premises without Owner's prior written consent will be void. Residents shail not assign this Agreement. 40. USE OF LEASED PREMISES AND COMMON AREAS. Residents shall not do or permit anything te be done in or about the Leased Premises that will in any way obstruct or interfere with the rights of other tenants or occupants of the building or injure or annoy them or use or allow the Leased Premises to be used for any improper, unlawful, or objectionable purpose. Further, Residents shall not cause, maintain, or permit any nuisance in, on, or about the Leased Premises, or commit any waste in or on the Leased Premises, and shall promptly notify Owner in writing of any defective or potentially defective conditions, in the Leased Premises, or in the Residential Community. Finally, Residents shail not put the Leased Premises to any use that violates local zoning ordinances or any other law applicable to the Leased Premises. Residents agree to reimburse and indemnify Owner for all fines or other penalties incurred by Owner as a result of the violation of any statute, ordinance, regulation or other governmental restriction by Residents or any members. of their household, Occupants, or guests. Nothing set forth herein shall be deemed as disallowing any use of the Leased Premises that cannot legaily be prohibited. Residents further agree to the following: 1) Residents must keep the Leased Premises and areas reserved for private use clean and sanitary; 2) trash must be disposed of at least weekly in appropriate receptacles; 3) passageways may be used only for entry or exit; 4) amenity areas must be used with care in accordance with the Rules and posted signs; 5) glass is prohibited in all common areas; 6) conducting business of any kind in the Leased Premises or the Residential Community is prohibited without Owner's prior written consent~any lawful business conducted at home by computer, mail, or telephone is permissible if permitted by local zoning ordinance and customers, clients, patients, or other business associates do not come to the Leased Premises for business purposes; 7) businesses allowed in a home by state or local statute or ordinance will be permitted with proper licensing and notification provided to the Owner in advance of the operation of the business; 8) Owner may exciude from the Residential Community guests or others, who in Owner's Bow OOH, Residential Lease Contract - Florida, Certified Does™ - Rev. 4/2023 Filing 1 Roope wow? 1OcxBc-Bc judgment, have been violating the law, violating this Agreement or any community rules, which includes anyone who is disturbing other residents, neighbors, visitors, or Owner's representatives; 9) Owner may aiso exclude from any outside area or common area anyone who refuses to show identification or identify themselves as a guest, occupant or resident in the Residential Community; and 10) Residents agree to notify Owner if Residents or any occupants are convicted of a felony, offense involving a controlled substance, vicience to another or destruction of property or if any of the above register as a sex offender in any state. Any violation of these provisions shall be deemed a material and incurable breach of this Agreement and shail entitle Ownerto serve Residents with notice terminating the tenancy. "1 LEASED PREMISES AND FURNISHINGS. Residents acknowledge that Residents have inspected the Leased Premises. Residents acknowledge that the Leased Premises are in a clean and good condition including painted surfaces, carpets, flooring, all furniture, furnishings, fixtures, equipment and appliances. It shall be conclusively presumed that said Leased Premises and all items, appliances and fixtures contained therein are in good working condition, uniess Residents deliver a contrary statement in writing to Owner prior to or on the starting date of this Agreement. Residents agree to diligently maintain the Leased Premises, be responsible for the proper care of any and all furniture, furnishings, fixtures, appliances and equipment therein, and to keep the Leased Premises in a neat and clean condition. Residents promise to return the Leased Premises and ail furniture, furnishings, fixtures, equipment and appliances to Owner in the same condition at the time Residents vacate the Leased Premises as when first rented, less normal wear and tear. Residents further acknowledge that the smoke detector and/or carbon monoxide detector is operable and it is the responsibility of Residents to maintain the smoke detector and/or carbon monoxide detector in accordance with State law and the manufacturer's recommendations. Residents must promptly report non-functional smoke and/or carbon monoxide alarms to Owner so repairs can be made. The Leased Premises will be furnished with the following items: Refrigerator Stove/Oven Dishwasher. All appliances are installed per manufacturers’ specifications and may be anchored. Residents shail not move, un-hook, or relocate any appliance connected to a gas/water source or floor drain connection at any time. Residents agree to promptly notify in writing (service request form) or by electronic notification to Owner of any defects, dilapidations, dangerous conditions, or other needed repairs as said conditions become evident. Residents agree to immediately reimburse Owner for any sums incurred by Owner to repair the Leased Premises or any item, fixture, appliance or appurtenance damaged by the misuse or neglect of Residents or any members of their househoid, Occupants, or guests. This Agreement may not be terminated due to interruption of any service, including necessary repairs, beyond the control of the Owner, unless otherwise required by law. 11.1. Smoke Detectors. Residents will not interfere with the presence or functionality of any smoke detectors in the Leased Premises. Residents will report immediately and in writing any defects in the condition of any smoke detectors. Residents assume the responsibility for ensuring the smoke detectors are in operating condition at ail times and for replacing batteries as needed. Residents will be liable for $100.00 plus one month's rent and any actual damages that result from Residents’ failure to report any malfunction with, or damage to, any smoke detector in the Leased Premises. 11.2. Fire Protection. Fire protection is not available. 11.3. Building, Housing, or Health Codes. Owner will comply with all applicable building, housing, and health codes related to the Leased Premises. Owner is not responsibie for repairing conditions caused or created by wrongful acts or omissions of Residents, Occupants, or Residents’ guests. 12. UTILITIES. Owner agrees, at Owner's expense, to furnish the following utilities to the Leased Premises: None. Residents agree to pay all charges (including utility deposits) not supplied by Owner, assessed by the utility provider (or Owner, or Owner's designated Billing Party) in connection with Residents’ use of utilities during the term of this Agreement, or the period of occupancy by the Residents, whichever is longer. Residents agree to pay the utility bills for which they are responsible and ensure that utilities remain connected for the duration of the Initial Term or any renewal period. Residents shall properly use all electrical, gas and plumbing fixtures and appliances only for their intended purposes. Residents shail not install or operate any additional equipment or appliance, including, but not limited to, portable generators, additional refrigerators and freezers, a dishwasher, washing machine, clothes dryer or an air conditioning unit in the Leased Premises unless supplied by Owner or with Owner's prior written approval, Residents will be responsible for the following utilities: Water, Sewer, Trash, Electric, and Gas. Owner may modify the method by which the utilities are furnished to the Leased Premises or billed to Residents during the term of this Agreement. in the event of interruption or failure of utility services that Owner is required to furnish, Owner shail use reasonable diligence in its efforts to restore such services. Owner shall not be liable for any damages directly or proximally caused by interruption or failure of utility service unless such interruption or failure of utility service is solely due to Owner's failure to pay to the service provider for the provision of such services to the Leased Premises. Owner reserves the right, at any time a past due balance is owing on the utilities, to apply any and all funds received from Residential Lease Contract - Florida, Certified Docs™ - Rev, 4/2023 Filing Powe &* hee VS 5 Bhioues seemer @rBbc-8c the Residents, including funds paid as rent, first to the past due balance and then any remaining funds will be applied to Rent. Residents agree to this allocation of funds despite any {imiting or restrictive endorsement contained on the payment. Further, if Residents fail to pay any utility charges that are to be paid by Residents, Owner may, at its option, pay such charges in full to retain continuing utility services and bill Residents such charges as additional rent together with the regular monthly rental payment on the 1st day of the month next following the date of such billing. When the Residents move from the Leased Premises, the utility charges will be charged to and deducted from the security deposit. It is understood and agreed between Owner and Residents that in the event submetered or allocation payments are not made when due, it shail be considered a default under this Agreement. 13. DAMAGES, ALTERATIONS AND REPAIRS. Residents agree not to destroy, damage, deface or remove any part of the Leased Premises or Residential Community or permit any persons or animals to do so and to assume ail liability for damages other than ordinary wear and tear. Residents shall make no alterations to the Leased Premises without the prior written consent of Owner. Any alteration made to the Leased Premises by Residents after that consent has been given, and any fixtures installed as a part of that work, will at Owner's option become the Owner's property on the expiration or earlier termination of this Agreement, provided, however, that Owner shall have the right to require Residents to remove any fixtures at Residents’ cost on termination of this Agreement. Residents shall notify Owner of any dilapidations or other defective conditions on the Leased Premises that require repairs. Residents agree not to install additional or different locks, gates or alarms on any doors or windows of the Leased Premises without written permission of Owner. If Owner approves Residents’ request to install such mechanisms, Residents agree to provide Owner with a key for each lock. EXCEPT IN CASES OF EMERGENCIES OR FAIR HOUSING ACCOMMODATIONS, ALL NOTICES FROM RESIDENTS OR OCCUPANTS TO OWNER REGARDING REPAIRS, SERVICES, OR SECURITY MUST BE SIGNED BY RESIDENTS OR OCCUPANTS AND PROVIDED TO OWNER IN WRITTEN OR ELECTRONIC FORM ONLY, AS SPECIFIED BY OWNER. Verbal requests from Residents, as well as written notes by Owner, Owner's employees, or agents will not be considered proper notice under this provision, and Owner's compliance with Residents’ verbal requests does not constitute waiver of the strict requirements of this Section. Incidents constituting emergencies include situations where persons or property are in danger of imminent harm, such as fire, smoke, flooding water or active criminal activity. Residents must immediately notify Owner of any repairs, service issues, or security issues in the Leased Premises or at the Residential Community. Owner may terminate this Agreement upon reasonable notice to Residents if the Leased Premises are substantially damaged or the performance of services or repairs creates a dangerto Residents, and Owner may remove Residents’ personal property if it poses a safety or health hazard. Owner may temporarily interrupt services as needed to prevent property damage or perform repairs, which will not constitute a reduction in services entitling Residents to an abatement of rent, unless required by law. 44, RISK OF LOSS OF RESIDENTS’ PROPERTY. Residents shall bear the risk of loss of any and all of Residents’ personal property whether located in the Leased Premises, in garage/carport, designated storage areas or anywhere within the Residential Community. Residents agree not to hold Owner, its agents and/or employees liable in any manner for or on account of any loss or damages sustained by reason of the acts or omissions of third parties, or arising from any casuaity (including but not limited to fire, smoke, rain, flood, water and pipe leaks, mold, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, hurricane, negligence of other residents, occupants, or invited/uninvited guests or vandalism, uniess otherwise required by law). Residents understand and agree that Residents, any members of their household, Occupants, or guests are not beneficiaries of any insurance policies held by the Owner or the Owner's agents. Residents are required to purchase and maintain personal liability insurance with a coverage limit of no fess than $100,000.00 for the Initial Term and any renewal periods. Residents will be in material breach of this Agreement if they fail to comply with the requirements of this provision. 15. ANIMALS. No animais are permitted without the prior written consent of Owner. Any such consent may be revoked at any time, with or without cause, by giving 10 days written notice to Residents. Except to the extent written permission is given, animals may not be brought upon the Leased Premises, whether such animals belong to Residents or to any other person. The presence of any animals as to which written permission has not been given and is not currently in force, even if such animals are “just visiting,” shall be deemed a material and incurable breach of this Agreement and shall be cause for the service of a notice terminating the tenancy. Service animais or companion animals are not subject to these provisions. However, Owner may require a written statement from a qualified professional verifying the need for the service or companion animal. 16. HOLD HARMLESS FOR GUESTS. Residents agree to defend, protect, indemnify, and hold harmless Owner and Owner's agents against and from any and ail claims, suits, liabilities, judgments, costs, demands, causes of action, and expenses, brought by Residents’ Occupants, guests, or any other person in the Leased Premises with Residents’ permission. if any action or proceeding is brought against Owner or Owner's agents by reason of any such claim, upon notice from the Owner, Residents shall defend the same at Residents expense by counsel reasonably satisfactory to Owner. 17. DELIVERY OF LEASED PREMISES. if, for any reason, Owner is unable to provide occupancy to Residents by the Residential Lease Contract - Florida, Certified Docs™ - Rev. 4/2023 Filing fifo: Gia Atk, vs 6 Bowsoowr Oexéc-sc scheduled first day of the initial Term, this Agreement will continue to be in effect, and Residents may elect one of the following remedies: a) a prorated daily abatement of rent until the date that Owner delivers possession of the Leased Premises; or b) Residents may terminate this Agreement up until such time as Owner delivers possession. Owner will have no liability to Residents if there is a delay of possession other than to refund any amounts paid to Owner under this Agreement. Residents’ failure to take occupancy of the Leased Premises due to issues of cieanliness, repairs, or services, does not constitute a failure of Owner to deliver possession of the Leased Premises. 18. RESPONSIBILITIES OF OWNER. Owner will act with customary diligence in keeping common areas reasonably clean; maintaining fixtures and appliances; maintaining the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and ail other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition; exterminating rats, mice, roaches, ants, and wood destroying organisms; providing the initial set of locks and keys; providing for garbage removal and outside receptacles therefore; providing running water, hot water, and functioning facilities for heat during the winter; complying with applicable safety, sanitation, and fair housing laws; and making reasonable repairs, provided that Residents shall be required to pay for all darnages for which they are liable. 18.1. Security. Owner makes no representations or guarantees to Residents concerning the security of the Leased Premises or the Residential Community. Owner is under no obligation to Residents to provide any security measure or take any action not required by statute. The presence of courtesy patrols, patrol cars, access gates, surveillance cameras or other deterrents do not guarantee that crime can or will be prevented. All such systems are subject to personnel absenteeism, human error, mechanical maifunctions and tampering. Residents are responsible for planning and taking action with respect to the safety of Residents and their property as if such systems and deterrents did not exist. Residents agree to immediately report all suspected or actual criminal activity to the appropriate local law enforcement agencies and, after doing so, to Owner, and shall provide Owner with such law enforcement agency's incident report number upon request. Owner has no obligation to obtain criminal background checks on any Residents and bears no responsibility or liability related to the criminal background or actions (whether past, present or future) of any person, even if Owner has actually run a criminal background check on applicants. Residents shail not rely on the fact that Owner may have run a criminal background check on Residents or any other applicant when deciding whether to enter into this Agreement. Background checks are limited to the information actually reviewed and are not a guarantee that a person with a criminal background does not reside at the Residential Community. Owner has not made and does not make any representations as to the background of any existing or future tenant and Owner is under no obligation to run background checks on any existing tenant or future applicant. 19, ACCESS. Owner may enter the Leased Premises under the following circumstances: 1) in case of emergency: 2) to make necessary or agreed repairs, decorations, alterations, or improvements; 3) to supply necessary or agreed services; 4) to exhibit the Leased Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors; 5) if Residents abandon or surrender the Leased Premises; 6) pursuant to court order; 7) to perform an inspection of the Leased Premises; or 8) under any other circumstances permitted by state law. Owner will give Residents at least twenty-four (24) hours notice of Owner's intent to enter unless: a) an emergency exists; b) Residents have abandoned