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Filing # 195660973 E-Filed 04/08/2024 09:58:07 AM
IN THE COUNTY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR
MIAMI DADE COUNTY, FLORIDA
CASE NO. cc25
JUDGE
CIVIL DIVISION
COMPLAINT
MCREF Bird Road Development LLC
dba Modera Douglas Station
Plaintiff(s)
-vs-
Leandro Pereira and Samuel Souza Perez
And All Others in Possession
Defendant(s}.
/
COUNT I - TENANT EVICTION
Plaintiff sues Defendant(s), and states:
1. Plaintiff is authorized for business in this county.
2, Plaintiff owns real property in this county described as:
3760 Bird Road #634
Miami, Florida 33146
3, Defendant(s) reside(s) in this county.
4. This is an action to evict Defendant(s) from the property.
5. Defendant(s) retain(s) possession of the property under a written agreement to pay
rent of $3119.00 per month payable on the first of each month. A copy of the lease
is attached hereto as Exhibit "A".
6. Defendant(s) failed to pay March rent in addition to late and utilities fees which are
considered as additional rent.
7. Plaintiff served Defendant(s} with a notice on March 4, 2024 to either pay rent or
deliver the premises, but Defendant(s) refuse(s} to do either, A copy of the Demand for
Rent Notice is attached hereto as Exhibit '"'B".
8. Defendant(s) owe(s) Plaintiff, the following: rent for the month(s) stated in paragraph
6, totaling $3525.96, and rent as it becomes due.
79519
9. Failure of Defendant(s) to pay rent as due caused Plaintiff to retain the undersigned
attorneys to represent them in this action and to agree to pay said attorneys a
reasonable fee for their services and costs, which Defendant(s) should pay pursuant to
Florida Statute Sec. 83.48 and the lease agreement .
WHEREFORE, PLAINTIFF DEMANDS JUDGEMENT FOR POSSESSION OF THE
PROPERTY AGAINST THE DEFENDANT(S) AND FOR OTHER JUST RELIEF
INCLUDING COURT COSTS AND ATTORNEY’S FEES.
Dated: April 5, 2024
s/ Kenneth J. Lowenhaupt, Esq.
Email: pleadings@fl-landlord,com
Florida Bar#: 0761532
Attorney for MCREF Bird Road Development LLC dba Modera Douglas Station
Law Offices of Lowenhaupt Sawyers and Spinale
7765 S.W. 87th Avenue, Suite 201
Miami, Florida 33173
(305) 412-5636
79519
DEMAND FOR RENT
(CARES ACT PROPERTIES)
Date: March 04, 2024
To:
+ Leandro Pereira, Samuel Souza Peres and all others in possession
3760 Bird Rd Apt. 634
Miami, FL 33146
YOU ARE HEREBY NOTIFIED THAT YOU ARE INDEBTED TO ME JN THE SUM OF
$ _ 3,525.96 FOR THE RENT AND USE OF THE PREMISES LOCATED AT
3760 Bird Rd Apt. 634, Miami, FL 33146 Miami-Dade COUNTY,
FLORIDA, NOW OCCUPIED BY YOU.
RENT WAS DUE ON THE Ast DAY OF March ,20_ 24 , ANDI
DEMAND PAYMENT OF THE RENT OR POSSESSION OF THE PREMISES WITHIN
THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THIS NOTICE.
TO WIT: ON OR BEFORE THE 4th DAY OF April ,20_24 .
GOVERN YOURSELF ACCORDINGLY!
I certify that a copy of this notice has been furnished to the above-named tenant(s) this__4th__day of
March »20_24 at 5:30 p.m. by:
serving upon the person owing rent
Xx leaving at said residence by posting as person owning samie was absent from his/her usual place
of residence,
Served by: Segee Caberatt
Landlord: Modera Douglas Station
Address: 3760 Bird Rd
Miami, FL 33146
Phone: (305) 569-9515
Must provide payment with a cashier’s check ONLY.
APARTMENT LEASE CONTRACT
eto
Date
of Lease Contract: tember 16, 2023
(when the Lease Contracts filled out) This is a binding document. Read carefully before signing.
1, PARTIES, ‘This Lease Contract (sometimes referred to as the 3. LEASE TERM AND TERMINATION NOTICE REQUIREMENTS.
"lense" is between you, the rsiden:() (Uist al people slgring the ‘The initial term of the Lease Contract begins on the 9th day
Lease Contract}: of. iow er and ends at 11:59 p.m,
Leandro Pereira Samuel Souza Peres the_8th _ dayof Wi =
This Lease Contract will automatically renew month-to-month
tuniess either party gives atleast days’ written notice of
termination or intent to move-outas required by this paragraph
and paragraph 47 (Move-Out Notice). If the number of days isn't f
filled in, at least30 days" noticeis required, In the event you fail to
provide us with the required number of days' written notice of
‘termination and intent to vacate coinciding with the lease expiration
ote, as required by this paragraph and paragraph 47 (Move-Out
Notice}, you acknowledge and agree that you shail be liable to us
for liquidated damages in the sum of$__3119.00 (equal to
‘one month's rent) if we give you the advanced written notice
and us, the owner: MCREF Bird Road Development required byPla, Stat, § 03.575(2). This liquidated damages amount
is exclusive to insufficient notice under this paragraph and
paragraph47 (Move-Out Notice), and does not limit collection rights
with regard to other amounts potentially owed to us, Ifthe lease
term is nota month-to-month tenancy,we must notify you with
{name of apartment community or fife holder), You've agreed to written notice no later than, days before the end of the
rent Apartment No. lease term ifthe lease will not be renewed,
Road 634
Month-to-Month Tenancies: In the event this Lease Contract
(street address)in am = renews on a month-to-month basis, you must pay the amount of
{elty), Florida, 33146 ‘lp code) (the “dwelling unit” or rent we charge at the time the montit-to-month tenancy commences
the "premises") for use asa private residence only. The terms "you' pursuant to this paragraph and paragraph 15 (RentIncreases and
and "your’ refer to allresidents listed above. The terms "we,"*us,' ‘Lease Contract Changes), inclusive of any applicable month-to-month
and "our" refer to the owner listed above (or any of owner's fees and/or premiums. We may change your rent at any time
successors’ In interest or assigns). Written or electronic noticeto thereafter during a month-to-month tenancy by g you no less
or from our managers constitutes notice to or from us. Iranyone than 30 days' written notice. You will be required to abide by all
else hes guaranteed performance of this Lease Contract, a separate notice requirements set forth in the lease and remain liableto pay
Lease Contract Guaranty for each guarantor is attached. all other applicable charges due under the lease during your month-
to-monch tenancy unless specifically changed in writing, Allsuens
‘The OQ Owner or C] Manager of these apartments is Mi. due under this paragraph shall beadditional rent. We may require
Creek Residential Services you to sign an addendum written for month-to-month tenants,
Either party may terminate a month-to-month tenancy by giving
the other party written notice no later than 30 days' prior ta the
whose address is3760- Bird Road, Miami FL, 33146 vend of the monthly rental period. If you fail to provide us at least
30 days' written notice to terminate a month-to-month tenancy
Such person or companyis authorized
to receive rier tothe end ofthe morthly ental period, youshallbe lable to
notices and demands in the landiord's behalf, us for an additional 1 month's rent.
Aloase termination notice must be givon in writing, Notice to the SECURITY DEPOSIT, Unless modified by addenda, the total security
landlord must be delivered to the management office at the deposit at the time of execution of this Lease Contract for all
apartment communi 5 apy ater address desiznated by residents in the apartments $2475.00 due on or before
management as follows: 3760_B: the date this Lease Contract is signed.
33:
Any security deposit or advance rent you paid is being held in one
Excoptas otherwiserequired byapplieablelaw, any notice required of the Following three ways as indicated below (Landlord check one
by this Lease or law shall be in writing and shall be deemed to be option]
delivered to you if: (a) delivered personally; (b) sent electronically . Ina separate NON-INTEREST bearing account for your benefit
via email to any email address on file with us as provided by you; in the following bank: BNC
(© postad to the door of your address shown abave; or (d) mailed
by U.S. First Class Mail to your address shown above. whose address is2711 NE 187 St, Aventura
FL 33:
a OCCUPANTS. The apartment will be occupied onlyby you and (fist :0R
ail other cecupants not signing the Lease Contract) 2, Ina separate INTEREST bearing account for your benefit in
the following bank:
whose address is,
fan interest bearing account, you will be-entitled to receive and
collectinterestin an amount of atleast75 percent of the annualized
average interestrate payable on such account or interestat the rate
of percent per year, simple interest, whichever the landlord olects.
(8. Ina commingled account
at the following bank.
No one else may occupy the apartment. Persons not listed above whose address is,
must not stay in the apartment for more than da;
without our prior written consont. ifthe previous
space isn’t filled provided that the landlord posts a surety bond with the
in, cwo days per month is the limic. county orstate, as required by law, and pays you intereston,
your security depositor advance rentat the rate ofS porcent
per year simple interest.
©2023, National Apartment Assoclation, Inc, -7/2023, Florida Page 1 of10
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Leandra
D pr Scamuel Souge Parad
Initials of Resident, Resident acknowledges costs of late payments and damages in such instances are difficult
receiving a copy of FS, 83.49(2)(d) which providesas follows: to determine. We also both agree that the amount of late rent and
‘YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS, THE animal violation fees charged are reasonable estimates of the
LANDLORD MAY TRANSFER ADVANCE RENTSTO THE LANDLORD'S administrative expenses, costs, and damages we would incur in
ACCOUNTAS THEY ARE DUE AND WITHOUT NOTICE, WHEN YOU such instances,
‘MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS All ofthe foregoing charges willbe considered tobe additional rent.
SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING
YOUR DEPOSIT, THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 7. UTILITIES. We'll pay for the following items, if checked:
30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TO Owater gas Clelectricity C)master antenna,
IMPOSE A CLAIM AGAINST THE DEPOSIT. I? YOU Do NOT REPLY QQwastewater Qtrash Ocable TV
‘TO TH LANDLORD STATING YOUR OBJECTION TO THE CLAIM Dotter.
WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, You'll pay for all other utilities, related deposits, and any charges,
‘THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU fees, or services on such utilities. You must not allow utilities to be
‘THE REMAINING DEPOSIT, IF ANY, disconnected--- including disconnection for not paying your bills—
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE ‘until the lease term or renewal period ends. Cable channels that
LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE are provided may be changed during the lease term if the change
ALAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAILTO TIMELY applies to all residents. Utilities may be used only for normal
OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THB Tousehold purposes and must not be wasted. L’your electricity is
DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A ever interrupted, you must use only battery-operated ligating. If
REFUND. any utilities are submetered for the apartment, or prorated by an,
‘YOU SHOULD ATTEMPT TOTNFORMALLY RESOLVE ANY DISPUTE allocation formula, we will attach an addendum to this Lease
BEFORE FILING A LAWSUIT, GENBRALLY, THE PARTY IN WHOSE Gontractin compliance with state agency rules or city ordinance.
FAVOR A JUDGMENT IS RENDERED WIL], BE AWARDED COSTS Resident shall not heat the apartment using gas-operated stoves
AND ATTPORNRY FEES PAYABLE BY THE LOSING PARTY, ‘or ovens which were Intended for use in cooking.
‘THIS DISCLOSURItIS BASIC, PLEASE REFERTO PART II OF CHAPTER Where lawful, all utilities, charges and fees of any kind under this
83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS lease shallbe considered additional rent, and if partial payments
AND OBLIGATIONS, are accepted by the Landlord, they will be allocated firstto non-rent
charges and to rent fast. Failure to maintain utilities as required
8. KEYS. You will be provided 0 apartment key(s),__2 herein is a material violation of the Lease and may result in
mailbox key(), 2 POB(), and/or, 1 other access termination of tenancy, eviction and/or any ather remedies under
device(s) for access to the building and amenities at no additional the Lease and Plorida faw.
cost at mave-in. If the key, FOB, or other access device is lost or INSURANCE, We do net maintain insurance to cover your personal
becomes damaged during your tenancy or is nat returned or is, property or personal injury. Weare natresponsibisio any resident,
returned damaged when you move out, you willbe responsible for guest, or occupant for damage or loss of personal property or
tho costs for the replacement and/or repair of the same personal injury from (including but not limited to) fire, smoke,rain,
6. RENT AND CHARGES. Unless modified by addenda, you will pay flood, water and pipe leaks, hail, ice, snow, lightning, wind,
$3119.00 _permonth{forrent,
payable in advance and without explosions, earthquake, interruption of utilities, theft, hurricane,
demand: negligence of other residents, occupants, or invited /uninvited
guests or vandalism unless otherwise required by law.
Qatthe on-site manager's office, or
atour online payment site, or fh addition, we urgeall Tenants, and particularly those residing in
Dat. coastal areas, areas near rivers, and areas prone to flooding, to
obtain flood insurance. Renter's insurance may not cover damage
to your property due o flooding. A flood insuranceresource which
may be available includes the National Fload Insurance Program
managed by the Fodoral Bmergency Management Agency (FEMA)
Prorated rent of§_2287.27 is due for the remainder of fehecke We O] require O) do nctrequireyou to get your own insurance
‘ist month oC) 2nd month, on, lov for losses to your personal property or injuries due to theft, fire,
20: water damage, pipe leaks and the like, Ifno boxis checked, renter's
Otherwise, you must pay your rent on or before the 1st day of each insuranceis notrequired.
‘month (due date} withno grace period. Cash is unacceptable without Additionally, youare jcheck onef () requiredte purchase personal
our prior writien pecmission, You rust net withhold oroffsetrent. ability Insurance & not required to purchase personal lability
unless authorized by statute, We may, atour option, require at any insurance. Ifno box is checked, personal liability insurance is not
time that you pay all rent and other sums in cash, certified or regulred, required, failure te maintain personel licbility insurance
cashier's check, money order, or one monthly check rather than. throughout your tenancy, including any renewal periods and/or
multiple checks, At our discretion, we may convert any and all lease extensions isan incurable breach ofthis Lease Contractand
checks via the Automated Clearing House (ACH) system, for the ‘may result in the termination of tenancy and eviction and/or any
purposes of coltecting payment, Reatis not considered accepted, other remedies as pravided by this Lease Contract or state law.
ifthepayment/ACH isrejected, docsnatclear, oris stopped for any
reason. We may, butare not required to, acceptrent through direct LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the
debit, ACH or other electronic means established and approvedby prior resident moves out. The rekeying will be done before you
us, Ifyou don’t pay all rent on or before the. ard day of the move into your apartment.
month, you'll pay alate charge, Your late charge will be (check one) ‘You may at any time ask us to change or rekey locks ar latches
Qa flat rate ofS ory 210 % of your total uring the Lease Term. We must comply with those requests, but
monthly rent payment. You'll also pay a charge of § 75.0 ‘you must pay for them, unless otherwise provided by law.
for eack returned check or rejected electronic payment, plusa late
charge. Ifyou don’t pay renton time, or fallto pay any rent, utilities Paymentfor Rekeying, Repairs, Etc. You must pay for all repairs
orcontractual fees due under a prior lease ifthisisa renewal lease, or veplacements arising from misuse or damage to devices by you
you'lbe delinquent andall remedies under this Lease Contract will ‘or your faraily, occupants, cr guests during your occupancy. You
be authorized, We'll also have all other remedies for such viclation, may be required to pay in advance if we notify you within a
All payment obligations under this Lease Cantract shall constitute reasonable time after your request thatyou aremoretinan30 days
rent under this Lease Contract, delinquent in reimbursing us for repairing ar replacing a device
‘Weand yau agree that the falure to payrenttimelyof che violation ‘witichwas misused or damaged by you, your guestaran occupant;
ofthe animal restrictions results in added administrative expenses ov ifyouhave requested thatwe repair or change or rekey thesame
and addéd costs to us, the same as if we had to borrow money to device during the 30 days preceding your request and we have
pay the operating casts of the property necessary to cover such ‘complied with your request, Otherwise, you mustpay immediately
added costs. We both agree that the late fee and animal violations after the work is completed,
provisions are intended to be liquidated damages since the added
© 2023, National Apartment Association, Inc - 7/2023, Flotida Page 2 of10
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10, SPECIAL PROVISIONS. The following special provisions and any | 15. RENT INCREASES AND LEASE CONTRACT CHANGES.
addenda or written rules furnished to you at or before signing will No rent increases or Lease Contract changes are allowed before
become a part of this Lease Contract and will supersede any the initial Lease Contract term ends, except for changes allowed
conflicting provisions of this printed Lease Contract form, by any special provisions in paragraph 10 (Special Provisions),by
a written addendum or amendment signed by you and us, or by
reasonable changes of apartment rules allowod under paragraph
19 (Community Policies or Reles). If, at least 5 days before the
advance notice deadline referred to in paragraph 3 (Lease Term
and Terraination Notice Requirements), we give you written notice
See any additional special provistons, ofrent inert ses oF lease changes effective when the lease term or
renewal period ends, this Lease Contract will automatically continue
11. BARLY MOVE-OUT. Unless modiffed by an addendum, ifyou: ‘month-to-month
with the increased rent orlease changes. The new
(2) move out without paying rent in full for the entire Lease modified Lease Contract will begin on the date stated in the notice
Contract terma or renewal period; or (without necessity of your signature) unless you give us written,
(2) move out at our demand because
of your default; or ‘ove-out notice under paragraph 47 (Move-Out Notice)
* (8) are judicially evicted.
You will be liable for all rent owed at the time and as it becomes 16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for
due under the terms af your lease agreement until the apartment construction, repairs, cleaning, or a previcus resident's holding
is re-rented. over, we're not responsible for the delay. The Lease Contract will
remain in force subject to: (1) abatement ofrent ona daily basis
42. REIMBURSEMENT, You must promptly reimburse us for lass, during delay; and (2) your right to terminate as set fort below.
damage, government fines, or cost of repairs or service in the ‘Termination notice must bein writing. After termination, you are
apartmentor apartment community due toa violation of the Lease entitled only to refund of deposit(s} and any rent paid. Rent
Contractor rules, improper use, or negligence by you or your guests abatement or Lease Contract termination does not apply if delay is
or occupants or any thor ise not due to our negligence or Fault for cleaningor repairs that don’t pravent you from accupying the
as allowed by law, except for damages byacts of God to the extent apartment,
they couldn'tbe mitigated by youraction or inaction, You'll defend, ifthore isa delay and we kaven’t given notice of delay as set forch
indemnify and hold us harmless from ai liability
arising from your immediately below, you may terminate up to the date when the
conduct or that of your invitees, your occupants, your guests, or apartment is ready for occupancy, but not later.
our representatives who at your request perform services not (1) IF we give written notice to any of you when or after the Initial
contemplated inthis Lease, Inless the damage or wastewater term as set forth in Paragraph 3 (Lease Term and Termination
Notice Requitements)—and the notice states that occupancy
you must pay for—repairs, replacement costs, and damagecto has been delayed because of construction o: a previous
or resident's holding over, and that the apartment will be ready
secupants’ negligenceor ntentlonalacts: (1) damage to deors, on a specific date—you may terminate the Lease Contract
doors left within 3 days of your receiving the notice, but not late
‘open; and (3) damage from wastewater stoppages caused by (2) If we give written ratice to any of you before the initial term
ing your apartment, fas set forth in Paragraph 3 {Lease Term and Termination
‘We may require payment at any time, Including advance payment Notice Requirements) and the notice states that construction
of repairs for which you're liabte, Delay in demanding sums you delay is expected and that the apartment will be ready for
‘oweis nota waiver.
you to occupy on a specific Gate, you may terminate the Lease
13, CONTRACTUAL LIEN AND PROPERTY LEFT IN APARTMENT, Contract within 7 days after any of you receives written notice,
All property in the apartment or common areas associated but not later The readiness dave is considered the new initial
with the apartment is (unless exempt under state statute) termas set forth in Paragraph 3 (Lease Term and Termination
subject to a contractual lien to secure payment of delinquent Notice Requiremonts) for al purposes, This new data may not
rent, The lien will attach to your property ar your property be moved to an earlier date wnless we and you agree.
‘will be subjectto the lien atthe time yau surrendar possession 17, AD VALOREM TAXES/FRES AND CHARGES
orabandan the premises. Forthis purpose, “apartment” iacludes - ADDITIONAL RENT.
common arezs associated with the apartment and interior living Unless otherwise prohibited by law, if, during the term of tals Lease,
areas and exterior patios, balconies, attached garages, and any locality, city, state, or Federal Government imposes upon. Us,
storeroomsfor your exclusive use. any fee, charge,
or tax, which isrelatedto orcharged by the number
of occupants, or by the dwelling unititsel€ such thatwe are charged
Removal AfterSurrenderor Abandonment, We orlaw officers a fee, charge, or tax, based upon your use or occupaacy of the
‘may, at our discretion, remove, dispose and/or store all property dwelling unit, we may add this charge as Additional Rent, during
remaining {a the apartment or in common areas (including any the term of tho Lease Contract, with thirty (30) days advance written
‘vehicles you or aay occupant or guest owns
or uses) ifyou surrender, notice to you. After this written notice (the amountor approximate
are judicially evicted, or abandon the apartment (see definitions amount of the charge, will be included}, you agree to pay, a8
in paragraph 52 (Surrender anid Abandonment)). Additional Rent, the amount ofthe charge, tax or fee imposed upon.
‘THELANDLORD IS NOT REQUIRED T0 COMPLY WITH s. 715.104, us, as a result of your eccupansy, As examplos, these charges can.
BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGRERS include, butare notlimitedto: any charges we receive for any zoning
‘THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF violation, sound, noise or Litter charge; any charge under any
POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF nuisance or chronic nuisance type statute, 911 or other life safety,
‘THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER per person, cr per unit charge or tax and any utility bl unpald by
‘83, FLORIDA STATUTES, THELANDLORD SHALL NOT BE LIABLE you, which is then assessed to us for payment,
OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 18,
‘TENANT'S PERSONAL PROPERTY. DISCLOSURE RIGHTS. If someone requests Information on you
er your rental history for law-enforcement, governmental, or
Storage, Wemay store, but have no duty to stare, property removed business purposes, we may provide It. At our request, any utility
after surrender, eviction, or abandenmentofthe apartment, We'ro provider may give us information about pending or actual
not liable for casualty loss, damage, or theft except for property ‘connections ordiseanne ions ofutllity service to your apartment.
Femoved undera contractual lien. You must pay reasonable charges
for our packing, removing, storing, and selling any property.
‘U4 FAILING TO PAY RENT, [fycu don’t pay the first month's rent wien.
or before the Lease Contract begins, or any other rent duo under
this ease we may end yourrigato7 nceupancyand vecoverdamages,
attorney's fees, court casts, and other lawful charges.
© 2023, Nations] Apartisent Association, Ine, -7/2023, Florida Page
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19. COMMUNITY POLICIBS OR RULES. You and ali guests and sexually explicit,or is inappropriate with respect to race, gender,
‘eccupants must comply with any written apartment rules and sexuality, ethnicity, or other intrinsiccharacteristte; oris unrelated
communtiy pol es, including instructionsfer care of our property. ‘to the goods or services offered by cr available at ‘Apartment
‘Ourrulesare considered part ofthis Lease Contract. We may make ‘Community; or is clearly false or misleading, You agree not to use
reasonable changes to written rules, effective iramediately,ifthey ‘our corporate names, slogans, images, photes, logos, internetdomain
are distributed and applicable to all units in the apartment names, trademarks, copyrights or trade names. Any violation of
‘community and do nat change dollar amounts on page 1 of this this paragraph shall be a material breach of this Lease and will
Lease Contract. entitle us to exercise all rights and remedies under the lease and
aw.
20, LIMITATIONS ON CONDUCT. The apartment and other areas
reserved for your private use must be kept clean and free of trash, 22, PARKING. We may regulate the time, manner, and place of parking
garbage, and other debris, Trash mustbe disposed ofat least weekly cars, trucks, motorcycles, bicycles, boats, trailers, recreational
in appropriate receptacles in accordance with lacal ordinances. vehicles, and storage devices by anyone, We may bave unauthorized
Passageways may be used only for entry or exit. You agree to keep or illogally parked vehicles towed under an appropriate statute. A
all passageways and common areas free of obstructions suck as vehicle is unauthorized or illegally parked in the apartment
trash, storage items, and all formas of personal property. No person community if it:
shall ride or allow bikes, skateboards, or other similar objects in (a) hasa flat tie or other condition renderingit inoperable; or
the passageways. Any swimming pools, saunas, spas, tanning beds, 2) ts on jacks, blocks or has wheel(s) missing; or
exercise rooms, storerooms, laundry rooms, and similar areas must (B) has no current Kcense plate or no current registration and/or
be used with care in accordance with apartment rules and posted inspection sticker; or
signs. Glass containers are prohibited in all common areas. YoU, (4) takes up more than one parking space; or
your occupants, or guests may not anywhere in the apartment 5) belongs to a resident or occupant who has surrendered or
‘community: use candlesor use kerosene lamps or kerosene heaters abandoned the apartment; or
‘without our prior written approval; cook or. balconies or outside; (6) is parked in a marked handieap space without the legally
orsolicitbusiness or contributions. Conductingany kind of business required handicap insignia; or
(including child care services)in yourapartmentorin theapartment (7) Is parked in space marked for manager, staff, or guest at the
communityis prohibited —eycept thatany lawful business conducted 5 OF
“athome" by computer, mail, or telephoneis permi ibleif customers, {€) blocks another vehicle from exiting: or
clienis, patients, or other business associates do not come to your (9) is parked ina fire lane or designated "no parking” area; or
apartment for business purposes, We may regulate: (1) the use of (210) is parked ina space marked for other resident(s) or unit(s); or
patios, balconies, and porches; (2) the conduct of furniture movers (21) is parked on the grass, sidewalk, or patio; or
and delivery persons; and (3) recreational activities in common (12) blocks garbage trucks from access to a dumpster; or
areas. You'll be liable to us for damage caused by you or any guests (13) belongs to a resident and is parked in a visitor or retall parldng
or occupants, space.
We may exclude, and/or "No Trespass" from tha apartment 23, RELEASE OF RESIDENT. Unless you're entitled tc terminate your
community guests or others who, in our judgment, have been tenancy under paragraphs 10 (Special Provisions), 16 (Delay of
violating the law, violating this Lease Contract orany apartment Occupancy), 24 (Military Personnel Clause), 32 (Responsibilities
rules, or disturbing other residents, neighbors, visitors, or owner of Owner), 47 (Move-Out Notice), or by separate addendum, you
representatives, We may also exclade from any outside area or won tbereleased from this Lease Contract forany reason—including
common area a person who refuses to show photo identification but not limited to voluntary or involuntary school withdrawal or
or refuses to ideatify himself or herself asa resident, occupant, or transfer, voluntary or involuntary job transfer, marriage, separation,
guest of a specific residentin the communtty. Tenant agrees that divorce, reconciliation, loss of co-residents, loss of employment,
landlord reserves the right to trespass any nan-tenant from the bad health, or death, :
Ieased premises and common areas,
You agree to notify us if you or any occupants are convicted of any 24. MILITARY PERSONNEL CLAUSE. Allparties tothis Lease Contract
felony, or misdemeanor involving a controlled substance, violence agree to comply with any federal Jaw, including, but not limited to
‘0 another person or destruction of property. You also ageee to the Service Member's Civil RellefAct, or any applicable state law(s),
notify us if you or any occupant registers as a sox offender in any ifyouare seeking to terminate this Leese Covtractand/or subsequent
state, Informing usoferiminal convictions or sex offender registry renewalsand/or Lease Contractextensions under the rights granted
does not waive our right
to evict you. by such laws,
2A. PROHIBITED CONDUCT. You, your occupants or guests, or the 28, RESIDENT SAFETY AND PROPERTY LOSS. Youand all occupants
guests of any occupants, may not engage in the following actvities: and guests must exercise due eare for your own and others' safety
‘behavingin a loud or abnoiious manner; disturbing or threatening and security, especially in the use of smoke detectors and carson
‘tho rights, comfort, health, safety, orconvenience of athers (including monoxide detectors, keyed deadbolt locks, keyless bolting devices,
our agents and employees) in ox near the apartment community; window latches, and other access.cortrol devices.
disrupting our business operations; manufacturing, delivering, Smoke Detectors and Carbon Monoxide Detectors.
possessing with intent to deliver, or otherwise possessing a ‘We'll furnish smoke detectors and carbon monoxide detectors only
controlled substance or drug paraphernalia; engaging in or if required by statute and we'll test thom and provide working
threatening violence; possessinga weapon probibitedby state lav; batteries when you flrsttake possession. After that, you must test
discharginga firearm in the apartment community; displaying or the smoke detectors.and the carbon monoxide detectors an a regular
possessing a gun, knife, or other weapon. in the common area fn. a basis, you must pay far and replace batteries as needed, unless the
way that may alarm others; engaging tn criminal activity that Jaw provides otherwise. We may replace dead or missing batteries
threatens the health, safety, orrightto peaceful enjoymentof otters atyour expense, withont prior noticeto you, You raustimmediately
in or near the apartment community (ogardless of arrest or reportsmoke detector and carbon monoxide detectar malfunctions
conviction); storiag anything in closets having gas appliances; to us. Neither yau nor others may disable neither the smoke
tampering with utilities or telecommunications; bringing hazardous detectors nor the carbon monoxide detectors. If you disable or
materials into the apartment community; cr injuring our reputation damage the smoke detectors or the carbon monoxide detectors,
bby making bad faith allegations againstus to others. You agree to or fail to replace a dead batcery or fail to report malfunctions to
communicateand conduct yourselfatall timesin. alawful, courteous, us, you will be ‘ble to usand others for any loss, zetual damages,
and reasonable manner whea interacting with our employees, fines imposed by any state or local agencies or municipalities,
agents, independent contractors, and vendors; other residents, attorney fees and costs,
occupants, euests or invitees; oz any other person on the premises,
You agree not to engage in any abusive behavior, elther ver2al or Casualty Loss. We're not liableto any resident, guest, or occupant
physical, or any form of inti mor aggression directed at cur for personal injury or damage or loss of personal property from
employees, agents, independent contractors, and vendors; other any cause, inckading but not limited to: fire, smoke, rain, flood,
residents, occupants, guests or invitees; or any other person onthe water and pipe leaks, hail, ice, snow, lightning, wind, explosions,
premises. If requested by us, you agree to conduct all further earthquake, interruption of utilities, theft, er vandalism unless
business with usin writing,You agrea notte make, post or publish otherwise required by law. We have no duty ta remove any ice,
information that contains the personal information or likeness of water, sleet,
or snow but may remove any amount
with or without
another person, or is libelous, harassing, abusive, obscene, vulgar, notice. During freezing weather, you must ensure that the
temperature ia the apartment is sufficient to make sure that the
© 2028, National Apartment Assoclatica, Ine. -7/2023, Florida Page 4of 10
* Leandro Corona —™ Samet
Souge Pores 104 y l .
pipes do not freeze (che appropriate temperature will depend upon make material alterations, changes, or improvements to the
weather conditionsand thesizeand layout of your unt). Ifthe pipes apartmentat any time during the lease term at our discretion, and
Preview
Filing # 195660973 E-Filed 04/08/2024 09:58:07 AM IN THE COUNTY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI DADE COUNTY, FLORIDA CASE NO. cc25 JUDGE CIVIL DIVISION COMPLAINT MCREF Bird Road Development LLC dba Modera Douglas Station Plaintiff(s) -vs- Leandro Pereira and Samuel Souza Perez And All Others in Possession Defendant(s}. / COUNT I - TENANT EVICTION Plaintiff sues Defendant(s), and states: 1. Plaintiff is authorized for business in this county. 2, Plaintiff owns real property in this county described as: 3760 Bird Road #634 Miami, Florida 33146 3, Defendant(s) reside(s) in this county. 4. This is an action to evict Defendant(s) from the property. 5. Defendant(s) retain(s) possession of the property under a written agreement to pay rent of $3119.00 per month payable on the first of each month. A copy of the lease is attached hereto as Exhibit "A". 6. Defendant(s) failed to pay March rent in addition to late and utilities fees which are considered as additional rent. 7. Plaintiff served Defendant(s} with a notice on March 4, 2024 to either pay rent or deliver the premises, but Defendant(s) refuse(s} to do either, A copy of the Demand for Rent Notice is attached hereto as Exhibit '"'B". 8. Defendant(s) owe(s) Plaintiff, the following: rent for the month(s) stated in paragraph 6, totaling $3525.96, and rent as it becomes due. 79519 9. Failure of Defendant(s) to pay rent as due caused Plaintiff to retain the undersigned attorneys to represent them in this action and to agree to pay said attorneys a reasonable fee for their services and costs, which Defendant(s) should pay pursuant to Florida Statute Sec. 83.48 and the lease agreement . WHEREFORE, PLAINTIFF DEMANDS JUDGEMENT FOR POSSESSION OF THE PROPERTY AGAINST THE DEFENDANT(S) AND FOR OTHER JUST RELIEF INCLUDING COURT COSTS AND ATTORNEY’S FEES. Dated: April 5, 2024 s/ Kenneth J. Lowenhaupt, Esq. Email: pleadings@fl-landlord,com Florida Bar#: 0761532 Attorney for MCREF Bird Road Development LLC dba Modera Douglas Station Law Offices of Lowenhaupt Sawyers and Spinale 7765 S.W. 87th Avenue, Suite 201 Miami, Florida 33173 (305) 412-5636 79519 DEMAND FOR RENT (CARES ACT PROPERTIES) Date: March 04, 2024 To: + Leandro Pereira, Samuel Souza Peres and all others in possession 3760 Bird Rd Apt. 634 Miami, FL 33146 YOU ARE HEREBY NOTIFIED THAT YOU ARE INDEBTED TO ME JN THE SUM OF $ _ 3,525.96 FOR THE RENT AND USE OF THE PREMISES LOCATED AT 3760 Bird Rd Apt. 634, Miami, FL 33146 Miami-Dade COUNTY, FLORIDA, NOW OCCUPIED BY YOU. RENT WAS DUE ON THE Ast DAY OF March ,20_ 24 , ANDI DEMAND PAYMENT OF THE RENT OR POSSESSION OF THE PREMISES WITHIN THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THIS NOTICE. TO WIT: ON OR BEFORE THE 4th DAY OF April ,20_24 . GOVERN YOURSELF ACCORDINGLY! I certify that a copy of this notice has been furnished to the above-named tenant(s) this__4th__day of March »20_24 at 5:30 p.m. by: serving upon the person owing rent Xx leaving at said residence by posting as person owning samie was absent from his/her usual place of residence, Served by: Segee Caberatt Landlord: Modera Douglas Station Address: 3760 Bird Rd Miami, FL 33146 Phone: (305) 569-9515 Must provide payment with a cashier’s check ONLY. APARTMENT LEASE CONTRACT eto Date of Lease Contract: tember 16, 2023 (when the Lease Contracts filled out) This is a binding document. Read carefully before signing. 1, PARTIES, ‘This Lease Contract (sometimes referred to as the 3. LEASE TERM AND TERMINATION NOTICE REQUIREMENTS. "lense" is between you, the rsiden:() (Uist al people slgring the ‘The initial term of the Lease Contract begins on the 9th day Lease Contract}: of. iow er and ends at 11:59 p.m, Leandro Pereira Samuel Souza Peres the_8th _ dayof Wi = This Lease Contract will automatically renew month-to-month tuniess either party gives atleast days’ written notice of termination or intent to move-outas required by this paragraph and paragraph 47 (Move-Out Notice). If the number of days isn't f filled in, at least30 days" noticeis required, In the event you fail to provide us with the required number of days' written notice of ‘termination and intent to vacate coinciding with the lease expiration ote, as required by this paragraph and paragraph 47 (Move-Out Notice}, you acknowledge and agree that you shail be liable to us for liquidated damages in the sum of$__3119.00 (equal to ‘one month's rent) if we give you the advanced written notice and us, the owner: MCREF Bird Road Development required byPla, Stat, § 03.575(2). This liquidated damages amount is exclusive to insufficient notice under this paragraph and paragraph47 (Move-Out Notice), and does not limit collection rights with regard to other amounts potentially owed to us, Ifthe lease term is nota month-to-month tenancy,we must notify you with {name of apartment community or fife holder), You've agreed to written notice no later than, days before the end of the rent Apartment No. lease term ifthe lease will not be renewed, Road 634 Month-to-Month Tenancies: In the event this Lease Contract (street address)in am = renews on a month-to-month basis, you must pay the amount of {elty), Florida, 33146 ‘lp code) (the “dwelling unit” or rent we charge at the time the montit-to-month tenancy commences the "premises") for use asa private residence only. The terms "you' pursuant to this paragraph and paragraph 15 (RentIncreases and and "your’ refer to allresidents listed above. The terms "we,"*us,' ‘Lease Contract Changes), inclusive of any applicable month-to-month and "our" refer to the owner listed above (or any of owner's fees and/or premiums. We may change your rent at any time successors’ In interest or assigns). Written or electronic noticeto thereafter during a month-to-month tenancy by g you no less or from our managers constitutes notice to or from us. Iranyone than 30 days' written notice. You will be required to abide by all else hes guaranteed performance of this Lease Contract, a separate notice requirements set forth in the lease and remain liableto pay Lease Contract Guaranty for each guarantor is attached. all other applicable charges due under the lease during your month- to-monch tenancy unless specifically changed in writing, Allsuens ‘The OQ Owner or C] Manager of these apartments is Mi. due under this paragraph shall beadditional rent. We may require Creek Residential Services you to sign an addendum written for month-to-month tenants, Either party may terminate a month-to-month tenancy by giving the other party written notice no later than 30 days' prior ta the whose address is3760- Bird Road, Miami FL, 33146 vend of the monthly rental period. If you fail to provide us at least 30 days' written notice to terminate a month-to-month tenancy Such person or companyis authorized to receive rier tothe end ofthe morthly ental period, youshallbe lable to notices and demands in the landiord's behalf, us for an additional 1 month's rent. Aloase termination notice must be givon in writing, Notice to the SECURITY DEPOSIT, Unless modified by addenda, the total security landlord must be delivered to the management office at the deposit at the time of execution of this Lease Contract for all apartment communi 5 apy ater address desiznated by residents in the apartments $2475.00 due on or before management as follows: 3760_B: the date this Lease Contract is signed. 33: Any security deposit or advance rent you paid is being held in one Excoptas otherwiserequired byapplieablelaw, any notice required of the Following three ways as indicated below (Landlord check one by this Lease or law shall be in writing and shall be deemed to be option] delivered to you if: (a) delivered personally; (b) sent electronically . Ina separate NON-INTEREST bearing account for your benefit via email to any email address on file with us as provided by you; in the following bank: BNC (© postad to the door of your address shown abave; or (d) mailed by U.S. First Class Mail to your address shown above. whose address is2711 NE 187 St, Aventura FL 33: a OCCUPANTS. The apartment will be occupied onlyby you and (fist :0R ail other cecupants not signing the Lease Contract) 2, Ina separate INTEREST bearing account for your benefit in the following bank: whose address is, fan interest bearing account, you will be-entitled to receive and collectinterestin an amount of atleast75 percent of the annualized average interestrate payable on such account or interestat the rate of percent per year, simple interest, whichever the landlord olects. (8. Ina commingled account at the following bank. No one else may occupy the apartment. Persons not listed above whose address is, must not stay in the apartment for more than da; without our prior written consont. ifthe previous space isn’t filled provided that the landlord posts a surety bond with the in, cwo days per month is the limic. county orstate, as required by law, and pays you intereston, your security depositor advance rentat the rate ofS porcent per year simple interest. ©2023, National Apartment Assoclation, Inc, -7/2023, Florida Page 1 of10 1 y ty Kolioy Leandra D pr Scamuel Souge Parad Initials of Resident, Resident acknowledges costs of late payments and damages in such instances are difficult receiving a copy of FS, 83.49(2)(d) which providesas follows: to determine. We also both agree that the amount of late rent and ‘YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS, THE animal violation fees charged are reasonable estimates of the LANDLORD MAY TRANSFER ADVANCE RENTSTO THE LANDLORD'S administrative expenses, costs, and damages we would incur in ACCOUNTAS THEY ARE DUE AND WITHOUT NOTICE, WHEN YOU such instances, ‘MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS All ofthe foregoing charges willbe considered tobe additional rent. SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT, THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 7. UTILITIES. We'll pay for the following items, if checked: 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TO Owater gas Clelectricity C)master antenna, IMPOSE A CLAIM AGAINST THE DEPOSIT. I? YOU Do NOT REPLY QQwastewater Qtrash Ocable TV ‘TO TH LANDLORD STATING YOUR OBJECTION TO THE CLAIM Dotter. WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, You'll pay for all other utilities, related deposits, and any charges, ‘THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU fees, or services on such utilities. You must not allow utilities to be ‘THE REMAINING DEPOSIT, IF ANY, disconnected--- including disconnection for not paying your bills— IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE ‘until the lease term or renewal period ends. Cable channels that LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE are provided may be changed during the lease term if the change ALAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAILTO TIMELY applies to all residents. Utilities may be used only for normal OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THB Tousehold purposes and must not be wasted. L’your electricity is DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A ever interrupted, you must use only battery-operated ligating. If REFUND. any utilities are submetered for the apartment, or prorated by an, ‘YOU SHOULD ATTEMPT TOTNFORMALLY RESOLVE ANY DISPUTE allocation formula, we will attach an addendum to this Lease BEFORE FILING A LAWSUIT, GENBRALLY, THE PARTY IN WHOSE Gontractin compliance with state agency rules or city ordinance. FAVOR A JUDGMENT IS RENDERED WIL], BE AWARDED COSTS Resident shall not heat the apartment using gas-operated stoves AND ATTPORNRY FEES PAYABLE BY THE LOSING PARTY, ‘or ovens which were Intended for use in cooking. ‘THIS DISCLOSURItIS BASIC, PLEASE REFERTO PART II OF CHAPTER Where lawful, all utilities, charges and fees of any kind under this 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS lease shallbe considered additional rent, and if partial payments AND OBLIGATIONS, are accepted by the Landlord, they will be allocated firstto non-rent charges and to rent fast. Failure to maintain utilities as required 8. KEYS. You will be provided 0 apartment key(s),__2 herein is a material violation of the Lease and may result in mailbox key(), 2 POB(), and/or, 1 other access termination of tenancy, eviction and/or any ather remedies under device(s) for access to the building and amenities at no additional the Lease and Plorida faw. cost at mave-in. If the key, FOB, or other access device is lost or INSURANCE, We do net maintain insurance to cover your personal becomes damaged during your tenancy or is nat returned or is, property or personal injury. Weare natresponsibisio any resident, returned damaged when you move out, you willbe responsible for guest, or occupant for damage or loss of personal property or tho costs for the replacement and/or repair of the same personal injury from (including but not limited to) fire, smoke,rain, 6. RENT AND CHARGES. Unless modified by addenda, you will pay flood, water and pipe leaks, hail, ice, snow, lightning, wind, $3119.00 _permonth{forrent, payable in advance and without explosions, earthquake, interruption of utilities, theft, hurricane, demand: negligence of other residents, occupants, or invited /uninvited guests or vandalism unless otherwise required by law. Qatthe on-site manager's office, or atour online payment site, or fh addition, we urgeall Tenants, and particularly those residing in Dat. coastal areas, areas near rivers, and areas prone to flooding, to obtain flood insurance. Renter's insurance may not cover damage to your property due o flooding. A flood insuranceresource which may be available includes the National Fload Insurance Program managed by the Fodoral Bmergency Management Agency (FEMA) Prorated rent of§_2287.27 is due for the remainder of fehecke We O] require O) do nctrequireyou to get your own insurance ‘ist month oC) 2nd month, on, lov for losses to your personal property or injuries due to theft, fire, 20: water damage, pipe leaks and the like, Ifno boxis checked, renter's Otherwise, you must pay your rent on or before the 1st day of each insuranceis notrequired. ‘month (due date} withno grace period. Cash is unacceptable without Additionally, youare jcheck onef () requiredte purchase personal our prior writien pecmission, You rust net withhold oroffsetrent. ability Insurance & not required to purchase personal lability unless authorized by statute, We may, atour option, require at any insurance. Ifno box is checked, personal liability insurance is not time that you pay all rent and other sums in cash, certified or regulred, required, failure te maintain personel licbility insurance cashier's check, money order, or one monthly check rather than. throughout your tenancy, including any renewal periods and/or multiple checks, At our discretion, we may convert any and all lease extensions isan incurable breach ofthis Lease Contractand checks via the Automated Clearing House (ACH) system, for the ‘may result in the termination of tenancy and eviction and/or any purposes of coltecting payment, Reatis not considered accepted, other remedies as pravided by this Lease Contract or state law. ifthepayment/ACH isrejected, docsnatclear, oris stopped for any reason. We may, butare not required to, acceptrent through direct LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the debit, ACH or other electronic means established and approvedby prior resident moves out. The rekeying will be done before you us, Ifyou don’t pay all rent on or before the. ard day of the move into your apartment. month, you'll pay alate charge, Your late charge will be (check one) ‘You may at any time ask us to change or rekey locks ar latches Qa flat rate ofS ory 210 % of your total uring the Lease Term. We must comply with those requests, but monthly rent payment. You'll also pay a charge of § 75.0 ‘you must pay for them, unless otherwise provided by law. for eack returned check or rejected electronic payment, plusa late charge. Ifyou don’t pay renton time, or fallto pay any rent, utilities Paymentfor Rekeying, Repairs, Etc. You must pay for all repairs orcontractual fees due under a prior lease ifthisisa renewal lease, or veplacements arising from misuse or damage to devices by you you'lbe delinquent andall remedies under this Lease Contract will ‘or your faraily, occupants, cr guests during your occupancy. You be authorized, We'll also have all other remedies for such viclation, may be required to pay in advance if we notify you within a All payment obligations under this Lease Cantract shall constitute reasonable time after your request thatyou aremoretinan30 days rent under this Lease Contract, delinquent in reimbursing us for repairing ar replacing a device ‘Weand yau agree that the falure to payrenttimelyof che violation ‘witichwas misused or damaged by you, your guestaran occupant; ofthe animal restrictions results in added administrative expenses ov ifyouhave requested thatwe repair or change or rekey thesame and addéd costs to us, the same as if we had to borrow money to device during the 30 days preceding your request and we have pay the operating casts of the property necessary to cover such ‘complied with your request, Otherwise, you mustpay immediately added costs. We both agree that the late fee and animal violations after the work is completed, provisions are intended to be liquidated damages since the added © 2023, National Apartment Association, Inc - 7/2023, Flotida Page 2 of10 ? Leandro Ds Poreina © Samual Suge Doe " Whudy koliey aaa 10, SPECIAL PROVISIONS. The following special provisions and any | 15. RENT INCREASES AND LEASE CONTRACT CHANGES. addenda or written rules furnished to you at or before signing will No rent increases or Lease Contract changes are allowed before become a part of this Lease Contract and will supersede any the initial Lease Contract term ends, except for changes allowed conflicting provisions of this printed Lease Contract form, by any special provisions in paragraph 10 (Special Provisions),by a written addendum or amendment signed by you and us, or by reasonable changes of apartment rules allowod under paragraph 19 (Community Policies or Reles). If, at least 5 days before the advance notice deadline referred to in paragraph 3 (Lease Term and Terraination Notice Requirements), we give you written notice See any additional special provistons, ofrent inert ses oF lease changes effective when the lease term or renewal period ends, this Lease Contract will automatically continue 11. BARLY MOVE-OUT. Unless modiffed by an addendum, ifyou: ‘month-to-month with the increased rent orlease changes. The new (2) move out without paying rent in full for the entire Lease modified Lease Contract will begin on the date stated in the notice Contract terma or renewal period; or (without necessity of your signature) unless you give us written, (2) move out at our demand because of your default; or ‘ove-out notice under paragraph 47 (Move-Out Notice) * (8) are judicially evicted. You will be liable for all rent owed at the time and as it becomes 16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for due under the terms af your lease agreement until the apartment construction, repairs, cleaning, or a previcus resident's holding is re-rented. over, we're not responsible for the delay. The Lease Contract will remain in force subject to: (1) abatement ofrent ona daily basis 42. REIMBURSEMENT, You must promptly reimburse us for lass, during delay; and (2) your right to terminate as set fort below. damage, government fines, or cost of repairs or service in the ‘Termination notice must bein writing. After termination, you are apartmentor apartment community due toa violation of the Lease entitled only to refund of deposit(s} and any rent paid. Rent Contractor rules, improper use, or negligence by you or your guests abatement or Lease Contract termination does not apply if delay is or occupants or any thor ise not due to our negligence or Fault for cleaningor repairs that don’t pravent you from accupying the as allowed by law, except for damages byacts of God to the extent apartment, they couldn'tbe mitigated by youraction or inaction, You'll defend, ifthore isa delay and we kaven’t given notice of delay as set forch indemnify and hold us harmless from ai liability arising from your immediately below, you may terminate up to the date when the conduct or that of your invitees, your occupants, your guests, or apartment is ready for occupancy, but not later. our representatives who at your request perform services not (1) IF we give written notice to any of you when or after the Initial contemplated inthis Lease, Inless the damage or wastewater term as set forth in Paragraph 3 (Lease Term and Termination Notice Requitements)—and the notice states that occupancy you must pay for—repairs, replacement costs, and damagecto has been delayed because of construction o: a previous or resident's holding over, and that the apartment will be ready secupants’ negligenceor ntentlonalacts: (1) damage to deors, on a specific date—you may terminate the Lease Contract doors left within 3 days of your receiving the notice, but not late ‘open; and (3) damage from wastewater stoppages caused by (2) If we give written ratice to any of you before the initial term ing your apartment, fas set forth in Paragraph 3 {Lease Term and Termination ‘We may require payment at any time, Including advance payment Notice Requirements) and the notice states that construction of repairs for which you're liabte, Delay in demanding sums you delay is expected and that the apartment will be ready for ‘oweis nota waiver. you to occupy on a specific Gate, you may terminate the Lease 13, CONTRACTUAL LIEN AND PROPERTY LEFT IN APARTMENT, Contract within 7 days after any of you receives written notice, All property in the apartment or common areas associated but not later The readiness dave is considered the new initial with the apartment is (unless exempt under state statute) termas set forth in Paragraph 3 (Lease Term and Termination subject to a contractual lien to secure payment of delinquent Notice Requiremonts) for al purposes, This new data may not rent, The lien will attach to your property ar your property be moved to an earlier date wnless we and you agree. ‘will be subjectto the lien atthe time yau surrendar possession 17, AD VALOREM TAXES/FRES AND CHARGES orabandan the premises. Forthis purpose, “apartment” iacludes - ADDITIONAL RENT. common arezs associated with the apartment and interior living Unless otherwise prohibited by law, if, during the term of tals Lease, areas and exterior patios, balconies, attached garages, and any locality, city, state, or Federal Government imposes upon. Us, storeroomsfor your exclusive use. any fee, charge, or tax, which isrelatedto orcharged by the number of occupants, or by the dwelling unititsel€ such thatwe are charged Removal AfterSurrenderor Abandonment, We orlaw officers a fee, charge, or tax, based upon your use or occupaacy of the ‘may, at our discretion, remove, dispose and/or store all property dwelling unit, we may add this charge as Additional Rent, during remaining {a the apartment or in common areas (including any the term of tho Lease Contract, with thirty (30) days advance written ‘vehicles you or aay occupant or guest owns or uses) ifyou surrender, notice to you. After this written notice (the amountor approximate are judicially evicted, or abandon the apartment (see definitions amount of the charge, will be included}, you agree to pay, a8 in paragraph 52 (Surrender anid Abandonment)). Additional Rent, the amount ofthe charge, tax or fee imposed upon. ‘THELANDLORD IS NOT REQUIRED T0 COMPLY WITH s. 715.104, us, as a result of your eccupansy, As examplos, these charges can. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGRERS include, butare notlimitedto: any charges we receive for any zoning ‘THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF violation, sound, noise or Litter charge; any charge under any POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF nuisance or chronic nuisance type statute, 911 or other life safety, ‘THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER per person, cr per unit charge or tax and any utility bl unpald by ‘83, FLORIDA STATUTES, THELANDLORD SHALL NOT BE LIABLE you, which is then assessed to us for payment, OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 18, ‘TENANT'S PERSONAL PROPERTY. DISCLOSURE RIGHTS. If someone requests Information on you er your rental history for law-enforcement, governmental, or Storage, Wemay store, but have no duty to stare, property removed business purposes, we may provide It. At our request, any utility after surrender, eviction, or abandenmentofthe apartment, We'ro provider may give us information about pending or actual not liable for casualty loss, damage, or theft except for property ‘connections ordiseanne ions ofutllity service to your apartment. Femoved undera contractual lien. You must pay reasonable charges for our packing, removing, storing, and selling any property. ‘U4 FAILING TO PAY RENT, [fycu don’t pay the first month's rent wien. or before the Lease Contract begins, or any other rent duo under this ease we may end yourrigato7 nceupancyand vecoverdamages, attorney's fees, court casts, and other lawful charges. © 2023, Nations] Apartisent Association, Ine, -7/2023, Florida Page 3 of 10 * Leasudro D Porwina a Semel Smuaga Pores 8 Wendy Kaliey a ee 19. COMMUNITY POLICIBS OR RULES. You and ali guests and sexually explicit,or is inappropriate with respect to race, gender, ‘eccupants must comply with any written apartment rules and sexuality, ethnicity, or other intrinsiccharacteristte; oris unrelated communtiy pol es, including instructionsfer care of our property. ‘to the goods or services offered by cr available at ‘Apartment ‘Ourrulesare considered part ofthis Lease Contract. We may make ‘Community; or is clearly false or misleading, You agree not to use reasonable changes to written rules, effective iramediately,ifthey ‘our corporate names, slogans, images, photes, logos, internetdomain are distributed and applicable to all units in the apartment names, trademarks, copyrights or trade names. Any violation of ‘community and do nat change dollar amounts on page 1 of this this paragraph shall be a material breach of this Lease and will Lease Contract. entitle us to exercise all rights and remedies under the lease and aw. 20, LIMITATIONS ON CONDUCT. The apartment and other areas reserved for your private use must be kept clean and free of trash, 22, PARKING. We may regulate the time, manner, and place of parking garbage, and other debris, Trash mustbe disposed ofat least weekly cars, trucks, motorcycles, bicycles, boats, trailers, recreational in appropriate receptacles in accordance with lacal ordinances. vehicles, and storage devices by anyone, We may bave unauthorized Passageways may be used only for entry or exit. You agree to keep or illogally parked vehicles towed under an appropriate statute. A all passageways and common areas free of obstructions suck as vehicle is unauthorized or illegally parked in the apartment trash, storage items, and all formas of personal property. No person community if it: shall ride or allow bikes, skateboards, or other similar objects in (a) hasa flat tie or other condition renderingit inoperable; or the passageways. Any swimming pools, saunas, spas, tanning beds, 2) ts on jacks, blocks or has wheel(s) missing; or exercise rooms, storerooms, laundry rooms, and similar areas must (B) has no current Kcense plate or no current registration and/or be used with care in accordance with apartment rules and posted inspection sticker; or signs. Glass containers are prohibited in all common areas. YoU, (4) takes up more than one parking space; or your occupants, or guests may not anywhere in the apartment 5) belongs to a resident or occupant who has surrendered or ‘community: use candlesor use kerosene lamps or kerosene heaters abandoned the apartment; or ‘without our prior written approval; cook or. balconies or outside; (6) is parked in a marked handieap space without the legally orsolicitbusiness or contributions. Conductingany kind of business required handicap insignia; or (including child care services)in yourapartmentorin theapartment (7) Is parked in space marked for manager, staff, or guest at the communityis prohibited —eycept thatany lawful business conducted 5 OF “athome" by computer, mail, or telephoneis permi ibleif customers, {€) blocks another vehicle from exiting: or clienis, patients, or other business associates do not come to your (9) is parked ina fire lane or designated "no parking” area; or apartment for business purposes, We may regulate: (1) the use of (210) is parked ina space marked for other resident(s) or unit(s); or patios, balconies, and porches; (2) the conduct of furniture movers (21) is parked on the grass, sidewalk, or patio; or and delivery persons; and (3) recreational activities in common (12) blocks garbage trucks from access to a dumpster; or areas. You'll be liable to us for damage caused by you or any guests (13) belongs to a resident and is parked in a visitor or retall parldng or occupants, space. We may exclude, and/or "No Trespass" from tha apartment 23, RELEASE OF RESIDENT. Unless you're entitled tc terminate your community guests or others who, in our judgment, have been tenancy under paragraphs 10 (Special Provisions), 16 (Delay of violating the law, violating this Lease Contract orany apartment Occupancy), 24 (Military Personnel Clause), 32 (Responsibilities rules, or disturbing other residents, neighbors, visitors, or owner of Owner), 47 (Move-Out Notice), or by separate addendum, you representatives, We may also exclade from any outside area or won tbereleased from this Lease Contract forany reason—including common area a person who refuses to show photo identification but not limited to voluntary or involuntary school withdrawal or or refuses to ideatify himself or herself asa resident, occupant, or transfer, voluntary or involuntary job transfer, marriage, separation, guest of a specific residentin the communtty. Tenant agrees that divorce, reconciliation, loss of co-residents, loss of employment, landlord reserves the right to trespass any nan-tenant from the bad health, or death, : Ieased premises and common areas, You agree to notify us if you or any occupants are convicted of any 24. MILITARY PERSONNEL CLAUSE. Allparties tothis Lease Contract felony, or misdemeanor involving a controlled substance, violence agree to comply with any federal Jaw, including, but not limited to ‘0 another person or destruction of property. You also ageee to the Service Member's Civil RellefAct, or any applicable state law(s), notify us if you or any occupant registers as a sox offender in any ifyouare seeking to terminate this Leese Covtractand/or subsequent state, Informing usoferiminal convictions or sex offender registry renewalsand/or Lease Contractextensions under the rights granted does not waive our right to evict you. by such laws, 2A. PROHIBITED CONDUCT. You, your occupants or guests, or the 28, RESIDENT SAFETY AND PROPERTY LOSS. Youand all occupants guests of any occupants, may not engage in the following actvities: and guests must exercise due eare for your own and others' safety ‘behavingin a loud or abnoiious manner; disturbing or threatening and security, especially in the use of smoke detectors and carson ‘tho rights, comfort, health, safety, orconvenience of athers (including monoxide detectors, keyed deadbolt locks, keyless bolting devices, our agents and employees) in ox near the apartment community; window latches, and other access.cortrol devices. disrupting our business operations; manufacturing, delivering, Smoke Detectors and Carbon Monoxide Detectors. possessing with intent to deliver, or otherwise possessing a ‘We'll furnish smoke detectors and carbon monoxide detectors only controlled substance or drug paraphernalia; engaging in or if required by statute and we'll test thom and provide working threatening violence; possessinga weapon probibitedby state lav; batteries when you flrsttake possession. After that, you must test discharginga firearm in the apartment community; displaying or the smoke detectors.and the carbon monoxide detectors an a regular possessing a gun, knife, or other weapon. in the common area fn. a basis, you must pay far and replace batteries as needed, unless the way that may alarm others; engaging tn criminal activity that Jaw provides otherwise. We may replace dead or missing batteries threatens the health, safety, orrightto peaceful enjoymentof otters atyour expense, withont prior noticeto you, You raustimmediately in or near the apartment community (ogardless of arrest or reportsmoke detector and carbon monoxide detectar malfunctions conviction); storiag anything in closets having gas appliances; to us. Neither yau nor others may disable neither the smoke tampering with utilities or telecommunications; bringing hazardous detectors nor the carbon monoxide detectors. If you disable or materials into the apartment community; cr injuring our reputation damage the smoke detectors or the carbon monoxide detectors, bby making bad faith allegations againstus to others. You agree to or fail to replace a dead batcery or fail to report malfunctions to communicateand conduct yourselfatall timesin. alawful, courteous, us, you will be ‘ble to usand others for any loss, zetual damages, and reasonable manner whea interacting with our employees, fines imposed by any state or local agencies or municipalities, agents, independent contractors, and vendors; other residents, attorney fees and costs, occupants, euests or invitees; oz any other person on the premises, You agree not to engage in any abusive behavior, elther ver2al or Casualty Loss. We're not liableto any resident, guest, or occupant physical, or any form of inti mor aggression directed at cur for personal injury or damage or loss of personal property from employees, agents, independent contractors, and vendors; other any cause, inckading but not limited to: fire, smoke, rain, flood, residents, occupants, guests or invitees; or any other person onthe water and pipe leaks, hail, ice, snow, lightning, wind, explosions, premises. If requested by us, you agree to conduct all further earthquake, interruption of utilities, theft, er vandalism unless business with usin writing,You agrea notte make, post or publish otherwise required by law. We have no duty ta remove any ice, information that contains the personal information or likeness of water, sleet, or snow but may remove any amount with or without another person, or is libelous, harassing, abusive, obscene, vulgar, notice. During freezing weather, you must ensure that the temperature ia the apartment is sufficient to make sure that the © 2028, National Apartment Assoclatica, Ine. -7/2023, Florida Page 4of 10 * Leandro Corona —™ Samet Souge Pores 104 y l . pipes do not freeze (che appropriate temperature will depend upon make material alterations, changes, or improvements to the weather conditionsand thesizeand layout of your unt). Ifthe pipes apartmentat any time during the lease term at our discretion, and