Complaint,Petition: CODINA PARTNERS, LLC VS DEMI BENJAMIN

On April 17, 2024 a Complaint,Petition was filed involving a dispute between Codina Partners, Llc, Palma At Downtown Doral, and Benjamin, Demi, for Evictions - Residential in the District Court of Miami-Dade County.

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Filing # 196385009 E-Filed 04/17/2024 12:10:01 PM

IN THE COUNTY COURT IN AND FOR DADE, FLORIDA
CASE NO.
CIVIL DIVISION
COMPLAINT

Codina Partners, LLC dba Palma at
Downtown Doral,

Plaintiff(s),
vs.
Demi Benjamin
Defendant(s)
__________________________________/
COMPLAINT
COUNT I - EVICTION OF RESIDENTIAL TENANT

PLAINTIFF, Codina Partners, LLC dba Palma at Downtown Doral sues Defendant(s),
Demi Benjamin, (hereinafter "tenant(s)"), and states:

1. Plaintiff is authorized for business in this County.

2. Plaintiff owns or is the lessor of the real property "the premises" in this county within the
meaning of Florida Stat. Sec. 83.43 (3) described as:
Palma at Downtown Doral
5225 NW 85TH AVE APT 2002
DORAL, FL 33166-6081
3. Tenant(s) reside(s) in this county.

4. This is an action to evict tenant(s) from the premises.

5. Tenant(s) retain(s) possession of the premises under a written lease requiring rent of
$3,595.00 per month to be paid the first of each month. A copy of relevant portions of the
lease is attached hereto and incorporated herein as Exhibit "A".

6. Tenant(s) failed to pay rent due through the month of April.

7. Tenant(s) owe(s) Plaintiff rent through the month(s) stated in paragraph 6 herein in the total
sum of $3,983.47.
8. Plaintiff served Tenant(s) notice to pay rent or vacate the premises on April 4, 2024 as
shown by copy or copies of notice(s) attached hereto and incorporated herein as Plaintiff's
Exhibit(s) "B", but Tenant(s) refuse(s) to do either.

9. In accordance with Fla. Stat. Section 83.60(2), if Tenant(s) fails deposit the sum of
$3,983.47 in the Court Registry, plus rent which accrues during the pendency of this action,
then Plaintiff is entitled to a Default Judgment for Removal of Tenant(s) and to recover a
judgment for rent due and owing, plus costs in accordance with Fla. Stat. Sections 83.59 and
83.625.

10. Failure of tenant(s) to pay rent as due caused plaintiff to retain undersigned counsel and
incur reasonable attorney's fees and costs, which tenant(s) should pay pursuant to Fla. Stat.
Sec. 83.48 and the Lease.

WHEREFORE, PLAINTIFF DEMANDS JUDGMENT for possession of the premises, rent due,
court costs and attorneys fees against the Defendant(s) and other available remedies in accordance
with Fla. Stat. Section 83.625 and for such other relief this Court deems just and proper.

Dated: April 17, 2024

s/ Elizabeth S. Rivera, Esq.
Elizabeth S. Rivera, service@barfieldpa.com
FL Bar Number 57330
Attorneys for Plaintiff
Barfield McCain Ayoub, P.A.
4460 Medical Center Way
West Palm Beach, FL 33407
Telephone: (561) 650-8139
Fax: (561) 650-8146

NOTICE OF DEBT
You are indebted to Codina Partners, LLC dba Palma at Downtown Doral for the amount of $3,983.47.Unless, within 30 days of receiving
this notice, you dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector. If you notify the
debt collector in writing within the 30-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the
debt or a copy of a judgment against you and a copy of such verification or judgment will be mailed to you by the debt collector. Although you
have 30 days to dispute the debt, that period does not delay initiation of legal action against you. Upon your written request within the 30-day
period, the debt collector will provide you with the name and address of the original creditor, if different from the current creditor.

###EFMESES###
Exhibit A
APARTMENT LEASE CONTRACT

Date of Lease Contract:
This is a binding document. Read carefully before signing.

Moving In — General Information

1. PARTIES. This Lease Contract (sometimes referred to as the 3. LEASE TERM AND TERMINATION NOTICE REQUIREMENTS.
"lease") is between you, the resident(s) (list all people signing the The initial term of the Lease Contract begins on the day
Lease Contract): of , , and ends at 11:59 p.m.
the day of , .
This Lease Contract will automatically renew month-to-month
unless either party gives at least days' written notice of
termination or intent to move-out as required by this paragraph
and paragraph 47 (Move-Out Notice). If the number of days isn't

provide us with the required number of days' written notice of
termination and intent to vacate coinciding with the lease expiration
date, as required by this paragraph and paragraph 47 (Move-Out
Notice), you acknowledge and agree that you shall be liable to us
for liquidated damages in the sum of $ (equal to
one month's rent) if we give you the advanced written notice
and us, the owner:

paragraph 47 (Move-Out Notice), and does not limit collection rights
with regard to other amounts potentially owed to us. If the lease
term is not a month-to-month tenancy, we must notify you with
(name of apartment community or title holder). You've agreed to written notice no later than days before the end of the
rent Apartment No. , at lease term if the lease will not be renewed.
Month-to-Month Tenancies: In the event this Lease Contract
renews on a month-to-month basis, you must pay the amount of
(street address) in
rent we charge at the time the month-to-month tenancy commences
(city), Florida, (zip code) (the "dwelling unit" or
pursuant to this paragraph and paragraph 15 (Rent Increases and
the "premises") for use as a private residence only. The terms "you"
Lease Contract Changes), inclusive of any applicable month-to-month
and "your" refer to all residents listed above. The terms "we," "us,"
fees and/or premiums. We may change your rent at any time
and "our" refer to the owner listed above (or any of owner's
thereafter during a month-to-month tenancy by giving you no less
successors' in interest or assigns). Written or electronic notice to
or from our managers constitutes notice to or from us. If anyone
notice requirements set forth in the lease and remain liable to pay
else has guaranteed performance of this Lease Contract, a separate
all other applicable charges due under the lease during your month-
Lease Contract Guaranty for each guarantor is attached.
The Owner or Manager of these apartments is due under this paragraph shall be additional rent. We may require
you to sign an addendum written for month-to-month tenants.
Either party may terminate a month-to-month tenancy by giving

whose address is end of the monthly rental period. If you fail to provide us at least

. Such person or company is authorized to receive prior to the end of the monthly rental period, you shall be liable to
notices and demands in the landlord's behalf. us for an additional 1 month's rent.
A lease termination notice must be given in writing. Notice to the
4. SECURITY DEPOSIT.
deposit at the time of execution of this Lease Contract for all
apartment community or any other address designated by
residents in the apartment is $ , due on or before
management as follows: the date this Lease Contract is signed.
. Any security deposit or advance rent you paid is being held in one
of the following three ways as indicated below [Landlord check one
Except as otherwise required by applicable law, any notice required
option]:
by this Lease or law shall be in writing and shall be deemed to be
delivered to you if: (a) delivered personally; (b) sent electronically
in the following bank:
(c) posted to the door of your address shown above; or (d) mailed ,
by U.S. First Class Mail to your address shown above. whose address is

2. OCCUPANTS. The apartment will be occupied only by you and (list ; OR
all other occupants not signing the Lease Contract):
the following bank:
,
whose address is

.
If an interest bearing account, you will be entitled to receive and
collect interest in an amount of at least 75 percent of the annualized
average interest rate payable on such account or interest at the rate
of 5 percent per year, simple interest, whichever the landlord elects.

,
provided that the
whose address is landlord posts a surety bond with the
No one else may occupy the apartment. Persons not listed above
must not stay in the apartment for more than days
,
without our prior written consent.
in, two days per month is the limit.
county or state, as required by law, and pays you interest on
your security deposit or advance rent at the rate of 5 percent
per year simple interest.
© 2023, National Apartment Association, Inc. - 7/2023, Florida
Initials of Resident. Resident acknowledges
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 RENTS TO THE LANDLORD'S administrative expenses, costs, and damages we would incur in
ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU such instances.
MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS All of the foregoing charges will be considered to be 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:
water gas electricity master antenna.
IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY wastewater trash cable TV
TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM other
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
A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY applies to all residents. Utilities may be used only for normal
OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE household purposes and must not be wasted. If your electricity is
DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A ever interrupted, you must use only battery-operated lighting. If
REFUND. any utilities are submetered for the apartment, or prorated by an
allocation formula, we will attach an addendum to this Lease
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
Contract in compliance with state agency rules or city ordinance.
BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
Resident shall not heat the apartment using gas-operated stoves
FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS
or ovens which were intended for use in cooking.
AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
Where lawful, all utilities, charges and fees of any kind under this
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER lease shall be considered additional rent, and if partial payments
AND OBLIGATIONS. charges and to rent last. Failure to maintain utilities as required
herein is a material violation of the Lease and may result in
5. KEYS. You will be provided apartment key(s),
termination of tenancy, eviction and/or any other remedies under
mailbox key(s), FOB(s), and/or other access
the Lease and Florida law.
device(s) for access to the building and amenities at no additional
cost at move-in. If the key, FOB, or other access device is lost or 8. INSURANCE. We do not maintain insurance to cover your personal
becomes damaged during your tenancy or is not returned or is property or personal injury. We are not responsible to any resident,
returned damaged when you move out, you will be responsible for guest, or occupant for damage or loss of personal property or
the costs for the replacement and/or repair of the same.

6. RENT AND CHARGES.
$ per month for rent, 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.
In addition, we urge all Tenants, and particularly those residing in
at our online payment site, or
at

may be available includes the National Flood Insurance Program
managed by the Federal Emergency Management Agency (FEMA).
Prorated rent of $ is due for the remainder of [check We require do not require you to get your own insurance
one]: 1st month or ,
. water damage, pipe leaks and the like. If no box is checked, renter's
Otherwise, you must pay your rent on or before the 1st day of each insurance is not required.
month (due date) with no grace period. Cash is unacceptable without Additionally, you are required to purchase personal
our prior written permission. You must not withhold or offset rent liability insurance not required to purchase personal liability
unless authorized by statute. We may, at our option, require at any insurance. If no box is checked, personal liability insurance is not
required. If required, failure to maintain personal liability 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 is an incurable breach of this Lease Contract and
checks via the Automated Clearing House (ACH) system for the may result in the termination of tenancy and eviction and/or any
purposes of collecting payment. Rent is not considered accepted, other remedies as provided by this Lease Contract or state law.
if the payment/ACH is rejected, does not clear, or is stopped for any
reason. We may, but are not required to, accept rent through direct 9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the
debit, ACH or other electronic means established and approved by prior resident moves out. The rekeying will be done before you
us. If you don't pay all rent on or before the day of the move into your apartment.
month, you'll pay a late charge. Your late charge will be (check one) You may at any time ask us to change or rekey locks or latches
or % of your total during the Lease Term. We must comply with those requests, but
monthly rent payment. You'll also pay a charge of $ you must pay for them, unless otherwise provided by law.
for each returned check or rejected electronic payment, plus a late
charge. If you don't pay rent on time, or fail to pay any rent, utilities Payment for Rekeying, Repairs, Etc. You must pay for all repairs
or contractual fees due under a prior lease if this is a renewal lease, or replacements arising from misuse or damage to devices by you
you'll be delinquent and all remedies under this Lease Contract will or your family, occupants, or guests during your occupancy. You
be authorized. We'll also have all other remedies for such violation. may be required to pay in advance if we notify you within a
All payment obligations under this Lease Contract shall constitute
rent under this Lease Contract. delinquent in reimbursing us for repairing or replacing a device
which was misused or damaged by you, your guest or an occupant;
We and you agree that the failure to pay rent timely or the violation or if you have requested that we repair or change or rekey the same
of the animal restrictions results in added administrative expenses
and added costs to us, the same as if we had to borrow money to complied with your request. Otherwise, you must pay immediately
pay the operating costs of the property necessary to cover such after the work is completed.
added costs. We both agree that the late fee and animal violations
provisions are intended to be liquidated damages since the added

© 2023, National Apartment Association, Inc. - 7/2023, Florida
When Moving Out
47. MOVE-OUT NOTICE. Before moving out, either at the end of the 51. SECURITY DEPOSIT DEDUCTIONS AND OTHER CHARGES.
lease term, any extension of the lease term, or prior to the end of the You'll be liable for the following charges, if applicable: unpaid rent;
lease term, you must give our representative advance written notice unpaid utilities; unpaid contractual fees, early termination charges,
or liquidated damages if applicable; unreimbursed service charges;
Term and Termination Notice Requirements). If you move out prior repairs or damages caused by negligence, carelessness, accident, or
to the end of the lease term, your notice does not act as a release of abuse, including stickers, scratches, tears, burns, stains, or unapproved
liability for the full term of the Lease Contract. You will still be liable holes; replacement cost of our property that was in or attached to
for the entire Lease Contract term if you move out early (see paragraph the apartment and is missing; replacing dead or missing smoke-
detector and carbon monoxide detector batteries; utilities for repairs
Contract under a separate Addendum, the statutory rights explained or cleaning; trips to let in company representatives to remove your
telephone or TV cable services or rental items (if you so request or
have moved out); trips to open the apartment when you or any guest
Resident), or any other applicable law. All notices to vacate must be
or occupant is missing a key; unreturned keys; missing or burned-out
in writing and must provide the date by which you intend to vacate.
light bulbs; removing or rekeying unauthorized access control devices
If the notice does not comply with the time requirements of paragraph or alarm systems; packing, removing, or storing property removed
move by the last date in the lease term, you will be responsible for in Apartment); removing illegally parked vehicles; special trips for
damages permitted under the lease and law. If you fail to vacate by trash removal caused by parked vehicles blocking dumpsters; false
the date set forth in any notice to vacate, we may seek the remedies security-alarm charges unless due to our negligence; animal-related

deem your notice void and you must submit a new written notice. If against us for violation (by you, your occupants, or guests) of local
you fail to provide proper notice and vacate, you will be responsible ordinances relating to smoke detectors and carbon monoxide
for damages permitted under the lease and law. detectors, false alarms, recycling, or other matters; late-payment

48. The move-out date can't be changed manager's time and inconvenience in our lawful removal of an animal
unless we and you both agree in writing. You won't move out before or in any valid eviction proceeding against you, plus attorney's fees,
the lease term or renewal period ends unless all rent for the entire
lease term or renewal period is paid in full. You're prohibited by law this Lease Contract.
from applying any security deposit to rent. You won't stay beyond You'll be liable to us for any charges for replacing all keys and access
the date you are supposed to move out. All residents, guests, and devices referenced in paragraph 5 (Keys) if you fail to return them
on or before your actual move-out date.
period for deposit refund begins. You must give us and the U.S. Postal
Service, in writing, each resident's forwarding address at least seven 52. SURRENDER AND ABANDONMENT.
(7) days before you vacate or abandon the premises. You are required Surrender. You have surrendered the apartment when all apartment
keys and access devices listed in paragraph 5 (Keys) have been turned
in where rent is paid.
only. Failure to give such notice in compliance with this paragraph Abandonment.
of actual knowledge of abandonment, it shall be presumed that you
have abandoned the apartment if you are absent from the apartment
you may have to the security deposit or any part of it. for a period of time equal to one-half the time for periodic rental
payments; however, this presumption does not apply if the rent is
49. You must thoroughly clean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances, patios, Surrender, abandonment, and judicial eviction end your right of
balconies, garages, carports, and storage rooms. You must follow possession for all purposes and gives us the immediate right to: clean
move-out cleaning instructions if they have been provided. If you up, make repairs in, and relet the apartment; determine any security
don't clean adequately, you'll be liable for reasonable cleaning charges. deposit deductions, and remove property left in the apartment.
Surrender, abandonment, and judicial eviction affect your rights to
50. You should meet with our representative
for a move-out inspection. Our representative has no authority to Property Left in Apartment)), but do not affect our mitigation
bind or limit us regarding deductions for repairs, damages, or charges.
Any statements or estimates by us or our representative are subject

or accounting.

Severability, Signatures, Originals and Attachments
53. If any provision of this Lease Contract is invalid
or unenforceable under applicable law, such provision shall be You are legally bound by this document.
ineffective to the extent of such invalidity or unenforceability only Read it carefully before signing.
without invalidating or otherwise affecting the remainder of this
Lease Contract. The court shall interpret the lease and provisions Resident or Residents Date Signed
herein in a manner such as to uphold the valid portions of this Lease (all sign below)
Contract while preserving the intent of the parties.

54. This Lease Contract has been
executed in multiple originals, with original signatures. We will
provide you with a copy of the Lease Contract. Your copy of the
Lease Contract may be in paper format, in an electronic format at
your request, or sent via e-mail if we have communicated by e-mail
about this Lease. Our rules and community policies, if any, will be
attached to the Lease Contract and provided to you at signing. When
an Inventory and Condition form is completed, you should retain
a copy, and we should retain a copy. Any addenda or amendments Owner or Owner’s Representative Date Signed
you sign as a part of executing this Lease Contract are binding and (signing on behalf of owner)
are hereby incorporated into and made part of the Lease Contract
between you and us. This lease is the entire agreement between
you and us. You acknowledge that you are NOT relying on any oral
representations.
addenda, A copy
amendments, or agreements
and scan of this may
Lease
beContract andpurpose
used for any related

and shall be treated as an original.

Case Info

Judge

CC 04 - Downtown Miami 04 - Judge Gonzalez-Whyte, Diana Track Judge’s New Case

Case No.

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Document Filed Date

April 17, 2024

Case Filing Date

April 17, 2024

County

Parties

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