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IN THE COUNTY COURT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CLEARVIEW GARDENS, LTD.
DBA SUNHOUSE APARTMENTS,
caseNo:_24-T2ITE
CL 4
GENERAL JURISDICTION DIVISION
Plaintiff(s).
VS.
SOFIA I. BORREGO & ALL OTHERS IN a
fe
POSSESSION, i ee
Defendant(s)
Sed
COMPLAINT.
Plaintiff(s), CLEARVIEW GARDENS, LTD. DBA SUNHOUSE APARTMENTS
(“CLEARVIEW”), Landlord, sues the Defendants SOFIA I. BORREGO & ALL OTHERS IN
POSSESSION, Tenant(s) and alleges as follows
COUNT I
REMOVAL OF TENANT
(Summary Procedure Pursuant to Fla. Stat. 51.011)
1 This Court has jurisdiction over this matter in that it is an action for the removal of a
tenant from real property located in MIAMI-DADE County, Florida.
2 Venue is proper in MIAMI-DADE County in that the Defendant(s) are located in
MIAMI-DADE County, and the lease at issue between the parties governs a tenancy in MIAMI.
DADE County, Florida.
3 Plaintiff is entitled to resolve this claim through the Summary Procedure outlined in
Fla. Stat. 51.011 pursuant
to Fla. Stat. 83.21
4 Plaintiff is the landlord/owners for the following described residential real
INT
property in MIAMI-DADE County COPY OF THE COMPLE
AND St ih AILED
He
ee ES
6975 WEST 16™ AVENUE, II-325 TO TH
HIALEAH, FLORIDA 33014 ON
Ciroutt and ABR
a
nee
-1- .—————
5 The Defendant(s) have possession of the property by way of:
(Check One)
X A written lease agreement. A true and correct copy of the lease
is attached hereto and incorporated herein.
O An oral lease agreement, the terms of which are:
Beginning date:
Ending date:
Rent period: O Daily
1) Weekly
xX Monthly
O Yearly
Rent due each period: $2,169.00
6 The Defendant(s) have failed to pay rent for the premises as required by the
Lease.
7 The Plaintiff served the Defendant(s) with a statutory Three-Day Notice demanding the
Defendant(s) for payment of said rent or possession of said premises. A true and correct copy of the
Three-Day Notice is attached hereto and incorporated herein.
8 The Defendant(s) refuse to vacate the premises in accord with the Lease and are
an unlawful holdover tenant(s). Accordingly, Plaintiff is entitled to immediate possession of the
premises.
9. All conditions precedent to the maintenance of this action have occurred, been
performed or have been excused.
-2-
WHEREFORE, Plaintiff demands judgment for possession of the property, and the
award of costs against the Defendant(s), together with such other and further relief as this Court
deems just and proper.
Dated. Ults [34
Respectfully submitted:
Clearview Gardens, LTD.
By Clearview Gardens, Inc.
General Paytner
By. fF
Mark 6 avita}A
dent
6975 W 16" A me, Office
Hialeah, FL 33014
(954) 739-7653
(305) 822-9000
-3-
Clearview Gardens, Ltd.
6975 West 16th Avenue
Rental Office
Hialeah, FL 33014
All Residents
c/o Sofia I. Borrego
6975 W 16th Avenue
1-325
Hialeah, FL 33014
Three-day Notice to Tenant
Demand for Payment or Possession
Florida Statutes 83.56
Miami-Dade County, Florida
Date: 04/04/2024
TO: Sofia I. Borrego
6975 W 16th Avenue
H-325
Hialeah, FL 33014
You and all others in possession are hereby notified that you are indebted to me in the sum of $2,378.40 for the
rent and use of the premises located 6975 W 16th Avenue II-325 Hialeah FL 33014, now occupied by you. I
demand payment of the rent in full or possession of the premises within (3) day (excluding Saturday, Sunday, and
legal holidays) from the date of delivery of this notice, to wit: on or before April 9, 2024.
Clearview Gardens, Ltd.
6975 W 16th Avenue
Rental Office
Hialeah, FL 33014
(305) 822-9000
Certificate of Service
I certify that a copy of this Notice has been furnished to the above named tenant(s) on 04/04/2024 by:
() Hand delivered to the tenant at the rental premises.
(X) Posting on the rental premises in a conspicuous place.
() Mailed by Unites States First Class Mail to tenant at rental premises.
as
Date of Lease Contract: July 17,
APARTMENT LEASE CONTRACT
2023
AON APARTMENT
Tact
(when the Lease Contract is filled out) This is a binding document. Read carefully
before signing.
[ Moving
In — eral 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_28th day
Lease Contract) 3 3 and ends at 11:59 p.m.
Sofia I. Borrego the 27th day of ‘September
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-ut Notice). Ifthe number of days isn’t
filled in, at least 30 days' notice is 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
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 $ 2169 {equal to
‘one month's rent) if we give you the advanced written notice
and us, the owner: Clearview Gardens, Limited required by Fla. Stat. § 83.575(2). This liquidated damages amount
dba
Apartments
Sunhouse 0000 is exclusive to insufficient notice under this paragraph and
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
rame of apartment community or tile holder). You've agreed to written notice no later than 60 days before the end of the
ent Apartment No. lease term if the lease will not be renewed.
16th Avenue Month-to-Month Tenancies: In the event this Lease Contract
renews on a month-to-month basis, you must pay the amount of
(Gtreet address) in Hialeah rent we charge at the time the month-to-month tenancy commences
(city), Florida, 33014 (ip code) (the "dwelling unit" or pursuant to this paragraph and paragraph 15 (Rent Increases and
the premises”) for use asa private residence
only. The terms "you" Lease Contract Changes), inclusive of any applicable month-to-month
and "your" refer toall 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 than 30 days’ written notice. You will be required to abide by all
or from our managers constitutes notice to or from us. If anyone notice requirements set forth in the lease and remain liable
to pay
elsehas 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. to-month tenancy unless specifically changed in writing, All sums
‘The @ Owner or C) Manager of these artments is due under this paragraph shall be additional rent, We may require
Clearv: Ss, LTD se you to sign an addendum written for month-to-month tenants.
‘Apartments Either party may terminate a month-to-month tenancy by giving
the other party written notice no later than 30 days’ prior to the
whose address is 6975. W 16th Avenue, Office end of the monthly rental period. If you fail to provide us at least
Bi 14 30 days’ written notice to terminate a month-to-month tenancy
aoc 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.
Alease termination notice must be given in writing. Notice to the 4, 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 community or any other address designated by residents in the apartment is $ 500.00 due on or before
management
as follows: 6975 W_ 16th Avenue. the date this Lease Contract is signed.
Office, Hiealeah, Fl 33014
Any security deposit or advance rent you paid is being held in one
of the following three ways as indicated below [Landlord check one
Exceptas otherwise required by applicable law, any notice required option]:
by this Lease or law shall be in writing and shall be deemedto be
delivered to you if: (a) delivered personally; (b) sent electronically @ 1. Inaseparate NON-1INTEREST bearing account for your benefit
lo Bank
via email to any email address on file with us as provided by you; in the following bank:
(© posted to the door of your address shown abov. @ mailed whose address isMiami, Florida
by U.S, First Class Mail to your address shown above.
OCCUPANTS. The apartment will be occupied only by you and (list OR
all other occupants not signing the Lease Contract) Q2. Ina separate INTEREST bearing account for your benefit in
the following bank:
whose address is
Ifan 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
ofS percent per year, simple interest, whichever the landlord elects.
(3. Inacommingled account at the following bank
whose address is
No one else may occupy the apartment. Persons not listed above
must not stay in the apartment for more than 14 di
without our prior written consent. if the previous space isn't filled provided that the landlord posts a surety bond with the
in, two days
per month is the limtt. county or state, as required by law, and pays you intereston
your security deposit or advance rentat
the rate of5 percent
per year simple interest,
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Docent ID: 386025752
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A___ Initials of Resident. Resident acknowledges costs of late payments and damages in such instances are difficult
receivinga copy of FS. 83.49(2)(d) which provides as 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 RENTS TO THELANDLORD'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 Allofthe 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:
30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TO water Qegas Qelectricity Q) master antenna.
IMPOSEA CLAIM AGAINST THE DEPOSIT, IF YOU DO NOT REPLY wastewater Ctrash OcableTV
TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM Wother Pest Control
WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, You'll
pay for all other utilities, rel 1d 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 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 electricityis
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 Il OF CHAPTER lease shall be considered additional rent, and if partial payments
83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS are accepted
by the Landlord, they will be allocated firstto non-rent_
AND OBLIGATIONS, charges and to rent last, Failure to maintain utilities as required
5. KEYS. You will be provided__1_ apartment key(s),_1. herein is a material violation of the Lease and may result in
mailbox key(s),__0_ FOB(s), and/or___0___
other access termination of tenancy, eviction and/or any other remedies under
device(s) for access to the building and amenities at no additional the Lease and Florida law.
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 propertyor personal injury. We arenot 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, personal injury from (includingbut not limited to) fire, smoke, rain,
RENT AND CHARGES, Unless modified by addenda, you will pay flood, water and pipe leaks, hail, ice, snow, lightning, wind,
$2094.00 _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.
@atthe on-site manager's office, or In addition, we urge all Tenants, and particularly those residing in
@atour online payment site, or coastal areas, areas near rivers, and areas prone to flooding, to
Wat https: //liveatsunhouse.com obtain flood insurance. Renter's insurance may not cover damage
to your property due to flooding. flood insurance resource which
may be available includes the National Flood Insurance Program
managed by the Federal Emergency Management Agency (FEMA).
Prorated rent of $__289.20 is due for the remainder of [check We @ require () donot require you to get your own insurance
one}: 1st month orQ) 2nd month, on. for losses to your personal property or injuries due to theft, fire,
water damage, pipe leaks and the like. Ifno box is checked, renter's
Otherwise, you must pay your rent on or before the ist day
of each insurance is not required,
‘month (due date) with no grace period, Cash is unacceptable without Additionally,
you are [check one] (| requiredto purchase personal
our prior written permission. You must
not withhold or offset rent liability insurance Q] 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
time that you pay all rent and other sums in cash, certified or required. Ifrequired, 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.
ifthe payment/ACH is rejected, does not clear, or is stopped for any
reason,We may, butare 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 approvedby prior resident moves out. The rekeying will be done before you
us, ‘you don't pay all rent on or before the__3zd_day
of the move into your apartment.
month, you'll pay alate charge. Your late charge will be (checkone) You may at any time ask us to change or rekey locks or latches
Qa flat rate of $. or® _10__% of your total during the Lease Term, We must comply with those requests, but
monthly rent payment. You'll also pay a charge of $_50 you must pay for them, unless otherwise provided by law.
for each returned check or rejected electronic payment, plus alate
charge. Ifyou don't pay rent on time, or fail to pay any rent, utilities Payment for Rekeying, Repairs, Etc, You must pay forall repairs
or contractual fees due undera prior lease ifthisis a renewal lease, or replacements arising from misuse or damage to devices by you
you'llbe 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 reasonable time after your request that you are more than 30 days
rent under this Lease Contract. delinquent in reimbursing us for repairing or replacing a device
We and you agree that the failure to pay rent timely or the violation
which was misused or damaged by you, your guest or an occupant;
ofthe animal restrictions results in added administrative expenses
or if you have requested
that we repair or change or rekey the same
and added costs to us, the same asif we had to borrow money to device during the 30 days preceding your request and we have
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. oe 23. ride ET Page
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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 allowed under paragraph
19 (Community Policies or Rules). If, at least 5 days before the
advance notice deadline referred to in paragraph 3 (Lease Term
and Termination Notice Requirements), we give you written notice
See any additional special provisions. ofrent increases or lease changes effective when the lease term or
renewal period ends, this Lease Contract will automatically continue
11, EARLY MOVE-OUT. Unless modified by an addendum, ifyou: month-to-month with the increased rent or lease changes, The new
(1) move out without paying rent in full for the entire Lease modified Lease Contract will begin on the date stated in the notice
Contract term 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 move-out notice under paragraph 47 (Move-Out Notice).
(3) are judicially evicted,
‘You will be liable for al] 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 of your lease agreement until the apartment construction, repairs, cleaning, or a previous resident's holding
over, we're not responsible for the delay. The Lease Contract will
isre-rented. remain in force subject to: (1) abatement of rent on a daily basis
12, REIMBURSEMENT. You must promptly reimburse us for loss, during delay; and (2) your right to terminate as set forth below.
damage, government fines, or cost of repairs or service in the Termination notice must be in writing. After termination, you are
apartment
or apartment community
due to a violation of the Lease entitled only to refund of deposit(s) and any rent paid. Rent
Contract
or rules, improper use, or negligence
by you or your guests abatement
or Lease Contract termination does not apply if delayis
or occupants or any other cause not due to our negligence or fault for cleaning
or repairs that don't prevent you from occupying the
as allowed by law, except for damages by acts of God to the extent apartment.
they couldn't be mitigated by your action or inaction. You'll defend, If there is a delay and we haven't given notice of delay as set forth
indemnify and hold us harmless from all 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 (2) If we give written notice to any of you when or after the initial
contemplated in this Lease.Unless the damage or wastewater term as set forth in Paragraph 3 (Lease Term and Termination
Notice Requirements)—and the notice states that occupancy
has been delayed because of construction or a previous
resident's holding over, and that the apartment will be ready
nts’ negligenceo tention cts m ge to oors on a specific date—you may terminate the Lease Contract
within 3 days of your receiving the notice, but not later.
pen; and (3) damage from wastewater stoppages caused by (2) If we give written notice to any of you before the initial term
We may require payment at any time, Including advance payment as set forth in Paragraph 3 (Lease Term and Termination
of repairs for which you're liable. Delay in demanding sums you Notice Requirements) and the notice states that construction
‘owe is nota waiver. delay is expected and that the apartment will be ready for
you to occupy on a specific date, 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 date is considered the new initial
with the apartment is (unless exempt under state statute) term as set forth in Paragraph 3 (Lease Term and Termination
subject to a contractual lien to secure payment of delinquent Notice Requirements) for all purposes. This new date may not
rent. The lien will attach to your property or your property be moved to an earlier date unless we and you agree.
will be subject to the lien atthe time you surrender possession 17. AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL RENT.
or abandon the premises. For this purpose, “apartment” includes Unless otherwise prohibited by law, if, during
the term of this Lease,
‘common areas associated with the apartment and interior living any locality, city, state, or Federal Government imposes upon Us,
areas and exterior patios, balconles, attached garages, and any fee, charge, or tax, which is related to or charged by the number
storerooms for your exclusive use, of occupants, or by the dwelling unit itself, such that we are charged
Removal After Surrender
or Abandonment. We or law officers a fee, charge, or tax, based upon your use or occupancy 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 in the apartment or in common areas (including any the term of the Lease Contract, with thirty (30) days advance written
vehicles you or any occupantor guest owns or uses) ifyou surrender, notice to you. After this written notice (the amount
or approximate
are judicially evicted, or abandon the apartment (see definitions amount of the charge, will be included), you agree to pay, as
in paragraph 52 (Surrender and Abandonment)). Additional Rent, the amount of the charge, tax or fee imposed
upon
THE LANDLORD IS NOT REQUIRED TO COMPLY WITH s.715.104, us, as a result of your occupancy. As examples, these charges can
BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES: include, butare not limited to: any chargeswe 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, or per unit charge or tax and any utility bill unpaid by
83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BELIABLE you, which is then assessed to us for payment.
OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 18. DISCLOSURE RIGHTS. If someone requests information on you
TENANT'S PERSONAL PROPERTY. or your rental history for law-enforcement, governmental, or
Storage. We may store, buthave no duty
to store, property removed business purposes, we may provide it. At our request, any utility
after surrender, eviction, or abandonment
of the apartment. We're provider may give us information about pending or actual
not liable for casualty loss, damage, or theft except for property connections or disconnections of utility service to your apartment.
removed under a contractual lien. You must pay reasonable charges
for our packing, removing, storing, and selling any property.
14, FAILING TO PAY RENT. Ifyou don't pay the first month's rent when
or before the Lease Contract begins, or any other rent due under
this lease we may end your rightof occupancy and recover damages,
attorney's fees, court costs, and other lawful charges.
© 2023, National Apartment Association, Inc. Page 3 of 10
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‘While You're Living in the Apartment, ue
19. COMMUNITY POLICIES OR RULES, You and all guests and sexually explicit, or is inappropriate with respect to race, gender,
occupants must comply with any written apartment rules and sexuality, ethnicity, or other intrinsic characteristic; oris unrelated
community
policies, including instructions for care
of our property. to the goods or services offered by or available at this Apartment
Ourrules are considered part
of this Lease Contract.
We may make Community; or is clearly false or misleading, You agree not to use
reasonable changes to written rules, effective immediately, ifthey our corporatenames, slogans, images, photos, logos, internet domain
are distributed and applicable to all units in the apartment names, trademarks, copyrights or trade names. Any violation of
community and do not 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
law.
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 of atleast weekly cars, trucks, motorcycles, bicycles, boats, trailers, recreational
in appropriate receptacles in accordance with local ordinances, vehicles, and storage devices by anyone, We may have unauthorized
Passageways may be used only for entry or exit. You agree to keep or illegally parked vehicles towed under an appropriate statute.A
all passageways and common areas free of obstructions such as vehicle is unauthorized or illegally parked in the apartment
trash, storage items, and all forms of personal property. No person ‘community if't:
shall ride or allow bikes, skateboards, or other similar objects in (1) has a flat tire or other condition rendering it inoperable; or
the passageways. Any swimming pools, saunas, spas, tanning beds, (2) is on jacks, blocks or has wheel(s) missing; or
exercise rooms, storerooms, laundry rooms, and similar areas must (3) has no current license 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 candles or use kerosene
lamps or kerosene heaters abandoned the apartment; or
without our prior written approval; cook on balconies or outside; (6) is parked in a marked handicap space without the legally
or solicit business or contributions, Conducting
any kind ofbusiness required handicap insignia; or
(Gcluding child care services) in your apartment or in the apartment (7) is parked in space marked for manager, staff, or guest at the
communityis prohibited—except that any lawful business conducted office; or
“athome' by computer, mail, or telephone is permissible
if customers, (8) blocks another vehicle from exiting; or
clients, patients, or other business associates do not come to your (9) is parked in a fire lane or designated "no parking” area; or
apartment for business purposes. We may regulate: (1) the use of (10) is parked in a space marked for other resident(s) or unit(s); or
patios, balconies, and porches; (2) the conduct of furniture movers (11) 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) belongsto a resident and is parked in a visitor or retail parking
or occupants. space.
We may exclude, and/or "No Trespass” from the apartment 23, RELEASE OF RESIDENT, Unless you're entitled to 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 or any apartment Occupancy), 24 (Military Personnel Clause), 32 (Responsibilities
ules, or disturbing other residents, neighbors, visitors, or owner of Owner), 47 (Move-Out Notice), or by separate addendum, you
representatives. We may also exclude from any outside area or won'tbe released from this Lease Contract for any 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 identify himself
or herself as a resident, occupant, or transfer, voluntary or involuntary job transfer, marriage, separation,
guest ofa specific resident in the community. Tenant agrees that divorce, reconciliation, loss of co-residents, loss of employment,
landlord reserves the right to trespass any non-tenant from the bad health, or death.
leased premises and common areas.
You agree to notify us ifyou or any occupants are convicted of any 24, MILITARY PERSONNEL CLAUSE. All parties to this Lease Contract
felony, or misdemeanor involvinga controlled substance, violence agree to comply with any federal law, including, but not limited to.
to another person or destruction of property. You also agree to the Service Member's Civil Relief Act, or any applicable state law(s),
notify us if you or any occupant registers as a sex offender in any ifyouare seeking to terminate this Lease Contract and/or subsequent
state, Informingus of criminal convictions or sex offender registry renewals and/or Lease Contract extensions under the rights granted
does not waive our right to evict you. by such laws.
21, PROHIBITED CONDUCT. You, your occupants or guests, or the 2S, RESIDENT SAFETY AND PROPERTY LOSS. You andall occupants
guests of any occupants, may not engage in the following activities: and guests must exercise due care for your own and others’ safety
behaving ina loud or obnoxious manner; disturbing or threatening and security, especially in the use of smoke detectors and carbon
therights, comfort, health, safety, or convenience
of others (including monoxide detectors, keyed deadbolt locks, keyless bolting devices,
our agents and employees) in or near the apartment community; window latches, and oth
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IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CLEARVIEW GARDENS, LTD. DBA SUNHOUSE APARTMENTS, caseNo:_24-T2ITE CL 4 GENERAL JURISDICTION DIVISION Plaintiff(s). VS. SOFIA I. BORREGO & ALL OTHERS IN a fe POSSESSION, i ee Defendant(s) Sed COMPLAINT. Plaintiff(s), CLEARVIEW GARDENS, LTD. DBA SUNHOUSE APARTMENTS (“CLEARVIEW”), Landlord, sues the Defendants SOFIA I. BORREGO & ALL OTHERS IN POSSESSION, Tenant(s) and alleges as follows COUNT I REMOVAL OF TENANT (Summary Procedure Pursuant to Fla. Stat. 51.011) 1 This Court has jurisdiction over this matter in that it is an action for the removal of a tenant from real property located in MIAMI-DADE County, Florida. 2 Venue is proper in MIAMI-DADE County in that the Defendant(s) are located in MIAMI-DADE County, and the lease at issue between the parties governs a tenancy in MIAMI. DADE County, Florida. 3 Plaintiff is entitled to resolve this claim through the Summary Procedure outlined in Fla. Stat. 51.011 pursuant to Fla. Stat. 83.21 4 Plaintiff is the landlord/owners for the following described residential real INT property in MIAMI-DADE County COPY OF THE COMPLE AND St ih AILED He ee ES 6975 WEST 16™ AVENUE, II-325 TO TH HIALEAH, FLORIDA 33014 ON Ciroutt and ABR a nee -1- .————— 5 The Defendant(s) have possession of the property by way of: (Check One) X A written lease agreement. A true and correct copy of the lease is attached hereto and incorporated herein. O An oral lease agreement, the terms of which are: Beginning date: Ending date: Rent period: O Daily 1) Weekly xX Monthly O Yearly Rent due each period: $2,169.00 6 The Defendant(s) have failed to pay rent for the premises as required by the Lease. 7 The Plaintiff served the Defendant(s) with a statutory Three-Day Notice demanding the Defendant(s) for payment of said rent or possession of said premises. A true and correct copy of the Three-Day Notice is attached hereto and incorporated herein. 8 The Defendant(s) refuse to vacate the premises in accord with the Lease and are an unlawful holdover tenant(s). Accordingly, Plaintiff is entitled to immediate possession of the premises. 9. All conditions precedent to the maintenance of this action have occurred, been performed or have been excused. -2- WHEREFORE, Plaintiff demands judgment for possession of the property, and the award of costs against the Defendant(s), together with such other and further relief as this Court deems just and proper. Dated. Ults [34 Respectfully submitted: Clearview Gardens, LTD. By Clearview Gardens, Inc. General Paytner By. fF Mark 6 avita}A dent 6975 W 16" A me, Office Hialeah, FL 33014 (954) 739-7653 (305) 822-9000 -3- Clearview Gardens, Ltd. 6975 West 16th Avenue Rental Office Hialeah, FL 33014 All Residents c/o Sofia I. Borrego 6975 W 16th Avenue 1-325 Hialeah, FL 33014 Three-day Notice to Tenant Demand for Payment or Possession Florida Statutes 83.56 Miami-Dade County, Florida Date: 04/04/2024 TO: Sofia I. Borrego 6975 W 16th Avenue H-325 Hialeah, FL 33014 You and all others in possession are hereby notified that you are indebted to me in the sum of $2,378.40 for the rent and use of the premises located 6975 W 16th Avenue II-325 Hialeah FL 33014, now occupied by you. I demand payment of the rent in full or possession of the premises within (3) day (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before April 9, 2024. Clearview Gardens, Ltd. 6975 W 16th Avenue Rental Office Hialeah, FL 33014 (305) 822-9000 Certificate of Service I certify that a copy of this Notice has been furnished to the above named tenant(s) on 04/04/2024 by: () Hand delivered to the tenant at the rental premises. (X) Posting on the rental premises in a conspicuous place. () Mailed by Unites States First Class Mail to tenant at rental premises. as Date of Lease Contract: July 17, APARTMENT LEASE CONTRACT 2023 AON APARTMENT Tact (when the Lease Contract is filled out) This is a binding document. Read carefully before signing. [ Moving In — eral 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_28th day Lease Contract) 3 3 and ends at 11:59 p.m. Sofia I. Borrego the 27th day of ‘September 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-ut Notice). Ifthe number of days isn’t filled in, at least 30 days' notice is 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 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 $ 2169 {equal to ‘one month's rent) if we give you the advanced written notice and us, the owner: Clearview Gardens, Limited required by Fla. Stat. § 83.575(2). This liquidated damages amount dba Apartments Sunhouse 0000 is exclusive to insufficient notice under this paragraph and 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 rame of apartment community or tile holder). You've agreed to written notice no later than 60 days before the end of the ent Apartment No. lease term if the lease will not be renewed. 16th Avenue Month-to-Month Tenancies: In the event this Lease Contract renews on a month-to-month basis, you must pay the amount of (Gtreet address) in Hialeah rent we charge at the time the month-to-month tenancy commences (city), Florida, 33014 (ip code) (the "dwelling unit" or pursuant to this paragraph and paragraph 15 (Rent Increases and the premises”) for use asa private residence only. The terms "you" Lease Contract Changes), inclusive of any applicable month-to-month and "your" refer toall 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 than 30 days’ written notice. You will be required to abide by all or from our managers constitutes notice to or from us. If anyone notice requirements set forth in the lease and remain liable to pay elsehas 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. to-month tenancy unless specifically changed in writing, All sums ‘The @ Owner or C) Manager of these artments is due under this paragraph shall be additional rent, We may require Clearv: Ss, LTD se you to sign an addendum written for month-to-month tenants. ‘Apartments Either party may terminate a month-to-month tenancy by giving the other party written notice no later than 30 days’ prior to the whose address is 6975. W 16th Avenue, Office end of the monthly rental period. If you fail to provide us at least Bi 14 30 days’ written notice to terminate a month-to-month tenancy aoc 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. Alease termination notice must be given in writing. Notice to the 4, 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 community or any other address designated by residents in the apartment is $ 500.00 due on or before management as follows: 6975 W_ 16th Avenue. the date this Lease Contract is signed. Office, Hiealeah, Fl 33014 Any security deposit or advance rent you paid is being held in one of the following three ways as indicated below [Landlord check one Exceptas otherwise required by applicable law, any notice required option]: by this Lease or law shall be in writing and shall be deemedto be delivered to you if: (a) delivered personally; (b) sent electronically @ 1. Inaseparate NON-1INTEREST bearing account for your benefit lo Bank via email to any email address on file with us as provided by you; in the following bank: (© posted to the door of your address shown abov. @ mailed whose address isMiami, Florida by U.S, First Class Mail to your address shown above. OCCUPANTS. The apartment will be occupied only by you and (list OR all other occupants not signing the Lease Contract) Q2. Ina separate INTEREST bearing account for your benefit in the following bank: whose address is Ifan 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 ofS percent per year, simple interest, whichever the landlord elects. (3. Inacommingled account at the following bank whose address is No one else may occupy the apartment. Persons not listed above must not stay in the apartment for more than 14 di without our prior written consent. if the previous space isn't filled provided that the landlord posts a surety bond with the in, two days per month is the limtt. county or state, as required by law, and pays you intereston your security deposit or advance rentat the rate of5 percent per year simple interest, Page 1 of 10 (9 2075 National AparimensAsocation in Df Peay oss nob cSigature jature Sovices Services Document Docent ID: 386025752 ESOTSTED]] A___ Initials of Resident. Resident acknowledges costs of late payments and damages in such instances are difficult receivinga copy of FS. 83.49(2)(d) which provides as 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 RENTS TO THELANDLORD'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 Allofthe 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: 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S INTENT TO water Qegas Qelectricity Q) master antenna. IMPOSEA CLAIM AGAINST THE DEPOSIT, IF YOU DO NOT REPLY wastewater Ctrash OcableTV TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM Wother Pest Control WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, You'll pay for all other utilities, rel 1d 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 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 electricityis 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 Il OF CHAPTER lease shall be considered additional rent, and if partial payments 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS are accepted by the Landlord, they will be allocated firstto non-rent_ AND OBLIGATIONS, charges and to rent last, Failure to maintain utilities as required 5. KEYS. You will be provided__1_ apartment key(s),_1. herein is a material violation of the Lease and may result in mailbox key(s),__0_ FOB(s), and/or___0___ other access termination of tenancy, eviction and/or any other remedies under device(s) for access to the building and amenities at no additional the Lease and Florida law. 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 propertyor personal injury. We arenot 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, personal injury from (includingbut not limited to) fire, smoke, rain, RENT AND CHARGES, Unless modified by addenda, you will pay flood, water and pipe leaks, hail, ice, snow, lightning, wind, $2094.00 _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. @atthe on-site manager's office, or In addition, we urge all Tenants, and particularly those residing in @atour online payment site, or coastal areas, areas near rivers, and areas prone to flooding, to Wat https: //liveatsunhouse.com obtain flood insurance. Renter's insurance may not cover damage to your property due to flooding. flood insurance resource which may be available includes the National Flood Insurance Program managed by the Federal Emergency Management Agency (FEMA). Prorated rent of $__289.20 is due for the remainder of [check We @ require () donot require you to get your own insurance one}: 1st month orQ) 2nd month, on. for losses to your personal property or injuries due to theft, fire, water damage, pipe leaks and the like. Ifno box is checked, renter's Otherwise, you must pay your rent on or before the ist day of each insurance is not required, ‘month (due date) with no grace period, Cash is unacceptable without Additionally, you are [check one] (| requiredto purchase personal our prior written permission. You must not withhold or offset rent liability insurance Q] 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 time that you pay all rent and other sums in cash, certified or required. Ifrequired, 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. ifthe payment/ACH is rejected, does not clear, or is stopped for any reason,We may, butare 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 approvedby prior resident moves out. The rekeying will be done before you us, ‘you don't pay all rent on or before the__3zd_day of the move into your apartment. month, you'll pay alate charge. Your late charge will be (checkone) You may at any time ask us to change or rekey locks or latches Qa flat rate of $. or® _10__% of your total during the Lease Term, We must comply with those requests, but monthly rent payment. You'll also pay a charge of $_50 you must pay for them, unless otherwise provided by law. for each returned check or rejected electronic payment, plus alate charge. Ifyou don't pay rent on time, or fail to pay any rent, utilities Payment for Rekeying, Repairs, Etc, You must pay forall repairs or contractual fees due undera prior lease ifthisis a renewal lease, or replacements arising from misuse or damage to devices by you you'llbe 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 reasonable time after your request that you are more than 30 days rent under this Lease Contract. delinquent in reimbursing us for repairing or replacing a device We and you agree that the failure to pay rent timely or the violation which was misused or damaged by you, your guest or an occupant; ofthe animal restrictions results in added administrative expenses or if you have requested that we repair or change or rekey the same and added costs to us, the same asif we had to borrow money to device during the 30 days preceding your request and we have 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. oe 23. ride ET Page 2 of 10 — pea er Ny el [What a ie ae ae hi J 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 allowed under paragraph 19 (Community Policies or Rules). If, at least 5 days before the advance notice deadline referred to in paragraph 3 (Lease Term and Termination Notice Requirements), we give you written notice See any additional special provisions. ofrent increases or lease changes effective when the lease term or renewal period ends, this Lease Contract will automatically continue 11, EARLY MOVE-OUT. Unless modified by an addendum, ifyou: month-to-month with the increased rent or lease changes, The new (1) move out without paying rent in full for the entire Lease modified Lease Contract will begin on the date stated in the notice Contract term 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 move-out notice under paragraph 47 (Move-Out Notice). (3) are judicially evicted, ‘You will be liable for al] 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 of your lease agreement until the apartment construction, repairs, cleaning, or a previous resident's holding over, we're not responsible for the delay. The Lease Contract will isre-rented. remain in force subject to: (1) abatement of rent on a daily basis 12, REIMBURSEMENT. You must promptly reimburse us for loss, during delay; and (2) your right to terminate as set forth below. damage, government fines, or cost of repairs or service in the Termination notice must be in writing. After termination, you are apartment or apartment community due to a violation of the Lease entitled only to refund of deposit(s) and any rent paid. Rent Contract or rules, improper use, or negligence by you or your guests abatement or Lease Contract termination does not apply if delayis or occupants or any other cause not due to our negligence or fault for cleaning or repairs that don't prevent you from occupying the as allowed by law, except for damages by acts of God to the extent apartment. they couldn't be mitigated by your action or inaction. You'll defend, If there is a delay and we haven't given notice of delay as set forth indemnify and hold us harmless from all 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 (2) If we give written notice to any of you when or after the initial contemplated in this Lease.Unless the damage or wastewater term as set forth in Paragraph 3 (Lease Term and Termination Notice Requirements)—and the notice states that occupancy has been delayed because of construction or a previous resident's holding over, and that the apartment will be ready nts’ negligenceo tention cts m ge to oors on a specific date—you may terminate the Lease Contract within 3 days of your receiving the notice, but not later. pen; and (3) damage from wastewater stoppages caused by (2) If we give written notice to any of you before the initial term We may require payment at any time, Including advance payment as set forth in Paragraph 3 (Lease Term and Termination of repairs for which you're liable. Delay in demanding sums you Notice Requirements) and the notice states that construction ‘owe is nota waiver. delay is expected and that the apartment will be ready for you to occupy on a specific date, 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 date is considered the new initial with the apartment is (unless exempt under state statute) term as set forth in Paragraph 3 (Lease Term and Termination subject to a contractual lien to secure payment of delinquent Notice Requirements) for all purposes. This new date may not rent. The lien will attach to your property or your property be moved to an earlier date unless we and you agree. will be subject to the lien atthe time you surrender possession 17. AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL RENT. or abandon the premises. For this purpose, “apartment” includes Unless otherwise prohibited by law, if, during the term of this Lease, ‘common areas associated with the apartment and interior living any locality, city, state, or Federal Government imposes upon Us, areas and exterior patios, balconles, attached garages, and any fee, charge, or tax, which is related to or charged by the number storerooms for your exclusive use, of occupants, or by the dwelling unit itself, such that we are charged Removal After Surrender or Abandonment. We or law officers a fee, charge, or tax, based upon your use or occupancy 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 in the apartment or in common areas (including any the term of the Lease Contract, with thirty (30) days advance written vehicles you or any occupantor guest owns or uses) ifyou surrender, notice to you. After this written notice (the amount or approximate are judicially evicted, or abandon the apartment (see definitions amount of the charge, will be included), you agree to pay, as in paragraph 52 (Surrender and Abandonment)). Additional Rent, the amount of the charge, tax or fee imposed upon THE LANDLORD IS NOT REQUIRED TO COMPLY WITH s.715.104, us, as a result of your occupancy. As examples, these charges can BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES: include, butare not limited to: any chargeswe 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, or per unit charge or tax and any utility bill unpaid by 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BELIABLE you, which is then assessed to us for payment. OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 18. DISCLOSURE RIGHTS. If someone requests information on you TENANT'S PERSONAL PROPERTY. or your rental history for law-enforcement, governmental, or Storage. We may store, buthave no duty to store, property removed business purposes, we may provide it. At our request, any utility after surrender, eviction, or abandonment of the apartment. We're provider may give us information about pending or actual not liable for casualty loss, damage, or theft except for property connections or disconnections of utility service to your apartment. removed under a contractual lien. You must pay reasonable charges for our packing, removing, storing, and selling any property. 14, FAILING TO PAY RENT. Ifyou don't pay the first month's rent when or before the Lease Contract begins, or any other rent due under this lease we may end your rightof occupancy and recover damages, attorney's fees, court costs, and other lawful charges. © 2023, National Apartment Association, Inc. Page 3 of 10 oT 4 ma ‘While You're Living in the Apartment, ue 19. COMMUNITY POLICIES OR RULES, You and all guests and sexually explicit, or is inappropriate with respect to race, gender, occupants must comply with any written apartment rules and sexuality, ethnicity, or other intrinsic characteristic; oris unrelated community policies, including instructions for care of our property. to the goods or services offered by or available at this Apartment Ourrules are considered part of this Lease Contract. We may make Community; or is clearly false or misleading, You agree not to use reasonable changes to written rules, effective immediately, ifthey our corporatenames, slogans, images, photos, logos, internet domain are distributed and applicable to all units in the apartment names, trademarks, copyrights or trade names. Any violation of community and do not 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 law. 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 of atleast weekly cars, trucks, motorcycles, bicycles, boats, trailers, recreational in appropriate receptacles in accordance with local ordinances, vehicles, and storage devices by anyone, We may have unauthorized Passageways may be used only for entry or exit. You agree to keep or illegally parked vehicles towed under an appropriate statute.A all passageways and common areas free of obstructions such as vehicle is unauthorized or illegally parked in the apartment trash, storage items, and all forms of personal property. No person ‘community if't: shall ride or allow bikes, skateboards, or other similar objects in (1) has a flat tire or other condition rendering it inoperable; or the passageways. Any swimming pools, saunas, spas, tanning beds, (2) is on jacks, blocks or has wheel(s) missing; or exercise rooms, storerooms, laundry rooms, and similar areas must (3) has no current license 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 candles or use kerosene lamps or kerosene heaters abandoned the apartment; or without our prior written approval; cook on balconies or outside; (6) is parked in a marked handicap space without the legally or solicit business or contributions, Conducting any kind ofbusiness required handicap insignia; or (Gcluding child care services) in your apartment or in the apartment (7) is parked in space marked for manager, staff, or guest at the communityis prohibited—except that any lawful business conducted office; or “athome' by computer, mail, or telephone is permissible if customers, (8) blocks another vehicle from exiting; or clients, patients, or other business associates do not come to your (9) is parked in a fire lane or designated "no parking” area; or apartment for business purposes. We may regulate: (1) the use of (10) is parked in a space marked for other resident(s) or unit(s); or patios, balconies, and porches; (2) the conduct of furniture movers (11) 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) belongsto a resident and is parked in a visitor or retail parking or occupants. space. We may exclude, and/or "No Trespass” from the apartment 23, RELEASE OF RESIDENT, Unless you're entitled to 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 or any apartment Occupancy), 24 (Military Personnel Clause), 32 (Responsibilities ules, or disturbing other residents, neighbors, visitors, or owner of Owner), 47 (Move-Out Notice), or by separate addendum, you representatives. We may also exclude from any outside area or won'tbe released from this Lease Contract for any 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 identify himself or herself as a resident, occupant, or transfer, voluntary or involuntary job transfer, marriage, separation, guest ofa specific resident in the community. Tenant agrees that divorce, reconciliation, loss of co-residents, loss of employment, landlord reserves the right to trespass any non-tenant from the bad health, or death. leased premises and common areas. You agree to notify us ifyou or any occupants are convicted of any 24, MILITARY PERSONNEL CLAUSE. All parties to this Lease Contract felony, or misdemeanor involvinga controlled substance, violence agree to comply with any federal law, including, but not limited to. to another person or destruction of property. You also agree to the Service Member's Civil Relief Act, or any applicable state law(s), notify us if you or any occupant registers as a sex offender in any ifyouare seeking to terminate this Lease Contract and/or subsequent state, Informingus of criminal convictions or sex offender registry renewals and/or Lease Contract extensions under the rights granted does not waive our right to evict you. by such laws. 21, PROHIBITED CONDUCT. You, your occupants or guests, or the 2S, RESIDENT SAFETY AND PROPERTY LOSS. You andall occupants guests of any occupants, may not engage in the following activities: and guests must exercise due care for your own and others’ safety behaving ina loud or obnoxious manner; disturbing or threatening and security, especially in the use of smoke detectors and carbon therights, comfort, health, safety, or convenience of others (including monoxide detectors, keyed deadbolt locks, keyless bolting devices, our agents and employees) in or near the apartment community; window latches, and oth