Preview
Filing # 134782169 E-Filed 09/17/2021 10:22:33 AM
IN THE COUNTY COURT IN AND FOR ORANGE COUNTY, FLORIDA
LAKESHORE TAMARACK, LLC
d/b/a TAMARACK EAST MOBILE
HOME PARK,
Plaintiff, Case No.
Landlord/Tenant
v. Civil Division
ANYELO LEONARDO CABRERA,
AND ALL UNKNOWN/UNAUTHORIZED
OCCUPANTS,
Defendants.
COMPLMNT FOR EVICTION
Plaintiff, LAKESHORE TAMARACK, LLC, d/b/a TAMARACK EAST MOBILE
HOME PARK, sues Defendants, ANYELO LEONARDO CABRERA, AND ALL
UNKNOWN/UNAUTHORIZED OCCUPANTS, in the mobile home located at 7151
Honeycomb Street, Site #125, Orlando, Orange County, Florida, 32822 (the "subject mobile
home), and alleges:
1. This is an action for eviction within the jurisdictional limits of this Court to
evict a residential mobile home, mobile home tenants, and any other occupants from real
property in Orange County, Florida, as authorized by Section 723.061, Florida Statutes.
2. Plaintiff owns and operates Tamarack East Mobile Home Park, a mobile home
community located at 2312 S.Goldenrod Road, Orlando, Orange County, Florida, 32822
(the "Community").
3. The residents of the Community own their mobile homes and lease their
respective lots from Plaintiff. Accordingly, the landlord/tenant relationship existing
between Plaintiff/Owner and its residents is governed by Chapter 723, Florida Statutes.
4. Defendant is the legal owner of a 1981 HOME Mobile Home with VIN No.
0361612P, located in the Community at 7151 Honeycomb Street, Site #125, Orlando, Orange
County, Florida 32822.
5. Pursuant to a written Lot Rental Agreement, a copy of which is attached
hereto as Exhibit "A", Owner as landlord, leased to Defendant, as tenant, Site #125, in the
Community, and that lease has been renewed annually each year thereafter.
6. A written demand dated July 23, 2021, for the monies presently due and
owing was given to the Defendant. See copy attached hereto as Exhibit B.
7- The nonpayment default has continued for more than five days after delivery
of said written demand to Defendants. Plaintiff is therefore entitled to a judgment of
eviction pursuant to section 723.061(1)(a), Florida Statutes, which provides:
723.061 Eviction; grounds, proceedings.
(1) A mobile home park owner may evict a mobile home owner, a mobile home
tenant, a mobile home occupant, or a mobile home only on one or more of the following
grounds:
(1)(a) Nonpayment of lot rental amount. If a mobile home owner or tenant,
whichever is responsible, fails to pay the lot rental amount when due and if
the default continues for 5 days after delivery of a written demand by the
mobile home park owner for payment of the lot rental amount, the park
owner may terminate the tenancy. However, if the mobile home owner or
tenant, whichever is responsible, pays the lot rental amount due, including
any late charges, court costs, and attorney's fees, the court may, for good
cause, deny the order of eviction.
8. Defendants have failed to pay all the past due lot rental amounts due by
August 9, 2021, in the amount of $6,704.58.
9. The initial amount to be deposited in the Court Registry is 8,176.14, which is
2
the lot rental amount due at the date of filing this Complaint, including the $200.00 late
fee for August and September 2021, and the lot rent and property tax pass through of
$1,271.56, due for the months of August and September 2021.
10. The monthly accruing lot rental amount of $631.78, inclusive of the base lot
rent in the amount of $625.00, the property tax pass through in the amount of $10.78 per
month is the ongoing rent to be deposited in the Court Registry each month this action is
pending.
11. If the amount outlined in paragraph 10 above is not deposited in the Court
Registry by the 5th day of each month, a late fee in the amount of $75.0o per month will
accrue, and an additional $50.00 if not deposited by 15th of the month.
12. All conditions precedent to Plaintiff bringing this action have occurred or been
waived.
13. Plaintiff is entitled to summary procedure as set forth in Section 51.011,
Florida Statutes.
14. Plaintiff has retained the law firm of Lutz, Bobo & Telfair, P.A. to represent
it in this action and is obligated to pay its attorneys a reasonable fee for their services.
15. Pursuant to Section 723.068, Florida Statutes, and the written lease
agreement, the prevailing party in this action is entitled to attorney's fees.
WHEREFORE, Plaintiff requests judgment against Defendants allowing Plaintiff as
Owner to take possession of said property; evicting Defendants and ordering the issuance
of a writ of possession for the subject property, ordering the payment of all sums held in the
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registry of the court and/or the amounts due under the lease agreement prior to eviction
to Plaintiff; awarding attorney's fees and costs to Plaintiff; and, granting other relief as the
court deems just and proper.
Dated this 17th day of September 2021.
/s/ Charles Lovings, III
CHARLES LOVINGS, III (FBN 0122411)
clovings@floridahousinglaw.com
CAROL S. GRONDZIK (FBN 0156833)
csgrondzik@floridahousinglaw.com
rmsterling@floridahousinglaw.com
Lutz, Bobo &Telfair, P.A.
2155 Delta Boulevard Suite 210-B
Tallahassee, Florida 32303
(850) 521-0890
(850) 521-0891 (facsimile)
Attorneys for Plaintiff
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EXHIBIT "B"
TAMARACK EAST MOBILE HOME PARK
LOT RENTAL AGREEMENT
This Lot Rental Agreement between TAMARACK EAST MOBILE HOME PARK (the "Park Owner) and Anyelo
Cabrera (the "Home Owner) shall be effective on October 6,2020 and shall remain in effect until
OCTOBER 31, 2020, unless terminated earlieras provided in thisAgreement.
The purpose of this Agreement is to describe the unique relationship that exists between two
property owners: the Park Owner and the entity which owns the real estate and common area
improvements at Tamarack East Mobile Home Park, and the Home Owner, who owns a home located in
the Park. This Lot Rental Agreement allows the Home Owner to use the space known as for the placement
of hisor her home and allows the Home Ownerthe use of common area facilities at Tamarack East Mobile
Home Park subject to lawfully established rules and regulations. Nothing in this Agreement gives the
Home Owner a property interest inany part of the Park Owner's real estate, nothing in thisAgreement
gives the Park Owner any property interest in the Home Owner's home.
A. LOT RENTAL AMOUNT
1. BASE RENT: In consideration for the use of common area facilities andfor the use of a place
to locate a home, the Home Owner shallpay to the Park Owner inadvance on the firstday of
every month a base rent of$625.00 without any deduction or offset, Plus Property Tax Pass
Through Charge of $1.0.38 for a totalamount due of $635.38 per month.
2. OTHER FEES AND CHARGES Home Owner may also be assessed the following fees and charges.
Special Use Fees:
a. Storage Fee $ 0.00 N/A
b. Returned Check Charge $50.00. All checks not accepted and honored by the Banking
Institutions on the firstdeposit will be charged a returned check fee.
c. Late Payment Fee $75.00 AFTER THE 5TH DAY OF MONTH AND $50.00 AFTER THE 15TH
DAY OF THE MONTH plus $0.00 Per Day that the rental amount remains past due
eetniktive to the firstday of the month. (Applicable only in the event Resident is
delinquent with a monthly rental payment. All rental payments shall be due on the
first day of the month and shall be deemed to be past due if not paid by the fifthday
of each month.)
d. Garbage Disposal Charge —A garbage disposal charge of $N/A_ per nionth.
e. Storm Drainage Charge —
A storm drainage charge of$j\l/A per month.
f. Lot Clean-Up Charge $65.00 (per man hour) In case of fire,wind or water damage to
Residenf s
property, or in the event that Resident's lotis not kept clean and free of
trash or debris, Resident shall be responsible for any cost ofrepairs, removal of debris,
and clean-up of lot.
g. Lawn Maintenance fee, including mowing, edging, and trimming, in the amount of
$50.00 for each required maintenance performed by the Park Owner due to the fact
that Home Owner fails and/or refuses to do so.
h. Grass Mowing Charge -
$0.00 per season —
residents responsibility
i. Garbage Containment Fee ifirbecomes necessary for the Park Owner to place the
Home Owners garbage in proper containers because home owner fails todo so, there
will be an additional charge of $ 0.00 assessed to the Home Owner for each
occurrence.
j. Application Fee —
A new resident application fee of $30.00 per application. This fee
will be charged by the Park Owner as allowed by law in qualifying a prospective
resident by the Park. lfthis fee isdetermined to be an entrance fee prohibited by
Section 723.041, Florida Statues, it willbe refunded.
k. Pet Fee —
A pet fee of $N/A per pet per month.
l. Pest Control Fee —
A pest control fee of •$N/A per month.
m. Skirting and/or Mobile Home Clean-up Fee A skirting area clean-up fee of $65.00 if
Home Owner fails and/or refuses to keep the skirting area clean and free of debris or
to keep the exterior of the mobile home clean.
n. Special Services Fee —A special services fee of $65.00 per hour, but not less the $65.00
per service call,for any repair, maintenance, or service (other than those specifically
and separately mentioned herein) that is performed by the Park, but which isthe
responsibility of the Home Owner.
o. Entrance Fee -
$N/A. An entrance fee isapplicable to any mobile home place in the
Park. (This fee does not apply to the purchaser of a mobile home situated inthe Park
which home is offered for sale by a resident of the Park, or toany existing home within
the Park which home ismoved to a new location in the Park)
p. Attorney's Fees $Actual Resident (as determined by the courts). Residents shall
-
pay
for allreasonable attorney's fees incurred by the park as the result of any action taken
by the park against the Resident to collect delinquent rent, enforce the rental
agreement or the rules and regulations, whether suit is brought or not, and whether
such fees are incurred before or at trialor on appeal. As to any such action brought
to enforce the provisions of Chapter 723 Florida Statutes, inwhich action the Home
Owner is prevailing part, the Home Owner shall be entitled to a reasonable attorney's
fees as provided by Section 7823.068, Florida Statutes
q. Large item Trash Removal Charge —
a minimum of $Actual Resident. A garbage and/or
trash "removal" fee for items which are not collected as part of the normal garbage
or waste removal service provided in the Park (i.e. refrigerators, large appliances, etc.)
if theHome Owner failand/or refuses to remove same.
r. Vehicle Storage Fee -
$ N/A
s. Electric Entrance Gate Fee -
$N/A Each (Applicable only in the event Resident require
or desires additional entrance card(s) inaddition to the one (1) fee card supplied to
Resident by the Park Owner.)
t. Mail Box Fee -
$N/A
u. Speeding Fee -
$50.00
v. Water Fee -
$Actual Residents will be held financially responsible for damage to
private or park property caused by their family or guests.
w. Recycling Fee -
Ski/A per month
x. Damage to Property Fee -
$Actual Residents willbe held financially responsible for
damage to private or park property caused by their family or guests.
y. Security Deposit $ 0.00
z. Upgrading of Home Fee $Actual per hour for all work necessary to be performed by
Park Owner to bring a mobile home into the Park into conformance with Park rules
and regulations
Governmental and Utility Charges. These charges will be charged to the Home Owner(s) on a pro
rata basis or on such other bases as may be implemented by the governmental authority imposing such
charges. ("Pro rata basis" means that percentage derived by dividing the number of mobile horne spaces
leased by aresident by the total number of occupied mobile home spaces in the Park.) The governmental
and charges which
utility may currently be charged to the Home Owner(s) are as follow:
a. Water charges or increases in sarne for usage of water in common areas;
b. Sewer charges or increases insame for usage of sewer service in common areas;
c. Waste disposal charges or increases in same;
d. "Taxes", which term includes ad valorem taxes and special or non-ad valorem assessments
levied upon or assessed against the park by any unitof government. Ifthe method of property
taxation prevailing on the delivery date of this Prospectus ischanged so that taxes now levied
or assessed on Park property are replaced partially or completely by a tax levied or assess
upon the Park Owner as a capital levy orotherwise or on or measured by lot rental amounts
received by the Park Owner for the Park, orby any assessment other than any ad valorem tax,
then such new or altered taxes shallbe deemed included within the definition of "taxes",
e. "Pass-through charges" including the necessary and actual direct costs and irnpact or hook-
up fees for a governmentally mandated capital improvement, which may include the
necessary and actual direct costs and impact or hook-up fees incurred for capital
improvements required for public or private regulated utilities.
f. Expenses created and charged to the Park Owner by any State or local governmental entity
or utility company, including annual filing fee(s)and the Prospectus filing fee(s)as isrequired
by Chapter 723, Florida Statutes, and any other non-ad valorem assessments;
g. Special assessments or charges by any state or local government entity or utilitycompany;
h. Replacement utiHty charges charged to the Park Owner or to the Homeowners lot by any
state or local governmental entity or utilitycompany for service of a
type or nature not
available on the delivery date of this Prospectus in replacement or substitution, inwhole or
inpart, of any utilityor other service that is provided or isavailable to Park Home Owners on
the delivery date;
i. New utility charges charged the Park Owner by any State or local governmental entity or utility
company that become available for the beneficial use and enjoyment of the Park residents
after the delivery date of this Prospectus;
j. Any presently unknown governmental or utility charges,as defined above, which are charged
to the Park Owner inthe future by any State, local government or utilitycompany may be
charged to Home Owner(s) in accordance with law.
k. Non-ad valorem assessments.
I. Costs (including interest the Park Owner by said State or local governmental entity or
company. The Park Owner
utility may recapture these types of costs by charging a lump
sum assessment to the Home Owner, at the end of the term of the Park's yearly Lot Rental
Agreement (Lease), which, for thisPark, terminates on October of
31.st each year. These
types of charges shall be charged to Home Owner(s) after providing a least ninety (90)
days advance written notice to the Home Owner(s) on a pro rata basis as defined above
and shall be limited to the amount of the increased costs or charges incurred by the Park
Owner and any maintenance and administrative costs as permitted by Section 723.045,
Florida Statutes, if applicable.
Certain of the above mentioned government and utilitycharges and costs which are billedby
either the State or localgovernmental entities or utilitycompanies may be charged to the
1,1140; Home Owners after providing notice as required by Chapter 723, Florida Statutes, to all Home
Owners at any time during the lease term. The amount of an increase in these charges shall
be limited to the increased costsor charges billed to the Park Owner by the State or local
governmental agency or utilitycompany plus any maintenance and administrative costs
relating to same as ispermitted by Section 723.045, Florida Statutes. For purpose of this
prospectus, garbage collection isconsidered a utility.
In addition to paying the above listedpayments when due, the Home Owner is also required
to pay, upon written notice as prescribed by Chapter 723, FloridaStatutes, a pro rate portion
of all ad valorem and non-ad valorem assessments and any other governmental and utility
nia limited fees charged by the Florida
charges (including but not to filing fees andannual Division
of Land Sales Condominiums and Mobile Homes) and a pro rate portion of increases in
property taxes, and the costs of insurance, and services including waste
utilities, disposal paid
by the Park Owner. In those instances where the utilitiesor any of them are owned or
operated by the Park Owner, there shall be included in the determination of utilitycost
increases all related out-of-pocket costs including, without limitation, the cost of maintaining
or operating the utilityplant, repairs, capital improvements, and meeting governmental
requirements. The Home Owner will also be required to pay, over a reasonable period of time
to be established by the Park Owner, a pro rata portion of the costs of capital improvements
or alterations required by a government agency and a pro rata portion of the costs and fees
associated with hooking up to a private or public utility company if the Park Owner as a result
of actions taken (including interest based on Park Owner's then cost of borrowing) incurred
by the Park Owner as a resultof actions taken by State or local governmental entities or utility
companies but not directly billedto the Park Owner by said State or local governmental entity
or utilitycompany. The Park Owner may recapture these types of costs by charging lump sum
assessment to the Home Owners, at the end of the term of this LotRental Agreement (Lease),
which, for this park, terminates on October 31st of each year. These types of charges shall be
charged to Home Owner(s) after providing advanced written notice as prescribed by Chapter
723 Florida Statutes, to the Home Owner(s) on a pro rata basis as defined above and shall be
limited to the exact amount of the increased costs or charges incurred by the Park Owner and
gtilk
any maintenance and administrative costs as permitted by Section 723.045, Florida Statutes,
if applicable. Toi the extent any such cost related to a
"permanent improvemene in the
context of Section 723.011(3), Florida Statutes, it willnot be charged to any home owner
whose lot rental agreement was inexistence on June 4, 1984, or who assumed a lotrental
agreement inexistence on June 4, 1984.
The provisions of this Paragraph A shall apply to all renewals of the Lot Rental Agreement
pursuant to the Provisions of Paragraph B hereof.
B. RENEWAL.
Upon the expiration of the annual term of this Lot Rental Agreement, Home Owner
shall be offered a new Lot Rental Agreement for a term not to exceed 12 months and
subject to increases in lot rental amount or other charges based on the market rate,
or based on increases otherwise determined as set forth inthe prospectus delivered
to Home Owner, provided that Home Owner has not breached any of the terms,
covenants, or conditions of this Residency Agreement, the prospectus, the Rules and
Regulations or Chapter 723, Florida Statutes. The Park Owner may also offer Home
Owner other Residency Agreements with terms and conditions different than those
set forth above.
C. SERVICES PROVIDED BY THE PARK OWNER.
At the time of execution of this Lot Rental Agreement, the following services are
provided by the Park Owner as part of the lot rental amount: maintenance of the
Park's common areas and use of the Park facilities, water,sewer, and electric power
for the street lights and common facilities (butnot to •each individual mobile home in
the Park), waste disposal, and storm drainage.
D. TERMINATION.
Park Owner may terminate this Agreement upon the Home Owner's failure to comply
with Agreement or the Rules and Regulations, subject to the termination provisions
of Chapter 723, Florida Statutes. This Agreement may be terminated only as
permitted by applicable Florida Law. Home Owner's removal or notification of his
intent to move hismobile home from the Park prior tothe expiration of this LotRental
Agreement shall result in the acceleration of all payrnents due hereunder for the
balance of the current term. All such payments shall thereafter be due and payable
immediately.
E. CONDEMNATION.
Condemnation of the space which isthe subject of this Agreement or of allor a
substantial portion of Tamarack East Mobile Home Park shall be sufficient grounds
for the unilateral termination of this Agreement by Park Owner; however, insuch
event, Park Owner shall notify the Home Owner in writing as required by law. No
award for any partial orentire condemnation of the Park shall be apportioned, and
the Home Owner hereby renounces any interest in any award for any partial orentire
condemnation of the Park shall be apportioned, and the Home Owner hereby
renounces any interest in any award resulting from acondemnation of allor part of
the real property, improvements and business at Tamarack East Mobile Home Park,
Park Owner renounces any interest in any relocation award or personal property
compensation made to the Home Owner inconnection with the condemnation or
forced relocation of the Home Owner's home and it's appurtenances by a
government body, unless the Home Owner makes a claim against Park Owner for a
relocation award or
property compensation in connection with the displacement.
F. RULES AND REGULATIONS.
The Home Owner agrees to abide by and confirm to all applicable Rules and Regulations
adopted by Park Owner and implemented in compliance with state law. THE HOME
OWNER ACKNOWLEDGES THAT HE HAS READ, UNDERSTANDS, AND AGREES TO ABIDE BY
THE RULES AND REGULATIONS PRIOR TO SIGNING THIS AGREEMENT. Park Owner may, at
its discretionand inconformity with the law, amend the Rules and Regulations from time
to time but shall specify the date if implementation ofeach such amendment, which date
shall not be less than ninety (90) days after written notice to allaffected residents in the
Tamarack East Mobile Home Park and to the board of directors of the Horne Owners'
Association, or such shorter period as may be allowed by law.
G. DAMAGE OF HOME.
If theHome Owner's home or other improvement isdestroyed or so damaged by fire
orother cause asto be wholly or partially unfit for occupancy or use, the Home Owner
shall continue to rnake allpayments called for by the terms of the Agreement.
However, the Home Owner shall make the home or other improvements fitfor
occupancy or use and make itconform to the Rules and Regulations, or replace it,
within sixty (60) days of such destruction or damage. If the home or other
improvements is destroyed or irreparably damaged, then it shall be removed
promptly by the Home Owner at his or her own expense. If theHome Owner fails to
so remove it,Park Owner may, with notice, remove itand charge the Home Owner
for the cost, which sum shall be due and payable immediately.
H. FIXTURES.
All structures, including fences, embedded inthe ground, blacktop or concrete, shall
be maintained in good repair and attractive condition by the Home Owner. Ifsuch
items are damaged or removed by the Home Owner, then the Home Owner shall
repair any damage caused as a result.
I. ATTORNEYS FEES AND COURT COST
Should either Park Owner or the Home Owner be required to employ counsel to
enforce the terms, conditions, or covenants of this Agreement, the prevailing party
shall recover all reasonable attorney's fees and court costs incurred.
J. SUCCESSORS TO PARK OWNER
If Park Owner should sell its property at Tamarack East Mobile Home Park and assign
its rights and obligations under this Agreement to the new park owner, the Home
Owner shall honor such an
assignment by recognizing the new park owner inPark
Owner's place and by releasing Park Owner from allfurther obligations or liability
under this Agreement, including any governmentally mandated changes or
improvements, or new specifications made applicable to the Park. The Home Owner
shall and herby does subordinate the
its interests, to extent any interests exist under
this Agreement, to Park Owner's successors and to lenders who may be granted a
security interest in Park Owner's property. The Home Owner empowers Park Owner
and its successors as attorney-in-fact to execute all instruments necessary to
accomplish such subordination.
K. ASSIGNEMENT AND SUBLETTING.
The Home Owner shall not assign this Lot Rental Agreement or any interesttherein,
and shall notsublet the leased premises to occupy or use the leased premises without
the specific written consent of Park Owner. Any assignment or subletting without
Park Owner's consent shall be void, and shall constitute a default by Home owner
under this Lot Rental Agreement.
L. SUCCESSORS TO THE HOME OWNER
Upon Park Owner's prior approval of the buyer, which approval shall not be
unreasonably withheld, the balance of the term of this Agreement may be assumed
by a person who purchases the Home Owner's home if thecondition of the home
complies with the Park's Rules and Regulations. At the end of the assumed term, the
buyer will be offered a new agreement at the ratesand on the terms then established
for new residents. Home Owner is responsible for delivering to the buyer Home
Owner's Prospectus, residency agreement, and rules and regulations. Occupancy of
the buyer shall not be deemed to have commenced until delivery of the lotrental
agreement, prospectus, current rules and regulations, and current notices of increase
in lotrental amount and rules and regulations to the buyer by the selleror, in the
event the seller fails to
do so, by the Park Owner.
M. STATUTORY PROVISIONS
The relationship between the Home Owner and Park Owner shallbe subject to the
terms of Chapter 723, Florida Statutes
N. WAIVER
14:
The waiver by either party of any default of the other party or the acceptance by Park
Owner of payment with knowledge of any default of any term, covenant or condition
of this Agreement shall be deemed to be a waiver of any subsequent or further breach
of any term, covenant or condition of thisAgreement. The failure by either party to
take any action is respect to any default of any term, covenant or condition shall not
be deemed to be a waiver of such default or any other or further default(s) and the
parties reserve the right to pursue their remedies in fullat any time.
O. SAVINGS CLAUSE
Each provision of this Agreement is separate and distinct and individually
enforceable. In the event any provision isdeclared to be unlawful, the enforceability
of all theother provisions shall not be affected.
P. EVICTION
The Park Owner may evict a Home Owner or a mobile home on one or more of the
grounds set forth in Section723.061, Florida Statutes
Q. MISCELLANEOUS
1. The Home Owner shall promptly execute and comply with allstatutes,
ordinances, rules,order, regulations, and requirements of the Federal, State,
and County Governrnents and of any and all theirDepartments and Bureaus
applicable to said Premises, for the correction, prevention and abatement of
nuisances or other grievances, in, upon, or, connected with said Premises
during said term.
2. The prompt payment of the lot rental amount for the premises upon the
dates named, and the faithful observance of the Rules and Regulations
attached hereto and made a part of this lotrental agreement, and of such
other and further Rules and Regulations as may be hereafter made by the
Park Owner, are the conditions upon which the Lot Rental Agreement is made
and accepted. Resident agrees that as a condition of this Lot Rental
Agreement, the Park has a lienagainst Resident's home as set forth in Section
713.77, Florida Statutes, as may hereafter be amended, and that lien may be
Vt-t
perfected by Park Owner's securing possession of the home.
3. It isexpressly agreed and understood by and between the parties tothis Lot
Rental Agreement, that the Park Owner shall not be liablefor any damages
or injury by water, or by defect or failureby any concrete structure, which
may be sustained by the Homer Owner or other persons or for any other
damage or injury resulting frorn the carelessness, negligence, or improper
conduct on the part of any other home owner or agents, or employees, or by
reason of the breakage, leakage, or obstruction of the water, sewer or soil
Preview
Filing # 134782169 E-Filed 09/17/2021 10:22:33 AM IN THE COUNTY COURT IN AND FOR ORANGE COUNTY, FLORIDA LAKESHORE TAMARACK, LLC d/b/a TAMARACK EAST MOBILE HOME PARK, Plaintiff, Case No. Landlord/Tenant v. Civil Division ANYELO LEONARDO CABRERA, AND ALL UNKNOWN/UNAUTHORIZED OCCUPANTS, Defendants. COMPLMNT FOR EVICTION Plaintiff, LAKESHORE TAMARACK, LLC, d/b/a TAMARACK EAST MOBILE HOME PARK, sues Defendants, ANYELO LEONARDO CABRERA, AND ALL UNKNOWN/UNAUTHORIZED OCCUPANTS, in the mobile home located at 7151 Honeycomb Street, Site #125, Orlando, Orange County, Florida, 32822 (the "subject mobile home), and alleges: 1. This is an action for eviction within the jurisdictional limits of this Court to evict a residential mobile home, mobile home tenants, and any other occupants from real property in Orange County, Florida, as authorized by Section 723.061, Florida Statutes. 2. Plaintiff owns and operates Tamarack East Mobile Home Park, a mobile home community located at 2312 S.Goldenrod Road, Orlando, Orange County, Florida, 32822 (the "Community"). 3. The residents of the Community own their mobile homes and lease their respective lots from Plaintiff. Accordingly, the landlord/tenant relationship existing between Plaintiff/Owner and its residents is governed by Chapter 723, Florida Statutes. 4. Defendant is the legal owner of a 1981 HOME Mobile Home with VIN No. 0361612P, located in the Community at 7151 Honeycomb Street, Site #125, Orlando, Orange County, Florida 32822. 5. Pursuant to a written Lot Rental Agreement, a copy of which is attached hereto as Exhibit "A", Owner as landlord, leased to Defendant, as tenant, Site #125, in the Community, and that lease has been renewed annually each year thereafter. 6. A written demand dated July 23, 2021, for the monies presently due and owing was given to the Defendant. See copy attached hereto as Exhibit B. 7- The nonpayment default has continued for more than five days after delivery of said written demand to Defendants. Plaintiff is therefore entitled to a judgment of eviction pursuant to section 723.061(1)(a), Florida Statutes, which provides: 723.061 Eviction; grounds, proceedings. (1) A mobile home park owner may evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home only on one or more of the following grounds: (1)(a) Nonpayment of lot rental amount. If a mobile home owner or tenant, whichever is responsible, fails to pay the lot rental amount when due and if the default continues for 5 days after delivery of a written demand by the mobile home park owner for payment of the lot rental amount, the park owner may terminate the tenancy. However, if the mobile home owner or tenant, whichever is responsible, pays the lot rental amount due, including any late charges, court costs, and attorney's fees, the court may, for good cause, deny the order of eviction. 8. Defendants have failed to pay all the past due lot rental amounts due by August 9, 2021, in the amount of $6,704.58. 9. The initial amount to be deposited in the Court Registry is 8,176.14, which is 2 the lot rental amount due at the date of filing this Complaint, including the $200.00 late fee for August and September 2021, and the lot rent and property tax pass through of $1,271.56, due for the months of August and September 2021. 10. The monthly accruing lot rental amount of $631.78, inclusive of the base lot rent in the amount of $625.00, the property tax pass through in the amount of $10.78 per month is the ongoing rent to be deposited in the Court Registry each month this action is pending. 11. If the amount outlined in paragraph 10 above is not deposited in the Court Registry by the 5th day of each month, a late fee in the amount of $75.0o per month will accrue, and an additional $50.00 if not deposited by 15th of the month. 12. All conditions precedent to Plaintiff bringing this action have occurred or been waived. 13. Plaintiff is entitled to summary procedure as set forth in Section 51.011, Florida Statutes. 14. Plaintiff has retained the law firm of Lutz, Bobo & Telfair, P.A. to represent it in this action and is obligated to pay its attorneys a reasonable fee for their services. 15. Pursuant to Section 723.068, Florida Statutes, and the written lease agreement, the prevailing party in this action is entitled to attorney's fees. WHEREFORE, Plaintiff requests judgment against Defendants allowing Plaintiff as Owner to take possession of said property; evicting Defendants and ordering the issuance of a writ of possession for the subject property, ordering the payment of all sums held in the 3 registry of the court and/or the amounts due under the lease agreement prior to eviction to Plaintiff; awarding attorney's fees and costs to Plaintiff; and, granting other relief as the court deems just and proper. Dated this 17th day of September 2021. /s/ Charles Lovings, III CHARLES LOVINGS, III (FBN 0122411) clovings@floridahousinglaw.com CAROL S. GRONDZIK (FBN 0156833) csgrondzik@floridahousinglaw.com rmsterling@floridahousinglaw.com Lutz, Bobo &Telfair, P.A. 2155 Delta Boulevard Suite 210-B Tallahassee, Florida 32303 (850) 521-0890 (850) 521-0891 (facsimile) Attorneys for Plaintiff 4 EXHIBIT "B" TAMARACK EAST MOBILE HOME PARK LOT RENTAL AGREEMENT This Lot Rental Agreement between TAMARACK EAST MOBILE HOME PARK (the "Park Owner) and Anyelo Cabrera (the "Home Owner) shall be effective on October 6,2020 and shall remain in effect until OCTOBER 31, 2020, unless terminated earlieras provided in thisAgreement. The purpose of this Agreement is to describe the unique relationship that exists between two property owners: the Park Owner and the entity which owns the real estate and common area improvements at Tamarack East Mobile Home Park, and the Home Owner, who owns a home located in the Park. This Lot Rental Agreement allows the Home Owner to use the space known as for the placement of hisor her home and allows the Home Ownerthe use of common area facilities at Tamarack East Mobile Home Park subject to lawfully established rules and regulations. Nothing in this Agreement gives the Home Owner a property interest inany part of the Park Owner's real estate, nothing in thisAgreement gives the Park Owner any property interest in the Home Owner's home. A. LOT RENTAL AMOUNT 1. BASE RENT: In consideration for the use of common area facilities andfor the use of a place to locate a home, the Home Owner shallpay to the Park Owner inadvance on the firstday of every month a base rent of$625.00 without any deduction or offset, Plus Property Tax Pass Through Charge of $1.0.38 for a totalamount due of $635.38 per month. 2. OTHER FEES AND CHARGES Home Owner may also be assessed the following fees and charges. Special Use Fees: a. Storage Fee $ 0.00 N/A b. Returned Check Charge $50.00. All checks not accepted and honored by the Banking Institutions on the firstdeposit will be charged a returned check fee. c. Late Payment Fee $75.00 AFTER THE 5TH DAY OF MONTH AND $50.00 AFTER THE 15TH DAY OF THE MONTH plus $0.00 Per Day that the rental amount remains past due eetniktive to the firstday of the month. (Applicable only in the event Resident is delinquent with a monthly rental payment. All rental payments shall be due on the first day of the month and shall be deemed to be past due if not paid by the fifthday of each month.) d. Garbage Disposal Charge —A garbage disposal charge of $N/A_ per nionth. e. Storm Drainage Charge — A storm drainage charge of$j\l/A per month. f. Lot Clean-Up Charge $65.00 (per man hour) In case of fire,wind or water damage to Residenf s property, or in the event that Resident's lotis not kept clean and free of trash or debris, Resident shall be responsible for any cost ofrepairs, removal of debris, and clean-up of lot. g. Lawn Maintenance fee, including mowing, edging, and trimming, in the amount of $50.00 for each required maintenance performed by the Park Owner due to the fact that Home Owner fails and/or refuses to do so. h. Grass Mowing Charge - $0.00 per season — residents responsibility i. Garbage Containment Fee ifirbecomes necessary for the Park Owner to place the Home Owners garbage in proper containers because home owner fails todo so, there will be an additional charge of $ 0.00 assessed to the Home Owner for each occurrence. j. Application Fee — A new resident application fee of $30.00 per application. This fee will be charged by the Park Owner as allowed by law in qualifying a prospective resident by the Park. lfthis fee isdetermined to be an entrance fee prohibited by Section 723.041, Florida Statues, it willbe refunded. k. Pet Fee — A pet fee of $N/A per pet per month. l. Pest Control Fee — A pest control fee of •$N/A per month. m. Skirting and/or Mobile Home Clean-up Fee A skirting area clean-up fee of $65.00 if Home Owner fails and/or refuses to keep the skirting area clean and free of debris or to keep the exterior of the mobile home clean. n. Special Services Fee —A special services fee of $65.00 per hour, but not less the $65.00 per service call,for any repair, maintenance, or service (other than those specifically and separately mentioned herein) that is performed by the Park, but which isthe responsibility of the Home Owner. o. Entrance Fee - $N/A. An entrance fee isapplicable to any mobile home place in the Park. (This fee does not apply to the purchaser of a mobile home situated inthe Park which home is offered for sale by a resident of the Park, or toany existing home within the Park which home ismoved to a new location in the Park) p. Attorney's Fees $Actual Resident (as determined by the courts). Residents shall - pay for allreasonable attorney's fees incurred by the park as the result of any action taken by the park against the Resident to collect delinquent rent, enforce the rental agreement or the rules and regulations, whether suit is brought or not, and whether such fees are incurred before or at trialor on appeal. As to any such action brought to enforce the provisions of Chapter 723 Florida Statutes, inwhich action the Home Owner is prevailing part, the Home Owner shall be entitled to a reasonable attorney's fees as provided by Section 7823.068, Florida Statutes q. Large item Trash Removal Charge — a minimum of $Actual Resident. A garbage and/or trash "removal" fee for items which are not collected as part of the normal garbage or waste removal service provided in the Park (i.e. refrigerators, large appliances, etc.) if theHome Owner failand/or refuses to remove same. r. Vehicle Storage Fee - $ N/A s. Electric Entrance Gate Fee - $N/A Each (Applicable only in the event Resident require or desires additional entrance card(s) inaddition to the one (1) fee card supplied to Resident by the Park Owner.) t. Mail Box Fee - $N/A u. Speeding Fee - $50.00 v. Water Fee - $Actual Residents will be held financially responsible for damage to private or park property caused by their family or guests. w. Recycling Fee - Ski/A per month x. Damage to Property Fee - $Actual Residents willbe held financially responsible for damage to private or park property caused by their family or guests. y. Security Deposit $ 0.00 z. Upgrading of Home Fee $Actual per hour for all work necessary to be performed by Park Owner to bring a mobile home into the Park into conformance with Park rules and regulations Governmental and Utility Charges. These charges will be charged to the Home Owner(s) on a pro rata basis or on such other bases as may be implemented by the governmental authority imposing such charges. ("Pro rata basis" means that percentage derived by dividing the number of mobile horne spaces leased by aresident by the total number of occupied mobile home spaces in the Park.) The governmental and charges which utility may currently be charged to the Home Owner(s) are as follow: a. Water charges or increases in sarne for usage of water in common areas; b. Sewer charges or increases insame for usage of sewer service in common areas; c. Waste disposal charges or increases in same; d. "Taxes", which term includes ad valorem taxes and special or non-ad valorem assessments levied upon or assessed against the park by any unitof government. Ifthe method of property taxation prevailing on the delivery date of this Prospectus ischanged so that taxes now levied or assessed on Park property are replaced partially or completely by a tax levied or assess upon the Park Owner as a capital levy orotherwise or on or measured by lot rental amounts received by the Park Owner for the Park, orby any assessment other than any ad valorem tax, then such new or altered taxes shallbe deemed included within the definition of "taxes", e. "Pass-through charges" including the necessary and actual direct costs and irnpact or hook- up fees for a governmentally mandated capital improvement, which may include the necessary and actual direct costs and impact or hook-up fees incurred for capital improvements required for public or private regulated utilities. f. Expenses created and charged to the Park Owner by any State or local governmental entity or utility company, including annual filing fee(s)and the Prospectus filing fee(s)as isrequired by Chapter 723, Florida Statutes, and any other non-ad valorem assessments; g. Special assessments or charges by any state or local government entity or utilitycompany; h. Replacement utiHty charges charged to the Park Owner or to the Homeowners lot by any state or local governmental entity or utilitycompany for service of a type or nature not available on the delivery date of this Prospectus in replacement or substitution, inwhole or inpart, of any utilityor other service that is provided or isavailable to Park Home Owners on the delivery date; i. New utility charges charged the Park Owner by any State or local governmental entity or utility company that become available for the beneficial use and enjoyment of the Park residents after the delivery date of this Prospectus; j. Any presently unknown governmental or utility charges,as defined above, which are charged to the Park Owner inthe future by any State, local government or utilitycompany may be charged to Home Owner(s) in accordance with law. k. Non-ad valorem assessments. I. Costs (including interest the Park Owner by said State or local governmental entity or company. The Park Owner utility may recapture these types of costs by charging a lump sum assessment to the Home Owner, at the end of the term of the Park's yearly Lot Rental Agreement (Lease), which, for thisPark, terminates on October of 31.st each year. These types of charges shall be charged to Home Owner(s) after providing a least ninety (90) days advance written notice to the Home Owner(s) on a pro rata basis as defined above and shall be limited to the amount of the increased costs or charges incurred by the Park Owner and any maintenance and administrative costs as permitted by Section 723.045, Florida Statutes, if applicable. Certain of the above mentioned government and utilitycharges and costs which are billedby either the State or localgovernmental entities or utilitycompanies may be charged to the 1,1140; Home Owners after providing notice as required by Chapter 723, Florida Statutes, to all Home Owners at any time during the lease term. The amount of an increase in these charges shall be limited to the increased costsor charges billed to the Park Owner by the State or local governmental agency or utilitycompany plus any maintenance and administrative costs relating to same as ispermitted by Section 723.045, Florida Statutes. For purpose of this prospectus, garbage collection isconsidered a utility. In addition to paying the above listedpayments when due, the Home Owner is also required to pay, upon written notice as prescribed by Chapter 723, FloridaStatutes, a pro rate portion of all ad valorem and non-ad valorem assessments and any other governmental and utility nia limited fees charged by the Florida charges (including but not to filing fees andannual Division of Land Sales Condominiums and Mobile Homes) and a pro rate portion of increases in property taxes, and the costs of insurance, and services including waste utilities, disposal paid by the Park Owner. In those instances where the utilitiesor any of them are owned or operated by the Park Owner, there shall be included in the determination of utilitycost increases all related out-of-pocket costs including, without limitation, the cost of maintaining or operating the utilityplant, repairs, capital improvements, and meeting governmental requirements. The Home Owner will also be required to pay, over a reasonable period of time to be established by the Park Owner, a pro rata portion of the costs of capital improvements or alterations required by a government agency and a pro rata portion of the costs and fees associated with hooking up to a private or public utility company if the Park Owner as a result of actions taken (including interest based on Park Owner's then cost of borrowing) incurred by the Park Owner as a resultof actions taken by State or local governmental entities or utility companies but not directly billedto the Park Owner by said State or local governmental entity or utilitycompany. The Park Owner may recapture these types of costs by charging lump sum assessment to the Home Owners, at the end of the term of this LotRental Agreement (Lease), which, for this park, terminates on October 31st of each year. These types of charges shall be charged to Home Owner(s) after providing advanced written notice as prescribed by Chapter 723 Florida Statutes, to the Home Owner(s) on a pro rata basis as defined above and shall be limited to the exact amount of the increased costs or charges incurred by the Park Owner and gtilk any maintenance and administrative costs as permitted by Section 723.045, Florida Statutes, if applicable. Toi the extent any such cost related to a "permanent improvemene in the context of Section 723.011(3), Florida Statutes, it willnot be charged to any home owner whose lot rental agreement was inexistence on June 4, 1984, or who assumed a lotrental agreement inexistence on June 4, 1984. The provisions of this Paragraph A shall apply to all renewals of the Lot Rental Agreement pursuant to the Provisions of Paragraph B hereof. B. RENEWAL. Upon the expiration of the annual term of this Lot Rental Agreement, Home Owner shall be offered a new Lot Rental Agreement for a term not to exceed 12 months and subject to increases in lot rental amount or other charges based on the market rate, or based on increases otherwise determined as set forth inthe prospectus delivered to Home Owner, provided that Home Owner has not breached any of the terms, covenants, or conditions of this Residency Agreement, the prospectus, the Rules and Regulations or Chapter 723, Florida Statutes. The Park Owner may also offer Home Owner other Residency Agreements with terms and conditions different than those set forth above. C. SERVICES PROVIDED BY THE PARK OWNER. At the time of execution of this Lot Rental Agreement, the following services are provided by the Park Owner as part of the lot rental amount: maintenance of the Park's common areas and use of the Park facilities, water,sewer, and electric power for the street lights and common facilities (butnot to •each individual mobile home in the Park), waste disposal, and storm drainage. D. TERMINATION. Park Owner may terminate this Agreement upon the Home Owner's failure to comply with Agreement or the Rules and Regulations, subject to the termination provisions of Chapter 723, Florida Statutes. This Agreement may be terminated only as permitted by applicable Florida Law. Home Owner's removal or notification of his intent to move hismobile home from the Park prior tothe expiration of this LotRental Agreement shall result in the acceleration of all payrnents due hereunder for the balance of the current term. All such payments shall thereafter be due and payable immediately. E. CONDEMNATION. Condemnation of the space which isthe subject of this Agreement or of allor a substantial portion of Tamarack East Mobile Home Park shall be sufficient grounds for the unilateral termination of this Agreement by Park Owner; however, insuch event, Park Owner shall notify the Home Owner in writing as required by law. No award for any partial orentire condemnation of the Park shall be apportioned, and the Home Owner hereby renounces any interest in any award for any partial orentire condemnation of the Park shall be apportioned, and the Home Owner hereby renounces any interest in any award resulting from acondemnation of allor part of the real property, improvements and business at Tamarack East Mobile Home Park, Park Owner renounces any interest in any relocation award or personal property compensation made to the Home Owner inconnection with the condemnation or forced relocation of the Home Owner's home and it's appurtenances by a government body, unless the Home Owner makes a claim against Park Owner for a relocation award or property compensation in connection with the displacement. F. RULES AND REGULATIONS. The Home Owner agrees to abide by and confirm to all applicable Rules and Regulations adopted by Park Owner and implemented in compliance with state law. THE HOME OWNER ACKNOWLEDGES THAT HE HAS READ, UNDERSTANDS, AND AGREES TO ABIDE BY THE RULES AND REGULATIONS PRIOR TO SIGNING THIS AGREEMENT. Park Owner may, at its discretionand inconformity with the law, amend the Rules and Regulations from time to time but shall specify the date if implementation ofeach such amendment, which date shall not be less than ninety (90) days after written notice to allaffected residents in the Tamarack East Mobile Home Park and to the board of directors of the Horne Owners' Association, or such shorter period as may be allowed by law. G. DAMAGE OF HOME. If theHome Owner's home or other improvement isdestroyed or so damaged by fire orother cause asto be wholly or partially unfit for occupancy or use, the Home Owner shall continue to rnake allpayments called for by the terms of the Agreement. However, the Home Owner shall make the home or other improvements fitfor occupancy or use and make itconform to the Rules and Regulations, or replace it, within sixty (60) days of such destruction or damage. If the home or other improvements is destroyed or irreparably damaged, then it shall be removed promptly by the Home Owner at his or her own expense. If theHome Owner fails to so remove it,Park Owner may, with notice, remove itand charge the Home Owner for the cost, which sum shall be due and payable immediately. H. FIXTURES. All structures, including fences, embedded inthe ground, blacktop or concrete, shall be maintained in good repair and attractive condition by the Home Owner. Ifsuch items are damaged or removed by the Home Owner, then the Home Owner shall repair any damage caused as a result. I. ATTORNEYS FEES AND COURT COST Should either Park Owner or the Home Owner be required to employ counsel to enforce the terms, conditions, or covenants of this Agreement, the prevailing party shall recover all reasonable attorney's fees and court costs incurred. J. SUCCESSORS TO PARK OWNER If Park Owner should sell its property at Tamarack East Mobile Home Park and assign its rights and obligations under this Agreement to the new park owner, the Home Owner shall honor such an assignment by recognizing the new park owner inPark Owner's place and by releasing Park Owner from allfurther obligations or liability under this Agreement, including any governmentally mandated changes or improvements, or new specifications made applicable to the Park. The Home Owner shall and herby does subordinate the its interests, to extent any interests exist under this Agreement, to Park Owner's successors and to lenders who may be granted a security interest in Park Owner's property. The Home Owner empowers Park Owner and its successors as attorney-in-fact to execute all instruments necessary to accomplish such subordination. K. ASSIGNEMENT AND SUBLETTING. The Home Owner shall not assign this Lot Rental Agreement or any interesttherein, and shall notsublet the leased premises to occupy or use the leased premises without the specific written consent of Park Owner. Any assignment or subletting without Park Owner's consent shall be void, and shall constitute a default by Home owner under this Lot Rental Agreement. L. SUCCESSORS TO THE HOME OWNER Upon Park Owner's prior approval of the buyer, which approval shall not be unreasonably withheld, the balance of the term of this Agreement may be assumed by a person who purchases the Home Owner's home if thecondition of the home complies with the Park's Rules and Regulations. At the end of the assumed term, the buyer will be offered a new agreement at the ratesand on the terms then established for new residents. Home Owner is responsible for delivering to the buyer Home Owner's Prospectus, residency agreement, and rules and regulations. Occupancy of the buyer shall not be deemed to have commenced until delivery of the lotrental agreement, prospectus, current rules and regulations, and current notices of increase in lotrental amount and rules and regulations to the buyer by the selleror, in the event the seller fails to do so, by the Park Owner. M. STATUTORY PROVISIONS The relationship between the Home Owner and Park Owner shallbe subject to the terms of Chapter 723, Florida Statutes N. WAIVER 14: The waiver by either party of any default of the other party or the acceptance by Park Owner of payment with knowledge of any default of any term, covenant or condition of this Agreement shall be deemed to be a waiver of any subsequent or further breach of any term, covenant or condition of thisAgreement. The failure by either party to take any action is respect to any default of any term, covenant or condition shall not be deemed to be a waiver of such default or any other or further default(s) and the parties reserve the right to pursue their remedies in fullat any time. O. SAVINGS CLAUSE Each provision of this Agreement is separate and distinct and individually enforceable. In the event any provision isdeclared to be unlawful, the enforceability of all theother provisions shall not be affected. P. EVICTION The Park Owner may evict a Home Owner or a mobile home on one or more of the grounds set forth in Section723.061, Florida Statutes Q. MISCELLANEOUS 1. The Home Owner shall promptly execute and comply with allstatutes, ordinances, rules,order, regulations, and requirements of the Federal, State, and County Governrnents and of any and all theirDepartments and Bureaus applicable to said Premises, for the correction, prevention and abatement of nuisances or other grievances, in, upon, or, connected with said Premises during said term. 2. The prompt payment of the lot rental amount for the premises upon the dates named, and the faithful observance of the Rules and Regulations attached hereto and made a part of this lotrental agreement, and of such other and further Rules and Regulations as may be hereafter made by the Park Owner, are the conditions upon which the Lot Rental Agreement is made and accepted. Resident agrees that as a condition of this Lot Rental Agreement, the Park has a lienagainst Resident's home as set forth in Section 713.77, Florida Statutes, as may hereafter be amended, and that lien may be Vt-t perfected by Park Owner's securing possession of the home. 3. It isexpressly agreed and understood by and between the parties tothis Lot Rental Agreement, that the Park Owner shall not be liablefor any damages or injury by water, or by defect or failureby any concrete structure, which may be sustained by the Homer Owner or other persons or for any other damage or injury resulting frorn the carelessness, negligence, or improper conduct on the part of any other home owner or agents, or employees, or by reason of the breakage, leakage, or obstruction of the water, sewer or soil