Document for ORCHARD GLEN LLC vs. WALENTIK, JOHN

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                                Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

IN THE WAYNE COUNTY MUNICIPAL COURT
ORRVILLE BRANCH
WAYNE COUNTY, OHIO

ORCHARD GLEN, LLC
229 HUBER VILLAGE BLVD, SUITE 100
WESTERVILLE, OHIO 43081

PLAINTIFF

VS.

JOHN WALENTIK
1315 GRACE LANE
ORRVILLE, OHIO 44667

PAMELA WALENTIK
1315 GRACE LANE
ORRVILLE, OHIO 44667

AND
JOHN D. WALENTIK

1315 GRACE LANE

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ORRVILLE, OHIO 44667 )
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DEFENDANTS

201d CVG O1S@S
CASE NO.

JUDGE Minn iO an

COMPLAINT FOR FORCIBLE
ENTRY AND DETAINER AND
MONETARY DAMAGES

Now comes the Plaintiff, Orchard Glen, LLC, by and through its counsel,

Laribee & Hertrick, LLP, and for its claims against Defendants, John Walentik, Pamela

Walentik and John D. Walentik, alleges and avers as follows:

First Claim

I. Plaintiff is the owner of certain residential rental property located at

1315 Grace Lane, Orrville, Ohio 44667, situated in the County of Wayne, State of Ohio.Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

2. Defendants entered into possession of the subject rental property on
November 1, 2013, under a written lease agreement, a true copy of which is attached
hereto as Exhibit “A” and is incorporated herein fully by reference.

3. Under the terms of the lease agreement, the Defendants were to pay to
Plaintiff a monthly rental payment of Six Hundred Thirty and No/100 Dollars ($630.00)
on or before the first day of each month, plus a late fee of $20.00 if rent is not paid by the
5" day of the month, plus $2.00 per day thereafter until] payment is received up to a
maximum of $50.00 in late fees per month.

4. On August 21, 2014, there was due and owing to Plaintiff from
Defendants rental payment for the month of August 2014, plus late fees.

Ss. On August 21, 2014, Plaintiff delivered to Defendants at the rental
property an Eviction Notice (Notice To Leave The Premises) directing Defendants to
vacate the subject premises on or before August 29, 2014. A copy of such Notice is
attached hereto as Exhibit “B" and incorporated herein as if fully rewritten.

6. Defendants, though properly notified to leave the premises according
to law, have failed to comply with such demand; Defendants are presently unlawfully
possessing the Plaintiff's property.

7. Plaintiff says a writ of restitution should be granted ordering return of
the subject premises to it.

Second Claim
8. Plaintiff, for its Second Claim, fully incorporates the statements and

allegations of its First Claim herein by reference and further says that Defendants oweFiled on 09/03/2014 at 03:00 PM in Wayne County, Ohio

rent for the month of August 2014 in the amount of Six Hundred Thirty and No/100
Dollars ($630.00), plus a per diem rate of Twenty and 71/100 Dollars ($20.71) after
August 31, 2014 for the remainder of the lease term or until Plaintiff is reasonably able to
re-let the subject premises, whichever occurs first.

9. Plaintiff further alleges that Defendants owe to Plaintiff late fees and
the cost of any unpaid utilities they consume until they vacate the property in an amount
to be calculated at the time of trial.

10. Plaintiff further says that Defendants owe any costs to repair the rental
premises beyond normal wear and tear and in excess of the Defendants’ security deposit
in an amount to be calculated at the time of trial. In the event Defendants have
intentionally defaced portions of the subject property in violation of Ohio Revised Code
§5321.05(B), Defendants would owe to Plaintiff reimbursement for its reasonable
attorney fees pursuant to Ohio Revised Code §5321.05(C).

WHEREFORE, Plaintiff, Orchard Glen, LLC, demands:

1. Writ of restitution be issued by this Court on its First Claim restoring the rental
premises to it; and

2. Judgment against Defendants, John Walentik, Pamela Walentik and John D.
Walentik, jointly and severally, for delinquent rental payments for the month of
August 2014 in the amount of Six Hundred Thirty and No/100 Dollars ($630.00),
plus a per diem rate of Twenty and 71/100 Dollars ($20.71) after August 31, 2014,
until Defendants vacate the premises, plus the cost of utilities Defendants

consume until they vacate the property, plus late fees, plus an amount for damagesFiled on 09/03/2014 at 03:00 PM in Wayne County, Ohio

to the subject property in an amount to be calculated at the time of trial, plus

interest at the legal rate until paid in full; and,

3. Judgment against Defendants, jointly and severally, for its costs and attorney fees

incurred herein pursuant to Ohio Revised Code §5321.05(C); and,

4. For such further relief this Court deems just and proper.

Respectfully Submitted,

   
  
  

LARIBEE & HERTRICK, LLP

GC
-lheke I,
Michael L. Darbet-#0066629
Attorneys for Plaintiff
Orchard Glen, LLC

325 North Broadway Street
Medina, OH 44256

(330) 725-0531

(330) 725-0666 fax
mli@laribee-hertrick.com

  

By:

   

 

  

NOTICE REQUIRED BY THE
FAIR DEBT COLLECTION
PRACTICES ACT, (the Act),

15 U.S.C. Section 1601 As Amended

1, The amount of the debt is stated in Paragraphs 8, 9 and 10 of the

Complaint attached hereto.

2. The Plaintiff, Orchard Glen, LLC, as named in the attached

Summons and Complaint, is the creditor to whom the debt is owed.

3. The debt described in the Complaint attached hereto will be

assumed to be valid by the creditor's law firm unless the debtors, within thirty (30)Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

days after the receipt of this notice, dispute the validity of this debt or some
portion thereof.

4, If the debtors notify the creditor's law firm within thirty (30) days
of the reccipt of this notice that the debt or any portion thereof is disputed, the
creditor's law firm will obtain a verification of the debt and a copy of the
verification will be mailed to the debtor by the creditor's law firm. No judgment
will be taken upon said debt during this thirty-day period.

Written requests should be addressed to Laribee & Hertrick, LLP, Attention
Michael L. Laribee, Attorney at Law, 325 North Broadway Street, Medina, Ohio
44256.

5, THIS COMPLAINT IS AN ATTEMPT TO COLLECT A

DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR

THAT PURPOSE.Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Lease Agreement
Orchard Glen, LLC

1, PARTIES. This Lease Agreement (the “Lease”), is entered into this 1st day of
November 2013 between the following parties:

“Resident”: — John Walentik
Pamela Walentik
John D Walentik
1315 Grace Lane
Orrville, Ohio 44667

“Landlord”: Orchard Glen, LLC
1304 Grace Lane
Orrville, Ohio 44667

All persons signing this Lease are jointly and severally liable for all conditions
stated herein.

2. COMMUNITY DESCRIPTION. Landlord hereby rents to Resident, and
Resident rents from Landlord, at the Community located at 1304 Grace Lane, Orrville, Ohio,
44667, described as Unit No.1315 in the Community known as Orchard Glen, (the
“Community”), to be used by Resident only as Resident’s private residence.

3. LENGTH OF TIME (TERM). This Lease shall begin on the 1st day of November
2013, and shall terminate on the 31th day of October, 2014. Thereafter, Landlord may offer
a new lease if the resident remains eligible or require Resident to vacate the premises.

4. OCCUPANCY. Resident agrees that the unit will be occupied by no more than 3
individuals. The following individuals wil] be occupying the rental unit:

Name Age Relationship Gender
John Walentik Head Male
Pamela Walentik Wife Female
John Walentik Son Male

 

Any additional individuals occupying the unit is prohibited unless written consent
has been obtained from the Landlord.

5. RENT. Resident shall pay as rental for the premises the sum of $ 7560.00

In 12 monthly installments of $630.00 per month (the “Rent”). This Rent is due + ytAF
on or before the first day of the month, payable by check or money order (not cash) Tnitial

EXHIBIT # EX OSes
C:\Documents and Settingstorchard glen WODAGROUPWDesktop\tenents\ | A box Qi

Page | of 9Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Revised 8/6/2009

Lease Agreement
Orchard Glen, LLC

To Orchard Glen, LLC. Unless otherwise specified in writing by the Resident, payments
received shall be applied in the following order; delinquent rent, delinquent late

fees, current rent, current late fees and damages. Resident agrees to pay

$630.00 for the first (partial) month ending on November 30, 2013

 

6. CHARGES FOR LATE PAYMENTS AND RETURNED CHECKS. If the
Resident does not pay the monthly amount of the rent as required by this Lease by nitial
5:00 p.m. on the 5" day of the month, the Landlord may collect a late fee of $20.00 on the/R
6" day of the month and $2.00 per day thereafter until the date the payment is received,

up to a maximum of $50,00 per month.

Landlord reserves the right to terminate this Lease for delinquent rent after the sh
of the month, which is a default herein. Landlord may terminate this Lease for non-
payment of rent, as explained in this Lease, even though the Landlord may have, in prior
months, chosen to collect the late fee instead of terminating the Lease. In addition, the
Landlord may collect an additional fee of $30 if a check is not honored for payment. The
charges discussed in this paragraph are in addition to the regular monthly rent payable by
the Resident. An NSF must be made up in the form of cashier’s check or money order
only.

7. CONDITION OF THE DWELLING UNIT. By executing this Lease, the
Resident acknowledges that the unit is safe, clean and in good condition. The Resident

agrees that all appliances and equipment in the unit are in good working order. The
Resident also agrees that the Landlord has made no promises to decorate, alter, repair or
improve the unit, except as listed on the Unit Inspection Report.

8. CHARGES FOR UTILITIES AND SERVICES. The following chart lists those
utilities for which the Resident and Landlord are responsible for payment. Payment
should be made directly to the appropriate utility company.

a) Gas Wa

b) Electricity tenant
¢) Water tenant
d) Telephone tenant
e) Sewer tenant
f) Trash tenant

If Resident fails to pay any of the above-listed utility bills in a timely manner, the
Landlord may terminate this Lease

Page 2 of 9Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Revised 8/6/2009
Lease Agreement
Orchard Glen, LLC
9. SECURITY DEPOSIT. A security deposit is required. This is equal to a“
$600.00 Landlord will hold this security deposit, without interest, for the period niti:

that Resident occupies the unit. After Resident has moved from the unit, Landlord
will determine whether Resident is eligible for a refund of any or all of the
security deposit. Deposits will be refunded according to the following procedures:

a. Deposits will not be used towards the last month rent.

b. Upon Resident moving from the unit, Landlord will inspect the unit
and complete a Unit Inspection Report. Landlord will permit
Resident to participate in the inspection, if Resident so desires.

c Landlord will refund the Resident the amount of the security deposit,
less any amount needed to pay the cost of the following items in the
following order.

{i.) damages listed on the Unit Inspection Report which are not
due to normal wear and tear, including carpet cleaning;

(ii) charges for late payment of rent and retumed checks as
described in this Lease;

(iii) charges for keys not returned and changing of the locks, as
described in this Lease;

(iv.) rent lost for the month following Resident’s moving out due
to Resident’s failure to give the calendar month’s written
notice of intent to move as required by this Lease;

(v.) unpaid rent.

Landlord shall forward by mail the refund with regard to the Security Deposit in the amount
computed within the designated time in the Landlord/Tenant Law after this Lease has terminated,
provided that Resident has given a written forwarding address to Landlord in sufficient time for
Landlord to comply with this provision. Landlord will give Resident a written list of the charges that
were deducted from the deposit. If a forwarding address is not provided in a timely manner,
Landlord will still return the refund and the list of deductions at such future time when Resident
requests them, either in writing or in person at Landlord’s office. If Resident disputes the amount
deducted and asks to meet with Landlord, Landlord shall meet with Resident to discuss the disputed
charges. Resident must make the request within 10 days of receiving notice of the charges;
thereafter, Landlord’s computation shall be conclusive.

Page 3 of 9Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Revised 8/6/2009

Lease Agreement
Orchard Glen, LLC

10. KEYS AND LOCKS. Resident agrees not to install additional or different locks
or gates on any doors or windows of the unit without the written permission of Landlord.
If Landlord approves Resident’s request to install such locks, Resident agrees to provide
Landlord with a key for each lock. Resident shall return all rental unit and mailbox keys
to Landlord when moving out. There will be a $3 charge for each key not returned, or to
replace a key if lost. If keys are not returned there will be a $20 (per door) lock change
charge and a $15 mailbox lock change charge.

11 DAMAGES. Whenever damage is caused by carelessness, misuse, neglect, or
intentional act of the Resident, their family or visitors, Resident agrees to pay:

a. the cost of all repairs within 15 days after receipt of Landlord’s demand
for payment, and
b. rent for the period the unit is damaged whether or not unit is habitable.

12. RESTRICTIONS OR ALTERATIONS. Resident agrees not to do any of the
following within the unit without first obtaining Landlord’s written permission:

a. change or remove any part of the appliances, fixtures or equipment in the unit;
b. paint or install wall paper or contact paper in the unit;
¢. attach awnings or window guards in the unit;

d. attach or place any fixture, signs or fences on the building, the
common areas or the Community grounds;

e. install satellites dishes on the property in any way without an approved and
signed satellite dish addendum;

f. attach any shelves, screen doors, or other permanent improvements in the
unit;

g. install washing machines, dryers (unless the unit is already equipped for
them), fans, freezers, heaters or air conditioners; or

h. place any aerials, antennas, or other electrical connections on the building.

Page 4 of 9Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Revised 8/6/2009

Lease Agreement
Orchard Glen, LLC

13. GENERAL RESTRICTIONS, Resident must live in the unit and the unit must be
Resident’s sole place of residence. Resident shall use the premises only as a private
dwelling for himself/herself and the individuals named in this Lease Agreement.
Resident agrees to not permit other individuals to reside in the unit unless obtaining the
prior written approval of Landlord. Resident agrees not to:

a. sublet or assign the unit or any part of the unit;
b. use the unit for any unlawful purpose;

c use the rental unit for an office, a daycare or a home based business,

d. engage in or permit unlawful activities in the unit, in the common
areas or on the community grounds;

e. have pets of any kind except those animals, deemed by a physician, as
being necessary to achieve normal function of a household member such
as a seeing eye dog, hearing assist animal, or emotional support animal; or
unless the community has a pet policy and an approved pet policy has
been signed and the pet fee has been paid.

f. make or permit noises or acts that will disturb the rights or
comforts of neighbors. Resident agrees to keep the volume of any
radio, phonograph, stereo, television or musical instrument at a4
level which will not disturb neighbors. ON Ww
14. STUDENTS. Resident acknowledges that the Landlord is operating the Community
pursuant to the rules and regulations of Section 42 of the Internal Revenue Code, the tial

Federal Low Income Housing Tax Credit program (the “Program”). The Program provides

for specific qualification restrictions with respect to occupancy of Program units by full-time
students. Resident acknowledges that qualification to remain as a Resident is at all times
dependent upon the household meeting all student status requirements. Should Resident fail

to meet all student status requirements, Resident(s) will be deemed an unqualified Resident(s) and
will be subject to immediate eviction. Resident(s) agrees to notify Landlord immediately of

any change in student status by any member of the household.

15. RULES. Resident agrees to obey the Rules and Regulations, which are attached

to this Lease as Exhibit “A”. Resident agrees to obey additional rules which may be
established by the Landlord from time to time after the effective date of this Lease.

Page 5 of 9Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Revised 8/6/2009

Resident will receive written notice of any new rule at least 30 days in advance of the

rule being enforced.
Lease Agreement
Orchard Glen, LLC

16. ANNUAL CERTIFICATION OF INCOME AND HOUSEHOLD SIZE. In yf Cas
order for the Community to properly comply with Section 42 and other program Initial
requirements, the income of each applicant applying for residency must be certified

initially and annually. Therefore, on an annual basis, prior to the anniversary of the

Lease execution, the Landlord will request that Resident report the number of persons in

Resident's unit, the total household income and the source of all income and to supply

any other information as required to be obtained by the Landlord according to Program

rules and regulations. Resident agrees to provide accurate statements of this information

and to do so by the date specified in Landlord’s request. This report shall be in writing

and signed by Resident and shall be accompanied by such supporting documents as

Landlord may request. Failure to timely report, or the submission of a false report, shall

be grounds for immediate eviction.

17. ACCESS BY LANDLORD. The Landlord agrees to enter the unit only during
reasonable hours, to provide reasonable advance notice of their intent to enter the unit,
except in emergency situations, or except under paragraph (c) below.

 

a. The Resident agrees to permit the Landiord, his/her agents or other
persons, when authorized by the Landlord, to enter the unit for the
purpose of making reasonable repairs and periodic inspections,
including State and Federal Program required inspections.

b. After the Resident has given notice of intent to move, the Resident
agrees to permit the Landlord to show the unit to prospective
Residents during reasonable hours.

c. If the Resident moves before this Lease ends, the Landlord may
enter the unit to decorate, remodel, alter or otherwise prepare the
unit for re-occupancy.

d. After a twenty four (24) hour notice has been given, the Landlord

may enter the unit for monthly inspections of smoke alarm and unit
conditions.

Page 6 of 9Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Revised 8/6/2009

Lease Agreement
Orchard Glen, LLC

18. TERMINATION OF TENANCY. During the first six months of residency, if the lease is

terminated, the Resident will be charged a fee equal to the remaining balance of the first six
months of the lease agreement or no less than a fee equal to three month’s rent. After the first sir
months of residency the Resident may terminate this Lease by giving the Landlord one (1)
calendar months written notice before moving from the unit, If the Resident terminates the Leas
during the Lease Term, (as defined in Paragraph 3) Without a proper notice the Resident will be
held responsible for any balances on their account at the time of move out such as damages, rent,
late charges and broken lease fee equal to three months rent or remaining lease term. With prope
30 day notice, the Resident will be held responsible for any balances on their account at the time
of move out such as damages, rent late charges, and a broken lease fee equal to one month’s rent.
If the resident is given a rental concession at the time of move in, the Resident must fulfill the
initial lease term or the rental concession will be forfeited and the Resident back charged the full
amount of the rental concession upon move out. The Landlord may terminate this Lease if the
Resident violates any of the terms or conditions contained in this Lease, the Rules and Regulation
of any attachments to this Lease, including the Resident providing false or misleading informatio
on the income certifications attached as Exhibit “B”.

All termination notices must:

a.

eae

19,

Be in writing, at least one (1) calendar month prior to the date the Resident
will be required to move from the unit, Example- Resident gives notice on
May 15": ,the notice will be up on June 30".

Comply with time periods and procedures set forth in state and local law.
Specify the date this Lease will terminate.

State the grounds for termination.

Notwithstanding anything stated above, the Landlord may immediately
terminate the Lease in the case of monetary defaults, nonpayment of rents,
fees, and any other charges as specified in this Lease, and violation of the
Rules and Regulations.

HAZARDS AND INSURANCE. Resident shall not undertake, or permit their

family or guests to undertake, any hazardous acts or do anything that wil] increase the
Community’s insurance premiums. If the unit is damaged by fire, wind, or rain to the
extent that the unit cannot be lived in and the damage is not caused by Resident, Resident
will be responsible for rent only to the date of the destruction. Resident’s obligation to
pay rent will begin again when the unit has been repaired to a livable condition or
Resident has been moved to a livable replacement unit. The insurance referred to in this
paragraph does not cover Resident’s belongings. Residents are advised to obtain renter’s
insurance.

Page 7 of 9Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Revised 8/6/2009

20. LANDLORD’S AGENT. The Landlord’s Agent is authorized to act on behalf of
the Landlord in all matters pertaining to this Lease. Residents shall direct all
correspondence to the Landlord’s Agent at the following address:

Lease Agreement
Orchard Glen, LLC

Landlord’s Agent: | Woda Management & Real Estate, LLC

Agent Address: 229 Huber Village Blvd, Suite 100
Westerville, OH 43081
Phone: 614-396-3200

Landlord may from time to time change the Landlord’s Agent. This will not effect the
conditions, enforceability, or viability of this Lease.

21. CONTENTS OF THIS LEASE AGREEMENT. This Lease and the Attachments oF Gas
thereto contain the entire agreement between Resident and Landlord regarding the unit. Initial

If any Court declares a particular provision of this Lease to be invalid or illegal, all other

terms of this Lease will remain in effect and both the Landlord and the Resident will

continue to be bound by them. RESIDENT SHOULD NOT RELY ON ANY VERBAL

PROMISES MADE BY LANDLORD OR LANDLORD'S AGENT WHICH ARE
NOT MADE A PART OF THIS LEASE AGREEMENT.

22. ATTACHMENTS TO THIS LEASE AGREEMENT. Resident certifies that
he/she has received a copy of this Lease and a copy of the following Attachments:

Exhibit A: Single Family Contract of Care
Exhibit B: Smoke Alarm Addendum
Exhibit C: Health and Safety Addendum
Exhibit D: Student Disclosure

Exhibit E: Move in Inspection

Exhibit F: Rules and Regulations
Exhibit G: Personal Property Release
Exhibit H: Tenant Safety

Exhibit I: Environmental Review

(Signatures on next page]
[Remainder of page intentionally left blank]

Page 8 of 9Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Revised 8/6/2009

Lease Agreement
Orchard Glen, LLC

IN WITNESS WHEREOF, Landlord and Resident have executed this Lease the day and
year first above mentioned.

Resident:

O/B (TZ
esident

Simbd QO lUbbestik

boIG/r3
Resident

Cy 5. lolntih a

i/*/is
Resident

 

 
 

Date
Landlord:
Orchard Glen, LLC.
nN
By: \o 843
Name: Heather Campfield
Its:

Date
Agent for Owner

“In accordance with Federal law and U.S. Department of Agriculture policy, this institution is
prohibited from discrimination on the basis of race, color, national origin, sex, age or disability.
(Not all prohibited bases apply to all programs).”_To file a complaint of discrimination, write
USDA, Director. Office of Civil Rights, 1400 Independence Avenue, SW. Washington D.C.
20250-9410. or call (800) 795-3272 (voice) or (202) 720-6382 (DD).

 

Page 9 of 9Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Form EN 01 Rev. 04/1/07

EVICTION NOTICE
Woda Management & Real Estate, LLC

NOTICE TO LEAVE THE PREMISES
(FOR RESIDENTIAL COMMUNITY ONLY)

To: John Walentick (Resident) and Pamela Walentick & John D. Walentick (Co-
Resident) and all other occupants:

Please take notice that you are required on or before August 29'" 2014 to leave the premises you
now occupy, and which you have leased of situated and described as follows:

1315 Grace Lane
Orrville Ohio 44667

in the City of Orrville , County of Wayne, and State of Ohio.

Grounds: Non payment of the rental payment for the month of August in the
amount of $630.00 plus a late fee in the amount of $20.00 for a total due of

$650.00 and $2.00 a day after the 6" day of the month thereafter untill the

date the payment is received up to a maximum of $50.00per month as states in
your lease agreement with Orchard Glen_on page 2 section 6.

YOU ARE BEING ASKED TO LEAVE THE PREMISES. IF YOU DO NOT
LEAVE, AN EVICTION ACTION MAY BE INITIATED AGAINST YOU. IF
YOU ARE IN DOUBT REGARDING YOUR LEGAL RIGHTS AND
OBLIGATIONS AS A RESIDENT, IT IS RECOMMENDED THAT YOU SEEK
LEGAL ASSISTANCE,

 

 

 

 

Owner: Woda Management and Real Estate LLC.
Agent for Owner: Joy Harrell

Owner’s Address: 229 Huber Village Boulevard, Suite 100, Westerville, OH 43081

Hand Delivered By: Joy Harrell Date: August 21, 2014

IF YOU HAVE ANY QUESTIONS IN REGARD TO THIS NOTICE PLEASE CONTACT
THE MANAGER'S OFFICE AT 330-682-6480.

“In accordance with Federal law and US. Department of Agriculture policy. this institution is prohibited from discrimination on
the basis of race. color, national origin. sex, age or disability. (Not all prohibited bases apply to all programs)” +
mu pon ESDP Peep ce ct ayy Resets ooh b i ererrene
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CAUsers\michael\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content, Outlook'8K X Y SSON\Evietion Notice-Rental Payment
(EN ODKentucky.docFiled on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Form: SFHCA 01 Rev 08/07/09
SINGLE FAMILY HOME
CONTRACT of CARE AGREEMENT

John & Pamela Walentik 1315
Client(s) Name Address

Your responsibilities as a resident of the home located at the above stated address are detailed in
this agreement and your Lease Agreement.

 

EXTERIOR
1. Cut grass, trim bushes and shrubs, weed and fertilize lawn and plant flowers and
mulch as needed.
2. Maintain all lawn area: front, rear and side. Keep your yard free of trash and debris,

keep garbage cans covered at all times.

Shovel snow from the drive way and sidewalks.

Repair/replace all broken windows, including repair or replacement of damaged door
glass.

Repair/replace broken screens.

Replace mailbox as needed, if applicable.

Replace broken or missing numbers on house.

Other minor exterior maintenance as needed.

Clean debris and leaves from gutters annually.

10. Power wash and clean siding and gutters as needed.

INTERIOR

1 Maintain all appliances, fixtures, and mechanicals in a decent, safet, and sanitary
condition.

Clean carpets as needed, at least annually.

Caulk sink and tub area as needed.

Change furnace filters at least 4 times per year

Replace broken or missing doorknobs, including garage door locks and handles and
mailbox locks.

6. Replace window locks and lifts when broken or missing

7. Maintain handrails and repair as needed.
8.
9

CRI AW

yPyen

Repair/replace leaking or broken faucets.
Repair toilets as need to stop/prevent leaks or water running.
10. Re-hang interior closet doors and replace rollers and guides as needed.
lhe Maintain sump pump as needed, if applicable.
12. Test smoke detectors monthly, replace batteries every 6 months
13, Other minor interior maintenance as needed.

If the client(s) do not complete the above mentioned items, management will have the items taken
care of and bill the client(s) for the services or repairs that needed to be made. All invoices for
these services must be paid within 15 days from the date of the invoice.

U0 Sacdid. Wa, (04

 
  
   
    

iA
Ne

A

 

gent for OWner Signature

  

"In accordance with Federal law and US. Department of Agriculture policy, this institution Is prohibited fiom discrimination on the
basis of race, color, national origin, sex, age or disability. (Not all prohibited bases apply 10 all programs).” To file a complaint of
discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W. Washington D.C, 20250-9410, ar call

(800) 795-3272 (voice) or (202) 720-6382 (TDD).

 

‘oe Mango & Read Ese, LUCFiled on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Rev, 07/29/08

SMOKE DETECTOR ADDENDUM

Being a resident of Orchard Glen, LLC. I do hereby agree and acknowledge that | am
responsible for maintaining my smoke detectors in operable condition at all times.

I further agree to test my smoke detectors at least once per month to ensure their proper
operation and report to management immediately any malfunctions or inoperability of the
smoke detectors.

Where there may be a battery operated smoke detector in my unit, I agree to replace the
batteries at least every six months to ensure continued proper operation and under no
circumstances will 1 remove the batteries for any duration of time other than to replace the
batteries with new batteries.

I finally agree and understand that my failure to maintain the smoke detectors in proper
working order at all times is a violation of my Lease Agreement and will result in termination
of my tenancy.

   

John Walentik \s [B/\3

Tenant’s Signature ~ Tenant’s Printed Name Date

Grune Q Lal fil | rn wa lol 313
Teant’s Si; Tenant’s Printed Name Date

\\ kes Cy wy) iW] \ Heather Campfield \o- ZA

Agent or OwWngr Signature Agent for Owner Printed Name Date

OF Wolujle  8raD. Wolmt Ig7e/r3

 

 

 

 

 

 

 

 

C:\Documents and Settings\orchard glen. WODAGROUP\Desktop\tenents\Minney\Smoke Detector Addendum.doc.Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Rev. 1/1/09

Addendum to Rules and Regulations
Health and Safety

Housekeeping. Your unit must be maintained in a decent, safe and sanitary condition at
all times. Excessive grease and grime build up in the kitchen and on the appliances is a
fire hazard.

Range hood Fire Stops. You have two fire stop canisters located under the range hood.
These canisters are a safety device that will explode and extinguish a stove top fire in
most cases. These canisters are not to be removed for any reason.

Hot Water Tank Area. Absolutely nothing is permitted to be stored within a three foot
area surrounding an electric hot water tank and a six foot arca surrounding a gas hot
water tank,

Furnaces. Nothing is permitted to be stored within a three foot area surrounding an
electric furnace and a six foot area surrounding a gas furnace.

Portable Heaters. The use of kerosene heaters, blower (salamander) heaters, or any
other type of permanent or portable heat source (wood, coal, com) anywhere within the
unit or garage, if applicable, is strictly prohibited. The only alternative heat source that
will be considered is portable electric heaters which must be pre-approved by
management to ensure they contain safety features to automatically shut off if tipped
over, Written permission must be obtained from the manager before using a portable
electric heater within the unit. Absolutely no portable heaters of any source will be
permitted in the garage.

Flammables/Combustibles. Storing any type of flammables or combustibles within a
ten foot area of an electric heat source or appliance is strictly prohibited. Storing any
type of flammables or combustibles within a thirty five foot area of a gas heat source or
appliance is strictly prohibited. Flammables or combustibles are not permitted to be
stored on any front or back porch or patio or inside any storage area inside the unit.
Gas/Charcoal Grills. When using any type or size grill, you must be at least twelve
foot away from any building, structure, canopy, overhang, stairways or porch roof.
Grills may only be stored on the back patio/porch after the grill has completely cooled
down and all gas valves have been shut off.

Open Burning/Campfires. Any type of open buming is strictly prohibited on any
property owned and/or managed by Woda Management and Real Estate. This includes,
but is not limited to, trash, wood, limbs, leaves or weeds.

Renter’s Insurance, Your personal property is not covered by the property’s insurance
coverage. If your personal belongings are damaged by fire, flood, vandalism or any act,
they are not covered by insurance and will not be replaced regardless of whether the
damage was caused by accident or negligence. For that reason, it is strongly suggested
that you obtain a renter’s insurance policy to protect your personal belongings.

Liability. As the resident of the unit, you are expected to abide by the rules and
regulations of the property, specifically with regard to health and safety issues. Any
damage to the premiscs caused by the negligence or misuse of the resident and/or his
guests and visitors will result in immediate eviction from the premises. Additionally,
the resident will be held liable to pay for any such damages and will face prosecution for
failure to pay said damages. Again, renter’s insurance is strongly suggested to protect
yourself against liability.

The above rules and regulations are a part of your lease agreement and the property rules and
regulations. Failure to comply will result in termination of your tenancy.

gi eS: Lo /8/t2
Tepant

DateFiled on 09/03/2014 at 03:00 PM in Wayne County, Ohio

|

Rev. 1/1/09

lol €/13

Date

\0-3.43

Date

 

“In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from
discrimination on the basis of race, color, national origin, sex, age or disability. (Not all prohibited bases apply to all
programs).” To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence
Avenue, SW. Washington D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TI DD).

fe
(labile IN /¢/ 13

TN —Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

 

Student Status Certification woda

{Complete one per household) Onn

 

 

 

 

 

 

 

Development Name: __Orchard Glen
Household Member's Name: Walentik _
Unit 4 (ifapplicable): 4315

 

Check boxes below, as applicable (note that students include those attending public or private elementary schools, middle or junior
high schools, senior high schools, colleges, universities, technical, trade, or mechanical schools, but does not include those attending
on-the-job training courses or those pursuing a GED):

x Houschold contains at least one occupant who is not a student, has not been a student, and will not be a student for five or more
months during the current and/or upcoming calendar year (months need not be consecutive). Uf this Item Is checked, siyn and
date this form. No further documentation is required.

© Household contains all students, but is qualified because the following occupant(s)
is/are a part-time student(s). Documentation of part-time student status is required for at least one member of the household.
If this item is checked sign and date this form below; and complete Student Status/Financial Assistance Verification.

CQ Household contains all full-time students for five or more months during the current and/or upcoming calendar year (months need
not be consecutive). If this item is checked, answer items 1-5 below as applicable to any member of the household, sign and
date this form below, and complete Student Status/Financial Assistance Verification.

1. At least one member of the household is receiving assistance under Title TV of the Social Security Act Yes © No
(e.g. TANF)? (Provide documentation supporting participation in the TANF program.)

2. Atleast one member of the household was previously under the care and placement responsibility of O Yes O No
the state agency responsible for administering a plan under Part B or Part E of Title IV of the Social
Security Act (foster care)? (Complete Foster Care Verification or provide a copy of legal documentation
supporting this statement.)
3. Atleast one member of the household participates in a program receiving assistance under the Job O Yes No
Training Partnership Act, Workforce Investment Act, or under other similar federal, state or focal
laws? (Documentation supporting participation in a fob training program.)
4. A single parent household with at least one dependent child. The parent is not the dependent of O Yes O No
another individual and the child(ren) is/are not dependent(s) of someone other than a parent?
(Complete Single Parent Full-Time Student Verification and provide a copy of legal documentation supporting
verification form as instructed.)
5. Married and entitled to file a joint income tax return. (Provide a copy of the most recent year's federal tax OQ Yes O No
return or provide a copy of legal documentation supporting this statement.)
Households composed entirely of full-time students that are income eligible and satisfy one or more of the above conditions are
considered to be an eligible student household for LIHTC purposes. If questions |-5 are marked NO, or verification does not
support the exception indicated, the household is considered an ineligible student household for LIHTC purposes.

Under penalty of perjury, I certify that the information presented in this affidavit is true and accurate to the best of my knowledge.
The undersigned further understands that providing false representations herein constitutes an act of fraud. False, misleading or

incomplete information may result in the termination of a lease agreement. y
Watentik ‘Ko BAL

Print Applicant/Resident Name

 
    

/ \

Applicant/Resident Signature Date of Signature

‘Penalties for minung thi content: Title 1, Section 1001 af Wa US. Code sates tat x pesson ix gully of 2 felony for inouangly and willingly making Use of fraudutene statements fo any deparunem oF ihe Ue
‘Suses Gavernment HUD and any owner (0% any employee of HUD or the ounes) may be suy ee to penaltis for viauthonzad disclosures  ienproper use of information callecied based on the consent form. Usa of
{he infarmaion collected based on this verGcation form is esiriced 10 the porpases ced wove. Any person, who knosingly oc ualbghy requests obeams or ducoses any informmon under fale

‘concerning an applicant or participant may be subject to a misdemeanor and fined not more than $5,000. Arty applicant ot participant affected by negligent discloaita of information may bring evil ection for damages,
tnd seok ofber relief as enay be appropriate, agains he officer or employee of HUD or the owner reapanble for Ihe unwuthorized dislasure oF iipruper use. Penalty provisions fr rsusing tie cia ccuney number wre
‘contaiied in dhe Social Security Act at 208(a) (94(7) and (8). Violation of dese provisious ae ited a vations of 42 USC 408 (0). (6).(7) ara (8)

is g

& Woda Management & Real Estate 1/1/13Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

a Move In Inspection

Rev. 09/06/06
Community Name: Orchard Glen Apt. Number: 1315
Tenant: John Walentik Do-Tenant Pamela Walentik

Move In Move Out

Not Not
‘Accopiable ——Acceptabh: «Acceptable Acceptable Explain

Kitchen
NIA
NIA
NIA
N/A
NIA
NIA
NIA
N/A
NIA
N/A
NA
NA

Stove
Exhaust Fan
Refrigerator
Dishwasher
Sink

Cabinets
Counters
Walls

Floor

Light Bulbs
Remove Trash
Windows
Doors
Mini-Blinds
Smoke Alarm
Other:

om
Tub/Shower
Sink
Medicine Cabinet
Cabinets
Toilet
Walls
Floor
Light Bulbs
Remove Trash
Doors
Smoke Alarm
Other:

om #2
Tub/Shower
Sink
Medicine Cabinet
Cabinets
Toilet
Walls
Floor
Light Bulbs
Remove Trash
Doors
Smoke Alarm
Other:

 

 

 

 

 

 

 

 

 

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NA
NIA
NIA

Ba
NA
NIA
NIA
NA
NIA
NIA
NA
NIA
N/A
NIA
NIA
NIA

Ba
NIA
NIA
NA
NIA
NIA
N/A
N/A
NA
NIA
NA
N/A
NWA

 

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SSISFiled on 09/03/2014 at 03:00 PM in Wayne County, Ohio

_ Move In Inspection

Community Name: Orchard Glen Apt. Number: 1315

 

Tenant: John Walentik Zo-Tenant Pamela Walentik

 

Move In Move Out

Not Not
Accept: ——Acceptnble ——Accerable Acceptable Explain

1/2 Bathroom
wa [na] Sink

 

NA Medicine Cabinet

 

NIA Cabinets

 

NIA Toilet

 

NIA Walls

 

NIA Floor

 

NIA Light Bulbs

 

NIA Remove Trash

 

NA Doors
NIA Smoke Alarm

SEB aie x

 

 

Room
Ceiling Fan
Windows

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Walls

 

Floor

 

Remove Trash
Doors

 

Mini Blinds

 

Smoke Alarm

 

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NA
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Other:

ing Room

Ceiling Fan NA
Windows NA
Walls x
Floor x
Remove Trash NA
Doors x
Mini Blinds NA
Smoke Alarm NA
Other: NA

 

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Other:Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Move In Inspection
Rev. 09/06/06

   

‘unity Name: Orchard Glen Apt. Number: 1315

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tenant: John Walentik Do-Tenant Pamela Walentik
Move In Move Out
Nat Not
Acceptable Acceptable. Accepiable Acceptable Explain
Bedroom #2
NIA Ceiling Fan NA
NA Windows x
NIA Walls x
NA Floor x
NA Remove Trash NA
NIA Doors x
NA Mini Blinds x
NIA Closet x
N/A Smoke Alarm Xx
NA Other: NA
Bedroom #3
Ceiling Fan NA
Windows x
Walls xX
Floor x
Remove Trash NA
Doors x
Mini Blinds x
Closet x
Smoke Alarm x
Other: NA
Bedroom #4
Ceiling Fan NA
Windows NA
Walls NA
Floor NA
Remove Trash NA
Doors NA
Mini Blinds NA
Closet NA
Smoke Alarm NA
Other: NA
Miscellaneous:
Stairs NA
Hallway NA
Hot Water Tank x.
Heating Unit x
Thermostats x
Washer/Dryer Area X
Front Door x
Back Door x
Exterior Storage NA
Interior Storage NAFiled on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Move In Inspection

 

 

Rev, 09/06/06
Coramunity Name: Orchard Glen Apt. Number: 1315
Tenant: John Walentik Zo-Tenant Pamela Walentik
Move In Move Out
Accpnble ——Aetepie Acetate Aco Explain
NA Garage Xx
NA Lawns x

 

NIA Patios/Balconies =X

Any deficlences Identified above will be remedied within 30 days of the move in date, The move in inspection was completed by all
parties signed below. I/We hereby certify that this unit is in a decent, safe and sanitary condition.

Resident Row +. OwDeccr ty (W/9 ! oA

Yule Re Wh aor
M0,

Co-Resident:

 

 

“In accordance with Federal law and U.S, Department of Agriculture policy, this institution is prohibited from discrimination on
the basis of race, color, national origin, sex, age or disability. (Not all prohibited bases apply to all programs),""_To filea_
complaint of discrimination, write USDA, Director, ice of Civil Rights, 1400 Inde e Avenue, S.W, Washington D.C.

20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD).

we @Filed on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Rey, 08/07/09
Exhibit A
Rules and Regulations
Orchard Glen, LLC
Page 1 of 6

This Exhibit A, Rules and Regulations (the “Rules”), are a part of the Lease Agreement (the “Lease”)
entered into this Ist day November of, 2013 between John & Pamela Walentik (the “Resident”) and Orchard
Glen,LLC (“Landlord”) regarding the tenancy of an apartment unit at Orchard Glen (the “Community”).
Resident accepts receipt of these Rules and Regulations, which are supplied separately but are an operable part
of the Lease. Resident covenants that the rules, regulations, and conditions as a part of the Lease, are needed
for the safety, care, and cleanliness of the premises. The Rules shall be kept, observed and performed by
Resident and by their agents, employees, visitors, and family members, unless waived in writing by the
Landlord. Violation of the Rules will be considered a violation of the Lease and permits the Landlord to
commence eviction procedures.

1, Landlord does not discriminate against the Resident in the provision of services, or in any other manner,
on the grounds of race, color, creed, religion, sex, national origin, familial status or handicap. To the
best of the Landlord’s knowledge, the Community is in compliance with the Federal Fair Housing Laws

2. Purpose: The apartment units in the Community are designed to provide housing.

3. Survivor: In the event of the death of one Resident in a household, the survivor is entitled to continue
the lease for as long as he or she is eligible, or until expiration of the lease.

4, Residents are strongly urged to obtain personal property and liability insurance or renter’s insurance.
You are not covered for any loss by Landlord’s insurance.

Initial

5. a. ¢ Landlord, via its agent, Woda Management & Real Estate, LLC, is responsible for the

overall maintenance of the Community. The method and plans for carrying out an effective
maintenance and repair program will be outlined in the Community Management Agreement.

b. Maintenance Request: Should a Resident require maintenance on a single family home, the
Resident must submit a work order request. Work orders are available at the On Site Manager’s
office. Maintenance personnel will handle the problem within 7-14 days if the repair is deemed
to be Management’s responsibility and not the Resident’s.

c Emergency Maintenance: Should emergency maintenance (leaking pipes, no heat in winter,
etc.) be required, call the On-Site Manager’s emergency number. In the event the On-Site
Manager is not available, call Woda Management & Real Estate, LLC, at 1-866-789-3929.

d. Trash: Trash is removed weekly at Tenant’s expense. Residents must place their bagged and
tied trash in the designated containers. Residents will be charged a fee for clean up if the trash is
not placed in the designated containers properly. Garbage is to be put into plastic trash bags and
tied closed and placed into the dumpster or toter. If a Resident is found not complying with this
rule they will be charged $50.00 and this charge will be added to your next renta] payment, so
that if it is not paid you will be in rental delinquency Toters are to be stored inside the garage or
along the side of the house until collection day where they are then taken to the curb. Toters
must be removed from the curbside and placed back in the garage or next the house the same
day..

Initial

‘CADocumttits and Settings\orchard glen. WODAGROUP\Desktop\tenents\Walentik\Rules and Regulations 080709 Single Family.docFiled on 09/03/2014 at 03:00 PM in Wayne County, Ohio

Exhibit A
Rules and Regulations
Orchard Glen, LLC

Page 2 of 6
e. Lawn: The Resident will be responsible for maintaining the flower beds of the rental unit. Ifa
Resident is found not complying with this rule they will be billed for the contracted services and

have 15 days to remit payment.

6. Inspections: Landlord will carry out inspections, which will be performed periodically. This includes,

but is not limited to, the following:

a.

Move-In Inspection: When the Resident moves in a unit, the Landlord and the prospective
Resident together shall inspect the unit to be occupied and agree upon any repairs needed. A
written inspection report shall be prepared and a copy retained in the Resident’s file. Any
damage not noted on the inspection will be charged against Resident’s security deposit upon
move-out.

Moye-Out Inspection: When the Landlord is notified, or becomes aware that the Resident is
moving out or has vacated the unit, an inspection should be scheduled with the Resident. Any
repairs or cost to be charged to the Resident will be in accordance with the terms of the lease and
regulations governing security deposits.

Smoke Detector Inspection: Landlord will inspect the smoke detectors monthly to check the
battery and to ensure proper working order. A Resident wil! be in violation of their Lease, and
subject to eviction, if any smoke detector is found without batteries during any inspection.
Landlord will also make periodic inspections as required by Federal and State Program
guidelines.

Housekeeping issues: In the event unacceptable housekeeping issues are noted during any
inspection, the Resident will be given forty-eight (48) hours to correct the housekeeping issue.
In the event the Resident does not correct within the forty-eight hour notice period, the Landlord
will begin lease termination as described in the Lease. If any uncorrected housekeeping issue
remains after Resident vacates, the security deposit will be used to correct/repair the issue as
noted in the Lease Agreement.

7. Pets: Residents shall not keep or harbor any dogs, cats, or other animals in or about the buildings.
Except that no rule will be promulgated that would prohibit the tenancy of a Resident household
member who requires the services of a trained and certified seeing cye or hearing animal, or emotional
support animal to achieve the normal function of that household member or unless the community has a
pet policy and a pet agreement has been entered into and a pet fee has been paid.

8. Guest