Preview
16-2020-CC-010312-XXXX-MA Div: CC-P
Filing # 117371379 E-Filed 11/30/2020 02:46:38 PM
IN THE COUNTY COURT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.:
DIVISION:
BANCROFT AUBURN GLEN, LLC d/b/a
Auburn Glen Apartments,
Plaintiff,
vs.
DONELLE ATKINSON a/k/a Donnelle Atkinson,
Defendant.
COMPLAINT TO EVICT TENANT
The Plaintiff sues the Defendant and alleges:
1. This is an action to evict a tenant from real property in Duval County, Florida.
2. Landlord owns the following real and personal property in Duval County, Florida:
(8024 SOUTHSIDE BLVD, #16, JACKSONVILLE, FL 32256, (the "Property").
3. This Court has subject matter jurisdiction over this action pursuant to § 34.011,
Florida Statutes.
4, Venue is proper in DUVAL County, Florida pursuant to §47.011, Florida Statutes, as
the property at issue is located in DUVAL County, Florida.
5. Landlord elects to proceed under the summary procedure provided in § 51.011,
Florida Statutes.
6. On or about. January 8, 2020, Tenant entered a written lease (the “Lease”) with
Landlord for the Property. A true and correct copy of the Lease is attached hereto as Exhibit “A.”
7. Tenant has failed to pay Landlord the total rent under the Lease for the month of
November 1, 2020 as well as other rental charges for a total sum of $916.57.
8. On November 3, 2020, Landlord served Tenant with a notice of default and demand
for rent. A true and correct copy of the notice is attached hereto as Exhibit “B.”
9. Despite landlord’s demand, Tenant has failed to pay rent or deliver possession of the
Property to Landlord.
10. Landlord has retained the law firm of Rogers Towers, P.A. to represent it in this
action and is obligated to pay their attorneys’ fees and costs incurred in this matter.
11. All conditions precedent to the bringing of this action have occurred, have been
satisfied or otherwise have been waived.
ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 12/01/2020 02:58:21 PMWHEREFORE, BANCROFT AUBURN GLEN, LLC d/b/a Auburn Glen Apartments,
demands entry of judgment in its favor and against DONELLE ATKINSON a/k/a Donnelle
Atkinson and all others who occupy the Property, for possession of the Property.
ROGERS TOWERS, P.A.
By: _/s/ Matthew Tonuzi
Matthew Tonuzi, Esquire
Florida Bar No.: 77654
1301 Riverplace Boulevard, Suite 1500
Jacksonville, Florida 32207
Telephone: (904) 346-5768
Facsimile: (904) 396-0663
Attorneys for Plaintiff
Primary Email: jbullock@rtlaw.com
Secondary Email: jhumphries@rtlaw.comDate of Lease Contract:____ January 8, 2020
{when the Lease Contract is filled cut)
APARTMENT LEASE CONTRACT
NAA
ML ARRAS
This is a binding document. Read carefully before signing.
{ Moving In — General Information
=]
1. PARTIES, This Lease Contract (sometimes referred to as the
“Tease*) is between you, the resident(s} (list all people signing the
Lease Contract):
Bonnelle Atkinson
3, LEASE TERM AND TERMINATION NOTICE REQUIREMENTS,
The initial term of the Lease Contract begins on the_9th day
December 2019 _, and ends at 11:59 p.m. the
Bth day of _Dacember , 2020 ThisLease Contract will
‘automatically renew month-to-month unlegs elther party gives at
Teast __60 __ days‘ written notice of termination or intentto mave-
‘out as required by tlils paragraph and paragraph 36 (Move-Out
Notice) Ifthe number of days isn‘ filled in, atleast 30 days’ notice
is required. In the event you fall to provide us with the required
number of days’ written notice of termination and intent to vacate
coinciding with the lease expiration date, as required by this
paragraph and paragraph 36 (Move-Out Natlce), you acknowledge
and agree that you shall be liable to us for liquidated damages In
and us, the owner: Bancroft Auborn Glen, LLC
(name of apartment communtiy ar title holder). You've agreed to
rentApartmentNo,____@26 at,
Southside Blvd.
(street address) in, jonville
(ity) Florida, "32286 (2ip code) for use as a private
residence only. The terms “you” and “your” refer to all residents
listed above. The terms "we," “us,” and “our” refer to the owner
listed above (or any of owner's successors’ in interest or assigns).
Written or electronic notice to or from our managers constitutes
notice ta or from us. Ifanyoae else has guaranteed performance
ofthis Lease Contract, a separate Lease Contract Guaranty for each
guarantor is attached.
The B Owner or) Manager of these apartments is Bancroft
Auburn Glen, BEC 0
whose address 1s8024 Southside Blvd,
Jacksonville, FL 32256
‘Such persen oy company is authorized to receive
notices and demands in the landlord's behalf,
Alease termination notice must be given In writing. Notice to the
landlord must be delivered to the management office at the
apartment community or any other address designated by
management as follows: 8024 Souths:
Jacksonville Si
Notice to the tenant must be delivered to the Resident's addressas
shawn above,
2, OCCUPANTS. The apartment will be occupied only by you and
(listail other occupants not signing the Lease Contract):
the sum of $_750,.00__ (equal to one month's rent) if we give
youtheadvanced written notice required by Fla, Stat.§ 63.575(2),
This liquidated damages amount is exclusive to insulficient notice
under this paragraph and parageaph 36 (Move-Out Notice), and
does not limit collection rights with regard to other amounts
potentially owed to us. Ifthe lease term is not a month-to-month
tenancy, we must notify you with written notice no later than
—60___ days before the end ofthe lease term ifthe lease will nat
berenewed.
Month-to-Month Tenancies: In the event this Lease Contract
renews on a month-to-month basts, you must pay the amount of
rentwe chargeat the time the month-to-manth tenancy commences
pursuant to this paragraph and paragraph 15 (Rentincreases and
Lease Contract Changes), inclusive of any applicable month-to-month
fees and/or premlums, We may change your rent at any time
thereafter during a month-to-month tenancy by giving you no less
than 30 days’ written notice. You will be required to abide by all
* notice requirements set forth in the leaseand remain liable to pay
allother applicable charges due under the lease during your month-
to-month tenancy unless specifically changed in writing, Allsums
due under this paragcaph shall be additional rent, We may require
you to sign an addendum written for month-to-month tenants,
Either party may terminate a month-to-month tenancy by giving
the other party written notice no later than 15 days' prior to the
end of the monthly rental period. If you fail to provide us at least
15 days’ weitten notice to terminate a month-to-month tenancy
prior to the end ofthe monthly rental period, you shall be liable to
us for an additional 1 month’s rent,
SECURITY DEPOSIT, Unless modified by addenda, the total
security depositat the time of execution of this Lease Contract for
all residents in the apartment is $_465.00__, dueonorbefore
the date this Lease Contract Is signed.
Any security deposit or advance rent you paid is being held in one
of the following three ways as Indicated below [Landlord checkone
option}:
@Q1. Ina separate NON-INTEREST bearing account for your benelit,
inthe followingbank: Bank O£ Amarica
whose address is 9225 Bay Meadows Road, __
Jacksonvilla, FL 32256
No one else may occupy the apartment. Persons not listed. stove
must not stay In the apartment for more than.
without our prlor written consent, ifthe sar paes a fied
In, wo days per month ts the limit.
EXHIBIT "A"
©2019, Natlonal Apartment Assoclatlon, Inc. +7/2019, Florida
;0R
C02. Ina separate INTEREST bearing account for your benefit In
the fallowing bank,
whose address is
Ifan Interest bearing account, you will be entitled to receive and
collect interestinan amount of atleast 75 percentof the annualized.
average Interest rate payable on suchaccountor interestat the rate
ofS percentper year, simple interest, whichever thelandlord elects.
(3. Ina commingled account at the following bank,
whose address is.
provided thatthe landlord postsasurety bond with the county
or state, as required by Jaw, and pays you interest on your
security deposit or advance rent at the rate of S percent per
year simple interest.
Page tof
‘Moon esignature Services DocumentAnitials of Resident, Resident acknowledges
Tecelvinga copy of FS, 83.49(2)(d) which provides as follows:
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD'S.
ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU
‘MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
‘SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING
YOUR DEPOSIT, THE LANDLORD MUST MAIL YOU NOTICE, WITHIN
30 DAYS AFTER YOU MOVE OUT, OF THELANDLORD'SINTENT TO.
IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY
‘TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM
WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE,
‘THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU
‘THE REMAINING DEPOSIT, IF ANY.
IF THE LANDLORD FAILS TO TIMELY MAQ1. YOU NOTICE, THE
LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE
ALAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAUL TO TIMELY
OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
REFUND,
‘YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
BEFORE FILING A LAWSUIT, GENERALLY, THE PARTY IN WHOSE.
FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS
AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
‘THIS DISCLOSURE ISBASIC. PLEASE REFERTO PART Il OF CHAPTER
83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS
AND OBLIGATIONS.
5, KEYSAND FURNITURE, You will be provided_2 _ apartment
key(s),, mallbox key(s), and__0__ other access devices
for.
Your apartmentwill be [check one} furnished or &) unfurnished.
‘See paragraph 9 (Locks and Latckes).
6 RENT AND CHARGES. Unless raedified by addenda, you will pay
permonth for rent, payable in advance and without
tamand:
@ atthe on-site manager's office, or
Q atour online payment site, or
Dat.
Prorated rent of $__556.45 _isduefortheremainder of check
cone]: 1st month or) 2nd month, 02,
Otherwise, you must pay your rent on or before the 1stday of each
‘month (due date) with no grace period. Cash is enacceptable without
‘our prior written permission. You must not withhold or offset rent
untess authorized by statute. We may, at our option, require atany
time that you pay all rent and other sums in cash, certified or
cashier's check, money order, or one monthly check rather than
multiple checks. At our discretion, we may convert any and all
checks via the Automated Clearing House (ACH) system for the
purposes of collecting payment. Rentis not considered accepted,
Ifthe payment/ACH is rejected, does not clear, or is stopped for any
Teason, We may, butare not required to, accept rentthraugh direct
debit, ACH or other electronic means established and appraved by
us. Ifyou don't pay all rent on or before the__1st __ day ofthe
month, you'll pay an initial late charge of $__100,00 _ plus a
late charge of $__0..00___perday afterthat date until paidin
full, Dally late charges will not exceed 15 days for any single month's
rent, You'll also pay a charge of $__50.00 __ foreach returned
check or rejected electronic payment, plus Initial and dally late
charges from due date until we receive acceptable payment. Ifyou
don't pay rent on time, or fail to pay any rent, utilities or contractuiat
fees due under a prior lease if this is a renewal lease, you'll be
delinquent and all remedies under this Lease Contract will be
authorized. We'll also have all other remedies for such violation.
Allpayment obligations under this Lease Contract shall constitute
rentunder this Lease Contract.
‘Weand you agree that the failure to pay rent timely or the violation
ofthe animal restrictions resultsin added administrative expenses
and added costs to us, the same as if we had to borrow money to
pay the operating costs of the property necessary to cover such
added costs. We both agree that the late fee and animal violations
© 2019, Nattonal Apartment Association, Inc.- 7/2019, Florldi
provisions are intended to be liquidated damages since the added
costs of late payments and damages in such instances are difficult
to determine. We also both agree that the amount of late rent and
animal violation fees charged are reasonable estimates of the
administrative expenses, costs, and damages we would incur in
such instances,
Allofthe foregoing charges will be considered tobe additional rent.
UTILITIES, We'll pay for the following Items, If checked:
Q water Qeas Q electricity Q master antenna.
CQ wastewater Q trash C] cable TV
O other,
You'll pay for all other utilities, elated deposits, and any charges,
fees, or services on such utilities. You must notallow utilities ta be
disconnected— including disconnection for not paying your bills—
‘until the lease term or renewat period ends. Cable channels that
are provided may be changed during the lease term ifthe change
applies to all residents. Utilities may be used only for normal
household purposes and must not be wasted, If your electricity Is.
ever interrupted, you must use only battery-operated lighting. If
any utilities are submetered for the apartment, or prorated by an
‘allocation formula, we will attach an addendum to this Lease
Contract in compliance with state agency rules or city ordinance.
Resident shall not heat the apartment using gas-operated stoves
or ovens which were intended for use in cooking.
‘Where lawful all utilities, charges and fees of any kind under this
lease shall be considered additional rent, and if partial payments
areaccepted by the Landlord, they will beallocated firsttonon-rent
charges and to rent last. Failure to maintain utilities as required
herein is a material violation of the Lease and may result in
termination of tenancy, eviction and/or any other remedies under
the Lease and Florida law,
INSURANCE, Wedonot maintain insurancetocover your personal
property or personal injury. We are not responsible to any resident,
‘guest, or occupant for damage or loss of personal property or
personal injury from (including but notlimited to) fire,smoke, rain,
flood, water and pipe leaks, hail, ice, snow, lightning, wind,
explosions, earthquake, Interruption of utilities, theft, hurricane,
negligence of other residents, occupants, or invited/uninvited
guests or vandalism unless otherwise required by law,
fn addition, we urgeall Tenants, and particularly those residing in
coastal areas, areas near rivers, and areas prone to flooding, to
obtain flood insurance. Renter's insurance may not cover damage
toyour property dueto flooding. flood insurance resource which
may be available includes the Natlonal Floed Insurance Program
managed by the Federal Emergency Management Agency (FEMA).
We urge you to get your own insurance for losses to your personal
property and/or persona} injuries due to theft, fire. rain, flood,
huericane, wind damage, water damage, pipe leaks and the like.
Additionally, you are [check one] Q required to purchase personal
Aiability insurance C) not required to purchase personal liability
insurance. Ifno box is checked, personal liability insurance is not
required. lf required,failureto maintain personal liability insurance
throughout your tenancy, including any renewal periods and/or
lease extensions is an incurable breach of this Lease Contract and
may result in the termination of tenancy and eviction and/or any
other remedies as pravided by this Lease Contract or state law.
LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the
prior resident moves out. The rekeying will be done before you
move into your apartment.
You may at any tlme ask us to change or rekey locks or latches
during the Lease Term. We must comply with those requests, but
‘you must pay for them, unless otherwise provided by law.
Paymentfor Rekeying, Repalrs,Etc. Youmust pay forall repalrs
or replacements arlsing from misuse or damage to devices by you
or your family, occupants, or guests during your occupancy. You
may be required to pay in advance if we notify you within a
reasonable time after your request that you are more than 30 days
delinquent In reimbursing us for repairing or replacing a device
which was misused or damaged by you, your guest or an occupant;
orifyouhave requested thatwe repalr or change or rekey the same
device during the 30 days preceding your request and we have
complied with your request. Otherwise, youmust pay immediately
after the works completed.
Page2of9
[vi Siue Moon eSignature Services Document 1D: 203086289,.... Special Provisions and "What If" Clauses
|
10.SPECIALPROVISIONS. The following speclal provisions and any
‘addenda or written rules furnished to you ator before signing will
become a part of this Lease Contract and will supersede any
conflicting provisions of this printed Lease Contract form,
See_special provisions on the last page
‘See any additional special provisions.
11.EARLY MOVE-OUT. Unless modified by an addendum, if you:
(1) move out without paying rent in ful for the entire Lease Contract
term or renewal period; or
(2) move outat our demand because of your default; or
@) are judicially evicted.
You will be liable forall rent owed at the time ands itbecomes due
under the terms of your lease agreement until the apartment is re~
Tented.
12,REIMBURSEMENT. You must promptly reimburse us for loss,
damage, government fines, or cost of repairs or service in the
apartment or apartment community due toa violation ofthe Lease
Contractor rules, improper use, or negligence by you or your guests
or occupants or any other cause not due to our negligence or fault
asallowed by law, except for damages by acts of God to the extent
they couldn'tbemitigated by your action’or inaction. You'll defend,
indemnify and hold us harmless from att tiability arising from your
conduct or that of your invitees, your occupants, your guests, or our
representatives who at your request perform services not
contemplated in this Lease.
We may require payment at any time, Including advance payment
‘ofrepalrs for which you're liable. Delzy in demanding sums you owe
Isnota waiver.
13.CONTRACTUALLIENAND PROPERTY LEFT INAPARTMENT, |All
property In the apartment or common areas associated with
the apartment is (untess exempt under state statute) subject
toacontractual lien to secure payment ofdelinquentrent. The
Uen will attach to your property or your property willbesubject
tothelien atthe time you surrender possession or abandon the
preniises. For this purpose, "apartment" inchides conimon areas
associated with the apartment and interlorliving areas and extertor
patios, balconies, attached garages, and storerooms for your exclusive
us
Removal AfterSurrenderor Abandonment, Wer law afficers
may, at our discretion, remove, dispose and/or store all property
remaining in the apartment or in common areas {including any
vehicles you or any occupant orguest awns or uses) Ifyou surrender,
arejudiclally evicted, or abandon the apartment (see definitions in
paragraph 41 (Deposit Return, Surrender, and Abandonment)),
‘THE LANDLORD IS NOT REQUIRED TO COMPLY WITH s,715.104.
BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES:
‘THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF
POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF
‘THELAST REMAINING TENANT, AS PROVIDED BY CHAPTERS3,
FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE
OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE
‘TENANT'S PERSONAL PROPERTY.
Storage, Wemay store, buthave no duty to tore, property removed.
after surrender, eviction, or abandonment of the apartment. We're
not liable for casualty loss, damage, or theft except for property
removed under acontractwalllen, You must pay reasonable charges
(or our packing, removing, storing, and selling any property.
14,FAILING TO PAY RENT. If you don’t pay the first month's rent
‘when or before the Lease Contract begins, or any other rent due
under this lease we may end your right of occupancy and recover
damages, attorney's fees, court costs, and other lawful charges.
15.RENT INCREASES AND LEASE CONTRACT CHANGES. No rent
Incteases or Lease Contract changes are allowed before the Initial
Lease Contract term ends, except for changesallowed by any special
provisions in paragraph 10 (Special Provisions), by a written
addendum or amendment signed by you and us, or by reasonable
changes ofapartmentrules allowed under paragraph 18 (Community
Policies or Rules).tf atleast S days beforetheadvance noticedeadline
referred to in paragraph 3 (Lease Term and Termination Notice
Requirements), we give you written notice ofrentincreases orlease
changes effective when the lease term or renewal period ends, this
Lease Contract will automatically continue month-to-month with
theincreased rent orlease changes. Thenew modified Lease Contract
‘will begin on the datestated in the notice (without necessity of your
signature) unless you give us written move-out notice under
paragraph 36 (Move-Out Notice).
16.DELAY OF OCCUPANCY. If occupancy is or will be delayed for
‘construction, repairs, cleaning, or a previous resident's holding
‘over, we're not responsible for the delay. The Lease Contract will
remain in force subject to: (1) abatement of rent on a daily basis
during delay; and (2) your right to terminate as set forth below.
‘Termination notice must be in writing. After termination, you are
entitled only to refund of deposit(s) and any rentpald,Rentabatement
orLeaseContracttermination does notapply ifdelayis forcleaning,
or repairs that don’t prevent you from occupying the apartment,
Ifthere is a delay and we haven't given notice of delay as set forth
Immediately below, you may terminate up to the date when the
apartment Is ready for occupancy, but not later.
(A) Ifwe give written notice to any of you when or after the initial
termas set forth in Paragraph 3 (Lease Term and Termination
Notice Requirements)—and the notice states that occupancy
thas been delayed because of construction ora previous resident's
holding over, and that the apartment will be ready ona specific
date—you may terminate the Lease Contract within 3 days of
your receiving the notice, but not later,
(2) Awe give written notice to any of you before the inittal term
asset forth in Paragraph 3 (Lease Termand Termination Notice
Requirements) and the notice states that construction delay is,
expectedand that the apartment will be ready for youto occupy
onaspecific date, you may terminate the Lease Contract within
7 days after any of you recelves written notice, but not later,
‘The readiness date is considered the new initial term as set
forth in Paragraph 3 (Lease Term and Termination Notice
Requirements) forall purposes. This new date may notbe moved
toan earlier date unless we and you agree.
I7DISCLOSURE RIGHTS, If someone requests information on you
or your rental history for law-enforcement, governmental, or
business purposes, we may provide It. At our request, any utility
provider may give usinformation about pendingor actual connections
or disconnections of utility service ta your apartment.
= While You're Livinginthe Apartment: 2
=]
18,COMMUNITY POLICIES OR RULES, You and all guests and
occupants must comply with any written apartment rules and
community policies, including nstructions for care of our property.
Ourrules are considered part of this Lease Contract. We may make
reasonable changes to written rutes, effective Immediately, ifthey
are distributed and applicable to all units In the apartment
‘community and donot changedollaramounts on page 1 ofthis Lease
Contract.
19. LIMITATIONS ON CONDUCT, The apartment and other areas
reserved for your private use must be kept clean and free of trash,
garbage, and other debris. Trash must be disposed ofat least weekly
©2019, National Apartment Association, Inc.- 7/2019, Flori
In appropriate receptacles in accordance with local ordinances.
Passageways may be used only for entry or exit. You agreeto keep
all passageways and common areas free of obstructions such as
‘rash, storage items, andall forms of personal property. No person
shall ride or allow bikes, skateboards, or ather similar objects in
the passageways. Any swimming pools, saunas, spas, tanningbeds,
exerelse rooms, storerooms,laundry rooms, and similar areas must
beused with care in accordance with apartment rules and posted
signs, Glass containers are prohibited In all common areas. You,
your occupants, or guests may not anywhere In the apartment
‘community: use candles or use kerosene lampsorkeroseneheaters
without our prior written approval; cook on balcontes or outside;
Page 3 of 9or solicit business or contributions, Conducting any kind of business
{including child care services) in your apartmentor nthe apartment
community's prahibited—exceptthat any lawful businessconducted
at home” by computer, mail, or telephone is permissible if
customers, clients, patients, or other business assoclates do not
‘come to your apartment for business purposes. We may regulate:
(1) the use of patios, balconies, and porches; (2) the conduct of
furniture movers and delivery persons; and (3) recreational
activities in commonareas, You'll be liable tous for damage caused
by you or any guests or occupants.
We may exclude, and/or “No Trespass” from the apartment
community guests or others who, in our judgment, have been
violating the law, violating this Lease Contract or any apartment
rules, or disturbing other residents, neighbors, visitors, or owner
representatives. We may also exclude from any outside area or
‘common area a person who refuses to show photo identification
or refuses to identify himself or herselfas.a resident, occupant, or
{quest ofa specific resident in the community. Tenant agrees that
landlord reserves the right to trespass any non-tenant from the-
leased premises and common areas,
You agree to notify us you or any occupants are convicted of any
felony, or misdemeanor involving a controlled substance, violence
to another person or destruction of property. You also agree to
notify us if you or any occupant registers asa sex offender in any
state. Informing us of criminal convictions or sex offender registry
does not waive aur right to evict you.
20.PROHIBITED CONDUCT. You, your occupants or guests, or the
‘guests of any occupants, may not engage ia the following activities:
‘behaving in aloud or obnoxious mannerzdisturbing or threatening
the rights, camfort, health, safety, or convenience of athers (including
our agents and employees) In or near the apartment community:
disrupting our business operations; manufacturing, delivering,
possessing with intent to deliver, or otherwise possessing a
controlled substance or drug paraphernalia; engaging in or
threatening viotence; possessing a weapon prohibited by state law;
discharging a firearm in the apartwent community; displaying or
possessing a gun, knife, or other weapon in the common area ina
way that may alarm others; engaging In criminal activity that
threatens the health, safety, or rightt peacefulenjoymentof others
in or near the apartment community (regardless of arrest or
conviction): storing anything in clesets having gas appliances;
‘tampering with utilities or telecomiraonications; bringing hazardous
materials into the apartment community; or injuring our reputation
by making bad falth allegations against us to others, You agree to”
communicateand conduct yoursetfatalltimes inalawful, courteous,
and reasonable manner when interacting with our employees,
agents, Independent contractors, and vendors; other residents,
‘occupants, guests or Invitees; or any other person on the premises.
You agree not to engage In any abusive behavior, elther verbal or
physical, or any form of intimidation or oggression directed at our
employees, agents, Independent contractors, and vendors; other
residents, occupants, guests or invitees; orany other person on the
premises, If requested by us, you agree to conduct all further
business with us in writing. Any violation of this paragraph shall
‘bea material breach of this Lease and will entitle us to exercise all
rights and remedies under the lease and law.
24.PARKING, Wemay regulate the time, manner, and place of parking
‘cars, trucks, motorcycles, bicycles, boats, trailers, recreational
vehicles, and storage devices by anyone. We may have unauthorized
orillegally parked vehicles towed under an appropriate statute, A
vehicle is unauthorized or illegally parked in the apartment
community ifit:
(2) has a flat tire or other condition rendering it inoperable; or
2) ison |acks, blocks or has wheel{s) missing: or
(3) hasno currentlicense plate or no current registration and/or
Inspection sticker; or
(4) takes up more than one parking space; or
(5) belongs to a resident or occupant who has surrendered or
abandoned the apartment; or
(©) |s parked In a marked handicap space without the legally
required handicap insignia; or
(7) is parked in space marked for manager, staff, or guest at the
office; oF
(8) blocks another vehicle from exiting; or
(9) {s parked in a fire lane or designated "no parking” area: or
(0) is parked Ina space marked for other resident{s) or unit(3}; or
(1) is parked on the grass, sidewalk, or patio; or
(12) Blocks garbage trucks from access to a dumpster; or
(13) belongstoaresident and ts parked ina visitor or retail parking
space.
© 2019, National Apartment Association, Inc.- 7/2019, Florida
. mi
Mi
22.RELEASEOFRES(DENT. unless you're entitled toterminate your
tenancy under paragraphs 10 (Special Provisions), 16 (Delay of
Occupancy), 23 (Military Personnel Clause), 31 (Responstbilltles
‘of Owner), 36 (Move-Out Notice), or by separate addendum, you
‘won'tbe released from this Lease Contract for any reason—including.
but not limited to voluntary or involuntary school withdrawal or
transfer, voluntary orinvoluntary job transfer, marriage, separation,
divorce, reconciliation, loss of co-residents, loss of employment,
bad health, or death,
23,MILITARY PERSONNELCLAUSE. Any“servicemember"asdefined
fn Fla, Stat. §83.43(14) and Fla. Stat. §250.01 may terminate his or
her tenancy by providing us with written notice of termination to
be effective on the date stated in the notice that is atleast 30 days
after our receipt of the notice ifthe criteriaas specified in Fla, Stat,
{§83.682 are met. Your notice to us must be accompanied by either
copy ofthe official military ordersora written verification signed
by the servicemember's commanding officer.
Afteryour move out, we'll return your security deposit, less tawful
deductions, If you or any co-resident is a dependent of a
servicemember covered by the U.S, Servicemembers Civil Rellef
Act, your tenancy may not be terminated under this paragraph
withoutapplying toacourt and showing that your ability to comply
with the Lease Contract is materially affected by reason of the
servicemember's military service. Upon termination of your tenancy
‘under this paragraph, the tenant is liable for prorated rent due
thraugh the effective date of the termination payable at such time
as would have otherwise been required by the terms of this Lease
Contract. The tenant isnot liable for any other rent or damages due
to the early termination of the tenancy as provided for in this
paragraph.
24,RESIDENTSAFETY ANDPROPERTY LOSS, Youandall occupants
and guests must exercise due care for your own and others' safety
and security, especially in the use of smoke detectors and carbon
monoxide detectors, keyed deadbolt lacks, keyless bolting devices,
window latches, and other access control devices, Upontermination
of your tenancy under this paragraph, the tenant sliable or prorated
rent due through the effective date of the termination payable at
such times would have otherwise been required by the terms of
the lease.
‘Smoke Detectors and Carbon Monoxide Detectors. We'll
farnish smoke detectors and carbon monoxide detectors only if
required by statute and we'll test them and provide working
batteries when you first take possession. After that, youmusttest
the smoke detectors and the carbon monoxide detectors ona regular
basis, you must pay for and replace batteries as needed, unless the
law provides otherwise, We may replace dead or missing batteries
atyour expense, without prior notice to you. You must immediately
reportsmokedetector and carbon monoxide detector malfunctions
to us, Neither you nor others may disable neither the smoke
detectors nor the carbon monoxide detectors. If you damage or
disable the smoke detector or the carbon monoxide detector or
remove a battery without replacing it with a working battery, you
may be liable to us under state statute for $100 plus one month's
rrent,actual damages, and attorney's fees. Ifyou disable or damage
the smoke detector and carbon monoxide detectors, or fail to
replace a dead battery ur report malfunctions to us, you will be
liable to us and others for any loss, damage, or fines from fire,
smoke, or water.
Casualty Loss. We're notliable to any resident, guest, or occupant
for personal injury or damage or loss of personal property from
any cause, including but not limited to: fire, smoke, rain, fload,
water and pipe leaks, hail, ice, snow, lightning, wind, explosions,
earthquake, interruption of utilities, theft, or vandalism unless
otherwise required by law. We have no duty to remave any ice,
‘water, sleet, or snow but may remove any amount with or without
notice. During freezing weather, you must ensure that the
temperature In the apartment fs sufficient to make sure that the
pipes do not freeze (we suggest at least SO degrees). If the pipes
freeze or any other damage is caused by your failure to properly
maintain the heat in your apartment, you'll bellable for damage to
‘our and other's property. fyou ask our representatives to perform
services hot contemplated inthis Lease Contract, you will indemnify
usand held us harmless from all liability for those services.
Crime orEmergency. Dial 911 orimmediately call’ local medical
emergency, fire, or police personnel in case of accident, fire, smoke,
or suspected criminal activity or other emergency involving
{mminentharm. You should then contact our representative, Unless
otherwise provided by law, we're not lable to you or any guests or
occupants for injury, damage, orloss to person or property caused
by criminal conduct of other persons, Including theft, burglary,
assault, vandalism, or other crimes, We're not obliged to furnish
Page 4of9
i
1seceatty personnel, security lighting, security gates or fences, or
other forms of security. Ifwe pravide any access control devices or
securlty measures upon the property, they are nota guarantee to
prevent crime or to reduce the risk of crime on the property. You
agree that noaccess control or security measurescan climinateall
crime and that you will not rely upon any provided access control
orsecurity measures asa warranty or guaranteeof any kind, We're
not responsible for obtaining criminal-history checks on any
residents, occupants, guests, or contractors In the apartment
community. Ifyou or any occupant or guest is affected by a crime,
you must make a written report to aur representative and to the
appropriate local law-enforcement agency. You must also furnish
cus with the law-enforcement agency's incident report number upon
request.
FireProtection. Please check only ne box:() Fire protection is”
NOT available or &) Fire protection IS AVAILABLE. Description of
fire protection available (not applicable unless the box is checked):
sprinkler System in apartment
‘sprinkler System in common areas
BiSmoke detector
‘{C)Carbon monoxide detector
®WFire extinguisher
Dother (Describe):
Bullding, Housing, or Health Codes. We will comply with the
requirements of applicable building, housing, and health codes. If
there are no applicable building, housing. or health codes, we will
maintain the roofs, windows, screens, 2oors.Raors, steps porches,
exterior walls, foundations, and all other structural components
tn good repalr and capable of resisting normaf forces and loads,
and the plumbing In reasonable working condition, However, we
are not responsible for the repair of conditions created or caused
by the negligent or wrongful act or omission of you, a member of
‘your family, orany other person on the premises, in the apartment,
or in the common areas of the apartarent community with your
consent.
25.CONDITION OF THE PREMISES ANDALTERATIONS. Youaccept
the apartment, fixtures, and furnitureas is, except for conditions
materially affecting the health or safety of ordinary persons. We
disclaim all implied warranties, You's ke given an Inventory and
Condition form on or before move-in. You must note on the form
all defects or damage and return it to our sepresentative, Otherwise,
‘everything willbe considered tobe inactean, safe, and good working.
condition,
You must use customary ditigence ia evaintalning the apartment
and not damaging or littering the common areas. Unless authorized
by statute or by us in writing, you must ast perform any repairs,
painting, wallpapering, carpeting, electrical changes, or otherwise
alter our property.Noholes or stickers are allowed inside or outside
the apartment. But we'll permita reasonable number of smal! nait
holes for hanging pictures on sheetrock walls and in grooves of
‘wood-paneled walls, unless our rules state otherwise. No water
furniture, washing machines, additional phone or TV-cable outlets,
alarm systems, or lock changes, additions, or rekeying is permitted
unless statutorlly allowed or we've consented in writing. You may
Install a satellite dish or antenna provided you sign our satellite
dish or antenna lease addendum which complies with reasonable
restrictions allowed by federal law. You agree not toalter, damage,
orremove our property, includingalarm systems, smoke detectors
and carbon monoxide detectors, furniture, telephone and cable TV
wiring, screens, locks, and access control devices. When you move
{n,welll supply light bulbs for fixtures we furnish, Including exterior
fixtures operated from inside the apartment; after that, you'll
replace them at your expense with bulbs of the same type and
_wattage. Your improvements and/or added fixtures tothe apartment
(whether or not we consent) become ours untess we agree otherwise
inwriting.
Pest Control. We will make reasonable provisions for the
extermination of rats, mice, roaches, ants, wood destroying
organisms, and bed bugs, Ifyou are required to vacate the premises
for such extermination, we shall not be lable for damages, but rent
shall be abated. Ifyou are required to vacate in order to perform
pestcontrol or extermination services, you will be given seven (7)
days written notice of the necessity to vacate, and you will not be
required to vacate for more than four (4) days. We may still enter
your apartment as provided in Paragraph 28 (When We May Enter)
ofthis Lease and FS. 83.53 or upon 12 hours notice to perform pest
control or extermination services which donot require youto vacate
the premises. You must comply with all applicable provisions of
bullding, housing and health codes and maintain the apartment
© 2019, National Apartment Association, Inc.~ 7/2019, Florld:
Mi
and adjacent common areas in a clean and sanitary manner. You
must properly dispose of and promptly remove all of your garbage
s0 a$ to prevent foul odors, unsanitary conditions, or infestation
of pests and vermin in your apartment, adjacent commen areas
(such as breezeways), and other common areas of the apartment
community.
Waterbeds, You are allowed to have a waterbed or flotation
bedding systems provided it complies with any applicable building
codes and provided that you carry flotation or renter's insurance
which covers any damages which occur as a result of using the
waterbed or flotation bedding system, You must provideus witha
copy of the policy upon request. You must also name us as an
additional Insured at our request.
26.REQUESTS, REPAIRS, AND MALFUNCTIONS. IF YOU OR ANY
‘OCCUPANT NEEDS TO SEND A NOTICE OR REQUEST—FOR
EXAMPLE, FOR REPAIRS, INSTALLATIONS, SERVICES, ORSECURITY
RELATED MATTERS—IT MUST BE SUBMITTED THROUGH EITHER
‘THE ONLINE TENANT/MAINTENANCE PORTAL, OR SIGNED AND
IN WRITING AND DELIVERED TO OUR DESIGNATED
REPRESENTATIVE (except in case of fire, smoke, gas, explosion,
overflowing sewage, uncontrollable running water, electrical shorts,
cor crime in progress), Our written notes on your oral request do
not constitute a written request from you.
Our complying with or responding to any oral request regarding
security or non-security matters doesn’twaivethe strict requirerient
for written notices under this Lease Contract. You must promptly
notify us in writing of: water leaks; electrical problems;
‘malfunctioning lights; broken or missing lacks or latches; and other
conditions that pose ahazard to property, health, ar safety. We may
change or Install utility lines or equipment serving the apartment
Ifthe work ts done reasonably without substantially increasing
your utility costs, We may turn off equipmentand interruptutilities
‘as needed to avold property damage or to perform work. utilities
malfunction or are damaged by fire, water, or similar cause, you
must notify our representative immediately. Air conditioning
problemsarenot emergencies. fair conditioning or other equipment
malfunctions, you must notify our representativeas soonas possible
ona business day. We'll act with customary diligence to make
repairs and reconnections. Rent will not abate in whole or in part.
Ifwe believe that fire, catastrophic damage, extermination Issues,
raold and mildew or any habltability issues whatsoever is substantial,
or that performance of needed repairs poses a danger to you, we
may terminate this Lease Contract within a reasonable time by
giving you written notice.
27.ANIMALS, Noanimals (including mammals, reptites, birds, fish,
rodents and Insects) are allowed, even temporarily, anywhere in
the apartment or apartment community unless we've so authorized
in weiting. ifwe allow an animal, you must signa separate animal
addendum, which may require additional deposits, rents, fees or
other charges. An animal deposit Is considered a general security.
deposit. You must remove an unauthorized animal within 24 hours
ofnatice from us, or you will be considered in default of this Lease
Contract, We itl authorize assistance animals needed because of
a disability for you, your guests, and occupants pursuant to the
parameters and guidelines established by federal, state and local
Fair Housing laws, We may require a written statement from a
qualified professional verifying the need for the support and/or
service animal. You must not feed stray or wild animals.
Ifyou or any guest or occupant violates animal restrictions (with
or without your knowledge), you'll be subject to charges, damages,
eviction, and other remedies provided in this Lease Contract. Ifan
animal has been in the apartment at any time during your term of
occupancy (with or without our consent), we'll charge you for
defleaing, deodorizing, and shampooing. Initial and daily antmal-
violation charges and animal-removal charges are liquidated
damages for our time, inconvenience, and overhead (except for
attorney's fees andlitigation costs) inenforcing animal restrictions
and rules, We may remove an unauthorized animal by (1) leaving,
tna conspicuous place in the apartment, a 24-hour written notice
of Intent ta remove the animal, and (2) following the procedures
of paragraph 28 (When We May Enter), We may keep or kennel the
animal or turn itover toa humane society orlocal authority. When
keeping or kenneling an animal, we won't be liable for loss, harm,
sickness, or death of the animal untess due to our negligence. We'll
return the animal to you upon request if it has not already been
turned over to a humane soclety or local authority. You must pay
for the animal's reasonable care and kenneling charges. We have
no lien on the animal for any purpose.
PageSof9
iature Semvices Document (0: 203088269,
i©2019, Natlonal Apartment Assoclatton, Inc.
‘28.WHEN WE MAY ENTER. Pursuant to Fla. Stat. §83.53, we may.
‘enterthe dwelling unitatany time for the protection or preservation
ofthe premises, nthe case ofan emergency, or i'you unreasonably
withhold consent, Ifyou or any guest or occupant is present, then
repairers, servicers, contractors, our representatives or other
persons listed In (2) below may peacefully enter the apartment at
reasonable times for the purposes listed in (2) below. Ifnobady is
in the apartment, then such persons may enter peacefully and at
reasonable times by dupticate or master key (or by breaking a
‘window or other means when necessary In emergenctes) If
(1) we provide you with written notice to enter at least 12 hours
prior to the entry to take place between the hours of 7:30 a.m,
and 8:00 pmand
(2) entry is for: responding to your request; making repairs or
replacements; estimating repair or refurbishing costs;
performing pest control; doing preventive maintenance;
changing filters; testing or replacing smoke-detector and
carbon monoxide detector batterles; retrieving unreturned
tools, equipment or appliances; preventing waste’of utilities;
exercising our contractual lien; teaving notices: delivering,
installing, reconnecting, or replacing appliances, furniture,
equipment, oF access control devices; removing or rekeying
unauthorized access control devices; removing unauthorized
window coverings; stopping excessive noise;remavinghealth
or safety hazards (including hazardoxs materials), or items
prohibited under our rules; removing perishable foodstulfs if
your electricity is disconnected; removing unauthorized
‘animals; cutting off electricity accordingto statute; retrieving
property owned orleased by former residents; inspecting when
immediate danger to person or property is reasonably
suspected; allowing persons to enter as you authorized in your
rental application (Ifyou die, are incarcerated, etc); allowing
entry by alaw officer with asearch orarrest warrant,or inhot
pursuit; showing apartment to prospective residents (after
‘move-outor vacate notice has been given); showing apartment
togovernmentinspectors for thellimited purpose of determining
housing and fire ordinance compliance by us and to lenders,
appraisers, contractors, prospective buyers, or insurance
agents; or any other reasonable business purpose,
29,JOINTANDSEVERALRESPONSIBILITY. Each residentisjointly
and severally liable for alt lease obligations. If you or any guest or
occupant violates the Lease Contract or rules, all residents are
considered to have violated the Lease Contract. Our requests and
notices (including sale notices) to any resident constitute notice to
all residents and occupants. Notices and requests from any resident,
‘oroccupant (including notices oflease termination, repairrequests,
and entry permissions) constitute notice from all residents. in
eviction sults, each resident Is considered the agent of all other
residentsin theapartment for service of process.Security-deposit
refundsand deduction itemizations of multiple residents will comply
with paragraph 42 (Depostt Return, Surrender, and Abandonment).
30.REPLACEMENTS AND SUBLETTING, Replacingaresident, sub-
letting, assignment, or granting a right or license to occupy is
allowed only when we expressly consent ia writing.
Procedures for Replacement, IC we approve a replacement
resident, then, at our option: (1) the reglacement resident must
sign this Lease Contract with or withazt an increase in the total
security deposit; or (2) the remaining and replacement residents
L B Replacements
rust sign anentirely new Lease Contract. Unless weagree otherwise
inwriting, your security deposit will automatically transfer tothe
replacement resident as of the date we approve. The departing
resident will no longer have a right to occupancy or a security
deposit refund, but will remain liable for the remainder of the
original Lease Contractterm untess we agree otherwise in writing —
even Ifa new Lease Contract Is signed.
f
i 2 Responsibilities of Owner and Resident _ . }
31, RESPONSIBILITIES OF OWNER, We'Hactwith customary diligence
tor
(1) keep common areas reasonably cleas subject to paragraph 25
(Condition of the Premises and Aftecations):
(2) maintain fixtures, furniture, hot water, heating and A/C
equipment;
(3) comply with applicable federal, state,and local laws regarding
safety, sanitation, and falr housing: acd
(4) make all reasonable repairs, subject ¢o your obligation to pay
for damages for which you are liable.
If we violate any of the above or other material provisions of the
lease, you may terminate this Lease Contract and exercise other
remedies under state statute only as follows:
(@ you must make a written request for repatr, maintenance, or
remedy of the condition to us, specifying how we have failed
to comply with Florida law or with the material provisions of
this lease and Indicating your intention to terminate the lease
ifthe violation is not corrected within seven (7) days after
delivery of the notice;
(b) after receiving the request, we havea reasonable time torepalr
or remedy the condition, considering the nature ofthe problem
and the reasonable availability of materials, labor, and utilities;
(©)ifour failure to comply with Florida law or material provisions
of the rental agreement is due to causes beyond our control and
‘we have made and continue to make every reasonable effort to
correct the fallure to comply, you may also exercise other
statutory remedies,
All rent must be current at the time you give us notice of
noncompliance,
32,DEFAULT BY RESIDENT. You'll be in default if you or any guest
‘or occupant violates any terms of thisLease Contractincluding but
not limited to the following violations: (1
Preview
16-2020-CC-010312-XXXX-MA Div: CC-P Filing # 117371379 E-Filed 11/30/2020 02:46:38 PM IN THE COUNTY COURT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: DIVISION: BANCROFT AUBURN GLEN, LLC d/b/a Auburn Glen Apartments, Plaintiff, vs. DONELLE ATKINSON a/k/a Donnelle Atkinson, Defendant. COMPLAINT TO EVICT TENANT The Plaintiff sues the Defendant and alleges: 1. This is an action to evict a tenant from real property in Duval County, Florida. 2. Landlord owns the following real and personal property in Duval County, Florida: (8024 SOUTHSIDE BLVD, #16, JACKSONVILLE, FL 32256, (the "Property"). 3. This Court has subject matter jurisdiction over this action pursuant to § 34.011, Florida Statutes. 4, Venue is proper in DUVAL County, Florida pursuant to §47.011, Florida Statutes, as the property at issue is located in DUVAL County, Florida. 5. Landlord elects to proceed under the summary procedure provided in § 51.011, Florida Statutes. 6. On or about. January 8, 2020, Tenant entered a written lease (the “Lease”) with Landlord for the Property. A true and correct copy of the Lease is attached hereto as Exhibit “A.” 7. Tenant has failed to pay Landlord the total rent under the Lease for the month of November 1, 2020 as well as other rental charges for a total sum of $916.57. 8. On November 3, 2020, Landlord served Tenant with a notice of default and demand for rent. A true and correct copy of the notice is attached hereto as Exhibit “B.” 9. Despite landlord’s demand, Tenant has failed to pay rent or deliver possession of the Property to Landlord. 10. Landlord has retained the law firm of Rogers Towers, P.A. to represent it in this action and is obligated to pay their attorneys’ fees and costs incurred in this matter. 11. All conditions precedent to the bringing of this action have occurred, have been satisfied or otherwise have been waived. ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 12/01/2020 02:58:21 PMWHEREFORE, BANCROFT AUBURN GLEN, LLC d/b/a Auburn Glen Apartments, demands entry of judgment in its favor and against DONELLE ATKINSON a/k/a Donnelle Atkinson and all others who occupy the Property, for possession of the Property. ROGERS TOWERS, P.A. By: _/s/ Matthew Tonuzi Matthew Tonuzi, Esquire Florida Bar No.: 77654 1301 Riverplace Boulevard, Suite 1500 Jacksonville, Florida 32207 Telephone: (904) 346-5768 Facsimile: (904) 396-0663 Attorneys for Plaintiff Primary Email: jbullock@rtlaw.com Secondary Email: jhumphries@rtlaw.comDate of Lease Contract:____ January 8, 2020 {when the Lease Contract is filled cut) APARTMENT LEASE CONTRACT NAA ML ARRAS This is a binding document. Read carefully before signing. { Moving In — General Information =] 1. PARTIES, This Lease Contract (sometimes referred to as the “Tease*) is between you, the resident(s} (list all people signing the Lease Contract): Bonnelle Atkinson 3, LEASE TERM AND TERMINATION NOTICE REQUIREMENTS, The initial term of the Lease Contract begins on the_9th day December 2019 _, and ends at 11:59 p.m. the Bth day of _Dacember , 2020 ThisLease Contract will ‘automatically renew month-to-month unlegs elther party gives at Teast __60 __ days‘ written notice of termination or intentto mave- ‘out as required by tlils paragraph and paragraph 36 (Move-Out Notice) Ifthe number of days isn‘ filled in, atleast 30 days’ notice is required. In the event you fall to provide us with the required number of days’ written notice of termination and intent to vacate coinciding with the lease expiration date, as required by this paragraph and paragraph 36 (Move-Out Natlce), you acknowledge and agree that you shall be liable to us for liquidated damages In and us, the owner: Bancroft Auborn Glen, LLC (name of apartment communtiy ar title holder). You've agreed to rentApartmentNo,____@26 at, Southside Blvd. (street address) in, jonville (ity) Florida, "32286 (2ip code) for use as a private residence only. The terms “you” and “your” refer to all residents listed above. The terms "we," “us,” and “our” refer to the owner listed above (or any of owner's successors’ in interest or assigns). Written or electronic notice to or from our managers constitutes notice ta or from us. Ifanyoae else has guaranteed performance ofthis Lease Contract, a separate Lease Contract Guaranty for each guarantor is attached. The B Owner or) Manager of these apartments is Bancroft Auburn Glen, BEC 0 whose address 1s8024 Southside Blvd, Jacksonville, FL 32256 ‘Such persen oy company is authorized to receive notices and demands in the landlord's behalf, Alease termination notice must be given In writing. Notice to the landlord must be delivered to the management office at the apartment community or any other address designated by management as follows: 8024 Souths: Jacksonville Si Notice to the tenant must be delivered to the Resident's addressas shawn above, 2, OCCUPANTS. The apartment will be occupied only by you and (listail other occupants not signing the Lease Contract): the sum of $_750,.00__ (equal to one month's rent) if we give youtheadvanced written notice required by Fla, Stat.§ 63.575(2), This liquidated damages amount is exclusive to insulficient notice under this paragraph and parageaph 36 (Move-Out Notice), and does not limit collection rights with regard to other amounts potentially owed to us. Ifthe lease term is not a month-to-month tenancy, we must notify you with written notice no later than —60___ days before the end ofthe lease term ifthe lease will nat berenewed. Month-to-Month Tenancies: In the event this Lease Contract renews on a month-to-month basts, you must pay the amount of rentwe chargeat the time the month-to-manth tenancy commences pursuant to this paragraph and paragraph 15 (Rentincreases and Lease Contract Changes), inclusive of any applicable month-to-month fees and/or premlums, We may change your rent at any time thereafter during a month-to-month tenancy by giving you no less than 30 days’ written notice. You will be required to abide by all * notice requirements set forth in the leaseand remain liable to pay allother applicable charges due under the lease during your month- to-month tenancy unless specifically changed in writing, Allsums due under this paragcaph shall be additional rent, We may require you to sign an addendum written for month-to-month tenants, Either party may terminate a month-to-month tenancy by giving the other party written notice no later than 15 days' prior to the end of the monthly rental period. If you fail to provide us at least 15 days’ weitten notice to terminate a month-to-month tenancy prior to the end ofthe monthly rental period, you shall be liable to us for an additional 1 month’s rent, SECURITY DEPOSIT, Unless modified by addenda, the total security depositat the time of execution of this Lease Contract for all residents in the apartment is $_465.00__, dueonorbefore the date this Lease Contract Is signed. Any security deposit or advance rent you paid is being held in one of the following three ways as Indicated below [Landlord checkone option}: @Q1. Ina separate NON-INTEREST bearing account for your benelit, inthe followingbank: Bank O£ Amarica whose address is 9225 Bay Meadows Road, __ Jacksonvilla, FL 32256 No one else may occupy the apartment. Persons not listed. stove must not stay In the apartment for more than. without our prlor written consent, ifthe sar paes a fied In, wo days per month ts the limit. EXHIBIT "A" ©2019, Natlonal Apartment Assoclatlon, Inc. +7/2019, Florida ;0R C02. Ina separate INTEREST bearing account for your benefit In the fallowing bank, whose address is Ifan Interest bearing account, you will be entitled to receive and collect interestinan amount of atleast 75 percentof the annualized. average Interest rate payable on suchaccountor interestat the rate ofS percentper year, simple interest, whichever thelandlord elects. (3. Ina commingled account at the following bank, whose address is. provided thatthe landlord postsasurety bond with the county or state, as required by Jaw, and pays you interest on your security deposit or advance rent at the rate of S percent per year simple interest. Page tof ‘Moon esignature Services DocumentAnitials of Resident, Resident acknowledges Tecelvinga copy of FS, 83.49(2)(d) which provides as follows: YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD'S. ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU ‘MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS ‘SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT, THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THELANDLORD'SINTENT TO. IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY ‘TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, ‘THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU ‘THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY MAQ1. YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE ALAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAUL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND, ‘YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT, GENERALLY, THE PARTY IN WHOSE. FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY. ‘THIS DISCLOSURE ISBASIC. PLEASE REFERTO PART Il OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS. 5, KEYSAND FURNITURE, You will be provided_2 _ apartment key(s),, mallbox key(s), and__0__ other access devices for. Your apartmentwill be [check one} furnished or &) unfurnished. ‘See paragraph 9 (Locks and Latckes). 6 RENT AND CHARGES. Unless raedified by addenda, you will pay permonth for rent, payable in advance and without tamand: @ atthe on-site manager's office, or Q atour online payment site, or Dat. Prorated rent of $__556.45 _isduefortheremainder of check cone]: 1st month or) 2nd month, 02, Otherwise, you must pay your rent on or before the 1stday of each ‘month (due date) with no grace period. Cash is enacceptable without ‘our prior written permission. You must not withhold or offset rent untess authorized by statute. We may, at our option, require atany time that you pay all rent and other sums in cash, certified or cashier's check, money order, or one monthly check rather than multiple checks. At our discretion, we may convert any and all checks via the Automated Clearing House (ACH) system for the purposes of collecting payment. Rentis not considered accepted, Ifthe payment/ACH is rejected, does not clear, or is stopped for any Teason, We may, butare not required to, accept rentthraugh direct debit, ACH or other electronic means established and appraved by us. Ifyou don't pay all rent on or before the__1st __ day ofthe month, you'll pay an initial late charge of $__100,00 _ plus a late charge of $__0..00___perday afterthat date until paidin full, Dally late charges will not exceed 15 days for any single month's rent, You'll also pay a charge of $__50.00 __ foreach returned check or rejected electronic payment, plus Initial and dally late charges from due date until we receive acceptable payment. Ifyou don't pay rent on time, or fail to pay any rent, utilities or contractuiat fees due under a prior lease if this is a renewal lease, you'll be delinquent and all remedies under this Lease Contract will be authorized. We'll also have all other remedies for such violation. Allpayment obligations under this Lease Contract shall constitute rentunder this Lease Contract. ‘Weand you agree that the failure to pay rent timely or the violation ofthe animal restrictions resultsin added administrative expenses and added costs to us, the same as if we had to borrow money to pay the operating costs of the property necessary to cover such added costs. We both agree that the late fee and animal violations © 2019, Nattonal Apartment Association, Inc.- 7/2019, Florldi provisions are intended to be liquidated damages since the added costs of late payments and damages in such instances are difficult to determine. We also both agree that the amount of late rent and animal violation fees charged are reasonable estimates of the administrative expenses, costs, and damages we would incur in such instances, Allofthe foregoing charges will be considered tobe additional rent. UTILITIES, We'll pay for the following Items, If checked: Q water Qeas Q electricity Q master antenna. CQ wastewater Q trash C] cable TV O other, You'll pay for all other utilities, elated deposits, and any charges, fees, or services on such utilities. You must notallow utilities ta be disconnected— including disconnection for not paying your bills— ‘until the lease term or renewat period ends. Cable channels that are provided may be changed during the lease term ifthe change applies to all residents. Utilities may be used only for normal household purposes and must not be wasted, If your electricity Is. ever interrupted, you must use only battery-operated lighting. If any utilities are submetered for the apartment, or prorated by an ‘allocation formula, we will attach an addendum to this Lease Contract in compliance with state agency rules or city ordinance. Resident shall not heat the apartment using gas-operated stoves or ovens which were intended for use in cooking. ‘Where lawful all utilities, charges and fees of any kind under this lease shall be considered additional rent, and if partial payments areaccepted by the Landlord, they will beallocated firsttonon-rent charges and to rent last. Failure to maintain utilities as required herein is a material violation of the Lease and may result in termination of tenancy, eviction and/or any other remedies under the Lease and Florida law, INSURANCE, Wedonot maintain insurancetocover your personal property or personal injury. We are not responsible to any resident, ‘guest, or occupant for damage or loss of personal property or personal injury from (including but notlimited to) fire,smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, Interruption of utilities, theft, hurricane, negligence of other residents, occupants, or invited/uninvited guests or vandalism unless otherwise required by law, fn addition, we urgeall Tenants, and particularly those residing in coastal areas, areas near rivers, and areas prone to flooding, to obtain flood insurance. Renter's insurance may not cover damage toyour property dueto flooding. flood insurance resource which may be available includes the Natlonal Floed Insurance Program managed by the Federal Emergency Management Agency (FEMA). We urge you to get your own insurance for losses to your personal property and/or persona} injuries due to theft, fire. rain, flood, huericane, wind damage, water damage, pipe leaks and the like. Additionally, you are [check one] Q required to purchase personal Aiability insurance C) not required to purchase personal liability insurance. Ifno box is checked, personal liability insurance is not required. lf required,failureto maintain personal liability insurance throughout your tenancy, including any renewal periods and/or lease extensions is an incurable breach of this Lease Contract and may result in the termination of tenancy and eviction and/or any other remedies as pravided by this Lease Contract or state law. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the prior resident moves out. The rekeying will be done before you move into your apartment. You may at any tlme ask us to change or rekey locks or latches during the Lease Term. We must comply with those requests, but ‘you must pay for them, unless otherwise provided by law. Paymentfor Rekeying, Repalrs,Etc. Youmust pay forall repalrs or replacements arlsing from misuse or damage to devices by you or your family, occupants, or guests during your occupancy. You may be required to pay in advance if we notify you within a reasonable time after your request that you are more than 30 days delinquent In reimbursing us for repairing or replacing a device which was misused or damaged by you, your guest or an occupant; orifyouhave requested thatwe repalr or change or rekey the same device during the 30 days preceding your request and we have complied with your request. Otherwise, youmust pay immediately after the works completed. Page2of9 [vi Siue Moon eSignature Services Document 1D: 203086289,.... Special Provisions and "What If" Clauses | 10.SPECIALPROVISIONS. The following speclal provisions and any ‘addenda or written rules furnished to you ator before signing will become a part of this Lease Contract and will supersede any conflicting provisions of this printed Lease Contract form, See_special provisions on the last page ‘See any additional special provisions. 11.EARLY MOVE-OUT. Unless modified by an addendum, if you: (1) move out without paying rent in ful for the entire Lease Contract term or renewal period; or (2) move outat our demand because of your default; or @) are judicially evicted. You will be liable forall rent owed at the time ands itbecomes due under the terms of your lease agreement until the apartment is re~ Tented. 12,REIMBURSEMENT. You must promptly reimburse us for loss, damage, government fines, or cost of repairs or service in the apartment or apartment community due toa violation ofthe Lease Contractor rules, improper use, or negligence by you or your guests or occupants or any other cause not due to our negligence or fault asallowed by law, except for damages by acts of God to the extent they couldn'tbemitigated by your action’or inaction. You'll defend, indemnify and hold us harmless from att tiability arising from your conduct or that of your invitees, your occupants, your guests, or our representatives who at your request perform services not contemplated in this Lease. We may require payment at any time, Including advance payment ‘ofrepalrs for which you're liable. Delzy in demanding sums you owe Isnota waiver. 13.CONTRACTUALLIENAND PROPERTY LEFT INAPARTMENT, |All property In the apartment or common areas associated with the apartment is (untess exempt under state statute) subject toacontractual lien to secure payment ofdelinquentrent. The Uen will attach to your property or your property willbesubject tothelien atthe time you surrender possession or abandon the preniises. For this purpose, "apartment" inchides conimon areas associated with the apartment and interlorliving areas and extertor patios, balconies, attached garages, and storerooms for your exclusive us Removal AfterSurrenderor Abandonment, Wer law afficers may, at our discretion, remove, dispose and/or store all property remaining in the apartment or in common areas {including any vehicles you or any occupant orguest awns or uses) Ifyou surrender, arejudiclally evicted, or abandon the apartment (see definitions in paragraph 41 (Deposit Return, Surrender, and Abandonment)), ‘THE LANDLORD IS NOT REQUIRED TO COMPLY WITH s,715.104. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES: ‘THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF ‘THELAST REMAINING TENANT, AS PROVIDED BY CHAPTERS3, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE ‘TENANT'S PERSONAL PROPERTY. Storage, Wemay store, buthave no duty to tore, property removed. after surrender, eviction, or abandonment of the apartment. We're not liable for casualty loss, damage, or theft except for property removed under acontractwalllen, You must pay reasonable charges (or our packing, removing, storing, and selling any property. 14,FAILING TO PAY RENT. If you don’t pay the first month's rent ‘when or before the Lease Contract begins, or any other rent due under this lease we may end your right of occupancy and recover damages, attorney's fees, court costs, and other lawful charges. 15.RENT INCREASES AND LEASE CONTRACT CHANGES. No rent Incteases or Lease Contract changes are allowed before the Initial Lease Contract term ends, except for changesallowed by any special provisions in paragraph 10 (Special Provisions), by a written addendum or amendment signed by you and us, or by reasonable changes ofapartmentrules allowed under paragraph 18 (Community Policies or Rules).tf atleast S days beforetheadvance noticedeadline referred to in paragraph 3 (Lease Term and Termination Notice Requirements), we give you written notice ofrentincreases orlease changes effective when the lease term or renewal period ends, this Lease Contract will automatically continue month-to-month with theincreased rent orlease changes. Thenew modified Lease Contract ‘will begin on the datestated in the notice (without necessity of your signature) unless you give us written move-out notice under paragraph 36 (Move-Out Notice). 16.DELAY OF OCCUPANCY. If occupancy is or will be delayed for ‘construction, repairs, cleaning, or a previous resident's holding ‘over, we're not responsible for the delay. The Lease Contract will remain in force subject to: (1) abatement of rent on a daily basis during delay; and (2) your right to terminate as set forth below. ‘Termination notice must be in writing. After termination, you are entitled only to refund of deposit(s) and any rentpald,Rentabatement orLeaseContracttermination does notapply ifdelayis forcleaning, or repairs that don’t prevent you from occupying the apartment, Ifthere is a delay and we haven't given notice of delay as set forth Immediately below, you may terminate up to the date when the apartment Is ready for occupancy, but not later. (A) Ifwe give written notice to any of you when or after the initial termas set forth in Paragraph 3 (Lease Term and Termination Notice Requirements)—and the notice states that occupancy thas been delayed because of construction ora previous resident's holding over, and that the apartment will be ready ona specific date—you may terminate the Lease Contract within 3 days of your receiving the notice, but not later, (2) Awe give written notice to any of you before the inittal term asset forth in Paragraph 3 (Lease Termand Termination Notice Requirements) and the notice states that construction delay is, expectedand that the apartment will be ready for youto occupy onaspecific date, you may terminate the Lease Contract within 7 days after any of you recelves written notice, but not later, ‘The readiness date is considered the new initial term as set forth in Paragraph 3 (Lease Term and Termination Notice Requirements) forall purposes. This new date may notbe moved toan earlier date unless we and you agree. I7DISCLOSURE RIGHTS, If someone requests information on you or your rental history for law-enforcement, governmental, or business purposes, we may provide It. At our request, any utility provider may give usinformation about pendingor actual connections or disconnections of utility service ta your apartment. = While You're Livinginthe Apartment: 2 =] 18,COMMUNITY POLICIES OR RULES, You and all guests and occupants must comply with any written apartment rules and community policies, including nstructions for care of our property. Ourrules are considered part of this Lease Contract. We may make reasonable changes to written rutes, effective Immediately, ifthey are distributed and applicable to all units In the apartment ‘community and donot changedollaramounts on page 1 ofthis Lease Contract. 19. LIMITATIONS ON CONDUCT, The apartment and other areas reserved for your private use must be kept clean and free of trash, garbage, and other debris. Trash must be disposed ofat least weekly ©2019, National Apartment Association, Inc.- 7/2019, Flori In appropriate receptacles in accordance with local ordinances. Passageways may be used only for entry or exit. You agreeto keep all passageways and common areas free of obstructions such as ‘rash, storage items, andall forms of personal property. No person shall ride or allow bikes, skateboards, or ather similar objects in the passageways. Any swimming pools, saunas, spas, tanningbeds, exerelse rooms, storerooms,laundry rooms, and similar areas must beused with care in accordance with apartment rules and posted signs, Glass containers are prohibited In all common areas. You, your occupants, or guests may not anywhere In the apartment ‘community: use candles or use kerosene lampsorkeroseneheaters without our prior written approval; cook on balcontes or outside; Page 3 of 9or solicit business or contributions, Conducting any kind of business {including child care services) in your apartmentor nthe apartment community's prahibited—exceptthat any lawful businessconducted at home” by computer, mail, or telephone is permissible if customers, clients, patients, or other business assoclates do not ‘come to your apartment for business purposes. We may regulate: (1) the use of patios, balconies, and porches; (2) the conduct of furniture movers and delivery persons; and (3) recreational activities in commonareas, You'll be liable tous for damage caused by you or any guests or occupants. We may exclude, and/or “No Trespass” from the apartment community guests or others who, in our judgment, have been violating the law, violating this Lease Contract or any apartment rules, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or ‘common area a person who refuses to show photo identification or refuses to identify himself or herselfas.a resident, occupant, or {quest ofa specific resident in the community. Tenant agrees that landlord reserves the right to trespass any non-tenant from the- leased premises and common areas, You agree to notify us you or any occupants are convicted of any felony, or misdemeanor involving a controlled substance, violence to another person or destruction of property. You also agree to notify us if you or any occupant registers asa sex offender in any state. Informing us of criminal convictions or sex offender registry does not waive aur right to evict you. 20.PROHIBITED CONDUCT. You, your occupants or guests, or the ‘guests of any occupants, may not engage ia the following activities: ‘behaving in aloud or obnoxious mannerzdisturbing or threatening the rights, camfort, health, safety, or convenience of athers (including our agents and employees) In or near the apartment community: disrupting our business operations; manufacturing, delivering, possessing with intent to deliver, or otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening viotence; possessing a weapon prohibited by state law; discharging a firearm in the apartwent community; displaying or possessing a gun, knife, or other weapon in the common area ina way that may alarm others; engaging In criminal activity that threatens the health, safety, or rightt peacefulenjoymentof others in or near the apartment community (regardless of arrest or conviction): storing anything in clesets having gas appliances; ‘tampering with utilities or telecomiraonications; bringing hazardous materials into the apartment community; or injuring our reputation by making bad falth allegations against us to others, You agree to” communicateand conduct yoursetfatalltimes inalawful, courteous, and reasonable manner when interacting with our employees, agents, Independent contractors, and vendors; other residents, ‘occupants, guests or Invitees; or any other person on the premises. You agree not to engage In any abusive behavior, elther verbal or physical, or any form of intimidation or oggression directed at our employees, agents, Independent contractors, and vendors; other residents, occupants, guests or invitees; orany other person on the premises, If requested by us, you agree to conduct all further business with us in writing. Any violation of this paragraph shall ‘bea material breach of this Lease and will entitle us to exercise all rights and remedies under the lease and law. 24.PARKING, Wemay regulate the time, manner, and place of parking ‘cars, trucks, motorcycles, bicycles, boats, trailers, recreational vehicles, and storage devices by anyone. We may have unauthorized orillegally parked vehicles towed under an appropriate statute, A vehicle is unauthorized or illegally parked in the apartment community ifit: (2) has a flat tire or other condition rendering it inoperable; or 2) ison |acks, blocks or has wheel{s) missing: or (3) hasno currentlicense plate or no current registration and/or Inspection sticker; or (4) takes up more than one parking space; or (5) belongs to a resident or occupant who has surrendered or abandoned the apartment; or (©) |s parked In a marked handicap space without the legally required handicap insignia; or (7) is parked in space marked for manager, staff, or guest at the office; oF (8) blocks another vehicle from exiting; or (9) {s parked in a fire lane or designated "no parking” area: or (0) is parked Ina space marked for other resident{s) or unit(3}; or (1) is parked on the grass, sidewalk, or patio; or (12) Blocks garbage trucks from access to a dumpster; or (13) belongstoaresident and ts parked ina visitor or retail parking space. © 2019, National Apartment Association, Inc.- 7/2019, Florida . mi Mi 22.RELEASEOFRES(DENT. unless you're entitled toterminate your tenancy under paragraphs 10 (Special Provisions), 16 (Delay of Occupancy), 23 (Military Personnel Clause), 31 (Responstbilltles ‘of Owner), 36 (Move-Out Notice), or by separate addendum, you ‘won'tbe released from this Lease Contract for any reason—including. but not limited to voluntary or involuntary school withdrawal or transfer, voluntary orinvoluntary job transfer, marriage, separation, divorce, reconciliation, loss of co-residents, loss of employment, bad health, or death, 23,MILITARY PERSONNELCLAUSE. Any“servicemember"asdefined fn Fla, Stat. §83.43(14) and Fla. Stat. §250.01 may terminate his or her tenancy by providing us with written notice of termination to be effective on the date stated in the notice that is atleast 30 days after our receipt of the notice ifthe criteriaas specified in Fla, Stat, {§83.682 are met. Your notice to us must be accompanied by either copy ofthe official military ordersora written verification signed by the servicemember's commanding officer. Afteryour move out, we'll return your security deposit, less tawful deductions, If you or any co-resident is a dependent of a servicemember covered by the U.S, Servicemembers Civil Rellef Act, your tenancy may not be terminated under this paragraph withoutapplying toacourt and showing that your ability to comply with the Lease Contract is materially affected by reason of the servicemember's military service. Upon termination of your tenancy ‘under this paragraph, the tenant is liable for prorated rent due thraugh the effective date of the termination payable at such time as would have otherwise been required by the terms of this Lease Contract. The tenant isnot liable for any other rent or damages due to the early termination of the tenancy as provided for in this paragraph. 24,RESIDENTSAFETY ANDPROPERTY LOSS, Youandall occupants and guests must exercise due care for your own and others' safety and security, especially in the use of smoke detectors and carbon monoxide detectors, keyed deadbolt lacks, keyless bolting devices, window latches, and other access control devices, Upontermination of your tenancy under this paragraph, the tenant sliable or prorated rent due through the effective date of the termination payable at such times would have otherwise been required by the terms of the lease. ‘Smoke Detectors and Carbon Monoxide Detectors. We'll farnish smoke detectors and carbon monoxide detectors only if required by statute and we'll test them and provide working batteries when you first take possession. After that, youmusttest the smoke detectors and the carbon monoxide detectors ona regular basis, you must pay for and replace batteries as needed, unless the law provides otherwise, We may replace dead or missing batteries atyour expense, without prior notice to you. You must immediately reportsmokedetector and carbon monoxide detector malfunctions to us, Neither you nor others may disable neither the smoke detectors nor the carbon monoxide detectors. If you damage or disable the smoke detector or the carbon monoxide detector or remove a battery without replacing it with a working battery, you may be liable to us under state statute for $100 plus one month's rrent,actual damages, and attorney's fees. Ifyou disable or damage the smoke detector and carbon monoxide detectors, or fail to replace a dead battery ur report malfunctions to us, you will be liable to us and others for any loss, damage, or fines from fire, smoke, or water. Casualty Loss. We're notliable to any resident, guest, or occupant for personal injury or damage or loss of personal property from any cause, including but not limited to: fire, smoke, rain, fload, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, or vandalism unless otherwise required by law. We have no duty to remave any ice, ‘water, sleet, or snow but may remove any amount with or without notice. During freezing weather, you must ensure that the temperature In the apartment fs sufficient to make sure that the pipes do not freeze (we suggest at least SO degrees). If the pipes freeze or any other damage is caused by your failure to properly maintain the heat in your apartment, you'll bellable for damage to ‘our and other's property. fyou ask our representatives to perform services hot contemplated inthis Lease Contract, you will indemnify usand held us harmless from all liability for those services. Crime orEmergency. Dial 911 orimmediately call’ local medical emergency, fire, or police personnel in case of accident, fire, smoke, or suspected criminal activity or other emergency involving {mminentharm. You should then contact our representative, Unless otherwise provided by law, we're not lable to you or any guests or occupants for injury, damage, orloss to person or property caused by criminal conduct of other persons, Including theft, burglary, assault, vandalism, or other crimes, We're not obliged to furnish Page 4of9 i 1seceatty personnel, security lighting, security gates or fences, or other forms of security. Ifwe pravide any access control devices or securlty measures upon the property, they are nota guarantee to prevent crime or to reduce the risk of crime on the property. You agree that noaccess control or security measurescan climinateall crime and that you will not rely upon any provided access control orsecurity measures asa warranty or guaranteeof any kind, We're not responsible for obtaining criminal-history checks on any residents, occupants, guests, or contractors In the apartment community. Ifyou or any occupant or guest is affected by a crime, you must make a written report to aur representative and to the appropriate local law-enforcement agency. You must also furnish cus with the law-enforcement agency's incident report number upon request. FireProtection. Please check only ne box:() Fire protection is” NOT available or &) Fire protection IS AVAILABLE. Description of fire protection available (not applicable unless the box is checked): sprinkler System in apartment ‘sprinkler System in common areas BiSmoke detector ‘{C)Carbon monoxide detector ®WFire extinguisher Dother (Describe): Bullding, Housing, or Health Codes. We will comply with the requirements of applicable building, housing, and health codes. If there are no applicable building, housing. or health codes, we will maintain the roofs, windows, screens, 2oors.Raors, steps porches, exterior walls, foundations, and all other structural components tn good repalr and capable of resisting normaf forces and loads, and the plumbing In reasonable working condition, However, we are not responsible for the repair of conditions created or caused by the negligent or wrongful act or omission of you, a member of ‘your family, orany other person on the premises, in the apartment, or in the common areas of the apartarent community with your consent. 25.CONDITION OF THE PREMISES ANDALTERATIONS. Youaccept the apartment, fixtures, and furnitureas is, except for conditions materially affecting the health or safety of ordinary persons. We disclaim all implied warranties, You's ke given an Inventory and Condition form on or before move-in. You must note on the form all defects or damage and return it to our sepresentative, Otherwise, ‘everything willbe considered tobe inactean, safe, and good working. condition, You must use customary ditigence ia evaintalning the apartment and not damaging or littering the common areas. Unless authorized by statute or by us in writing, you must ast perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property.Noholes or stickers are allowed inside or outside the apartment. But we'll permita reasonable number of smal! nait holes for hanging pictures on sheetrock walls and in grooves of ‘wood-paneled walls, unless our rules state otherwise. No water furniture, washing machines, additional phone or TV-cable outlets, alarm systems, or lock changes, additions, or rekeying is permitted unless statutorlly allowed or we've consented in writing. You may Install a satellite dish or antenna provided you sign our satellite dish or antenna lease addendum which complies with reasonable restrictions allowed by federal law. You agree not toalter, damage, orremove our property, includingalarm systems, smoke detectors and carbon monoxide detectors, furniture, telephone and cable TV wiring, screens, locks, and access control devices. When you move {n,welll supply light bulbs for fixtures we furnish, Including exterior fixtures operated from inside the apartment; after that, you'll replace them at your expense with bulbs of the same type and _wattage. Your improvements and/or added fixtures tothe apartment (whether or not we consent) become ours untess we agree otherwise inwriting. Pest Control. We will make reasonable provisions for the extermination of rats, mice, roaches, ants, wood destroying organisms, and bed bugs, Ifyou are required to vacate the premises for such extermination, we shall not be lable for damages, but rent shall be abated. Ifyou are required to vacate in order to perform pestcontrol or extermination services, you will be given seven (7) days written notice of the necessity to vacate, and you will not be required to vacate for more than four (4) days. We may still enter your apartment as provided in Paragraph 28 (When We May Enter) ofthis Lease and FS. 83.53 or upon 12 hours notice to perform pest control or extermination services which donot require youto vacate the premises. You must comply with all applicable provisions of bullding, housing and health codes and maintain the apartment © 2019, National Apartment Association, Inc.~ 7/2019, Florld: Mi and adjacent common areas in a clean and sanitary manner. You must properly dispose of and promptly remove all of your garbage s0 a$ to prevent foul odors, unsanitary conditions, or infestation of pests and vermin in your apartment, adjacent commen areas (such as breezeways), and other common areas of the apartment community. Waterbeds, You are allowed to have a waterbed or flotation bedding systems provided it complies with any applicable building codes and provided that you carry flotation or renter's insurance which covers any damages which occur as a result of using the waterbed or flotation bedding system, You must provideus witha copy of the policy upon request. You must also name us as an additional Insured at our request. 26.REQUESTS, REPAIRS, AND MALFUNCTIONS. IF YOU OR ANY ‘OCCUPANT NEEDS TO SEND A NOTICE OR REQUEST—FOR EXAMPLE, FOR REPAIRS, INSTALLATIONS, SERVICES, ORSECURITY RELATED MATTERS—IT MUST BE SUBMITTED THROUGH EITHER ‘THE ONLINE TENANT/MAINTENANCE PORTAL, OR SIGNED AND IN WRITING AND DELIVERED TO OUR DESIGNATED REPRESENTATIVE (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, cor crime in progress), Our written notes on your oral request do not constitute a written request from you. Our complying with or responding to any oral request regarding security or non-security matters doesn’twaivethe strict requirerient for written notices under this Lease Contract. You must promptly notify us in writing of: water leaks; electrical problems; ‘malfunctioning lights; broken or missing lacks or latches; and other conditions that pose ahazard to property, health, ar safety. We may change or Install utility lines or equipment serving the apartment Ifthe work ts done reasonably without substantially increasing your utility costs, We may turn off equipmentand interruptutilities ‘as needed to avold property damage or to perform work. utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative immediately. Air conditioning problemsarenot emergencies. fair conditioning or other equipment malfunctions, you must notify our representativeas soonas possible ona business day. We'll act with customary diligence to make repairs and reconnections. Rent will not abate in whole or in part. Ifwe believe that fire, catastrophic damage, extermination Issues, raold and mildew or any habltability issues whatsoever is substantial, or that performance of needed repairs poses a danger to you, we may terminate this Lease Contract within a reasonable time by giving you written notice. 27.ANIMALS, Noanimals (including mammals, reptites, birds, fish, rodents and Insects) are allowed, even temporarily, anywhere in the apartment or apartment community unless we've so authorized in weiting. ifwe allow an animal, you must signa separate animal addendum, which may require additional deposits, rents, fees or other charges. An animal deposit Is considered a general security. deposit. You must remove an unauthorized animal within 24 hours ofnatice from us, or you will be considered in default of this Lease Contract, We itl authorize assistance animals needed because of a disability for you, your guests, and occupants pursuant to the parameters and guidelines established by federal, state and local Fair Housing laws, We may require a written statement from a qualified professional verifying the need for the support and/or service animal. You must not feed stray or wild animals. Ifyou or any guest or occupant violates animal restrictions (with or without your knowledge), you'll be subject to charges, damages, eviction, and other remedies provided in this Lease Contract. Ifan animal has been in the apartment at any time during your term of occupancy (with or without our consent), we'll charge you for defleaing, deodorizing, and shampooing. Initial and daily antmal- violation charges and animal-removal charges are liquidated damages for our time, inconvenience, and overhead (except for attorney's fees andlitigation costs) inenforcing animal restrictions and rules, We may remove an unauthorized animal by (1) leaving, tna conspicuous place in the apartment, a 24-hour written notice of Intent ta remove the animal, and (2) following the procedures of paragraph 28 (When We May Enter), We may keep or kennel the animal or turn itover toa humane society orlocal authority. When keeping or kenneling an animal, we won't be liable for loss, harm, sickness, or death of the animal untess due to our negligence. We'll return the animal to you upon request if it has not already been turned over to a humane soclety or local authority. You must pay for the animal's reasonable care and kenneling charges. We have no lien on the animal for any purpose. PageSof9 iature Semvices Document (0: 203088269, i©2019, Natlonal Apartment Assoclatton, Inc. ‘28.WHEN WE MAY ENTER. Pursuant to Fla. Stat. §83.53, we may. ‘enterthe dwelling unitatany time for the protection or preservation ofthe premises, nthe case ofan emergency, or i'you unreasonably withhold consent, Ifyou or any guest or occupant is present, then repairers, servicers, contractors, our representatives or other persons listed In (2) below may peacefully enter the apartment at reasonable times for the purposes listed in (2) below. Ifnobady is in the apartment, then such persons may enter peacefully and at reasonable times by dupticate or master key (or by breaking a ‘window or other means when necessary In emergenctes) If (1) we provide you with written notice to enter at least 12 hours prior to the entry to take place between the hours of 7:30 a.m, and 8:00 pmand (2) entry is for: responding to your request; making repairs or replacements; estimating repair or refurbishing costs; performing pest control; doing preventive maintenance; changing filters; testing or replacing smoke-detector and carbon monoxide detector batterles; retrieving unreturned tools, equipment or appliances; preventing waste’of utilities; exercising our contractual lien; teaving notices: delivering, installing, reconnecting, or replacing appliances, furniture, equipment, oF access control devices; removing or rekeying unauthorized access control devices; removing unauthorized window coverings; stopping excessive noise;remavinghealth or safety hazards (including hazardoxs materials), or items prohibited under our rules; removing perishable foodstulfs if your electricity is disconnected; removing unauthorized ‘animals; cutting off electricity accordingto statute; retrieving property owned orleased by former residents; inspecting when immediate danger to person or property is reasonably suspected; allowing persons to enter as you authorized in your rental application (Ifyou die, are incarcerated, etc); allowing entry by alaw officer with asearch orarrest warrant,or inhot pursuit; showing apartment to prospective residents (after ‘move-outor vacate notice has been given); showing apartment togovernmentinspectors for thellimited purpose of determining housing and fire ordinance compliance by us and to lenders, appraisers, contractors, prospective buyers, or insurance agents; or any other reasonable business purpose, 29,JOINTANDSEVERALRESPONSIBILITY. Each residentisjointly and severally liable for alt lease obligations. If you or any guest or occupant violates the Lease Contract or rules, all residents are considered to have violated the Lease Contract. Our requests and notices (including sale notices) to any resident constitute notice to all residents and occupants. Notices and requests from any resident, ‘oroccupant (including notices oflease termination, repairrequests, and entry permissions) constitute notice from all residents. in eviction sults, each resident Is considered the agent of all other residentsin theapartment for service of process.Security-deposit refundsand deduction itemizations of multiple residents will comply with paragraph 42 (Depostt Return, Surrender, and Abandonment). 30.REPLACEMENTS AND SUBLETTING, Replacingaresident, sub- letting, assignment, or granting a right or license to occupy is allowed only when we expressly consent ia writing. Procedures for Replacement, IC we approve a replacement resident, then, at our option: (1) the reglacement resident must sign this Lease Contract with or withazt an increase in the total security deposit; or (2) the remaining and replacement residents L B Replacements rust sign anentirely new Lease Contract. Unless weagree otherwise inwriting, your security deposit will automatically transfer tothe replacement resident as of the date we approve. The departing resident will no longer have a right to occupancy or a security deposit refund, but will remain liable for the remainder of the original Lease Contractterm untess we agree otherwise in writing — even Ifa new Lease Contract Is signed. f i 2 Responsibilities of Owner and Resident _ . } 31, RESPONSIBILITIES OF OWNER, We'Hactwith customary diligence tor (1) keep common areas reasonably cleas subject to paragraph 25 (Condition of the Premises and Aftecations): (2) maintain fixtures, furniture, hot water, heating and A/C equipment; (3) comply with applicable federal, state,and local laws regarding safety, sanitation, and falr housing: acd (4) make all reasonable repairs, subject ¢o your obligation to pay for damages for which you are liable. If we violate any of the above or other material provisions of the lease, you may terminate this Lease Contract and exercise other remedies under state statute only as follows: (@ you must make a written request for repatr, maintenance, or remedy of the condition to us, specifying how we have failed to comply with Florida law or with the material provisions of this lease and Indicating your intention to terminate the lease ifthe violation is not corrected within seven (7) days after delivery of the notice; (b) after receiving the request, we havea reasonable time torepalr or remedy the condition, considering the nature ofthe problem and the reasonable availability of materials, labor, and utilities; (©)ifour failure to comply with Florida law or material provisions of the rental agreement is due to causes beyond our control and ‘we have made and continue to make every reasonable effort to correct the fallure to comply, you may also exercise other statutory remedies, All rent must be current at the time you give us notice of noncompliance, 32,DEFAULT BY RESIDENT. You'll be in default if you or any guest ‘or occupant violates any terms of thisLease Contractincluding but not limited to the following violations: (1