Preview
4/16/2021 4:29 PM _ Filed Lee County Clerk of Courts
IN THE COUNTY COURT OF THE PWENTIETH JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA CIVIL ACTION
Lig tyes Ale co-001968
se Horas LL Case No. age Gagliardi. Josephine
we essica Dien
Marian ELLWS SOMPLAINT FOR EVICTION
Defendant [insert name of Tenant] gesica Di cd
Praintift, Za aie. Apinnts Ae sues Defendam, gan (BE Lt
{insert nomne-of Landiord) insert name of Penanz}
and alleges:
1, This is an getion t evict 2 Tenant from real property in Lee County, Florida.
are ID Lus kK see Re ines 6 Fe 33%
Jus ko keh
3. Defendant has possession of the property under yagreerent to pay rent of
$5275 _ payable-westty, ¢ronthly feircie one}.
Qnsert rental amount}
A copy ofthe weltten agreement, any, is sttached as Exhibit "A."
4, Defendant faited to pay the rent due {
seh: date-of payment Tenant hes faflee to make}
5, Plalt¥ served Defendant with anotice on 7721 20s to pay the rent or defiver
Tasert date of notice]
possession but Defendant refuses to de either.
‘ A copy of the notice Is attached as Exhibit "B.*
WHEREFORS, Pisintiff demands jutigment for possessio:
Sigratere [7
Laaie LU crsales £06
ia ord J Prapery manger (Circle: One}
hig, Sacre 4 a
Address (Street address where Fenant can Bellver rent}
203 Mlebwoen 8 09
Chty, State, Zp Code
Wk Mty e373
PhoneNumber 239.995. Sau
‘hist wal op
Approved for use undar culs 10<2.1(8} of b was
‘fhe Rules Regulating The Fiocids Bar ‘with ths assistance of
i Address:
‘The Florida Bar 2010
Form STHREE DAY NOTICE
TO PAY RENT OR DELIVER POSSESSION
04/06/2021
Nathan M. Bellows, Jessica A. Dixon
40 Willis Rd - #6
North Fort Myers, FL 33903
YOU ARE HEREBY NOTIFIED THAT YOU ARE INDEBTED TO US IN THE SUM OF:
879.03+ $75.00 posting charge and late fees of $70.00 Totaling $. © ou . OS
FOR THE RENT AND USE OF THE ABOVE REFERENCED PREMISES IN LEE COUNTY, FLORIDA, NOW
OCCUPIED BY YOU AND THAT WE DEMAND PAYMENT OF SAID RENT OR THAT YOU SURRENDER
POSSESSION OF THE SAID PREMISES WITHIN THREE (3) DAYS (EXCLUDING SATURDAYS, SUNDAYS AND
LEGAL HOLIDAYS) FROM THE DATE OF DELIVERY OF THIS NOTICE:
ON OR BEFORE THE 9th DAY OF MAY, 2021 MAY RESULT IN EVICTION PROCEEDINGS BEING INSTITUTED
AGAINST YOU PURSUANT TO SECTION 83 FLORIDA STATUTES. WE WILL RETAKE POSSESSION FOR YOUR
ACCOUNT IN THE EVENT YOU VACATE OR ARE EVICTED. YOU WILL BE HELD LIABLE FOR PAST DUE RENT,
AND FUTURE RENT DUE UNDER THE FULL TERM OF YOUR RENTAL AGREEMENT MINUS ANY RENT
RECEIVED FROM RERENTING THE PREMISES, ANY CHARGES DUE UNDER THE TERMS OF YOUR RENTAL
AGREEMENT, DAMAGES TO THE PREMISES, ATTORNEYS' FEES AND COURT COSTS.
TENANTS ARE AWARE THAT ANY POSTING THAT IS REQUIRED BY OUR OFFICE FOR LATE NOTICES AND
/ Lsawiskowsk! , Owner/Agent Signature and Printed Name
{ Florida Resale Properties Inc
3436 Marinatown Ln #4
North Fort Myers, FL 33903
(239) 995-5260
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above notice was:
x Mailed of delivered by hand.
ae
A posted onshe premises described above in the tenants absence on = May 2021
Owner/AgentFlorida Resale Properties Inc
3436 Marinatown Ln #4 + North Fort Myers, FL 33903
(239) 995-5260
1. Residential Lease
1.14 PARTIES AND OCCUPANTS
This agreement, made this day1/7/21 , between Laric Holdings LLC hereinafter referred to as the LANDLORD,
through its agent and, Nathan M. Bellows, Jessica A: Dixon hereinafter referred to as the TENANT concerning the
lease of the following described property,
40 Willis Rd - #6
North Fort Myers, FL 33903
is agreed to by and shall bind the TENANT, its heirs, estate, or legally appointed representatives. TENANT as
herein used shall include all persons to whom this proper is leased. LANDLORD as herein used shall
include the owner(s) of the premises (premises shall be defined as any air conditioned area), its heirs, assigns
or representatives and/or any agents(s) designated by the owner(s).
1.2 LEASE DURATION
The terms of this tenancy shall commence 01/08/2021 on and end on, to 12/31/2021 . If for any reason
LANDLORD cannot deliver possession of the premises to TENANT by the beginning date, the beginning date
may be extended up to 30 days or lease voided at LANDLORD’s option without LANDLORD being liable for
any expenses caused by such delay or termination.
OCCUPANTS: Only the following individuals shall occupy the premises unless written consent of the
LANDLORD is obtained Nathan M, Bellows, Jessica A. Dixon. A reasonable number of guests may occupy the
premises without prior written consent, if stay is limited to 72 hours.
1.3 RENT AND FEES
TENANT agrees to pay the sum of $664.03 as pro-rated rent for the period. 1/8/21-1/31/21 .
TENANT agrees to pay the sum of NA as advance rent representing payment for the last month of lease term or
any renewal.
TENANT agrees to pay the monthly rent amount of
First Months Rent $895.00
Total: $895.00
plus any applicable sales tax as rent on the 1st day of each month in advance without demand at FLORIDA
RESALE PROPERTIES INC., 3436 Marinatown Ln #4 North Fort Myers, FL 33903. Phone number (239)
995-5260. Rent must be received by LANDLORD or its designated agent on or before the due date. A late fee
of $50.00 plus $5.00 per day thereafter shall be due as additional rent if TENANT fails to make rent payments
on or before the 4th day of each month. Cash payments are not accepted. If TENANT’s check is dishonored. all future
payments must be made by money order or cashier's check; dishonored checks will be subject to the greatest of 5%
of the check amount or a $50.00 charge as additional rent. If LANDLORD has actual knowledge that there are
insufficient funds to cover a check, rent will be considered unpaid, LANDLORD may serve TENANT with a
Three Day Notice and will not be required to deposit the check. Third party checks are not permitted. Time
is of the essence. The imposition of late fees and/or dishonored. check charges is not a substitution or waiver
of available Florida law remedies. If rent is not received by the 1st day of each month, LANDLORD may serve
a Three Day Notice on the next day or any day thereafter as allowed by law, and LANDLORD has the right to
demand that late payments shall only be in the form of a money order or a certified check. All signatories to
this lease are jointly and severally responsible for the faithful performance of this lease. All payments made
shall first be applied to any outstanding balances of any kind including late charges and/or any other charges
due under this lease. All notices by TENANT to LANDLORD shall be sent to LANDLORDS’S address above
by certified mail. Tenants are aware that any posting that is required by our office for late notices and lease
violations, will incur a $75.00 fee. Payment of any unnecessary workiman service calls caused by Tenant's
1negligence, and for extra service calls as result of failure to keep appointments with repairmen will result in
a $75 “no show” fee. If incurred these charges shall be considered part of the rent.
1.4 ATTORNEY'S FEES
If LANDLORD employs an attorney due to TENANT’s violation of the terms and conditions of this lease,
TENANT shall be responsible for all costs and reasonable attorney’s fees as incurred by the LANDLORD
whether or not suit is filed. LANDLORD and TENANT waive the right to demand a jury trial concerning any
litigation between LANDLORD and TENANT.
By initialing below, you acknowledge and agree to the terms in Section 1.
x My X :
Nathan M. Bellows JesgicA A. Dix
2. Security Deposit
2.1 SECURITY DEPOSIT
SECURITY DEPOSIT: TENANT agrees to pay LANDLORD the sum of $895.00 less ($150.00 Brokerage fee as stated on additional
Disclosure) as security for faithful performance by TENANT of all terms, covenants and conditions of this lease. This deposit may be
applied by the LANDLORD for any monies owed by TENANT under the lease or Florida law, physical damages to the premises, costs, and
attorney's fees associated with TENANT failure to fulfill the terms of the lease and any monetary damages incurred by LANDLORD due
to TENANT’s default. TENANT cannot dictate that this deposit be used for any rent due. If TENANT breaches the lease by abandoning,
surrendering or being evicted from the rental premises prior to the lease expiration date(or the expiration of any extension) TENANT
will be responsible for unpaid rent, physical damages, future rent due, attorney’s fees, costs and any other amounts due under the terms
of the tenancy of Florida law. The security deposit (and advance rent, if applicable) will be held in the following manner: Deposited in
a separate non interest bearing account First Horizon Bank, $405 Hancock Bridge Pkwy, N. Ft. Myers, FL 33903. Florida statutory law,
83.49(3) provides:
(a) Upon the vacating of the premises for termination of the lease, if the landlard does not intend to impose a claim on the security deposit,
the LANDLORD shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30
days to give the TENANT written notice by certified mail to the TENANT last known mailing address of his intention to impose a claim on
the deposit, and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice
of my intention to impose a claim for damages in the amount of ___ upon your security deposit, due to . Itis sent to you as required
by s. 8349(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15
days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent
to (landlord's address). If the LANDLORD fails to give the required notice within the 30-day period, he forfeits his right to impose a claim
upon the security deposit. (b) Unless the TENANT objects to the imposition of the landlord’s claim or the amount thereof within 15 days
after receipt of the landlord’s notice of intention to impose a claim, the LANDLORD may then deduct the amount of his claim and shall remit
the balance of the deposit to the TENANT within 30 days after the date of the notice of intention to impose a claim for damages. (c) If either
party institutes an action in a court of competent jurisdiction to adjudicate his right to the security deposit, the prevailing party is entitled to
receive his court costs plus a reasonable fee for his attorney, The court shall advance the cause on the calendar. (d) Compliance with this
subsection by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and
salespersons, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental
agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this subsection to determine compliance. This
subsection prevails over any conflicting provisions in chapter £75 and in other sections of the Florida Statutes. Security deposit refunds if
any shall be made by mail only, as provided by law, made out in names of all TENANTS in one check, and, may not be picked up in person
from LANDLORD.
2.2 DEFAULT
DEFAULT: (1) Failure of TENANT to pay rent or any additional rent when due, or (2) TENANTS violation of any other term, condition
or covenant of the lease (and if applicable, attached rules and regulations), condominium by-laws or neighborhood deed restrictions or (3)
failure of TENANT to comply with any Federal, State and/or Local Laws, rules and ordinances, or (4) TENANT'S failure to move into the
premises or tenants abandonment of the premises, shall constitute a default by TENANT. Upon default, TENANT shall owe LANDLORD
rent and all sums as they become due under the terms of this lease and any addendums attached hereto and any and all amounts owed
to LANDLORD as permitted by Florida law. If the TENANT abandons or surrenders possession of the premises during the lease term or
any renewals, or is evicted by the LANDLORD, LANDLORD may retake possession of the premises and. make a good faith effort to re-rent
it for the TENANT account. Retaking of possession shail not constitute a rescission of this lease nor a surrender of the leasehold estate. If
2Florida Resale Properties Inc
3436 Marinatown Ln #4 + North Fort Myers, FL 33903
(238) 995-5260
11
Move_in_Checklist.pdf
x Nig Bo
Lessee Nathan M. Bellows
{/6/2.\
Date Signed
rfl Nu
ev 1/3/2|
Date Signed /
Jessica A, Dixon
Preview
4/16/2021 4:29 PM _ Filed Lee County Clerk of Courts IN THE COUNTY COURT OF THE PWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION Lig tyes Ale co-001968 se Horas LL Case No. age Gagliardi. Josephine we essica Dien Marian ELLWS SOMPLAINT FOR EVICTION Defendant [insert name of Tenant] gesica Di cd Praintift, Za aie. Apinnts Ae sues Defendam, gan (BE Lt {insert nomne-of Landiord) insert name of Penanz} and alleges: 1, This is an getion t evict 2 Tenant from real property in Lee County, Florida. are ID Lus kK see Re ines 6 Fe 33% Jus ko keh 3. Defendant has possession of the property under yagreerent to pay rent of $5275 _ payable-westty, ¢ronthly feircie one}. Qnsert rental amount} A copy ofthe weltten agreement, any, is sttached as Exhibit "A." 4, Defendant faited to pay the rent due { seh: date-of payment Tenant hes faflee to make} 5, Plalt¥ served Defendant with anotice on 7721 20s to pay the rent or defiver Tasert date of notice] possession but Defendant refuses to de either. ‘ A copy of the notice Is attached as Exhibit "B.* WHEREFORS, Pisintiff demands jutigment for possessio: Sigratere [7 Laaie LU crsales £06 ia ord J Prapery manger (Circle: One} hig, Sacre 4 a Address (Street address where Fenant can Bellver rent} 203 Mlebwoen 8 09 Chty, State, Zp Code Wk Mty e373 PhoneNumber 239.995. Sau ‘hist wal op Approved for use undar culs 10<2.1(8} of b was ‘fhe Rules Regulating The Fiocids Bar ‘with ths assistance of i Address: ‘The Florida Bar 2010 Form STHREE DAY NOTICE TO PAY RENT OR DELIVER POSSESSION 04/06/2021 Nathan M. Bellows, Jessica A. Dixon 40 Willis Rd - #6 North Fort Myers, FL 33903 YOU ARE HEREBY NOTIFIED THAT YOU ARE INDEBTED TO US IN THE SUM OF: 879.03+ $75.00 posting charge and late fees of $70.00 Totaling $. © ou . OS FOR THE RENT AND USE OF THE ABOVE REFERENCED PREMISES IN LEE COUNTY, FLORIDA, NOW OCCUPIED BY YOU AND THAT WE DEMAND PAYMENT OF SAID RENT OR THAT YOU SURRENDER POSSESSION OF THE SAID PREMISES WITHIN THREE (3) DAYS (EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS) FROM THE DATE OF DELIVERY OF THIS NOTICE: ON OR BEFORE THE 9th DAY OF MAY, 2021 MAY RESULT IN EVICTION PROCEEDINGS BEING INSTITUTED AGAINST YOU PURSUANT TO SECTION 83 FLORIDA STATUTES. WE WILL RETAKE POSSESSION FOR YOUR ACCOUNT IN THE EVENT YOU VACATE OR ARE EVICTED. YOU WILL BE HELD LIABLE FOR PAST DUE RENT, AND FUTURE RENT DUE UNDER THE FULL TERM OF YOUR RENTAL AGREEMENT MINUS ANY RENT RECEIVED FROM RERENTING THE PREMISES, ANY CHARGES DUE UNDER THE TERMS OF YOUR RENTAL AGREEMENT, DAMAGES TO THE PREMISES, ATTORNEYS' FEES AND COURT COSTS. TENANTS ARE AWARE THAT ANY POSTING THAT IS REQUIRED BY OUR OFFICE FOR LATE NOTICES AND / Lsawiskowsk! , Owner/Agent Signature and Printed Name { Florida Resale Properties Inc 3436 Marinatown Ln #4 North Fort Myers, FL 33903 (239) 995-5260 CERTIFICATE OF SERVICE I hereby certify that a copy of the above notice was: x Mailed of delivered by hand. ae A posted onshe premises described above in the tenants absence on = May 2021 Owner/AgentFlorida Resale Properties Inc 3436 Marinatown Ln #4 + North Fort Myers, FL 33903 (239) 995-5260 1. Residential Lease 1.14 PARTIES AND OCCUPANTS This agreement, made this day1/7/21 , between Laric Holdings LLC hereinafter referred to as the LANDLORD, through its agent and, Nathan M. Bellows, Jessica A: Dixon hereinafter referred to as the TENANT concerning the lease of the following described property, 40 Willis Rd - #6 North Fort Myers, FL 33903 is agreed to by and shall bind the TENANT, its heirs, estate, or legally appointed representatives. TENANT as herein used shall include all persons to whom this proper is leased. LANDLORD as herein used shall include the owner(s) of the premises (premises shall be defined as any air conditioned area), its heirs, assigns or representatives and/or any agents(s) designated by the owner(s). 1.2 LEASE DURATION The terms of this tenancy shall commence 01/08/2021 on and end on, to 12/31/2021 . If for any reason LANDLORD cannot deliver possession of the premises to TENANT by the beginning date, the beginning date may be extended up to 30 days or lease voided at LANDLORD’s option without LANDLORD being liable for any expenses caused by such delay or termination. OCCUPANTS: Only the following individuals shall occupy the premises unless written consent of the LANDLORD is obtained Nathan M, Bellows, Jessica A. Dixon. A reasonable number of guests may occupy the premises without prior written consent, if stay is limited to 72 hours. 1.3 RENT AND FEES TENANT agrees to pay the sum of $664.03 as pro-rated rent for the period. 1/8/21-1/31/21 . TENANT agrees to pay the sum of NA as advance rent representing payment for the last month of lease term or any renewal. TENANT agrees to pay the monthly rent amount of First Months Rent $895.00 Total: $895.00 plus any applicable sales tax as rent on the 1st day of each month in advance without demand at FLORIDA RESALE PROPERTIES INC., 3436 Marinatown Ln #4 North Fort Myers, FL 33903. Phone number (239) 995-5260. Rent must be received by LANDLORD or its designated agent on or before the due date. A late fee of $50.00 plus $5.00 per day thereafter shall be due as additional rent if TENANT fails to make rent payments on or before the 4th day of each month. Cash payments are not accepted. If TENANT’s check is dishonored. all future payments must be made by money order or cashier's check; dishonored checks will be subject to the greatest of 5% of the check amount or a $50.00 charge as additional rent. If LANDLORD has actual knowledge that there are insufficient funds to cover a check, rent will be considered unpaid, LANDLORD may serve TENANT with a Three Day Notice and will not be required to deposit the check. Third party checks are not permitted. Time is of the essence. The imposition of late fees and/or dishonored. check charges is not a substitution or waiver of available Florida law remedies. If rent is not received by the 1st day of each month, LANDLORD may serve a Three Day Notice on the next day or any day thereafter as allowed by law, and LANDLORD has the right to demand that late payments shall only be in the form of a money order or a certified check. All signatories to this lease are jointly and severally responsible for the faithful performance of this lease. All payments made shall first be applied to any outstanding balances of any kind including late charges and/or any other charges due under this lease. All notices by TENANT to LANDLORD shall be sent to LANDLORDS’S address above by certified mail. Tenants are aware that any posting that is required by our office for late notices and lease violations, will incur a $75.00 fee. Payment of any unnecessary workiman service calls caused by Tenant's 1negligence, and for extra service calls as result of failure to keep appointments with repairmen will result in a $75 “no show” fee. If incurred these charges shall be considered part of the rent. 1.4 ATTORNEY'S FEES If LANDLORD employs an attorney due to TENANT’s violation of the terms and conditions of this lease, TENANT shall be responsible for all costs and reasonable attorney’s fees as incurred by the LANDLORD whether or not suit is filed. LANDLORD and TENANT waive the right to demand a jury trial concerning any litigation between LANDLORD and TENANT. By initialing below, you acknowledge and agree to the terms in Section 1. x My X : Nathan M. Bellows JesgicA A. Dix 2. Security Deposit 2.1 SECURITY DEPOSIT SECURITY DEPOSIT: TENANT agrees to pay LANDLORD the sum of $895.00 less ($150.00 Brokerage fee as stated on additional Disclosure) as security for faithful performance by TENANT of all terms, covenants and conditions of this lease. This deposit may be applied by the LANDLORD for any monies owed by TENANT under the lease or Florida law, physical damages to the premises, costs, and attorney's fees associated with TENANT failure to fulfill the terms of the lease and any monetary damages incurred by LANDLORD due to TENANT’s default. TENANT cannot dictate that this deposit be used for any rent due. If TENANT breaches the lease by abandoning, surrendering or being evicted from the rental premises prior to the lease expiration date(or the expiration of any extension) TENANT will be responsible for unpaid rent, physical damages, future rent due, attorney’s fees, costs and any other amounts due under the terms of the tenancy of Florida law. The security deposit (and advance rent, if applicable) will be held in the following manner: Deposited in a separate non interest bearing account First Horizon Bank, $405 Hancock Bridge Pkwy, N. Ft. Myers, FL 33903. Florida statutory law, 83.49(3) provides: (a) Upon the vacating of the premises for termination of the lease, if the landlard does not intend to impose a claim on the security deposit, the LANDLORD shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the TENANT written notice by certified mail to the TENANT last known mailing address of his intention to impose a claim on the deposit, and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of ___ upon your security deposit, due to . Itis sent to you as required by s. 8349(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address). If the LANDLORD fails to give the required notice within the 30-day period, he forfeits his right to impose a claim upon the security deposit. (b) Unless the TENANT objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the LANDLORD may then deduct the amount of his claim and shall remit the balance of the deposit to the TENANT within 30 days after the date of the notice of intention to impose a claim for damages. (c) If either party institutes an action in a court of competent jurisdiction to adjudicate his right to the security deposit, the prevailing party is entitled to receive his court costs plus a reasonable fee for his attorney, The court shall advance the cause on the calendar. (d) Compliance with this subsection by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and salespersons, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this subsection to determine compliance. This subsection prevails over any conflicting provisions in chapter £75 and in other sections of the Florida Statutes. Security deposit refunds if any shall be made by mail only, as provided by law, made out in names of all TENANTS in one check, and, may not be picked up in person from LANDLORD. 2.2 DEFAULT DEFAULT: (1) Failure of TENANT to pay rent or any additional rent when due, or (2) TENANTS violation of any other term, condition or covenant of the lease (and if applicable, attached rules and regulations), condominium by-laws or neighborhood deed restrictions or (3) failure of TENANT to comply with any Federal, State and/or Local Laws, rules and ordinances, or (4) TENANT'S failure to move into the premises or tenants abandonment of the premises, shall constitute a default by TENANT. Upon default, TENANT shall owe LANDLORD rent and all sums as they become due under the terms of this lease and any addendums attached hereto and any and all amounts owed to LANDLORD as permitted by Florida law. If the TENANT abandons or surrenders possession of the premises during the lease term or any renewals, or is evicted by the LANDLORD, LANDLORD may retake possession of the premises and. make a good faith effort to re-rent it for the TENANT account. Retaking of possession shail not constitute a rescission of this lease nor a surrender of the leasehold estate. If 2Florida Resale Properties Inc 3436 Marinatown Ln #4 + North Fort Myers, FL 33903 (238) 995-5260 11 Move_in_Checklist.pdf x Nig Bo Lessee Nathan M. Bellows {/6/2.\ Date Signed rfl Nu ev 1/3/2| Date Signed / Jessica A, Dixon