Complaint,Petition: FORER, JUSTIN V MS JASMINE PROPERTIES LLC

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                                Filing # 125107580 E-Filed 04/16/2021 06:22:36 PM

IN THE CIRCUIT COURT OF THE 15™

JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION
CASE NO.: 2021-CA-002979XXXX-MB

JUSTIN FORER, an individual, and

MORGAN FORER, an individual,

Plaintiffs,

v.

M&S JASMINE PROPERTIES, LLC,

a New York limited liability company, and

SAMY KHALIL, an individual,

Defendants.
/

AMENDED COMPLAINT

Plaintiffs, Justin Forer and Morgan Forer (the “Forers” or “Plaintiffs”), by and through
undersigned counsel, hereby sues Defendants, M&S Jasmine Properties, LLC (“M&S” or
“Defendant”) and Samy Khalil (“Khalil or “Defendant”), as follows:

NATURE OF THE ACTION

1. Plaintiffs asserts claims against Defendant M&S for Specific Performance (Count
I), Breach of Contract (Count II) regarding Defendant’s breach of the parties’ “AS IS”
Residential Coniract tor Sale and Purchase (ihe “Agreement’) relating to ine real property
located at 920 Jasmine Dr., Delray Beach, Florida 33483 (the “Property”), and for Breach of
Contract (Count III) against Khalil and M&S for breaching the Lease Agreement between the

parties for the Property, and to pierce the corporate veil (Count IV).

KLuGer, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L., 201 So. BISCAYNE BLVD.,27™ FLOOR, MIAMI, FL 33131 305.379.9000

CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED AAMaINND, Ne99.28 DM
Pn. PAL DLA VUUINE TT, FL, vUOL IE mDnuecy, ULUIAN, Ut ure.) uu.2e.00 ivPARTIES, JURISDICTION, AND VENUE
2. This is an action for equitable relief and damages in an amount greater than Thirty

Thousand Dollars ($30,000.00), exclusive of interest, costs, and attorneys’ fees.

3. Plaintiffs are Florida residents who currently reside in Palm Beach County, Florida,
and are otherwise sui juris.

4. Defendant, M&S is, upon information and belief, a New York limited liability
company which conducts substantial and not isolated activities in the State of Florida, including
owning and renting the subject Property in Palm Beach County, Florida. M&S is otherwise sui
juris.

5. Defendant Khalil is, upon information and belief, a Florida resident who currently

resides in Palm Beach County, Florida. Further, Khalil conducted and conducts substantial and

 

in Palm Beach County, Florida. Khalil is otherwise swi juris.

6. Jurisdiction and venue are proper in this Court (i) as the acts and/or omissions
complained of took place within Palm Beach County, Florida, (ii) the real property which is the
subject of this action is located in Palm Beach County, Florida, and (iti) Section 18(U) of the
Agreement states that jurisdiction and venue lie in the county where the real property is located

(Palm Beach County).

GENEKAL ALLEGAT IUINS
A. The Parties’ Lease Agreement
7. On or about June 20, 2020, Plaintiffs and Khalil entered into the Residential

Lease agreement (the “Lease”) attached hereto as Exhibit “A.”

8. The Lease provided for Plaintiffs to lease the Property for an initial lease term

2
KLUuGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L., 201 SO. BISCAYNE BLYD., 27" FLOOR, M1AMI, FL 33131 305.379.9000commencing on August 1, 2020 and running through April 30, 2021.

9. On or about June 21, 2020, Plaintiffs and Khalil entered into an Addendum to the

Lease (the “Addendum’”), a copy of which is attached hereto as Exhibit “B.”

10. Significantly, the Addendum provided Plaintiffs with three significant rights: a)

Dininsi fen A thn A tha Ianan fr aanntha naman Lanna tavena: bY Ts tha
Piainuiis ietaiiea wie Option 1G exteiid ihe lease Tor Six MGMUNS Gi the Saifie lease terns; by ail ui

event Khalil received an offer to purchase the Property during the lease term, Plaintiffs had a
right of first refusal to match the offer price and purchase the Property; and c) in the event
Plaintiffs decided to purchase the Property, fifty-percent (50%) of the rental amounts paid by the
Plaintiffs would be applied to the purchase price of the Property. See Addendum, Ex “B.”

lL. At the time Plaintiffs and Khalil entered into the Lease and the Addendum,
Plaintiffs were led to believe and understood that Khalil was the sole owner of the Property. The

piopeit ly Técoias Tor te Pali Deacn Coiiity Pioperty ly Appiaiser appear (6 Conf this Tact.

12. Unbeknownst to Plaintiffs, Khalil appears to have sold or otherwise transferred
the Property to M&S on or about November 20, 2020.

13. Plaintiffs timely exercised their right to extend the Lease beyond April 30, 2021
and provided notice to Khalil’s and M&S’ counsel.

B. The Purchase and Sale Agreement

14. On January 29, 2021,! Plaintiffs and M&S entered into the Agreement, through

which Plaintiffs contracted to purchase from M&S the improved real property located at real

property located at 920 Jasmine Dr., Delray Beach, in Palm Beach County, Florida 33483 (the

: The Agreemeni identifies january 25, 2021 as the Effective Date of the Agreemeni. See section
paragraph 3(b)and 4 of the Agreement and the handwritten Effective Date therein.

3
KLuGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L., 201 SO. BISCAYNE BLYD., 27" FLOOR, M1AMI, FL 33131 305.379.9000“Property”. A copy of the Agreement is attached as Exhibit “C.””

15. Plaintiffs agreed to purchase the Property (as more particularly described in the

Agreement) for a purchase price of $1.5 million. See Ex. “C” at Section 2.

16. Plaintiffs were required to deposit into escrow the total sum of $150,000.00 against

 

additional amount due under the Agreement payable in cash at closing. Jd.
17. The closing was scheduled to occur forty-five (45) days from the Effective Date —
thus, the closing date was supposed to be on March 15, 2021 (the “Closing Date”). Id. at Section

4.

18. | The Agreement made clear that the remainder of the purchase price, exclusive of
the deposit, was to be made through financing available to the Forers. Jd. at Section 8. The Forers
timely obtained proper financing to close on the purchase of the Property, and timely advised M&S
and its attorney of this fact in writing by letter dated March 1, 2021. Thus, the Forers satisfied

their obligations pursuant to Section 8 of the Agreement.

19. In the event of default by M&S, Forers are permitted to seek damages or specific
performance of the Agreement. /d. at Section 15(b).

20. The Agreement provides that in the event of any litigation between the parties under
this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and
costs. Id. at ]17.

Cc. M&S Defaults Under the Agreement

21. Despite that the Forers had timely satisfied all conditions necessary to move toward

fimaly Olacing ac tha Clacina Data annrnachad M280 haaan signaling ite intant ta dafonlt undar
Ulery UiGSing, a> We Widollg, Va appivacuea, me OCgal siguaiiig, 1s ten vO Gciaui uUeL

? The Agreement is in the standard FAR/BAR form regularly utilized for residential real estate closings.

4
KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L., 201 SO. BISCAYNE BLYD., 27" FLOOR, M1AMI, FL 33131 305.379.9000the Agreement and back out of the deal.

22. In this regard, on March 2, 2021, M&S wrote to the Forers, falsely claiming that
the Forers had not met the March 1, 2021 financing loan approval notification deadline, despite
the fact that the Forers had indeed done so on March 1, 2021.

a” Ths wast dow nA a KOnnaMatinn af On.
4. ALE HEAL Gay, ca a Valiccuaudn G1 UO

   

copy of which is attached hereto as Exhibit “D,” in which M&S purports to cancel the Agreement.

24. Since receiving notification of M&S’ intentions to cancel the Agreement, the
Forers, through counsel, have advised of their intention to close as intended and have otherwise
disputed M&S’ baseless position.

25. The Forers have performed, and were otherwise ready, willing and able to
perform, their obligations under the Agreement and to close on March 15, 2021, and have been
ready, willing and able to close since then as well.

26. M&S has breached the Agreement, and failed to close on March 15, 2021, as

required. As a result, M&S is in default of the Agreement and has breached its obligations

thereunder.

27. Further, since M&S’ breach on or about March 15, 2021, Plaintiffs and M&S have
engaged in negotiations with the hope that M&S would remedy its breach and satisfy its
obligations to close by providing sufficient documentation to allow for M&S to property sign and
notarize closing documents, as required. However, M&S has been unable to satisfy its
obligations in this regard and has instead delayed the closing. Plaintiffs have incurred, and
continue to incur, substantial additional fees for the delayed closing.

28, Pursuant to Section 16(a) of the Agreement, the Forers have requested that M&S
voluntarily participate in the process of engaging in dispute resolution and mediation; however, as

5
KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L., 201 SO. BISCAYNE BLYD., 27" FLOOR, M1AMI, FL 33131 305.379.9000of the date of filing the instant Amended Complaint, no agreement has been reached between the
Forers and M&S to mediate, no date has been scheduled for mediation, nor is it clear at
this point whether M&S is waiving mediation based upon its actions.

29. In sum, M&S failed and refuses to timely consummate the transaction in
accordance with the Asreement and refuses to honor its obligations under the Agreement,

D. The Landlord Breached the Lease Agreement and Addendum

30. As alleged above, Khalil appears to have sold or transferred the Property to M&S
on or about November 20, 2020 without first offering the Plaintiffs the option to purchase the
Property for the same amount Khalil sold to M&S ($10). Khalil’s actions in this regard

constitute a breach of the Lease and Addendum.

31. Further, while it is unclear whether Khalil or M&S remained as the landlord after

Noveiiver 20, 2020, Kiialit aiid Mocs Have taKeii Mie PositiGA tat Me’S iGOK OVE aS tie
landlord for the Property at a certain point, and Plaintiffs have timely made their rent payments
to M&S after Khalil requested they do so.

32. At all times material, Khalil held himself out as the sole agent and authorized
representative of M&S. Khalil never advised Plaintiffs of any other members of M&S, nor did
he advise that he lacked authority to bind M&S. Indeed, Khalil always acted as M&S’
representative in all capacities, including collecting rent from Plaintiffs and signing the
Agiceingit.

33. Moreover, while Plaintiffs and M&S were discussing a potential resolution of
M&S’ breach in order to close the sale of the Property, the parties agreed that Plaintiffs’ rent

payment for April 2021 would be deducted at closing from the sale proceeds. However, while

M&S delayed the closing and failed to satisfy its obligations to close, and while the parties

6
KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L., 201 SO. BISCAYNE BLYD., 27" FLOOR, M1AMI, FL 33131 305.379.9000continued to negotiate a potential resolution, M&S had the audacity to demand that Plaintiffs
immediately pay April rent plus certain unsubstantiated and incorrect “late fees” to M&S.

34. | When Plaintiffs reminded M&S, through counsel, of the above arrangement
concerning April rent being deducted at closing, M&S nonetheless demanded immediate

navment.
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35. Because the payment of April rent is disputed, Plaintiffs offered to pay April rent
to M&S’ counsel to hold in escrow pending the resolution of the pending sale issues and dispute.

M&S’ counsel refused.

36. Therefore, Plaintiffs have no other alternative but to pay April rent into the Court
registry to hold until the outcome of this case. Based upon the facts of this case, it would be

inequitable for M&S to keep April rent without providing the appropriate credit toward the

wal

   

p Of ue Pi
to Plaintiffs as of March 15, 2021.
37. All conditions precedent to this action have occurred, been performed, or otherwise
satisfied by Plaintiffs, or have been waived or excused by the actions or inactions of Defendant.
38. Plaintiffs have retained the undersigned counsel to represent them in this action and
are obligated to pay undersigned counsel reasonable attorneys’ fees and costs for its services.

COUNTI
PECIFIC PERFORMANCE/INJUNCTIVE RELIEF

39. Plaintiffs adopt and reallege the allegations set forth in Paragraphs 1-38 above as if

fully set forth herein, and further allege as follows:

40. This is an action against M&S for specific performance and injunctive relief.

41. — The Agreement is a valid, enforceable contract, which is binding on Defendant.

7
KLuGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L., 201 SO. BISCAYNE BLYD., 27" FLOOR, M1AMI, FL 33131 305.379.900042. The Agreement is clear, definite, and certain in all of its essential elements.

43. Plaintiffs have satisfied all conditions to close and Plaintiffs are ready, willing and
able to perform all remaining obligations under the Agreement, including closing on the sale of
the Property for the agreed-upon purchase price.

AA Tinfredant MOO beanahad tha wn
44. VEICHUGHL MOO ViCACica Wie Tal

    

fial teims of tie Agie
refusing to close the transaction regarding the Property on or before March 15, 2021, as required.

45. Defendant M&S otherwise refuses to honor its obligations under the Agreement.

46. — Section 15(b) of the Agreement allows Plaintiffs to proceed in equity in this Court
to enforce their rights under the Agreement, including specific performance and damages.

47. Plaintiff has no adequate remedy at law because, among other things, the Property
is unique and specific performance must be compelled, requiring M&S to complete the sale of the
Property to Plaintiffs.

48. Moreover, Plaintiffs request that this Court enjoin M&S from selling, transferring,

mortgaging, compromising, wasting, or otherwise burdening the subject Property, or taking any
action which might otherwise prevent Plaintiffs from acquiring clear marketable title to the
Property, with the Property to be preserved in its present condition.

WHEREFORE, Plaintiffs demand that judgment be entered against Defendant, M&S, in
which the Court (a) orders Defendant M&S to specifically perform under the Agreement, (b)
awards Plaintiffs their attorneys’ fees and costs incurred in this action in accordance with the
Agreement, (c) in the absence of M&S’ compliance with the Court’s order that it specifically
perform under the Agreement, enjoin M&S from selling, transferring, mortgaging,
compromising, wasting, or otherwise burdening the subiect Property, or taking any action
which might otherwise prevent Plaintiffs from acquiring clear marketable title to the Property,

8
KLuGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L., 201 SO. BISCAYNE BLYD., 27" FLOOR, M1AMI, FL 33131 305.379.9000with the Property to be preserved in its present condition, (d) damages incidental to the delay
in closing on the Property, and (e) entering such other and further relief in favor of Plaintiffs as
this Court deems just and proper.

COUNT II
BREACH OF CONTRACT (Agreement,

49. Plaintiffs adopt and reallege the allegations set forth in Paragraphs 1-38 above as if

fully set forth herein, and further allege as follows:

50. This is an action against M&S for Breach of Contract.

un

This Claim iS asserted if the altemative to Count 1
52. | The Agreement is a valid, enforceable contract, which is binding on Defendant.
53. Defendant M&S breached the material terms of the Agreement by canceling and
indicating its intention to refuse to close the transaction to purchase the Property on March 15,
2021, as required. As a result, Plaintiffs are entitled to the remedies set forth in Section 15(b) of
the Agreement.
54. Plaintiffs have suffered, and continue to suffer, damages as a direct and proximate
result of Defendant’s breach of contract.
WHEREFORE, Plaintiffs demand that judgment be entered against Defendant,
M&S, for damages, attorneys’ fees and costs incurred in accordance with the Agreement,
interest, and such other and further relief in favor of Plaintiffs as this Court deems just and

proper.

COUNT II
BREACH OF CONTRACT (Lease and Addendum)

55. Plaintiffs adopt and reallege the allegations set forth in Paragraphs 1-38 above as if
fully set forth herein, and further allege as follows:

9
KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L., 201 SO. BISCAYNE BLYD., 27" FLOOR, M1AMI, FL 33131 305.379.900056. — This is an action against Khalil and M&S for breach of the Lease and Addendum.

57. The Lease and Addendum are valid, enforceable contracts, which are binding on
Defendant Khalil and M&S to the extent Khalil assigned such contracts to M&S, as appears to
have been the case.

58. _Detenaaits breached ie iiaterial terns Gf tiie Lease aid Addendum by: a)
failing to provide Plaintiffs the right to exercise their right of first refusal to purchase the Property

for the same price as it appears to have been purchased by M&S ($10); b) failing to property

acknowledge and reflect Plaintiffs’ right to have fifty-percent (50%) of their rental payments to date
count toward the final purchase price for Plaintiffs’ purchase of the Property; and c) transferring the
Lease and Addendum to M&S without authority.

59. Plaintiffs have suffered, and continue to suffer, damages as a direct and proximate
result of Defendants’ breaches of contract.

WHEREFORE, Plaintiffs demand that judgment be entered against Defendants, Khalil
and M&S, for damages, attorneys’ fees and costs incurred in accordance with the Lease,
interest, and such other and further relief in favor of Plaintiffs as this Court deems just and
proper.

COUNT IV
ACTION TO PIERCE THE CORPORATE VEIL

60. Plaintiffs adopt and reallege the allegations set forth in Paragraphs 1-38 above as if
fully set forth herein, and further allege as follows:
61. This is an action to pierce the corporate veil against Khalil.

62. At all times material, and upon information and belief, Khalil acted as the sole

mambar and anth
meiner ana au

 

agant nf ARO Zhalil al
agent Ur iio. Ntiaiit aL

   

10
KLUuGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L., 201 SO. BISCAYNE BLYD., 27" FLOOR, M1AMI, FL 33131 305.379.9000sole and complete authority to bind M&S.

63. | M&S appears to have been used for the purpose of insulating Khalil’s assets from
creditors and for the fraudulent or improper purpose of attempting to avoid liability for Khalil’s
unlawful conduct.

64. — Khalil dominated and controlled M&S to such an extent that M&S was in fact
non-existent and was a mere instrumentality of Khalil. Accordingly, M&S is an alter ego of
Khalil.

65. | M&S’ breaches of the Agreement and the Lease and Addendum are therefore
imputed to Khalil.

66. Khalil used M&S for the fraudulent improper purpose of transferring the Property
to shield this asset from creditors and for other improper purposes.

67. The fraudulent and improper purpose of M&S caused injury to Plaintiffs.

WHEREFORE, Plaintiffs respectfully request that judgment be entered in their
favor piercing the corporate veil of M&S and holding Khalil personally liable for M&S’
breaches of the Agreement, and, as applicable, the Lease and Addendum, and all injunctions,
monetary damages, attorneys’ fees and costs awarded against M&S in this action, and any

other such relief that this Court deems just and proper.

Dated: April 16, 2021

11
KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L., 201 SO. BISCAYNE BLYD., 27" FLOOR, MiAMI, FL 33131 305.379.9000Respectfully submitted,

KLUGER, KAPLAN, SILVERMAN,
KATZEN & LEVINE, P.L.

Counsel for Plaintiffs

Miami Center, 27"" Floor

201 South Biscayne Boulevard

Miami, Florida 33131

Telephone: (305) 379-9000
Facsimile: (305) 379-3428

By:_s/ Michael S. Perse
Michael S. Perse
Fla. Bar No. 603619

mperse@klugerkaplan.com
Michael T. Landen

Fla. Bar No. 161144
mlanden@klugerkaplan.com

CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing will be served on

Defendant at the same time as service of the Summons and Amended Complaint in this action.

12
KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, PLL. 201 SO. BISCAYNE BLYD., 27™ FLOOR, MIAMI, FL 33131 305.379.9000‘Serial: 046759-600159-2671151

Nonlawyer Disclosure tie FloridaRealtors*

 

the landlord or tenant for whom you are filling in the blanks. (If you are 2 filling i in the blanks for bath landlord and
tenant, complete two nonlawyer disclosures and give one to each.)

1. Insert your name in the first 5 blank “Name” spaces and sign below.

2. Have the landlord or tenant whom you are assisting complete the provision regarding her/his ability to read
English, and have her/him sign below.
3. Give this completed disclosure to ihe landtord or tenant, as appropriate. Keep a copy of this completed

Ainalansien anal oll £
UISTIGSUTE GG aii OimS YOU Give tO He yOur GS 107 at Gast 6 years.

      

GEORGE ZAKI told me that he/she is a nonlawyer and may not give legal
(Name)
advice, cannot tell me what my rights or remedies are, cannot tell me how to testify in court, and cannot represent
me in court.

Rule 10-2.1(b) of the Rules Regulating The Florida Bar defines a paralegal as a person who works under
the supervision of a member of The Florida Bar and who performs specifically delegated substantive legal work for
which a member of The Florida Bar is responsible. Only persons who meet the definition may call themselves
paralegals. == GEORGE ZAKI informed me that he/she is not a paralegal as defined by the

(ivamne)
rule and cannot call himself/herself a paralegal.

 

GEORGE ZAKI told me that he/she may only type the factual information
(Name)
provided by me in writing into the blanks on the form. Except for typing, GEORGE ZAKI
(Name)
may | not tell me what to put i in the form and may y not, eos the form for me. However, if f using a form approved

ay ine Supreme Coiiit oF Fiofaa, Ss may ask me Taciual questions io Tin
(Name)
the blanks on the form and may also tell me how to file the form.

Landlord or Tenant:

¥ can read English.

I cannot read English but this notice was read to me by
(Name)
in which I understand.
(Language)

same khalil
Landlord or Tenant signature
george gake Justin Forer

Licensee signature Landlord or Tenant signature

ND-2_Rev 7/13, ©2013 Florida Realtors®

 

ecronicaty signed using eSIgnUmINe™ | SESSION IU: 11 /1C/Z-2220-4005-¥0ERIECADDCS 3/8 I}ecronicaty signed using eSIgnUmINe™ | SESSION IU: 11 /1C/Z-2220-4005-¥0ERIECADDCS 3/8 I}

Residential Lease for Single Family Home or Duplex : 7
(FOR A TERM NOT TO EXCEED ONE YEAR) ‘ FloridaRealtors

ABOX ([___]) OR A BLANK SPACE INDICATES A PROVISION WHERE A CHOICE OR DECISION MUST BE MADE BY THE
PARTIES.

 

THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE
GOVERNED BY CHAPTER 83, PART II, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTES. A COPY OF THE
RESIDENTIAL LANDLORD AND TENANT ACT IS ATTACHED TO THIS LEASE.

 

 

   

 

 

 

 

1. PARTIES. This is a lease (the “Lease") between SAMY KHALIL
(name and address of owner of the property)
("Landlord") and
JUSTIN AND MORGAN FORER
(rame(s) of person(s) to whom the property Is leased)
("Tenant").
Landlord's E-mail Address: samy5553@yahoo.com
Landlord's Telephone Number: 917-749-5557
‘anmntin © antl Aeltennns
Tenaits E-iman AGGIES:
Tenant's Telephone Number:
2. PROPERTY RENTED. Landlord leases to Tenant the land and buildings located at 920 JASMINE DRIVE
(street address)
DELRAY BEACH Florida 33483
(zip code)

together with the following furniture and appliances [List all furniture and appliances. If none, write "none."] (In the Lease, the property
leased, including furniture and appliances, if any, is called the “Premises"):

 

 

The Premises shall be occupied only by the Tenant and the following persons:

 

3. TERM. This is a lease for a term, not to exceed twelve months, beginning on August 1, 2020 and
: (month, day, year)
ending April 30, 2021 (the "Lease Term").
(month, day, year)

4, RENT PAYMENTS, TAXES AND CHARGES. Tenant shall pay total rent in the amount of $82,800.00 (excluding taxes) for the
Lease Term. The rent shall be payable by Tenant in advance in installments or in full as provided in the options below:

CO in installments. If in installments, rent shall be payable

, on the 1 day of each month (if left blank, on the first day of each month) in the amount of
2 FOE per installment.

OR
DO weekly, on the day of each week (If left blank, on Monday of each week.) in the amount of $.
pei misiaument.
O in full on in the amount of $.

(date)
Tenant JF_) ME) and Landlord ( 7 d¢ ) acknowledge receipt of a copy of this page, which is Page 1 of 18.

RLHD-3x__Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
‘Serial: 046759-600159-2671151ecronicaty signed using eSIgnUmINe™ | SESSION IU: 11 /1C/Z-2220-4005-¥0ERIECADDCS 3/8 I}

Tenant shall also be obligated to pay taxes on the rent when applicable in the amount of $. with each rent installment
C with the rent for the full term of the Lease. Landlord will notify Tenant if the amount of the tax changes.

Payment Summary

[X] If rent is paid in installments, the total payment per installment including taxes shall be in the amount of $8,200.00 .
O If rent is paid in full, the total payment including taxes shall be in the amount of $. .

All rent payments shall be payable to SAMY KHALIL at

(rame)
13 DUKE DR NEW HYDE PARK NY 11040 1207 . (If left blank, to Landlord at Landlord's address.)

(address)
(If the tenancy starts on a day other than the first day of the month or week as designated above, the rent shall be prorated from

 

through in the amount of $. and shall be due
(date) (date)

on . (If rent paid monthly, prorate on a 30-day month.)
(date)

Tenant shall make rent payments required under the Lease. Ry 1 SRRRRE all applicable) [] cash, 1) personal check, Llmoney order,
1 cashier's check, or [] other A\ (specify). If payment is accepted by any
means other than cash, payment is not considered made until the other instrument is collected.

If Tenant makes a rent payment with a worthless check, Landlord can require Tenant [Xl to pay all future payments by [] money
order, cashier's check, or official bank check or _O cash or other (specify)

and (1 to pay bad check fees in the amount of $20. 0 (not to exceed the amount prescribed by Section 68.065, Florida
Statutes).

5. MONEY DUE PRIOR TO OCCUPANCY. Tenant shall pay the sum of $27,600.00 _in accordance with this paragraph prior to
occupying the Premises. Tenant shall not be entitled to move in or to keys to the Premises until all money due prior to occupancy has
been paid. If no date is specified below, then funds shall be due prior to Tenant occupancy. Any funds designated in this paragraph due

aftar areunaney hall ha naid acrarr Any funde due under all ha navabla ta Landlord at | andlard’e addrace or
Ener COCUPENCy, Site 2S pare SCCCr oy ramus Gue Una an Oe payaure to Lonuora at Lonaoras auarose oF

   

 

 

to
(name)
at
(address)
First [x] month's [] week's rent plus applicable taxes $ 9,200.00 due 06/23/2020

 

o
2
e
G

 

Proraiea rent plus aj

Advance rent for [x] month [] week of

 

 

 

 

 

 

 

LAST MONTH plus applicable taxes $ 9,200.00 que 08/01/2020
Last [J month's [] week's rent plus applicable taxes $ due
Security deposit $ 9,200.00 que 08/01/2020
Additional security deposit $ due
Security deposit for homeowners’ association $ due
Pet Deposit $ due
Other, $ due
Other, $ due

 

tenant UF _)MMF_) and Landlord eF_) ¢ ) acknowledge receipt of a copy of this page, which is Page 2 of 18.

RLHD-3x__Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
‘Serial: 046759-600159-2671151ecronicaty signed using eSIgnUmINe™ | SESSION IU: 11 /1C/Z-2220-4005-¥0ERIECADDCS 3/8 I}

6. LATE FEES. (Complete if applicable) In addition to rent, Tengnt shall pay a late charge in the amount of $150.00 (If left
blank, 4% of the rent payment) for each rent payment made days after the day it is due (if left blank, 5 days if rent is paid
monthly, 1 day if rent is paid weekly).

 

7. PETS AND SMOKING. Unless this box [] is checked or a pet deposit is paid, Tenant may not keep pets or animals on the
Premises. If Tenant may keep pets, the pets described in this paragraph are permitted on the Premises.

 

(Specify number of pets, type(s), breed, maximum adult weight of pets.)

Unless this box [1] is checked, no smoking is permitted in the Premises.

 

 

8. NOTICES.

is Landlord's Agent. All notices must be sent to
J Landlord at _ 13 DUKE DR NEW HYDE PARK NY 11040 1207
© Landiord’s Agent at

 

unless Landlord gives Tenant written notice of a change. All notices of such names and addresses or changes thereto shall be delivered
to the Tenant's residence or, if specified in writing by the Tenant, to any other address. All notices to the Landlord or the Landlord's Agent
(whichever is specified above) shall be given by U.S. mail or by hand delivery.

Any notice to Tenant shall be given by U.S. mail or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a notice
to Tenant may be given by leaving a copy of the notice at Premises.

9. UTILITIES. Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating
existing utility connections to the Premises except for , that Landlord agrees to
provide at Landlord’s expense (If blank, then “NONE”).

10. MAINTENANCE. Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for
maintenance and repair of the Premises, unless otherwise stated below: (Fill in each blank space with "Landlord" for Landlord or
"Tenant" for Tenant, if left blank, Landlord will be responsible for the item):

 

    

 

 

 

 

Landlord/Tenant Landlord/Tenant Landlord/Tenant Landlord/Tenant
O  toofs & O windows & O © screens O- steps
& O doors & O floors & Os porches & Os exterior walls
& O foundations & 1 plumbing & O _ structural components
& O__sheating &) O __hotwater & 1 stunning water & 1 locks and keys
& Cs electrical system & 1 cooling & (1 smoke detection
devices
QO garbage removal/ outside receptacles
oO extermination of rats, mice, roaches, ants and bedbugs
& 2 exte of wood-destraving or
& 0 __slawn/shrubbery & 0 __pool/spa/hot tub
oO x] water treatment Oo x] filters (specify) AIR CONDITIONR FILTERS
O sceilings & (1 _ interior walls
oO 1 Other (specify)
Tenant shall notify SAMY KHALIL at 13 DUKE DR NEW HYDE PARK NY 11040 1207
(name) (address)
(if left blank, Landlord at Landlord’s address) and of maintenance and repair requests.
(lelephone number)

11. ASSIGNMENT. Unless this box [] is checked, Tenant may not assign the Lease or sublease all or any part of the Premises
without first obtaining the Landlord's written approval and consent to the assignment or sublease.

12. KEYS AND LOCKS. Landlord shall furnish Tenant
2 # of sets of keys to the dwelling
ane

w Or ian DOX KEYS

________ # of garage door openers

 

Tenant WF) we) and Landlord cf) ¢ ) acknowledge receipt of a copy of this page, which is Page 3 of 18.

RLHD-3x__Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
‘Serial: 046759-600159-2671151ecronicaty signed using eSIgnUmINe™ | SESSION IU: 11 /1C/Z-2220-4005-¥0ERIECADDCS 3/8 I}

If there is a homeowners’ association, Tenant will be provided with the following to access the association's common areas/facilities:

# of keys to
# of remote controls to
#of electronic cards to

 

 

 

 

 

other (specify) to
At end of Lease Term, all items specified in this paragraph shall be returned to
(name)
at (If left blank, Landlord at Landlord's address).
(address)

13. LEAD-BASED PAINT. L] Check and complete if the dwelling was built before January 1, 1978. Lead Warning Statement (when
used in this article, the term Lessor refers to Landlord and the term Lessee refers to Tenant).

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed
properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must
disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a
federally approved pamphlet on lead poisoning prevention.

Lessor's Disclosure (initial)

sk (a) Presence of lead-based paint or lead-based paint hazards (check (i) or (ii) below):
i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).

 

 

(i)____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

sk (b) Records and reports available to the Lessor (check (i) or (ii) below):
(i) Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint and/or
lead-based paint hazards in the housing (list documents below).

 

 

 

(ii)_(__Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in
the housing.

Lessee's Acknowledgment (initial)

(c) Lessee has received copies of all information listed above.
(d) Lessee has received the pamphlet Protect Your Family From Lead in Your Home.

Agent's Acknowledgment (initial)

(e) Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility
to ensure compliance.

Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by
the signatory is true and accurate.

   

 

 

 

men EP aoe odin Lanen 612119090 10-14 PM EDT
samy Ragu VEST ORI manaeee teeemeet
Less¢'s signature Date Lessor's signature Date
Morgan Forer 6/21/2020 10:42 PM EDT
Lessee's signature Date Lessee's signature Date
george zaki 06/20/2020
Agent's signature Date Agent's signature Date

14, SERVICEMEMBER, If Tenant is 2 member of the United States Armed Forces on active duty or state active duty or a member of
the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Lease as provided in Section
83.682, Florida Statutes, the provisions of which can be found in the attachment to this Lease.

Tenant F (MF, and Landlord cf_) ( ) acknowledge receipt of a copy of this page, which is Page 4 of 18.

RLHD-3x__Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
‘Serial: 046759-600159-267115115. LANDLORD'S ACCESS TO THE PREMISES. Landlord's Agent may enter the Premises in the following circumstances:

A. At any time for the protection or preservation of the Premises.

B. After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises.

C. To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply

agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors

under any of the following circumstances:
(1) with Tenant's consent;
(2) in case of emergency;
(3) when Tenant unreasonably withholds consent; or
(4) if Tenant is absent from the Premises for a period of at least one-half a rental installment period. (If the rent is
current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant's consent or
for the protection or preservation of the Premises.)

16. HOMEOWNERS’ ASSOCIATION. IF TENANT MUST BE APPROVED BY A HOMEOWNERS’ ASSOCIATION
(“ASSOCIATION”), LANDLORD AND TENANT AGREE THAT THE LEASE IS CONTINGENT UPON RECEIVING APPROVAL FROM
THE ASSOCIATION, ANY APP! CATION FEE RE REN RY AN assoc TION SHAL RE pain RV aq L ANDI orn
oO TENANT. IF SUCH APPROVAL IS NOT OBTAINED PRIOR TO COMMENCEMENT ( OF LEASE TERM, EITHER PARTY MAY
TERMINATE THE LEASE BY WRITTEN NOTICE TO THE OTHER GIVEN AT ANY TIME PRIOR TO APPROVAL BY THE
ASSOCIATION, AND IF THE LEASE IS TERMINATED, TENANT SHALL RECEIVE RETURN OF DEPOSITS SPECIFIED IN ARTICLE
5, IF MADE. If the Lease is not terminated, rent shall abate until the approval is obtained from the association. Tenant agrees to use due
diligence in applying for association approval and to comply with the requirements for obtaining approval. 0 Landlord 1 Tenant
shall pay the security deposit required by the association, if applicable.

 

          

17. USE OF THE PREMISES. Tenant shall use the Premises for residential purposes. Tenant shall have exclusive use and right of
possession to the dwelling. The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and all
covenants and restrictions affecting the Premises and ail ruies and reguiations of homeowners’ associations affecting the Premises.
Tenant may not paint or make any alterations or improvements to the Premises without first obtaining the Landlord's written consent to the
alteration or improvement. However, unless this box [1 is checked, Tenant may hang pictures and install window treatments in the
Premises without Landlord’s consent, provided Tenant removes all such items before the end of the Lease Term and repairs all
damage resulting from the removal. Any improvements or alterations to the Premises made by the Tenant shall become Landlord’s
property. Tenant agrees not to use, keep, or store on the Premises any dangerous, explosive, toxic material which would increase the
probability of fire or which would increase the cost of insuring the Premises.

18. RISK OF LOSS/INSURANCE.
A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct.

B. Tenant should carry insurance covering Tenant's personal property and Tenant's liability insurance.

19. PROHIBITED ACTS BY LANDLORD. Landlord is prohibited from taking certain actions as described in Section 83.67, Florida
Statutes, the provisions of which can be found in the attachment to this Lease.

20. CASUALTY DAMAGE. If the Premises are damaged or destroyed other than by wrongful or negligent acts of Tenant or persons
‘on the Premises with Tenant's consent, so that the use of the Premises is substantially impaired, Tenant may terminate the Lease
within 30 days after the damage or destruction and Tenant will immediately vacate the Premises. If Tenant vacates, Tenant is not liable for
rent that would have been due after the date of termination. Tenant may vacate the part of the Premises rendered unusable by the
damage or desiruction, in whicn case Tenant's y for rent snail be reduced by ine fair rental vaiue of tne part of the Premises inat
was damaged or destroyed.

21. DEFAULTS/REMEDIES. Should a party to the Lease fail to fulfill their responsibilities under the Lease or need to determine
whether there has been a default of the Lease, refer to Part Il, Chapter 83, entitled Florida Residential Landlord and Tenant Act which
contains information on defaults and remedies. A copy of the current version of this Act is attached to the Lease.

 

22. SUBORDINATION. The Lease is automatically subordinate to the lien of any mortgage encumbering the fee title to the Premises
from time to time.

 

1 10 Li
THE TENANT AS PROVIDED IN SECTION 713.10, FLORIDA STATUTES. Tenant shall notify all parties performing work on the
Premises at Tenant's request that the Lease does not allow any liens to attach to Landlord's interest.

 

24. RENEWAL/EXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and
Tenant, but the term of a renewal or extension together with the original Lease Term may not exceed one year. A new lease is required
for each year.

25. TENANT'S TELEPHONE NUMBER. Tenant shall, within 5 business days of obtaining telephone services at the Premises, send
written notice to Landlord of Tenant's telephone numbers at the Premises.

26. ATTORNEYS' FEES. In any lawsuit brought to enforce the Lease or under applicable law, the party in whose favor a judgment or
decree has been rendered may recover reasonable court costs, including attorneys’ fees, from the non-prevailing party.

tenant _) MF) and Landlord cf) ¢ ) acknowledge receipt of a copy of this page, which is Page 5 of 18.

RLHD-3x__Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
‘Serial: 046759-600159-2671151

 

ecronicaty signed using eSIgnUmINe™ | SESSION IU: 11 /1C/Z-2220-4005-¥0ERIECADDCS 3/8 I}ecronicaty signed using eSIgnUmINe™ | SESSION IU: 11 /1C/Z-2220-4005-¥0ERIECADDCS 3/8 I}

27. MISCELLANEOUS.
A. Time is of the essence of the performance of each party's obligations under the Lease.
B. The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted
assigns of Landlord and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever used, the singular
number shall include the plural or singular and the use of any gender shall include all appropriate genders.
C. The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or
terminated orally.
D. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord.
E. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease
shall be determined pursuant to the laws of Florida.
F. A facsimile copy of the Lease and any signatures hereon shall be considered for all purposes originals.
G. As required by law, Landlord makes the following disclosure: "RADON GAS." Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county health department.

28. BROKERS' COMMISSION. [I Check and complete if applicable. The brokerage companies named below will be paid the
commission set forth in this paragraph by I Landlord 1 Tenant for procuring a tenant for this transaction.

GEORGE ZAKI CYNTHIA G WOHL.
Real Estate Licensee Real Estate Licensee
RELIABLE REALTY BEX REALTY LLC
Real Estate Brokerage Company Real Estate Brokerage Company
5% 5%
Commission Commission

29, TENANT'S PERSONAL PROPERTY. TENANT MUST INITIAL IN THIS BOX [___] FOR THE FOLLOWING PROVISION TO
APPLY. 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 THE LAST REMAINING TENANT, AS PROVIDED
BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR
DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

The Lease has been executed by the parties on the dates indicated below.

 

 

 

 

 

 

 

 

 

samy khalil 06/20/2020
Landlord's Signature Date
Landlord's Signature Date

Date
Uostin Forer 6/21/2020 10:15 PM EDT
Tenant's Signature Date

Morgan Forer 6/21/2020 10:42 PM EDT

Tenant's Signature Date
This form was completed with the assistance of:
Name of Individual: GEORGE ZAKI
Name of Business: RELIABLE REALTY INC.
Address:
Telephone Number: 561-239-0326

 

Copy of Current Version of Florida Residential Landlord and Tenant Act, Part Il, Chapter 83, Florida Statutes to Be Attached

Tenant Vial ) uF) and Landlord ¢ . d¢ ) acknowledge receipt of a copy of this page, which is Page 6 of 18.

RLHD-3x__Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
‘Serial: 046759-600159-2671151Early Termination Fee/Liquidated Damages Addendum

C lagree, as provided in the rental agreement, to pay $ (an amount that does not exceed two months’ rent) as
liquidated damages or an early termination fee if | elect to terminate the rental agreement and the landlord waives the right to seek
additional rent beyond the month in which the landlord retakes possession.

[K] Ido not agree to liquidated damages or an early termination fee, and | acknowledge that the landlord may seek damages as
provided by law.

 

 

 

 

 

samy khalil 06/20/2020
Landtord’s Signature Date

Landlord's Signature Date

Landlord's Signature Date
Uostin Forer 6/21/2020 10:17 PM EDT
Tenant's Signature Date

o. - Tel tatatdalat tala ab
Morgan Forer Bi21i2026 142 PM EDT
Tenant's Signature Date

Tenant JF ) UF) and Landlord ( sk d¢ ) acknowledge receipt of a copy of this page, which is Page 7 of 18.

RLHD-3x__Rev 7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar.
‘Serial: 046759-600159-2671151

 

ecronicaty signed using eSIgnUmINe™ | SESSION IU: 11 /1C/Z-2220-4005-¥0ERIECADDCS 3/8 I}Florida Residential Landlord and Tenant Act
PART II

RESIDENTIAL TENANCIES

83.40 Short title.

83.41 Application.

83.42 Exclusions from application of part.

83.43 Definitions.

83.44 Obligation of good faith.

83.45 Unconscionable rental agreement or provision.

83.46 Rent; duration of tenancies.

83.47 Prohibited provisions in rental agreements.

83.48 Attorney fees.

83.49 Deposit money or advance rent; duty of landlord and tenant.
83.50 Disclosure of landlord's address.

83.51 Landlord's obligation to maintain premises.

83.52 Tenant's obligation to maintain dwelling unit.

83.53 Landlord's access to dwelling unit.

83.535 Flotation bedding system; restrictions on use.

83.54 Enforcement of rights and duties; civil action; criminal offenses.
83.55 Right of action for damages.

83.56 Termination of rental agreement.

83.561 Termination of rental agreement upon foreclosure.

83.57 Termination of tenancy without specific term.

83.575 Termination of tenancy with specific duration.

83.58 Remedies; tenant holding over.

83.59 Right of action for possession.

83.595 Choice of remedies upon breach or early termination by tenant.
83.60 Defenses to action for rent or possession; procedure.

83.61 Disbursement of funds in registry of court; prompt final hearing.
83.62 Restoration of possession to landlord.

83.625 Power to award possession and enter money judgment.
83.63 Casualty damage.

83.64 Retaliatory conduct.

83.67 Prohibited practices.

83.681 Orders to enjoin violations of this part.

83.682 Termination of rental agreement by a servicemember.
83.683 Rental application by a servicemember

83.40 Short title. -This part shall be known as the "Florida Residential Landlord and Tenant Act."
History. --s. 2, ch. 73-330.

 

 

83.41 Application. —This part applies to the rental of a dwelling unit.
History. --s. 2, ch. 73-330; ss. 2, 20, ch. 82-66.

83.42 Exclusions from application of part. --This part does not apply to:

(1) Residency or detention in a facility, whether public or private, when residence or detention is incidental to the provision of medical,
geriatric, educational, counseling, religious, or similar services. For residents of a facility licensed under part II of chapter 400, the
provisions of s. 400.0255 are the exclusive procedures for all transfers and discharges.

(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part in which the buyer has paid at least 12 months’
rent or in which the buyer has paid at least 1 month's rent and a deposit of at least 5 percent of the purchase price of the property.

(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a mobile home
park,

(4) Occupancy by a holder of a proprietary lease in a cooperative apartment.

(5) Occupancy by an owner of a condominium unit.

History. --s. 2, ch. 73-330; s. 40, ch. 2012-160; s. 1, ch. 2013-136.

83.43 Definitions. --As used in this part, the following words and terms shall have the following meanings unless some other meaning is
plainly indicated:

(1) "Building, housing, and health codes" means any law, ordinance, or governmental regulation concerning health, safety, sanitation or
fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance, of any dwelling unit.

(2) "Dwelling unit" means:

(a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons
who maintain a common household.

(bd) A mobiie home renied by a tenant.

(c) A structure or part of a structure that is furnished, with or without rent, as an incident of employment for use as a home, residence, or
sleeping place by one or more persons.

(3) "Landlord" means the owner or lessor of a dwelling unit.

(4) mE Ee iF person entitled to occupy a dwelling unit under a rental agreement.

Tenant ) and Landlord ( * ) (____) acknowledge receipt of a copy of this page, which is Page 8 of 18.

‘Serial: 046759-600159-2671151

 

 

ecronicaty signed using eSIgnUmINe™ | SESSION IU: 11 /1C/Z-2220-4005-¥0ERIECADDCS 3/8 I}(5) "Premises" means a dwelling unit and the structure of which it is a part and a mobile home lot and the appurtenant facilities and
grounds, areas, facilities, and property held out for the use of tenants generally.

(6) "Rent" means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments
due the landlord from the tenant as may be designated as rent in a written rental agreement.

(7) "Rental agreement" means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1
year, providing for use and occupancy of premises.

(8) ‘Good