Filing# 197899044 E-Filed 05/08/2024 02:53:30 PM

IN THE CIRCUIT COURT OF THE

17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CURRAN LIVING TRUST, a Florida
trust,
Case No.:
plaintiff,

JANICE TURNER, a natural person,

Defendant,
'

COMPLAINT

CURRAN
Plaintiff; LIVING TRUST ("Plaintiff')
by and through undersigned counsel,

sues Defendant, JANICE TURNER ("Defendant") for damages for breach of contract, and in

support thereof states:

Parties & Venue

1. This is an action for monetary damages.

2. Plaintiffis a Florida trust which owns the property that is the subjectofthe parties'

lease agreement.

3. Upon information and belief,Defendant is a resident of Broward County and is

otherwise sui juris.

4. Venue is appropriatein this forum, pursuant Fla. Stat. §47.011, because the subject

property is located in this County.

General Allegations

5. Plaintiffis the owner ofthe following described real property, which is the subject

ofthis action (the"Property").

Harrington Legal Alliance

Attorneys at Law

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/08/2024 02:53:28 PM.****
 Site Address: 3325 NE 18 STREET FORT LAUDERDALE, 33305-3720

Legal Description: Lot 5, Block 16, LAS OLAS BY THE SEA

EXTENSION, a subdivision according to the platthereof recorded in Plat
Book 7, Page 25, ofthe Public Records ofBroward County, Florida.

Parcel Identification: 494331020640

(the"Property").

6. On or about October 27,2022, Plaintiff and Defendant signed a lease agreement

(the "Agreement") whereby Defendant agreed to lease the Property for residential purposes.

"Exhibit A',,

7. The Agreement was set to begin on October 27,2022 and end on October 26,2023.

8 Pursuant to the terms of the Agreement, Defendant was obligatedto pay total rent

in the amount of $300,000.00 (excluding taxes),in monthly installments of $25,000.00, on or

before the first day of each month.

9- Defendant breached the Agreement on or about June, 1 to pay rent

2023, by failing

as requiredfor that month or any month thereafter.

10. Furthermore, Defendant vacated the Property priorto the expirationof the lease

term, without providingnotice to Plaintiff or paying the past-duerents.

11. All conditions precedenthereto has been satisfied.

COUNT I: BREACH OF LEASE AGREEMENT

12. The forgoingparagraphs 1-11 are incorporatedas if fullyset forth here.

13. This is a cause for breach of agreement allegedin addition or alternative to other

causes set forth herein.

14. The partiesare governed by the fully-executedAgreement.

2
Harrington Legal Alliance
Attorneys at Law
 15. Defendant's failure to pay rent in accordance with the terms of the Agreement

constitutes a material breach of the same.

16. Additionally,Defendant's early departure from the Property was not an agreed

surrender since the same was without notice to, or consent from, Plaintiff.

17. Accordingly,Defendant remains responsiblefor all rents due through the end ofthe

term of the Agreement.

18. As a direct and proximate result of Defendant's breach, Plaintiff has suffered

damages in the form o f four (4)months of unpaid rent.

19. Pursuant the ternls of the Agreement, four (4) months of rent is equal to

$100,000.00.

WHEREFORE, Plaintiff respectfullyrequest the followingrelief:

(i) Monetary damages in an amount to be determined by the trier of fact but

not less than $100,000.00.

(ii) prejudgment and post-judgment interest as allowed by law; and

(iii) costs and attorney's

fees as provided under the Agreement;

along with such other relief as this Court deems justand proper.

Respectfullysubmitted by:

HARRINGIONIJF?GALAUIANCE
311 Golf Road #1200
West Palm Beach FL 33407
T: (561) 253-6690
F: (561) 475-2140
E: [email protected]

Byi /s/ Jeff Harrinjzton

JeffreyHarrington
FBN: 55981

3
Harrington Legal Alliance
Attorneys at Law
IBIT "A ,,
DocuSign Envelope ID: 032F0DBD-AB16-4D5B-9671-849EE53E30D7

Nonlawyer Disclosure BRCK=ZS

REAL ESTATE WI [ H REAL VALUE
Instructions to Licensee: Before you begin to complete the next form, you must give this nonlawyer disclosure to
whom you are filling
the Iandlord or tenant for in the blanks for both Iandlord and tenant,
in the blanks. (Ifyou are filling

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 Iandlord or tenant whom you are assistingcomplete the provision regarding to read English,
her/his ability
and have her/him sign below.
3. Give this completed disclosure to the Iandlord or tenant, as appropriate. Keep a copy of this completed disclosure
and all forms you give to the Iandlord or tenant in your files for at least 6 years.

-----------------------------------------------------------------------------------

Jonathan Krystofik 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 testifyin 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, an out-of-state lawyer engaged in the authorized practice of law in
Florida, or a foreign lawyer engaged in the authorized practice of law in Florida, and who performs specifically

delegated substantive legal work for which the supervising lawyer is responsible. Only persons who meet the
definition may call themselves paralegals. Jonathan Krystofik informed me that he/she is

(Name)
not a paralegal as defined by the rule and cannot call himself/herself a paralegal.

Jonathan Krystofik 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, Jonathan Krystofik
(Name)
may not tell me what to put in the form and may not complete the form for me. However, if using a form approved
by the Supreme Court of Florida, Jonathan Krystofik may ask me factual questions to fillin

(Name)
the blanks on the form and may also tell me how to file the form.

Landlord or Tenant:

I can read English.

I cannot read English but this notice was read to me by

(blame)
in which I understand.
(Language) -DocuSigned by:

N-EE&9DO0AFSOEADC.
Lafim-dfd or-T@nant signature

-DocuSigned by:

Mah-Kmatk
UMYBMmtu re Landlord or Tenant signature

ND-3 Rev 4/22 @2022 Florida Realtors@

028664-500166-5866649 .
Serial#:
Form
Simplicity
DocuSign Envelope ID: 032F0DBD-AB16-4D5B-9671-849EE53E30D7

Home or Duplex
Residential Lease for Single Family BROKERS
EAL STATE WITH REAL VALUE
(FOR A TERM NOT TO EXCEED ONE YEAR)
R E

A BOX ( ) OR A BLANK SPACE L?) 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 Il, 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 Curran Living Trust 3325 NE 18th St Fort Lauderdale FL 33305
(name and address of owner of the property)

Curran Living Trust

("Landlord") and

(name(s) of person(s) to whom the property is leased)

JaniceTurner
("Tenanf').

Landlord's E-mail Address: [email protected]

Landlord's Telephone Number: 732-688-1384

Tenant's E-mail Address: [email protected]

Tenant's Telephone Number: 954-770-4578

2. PROPERTY RENTED. Landlord leases to Tenant the land and buildings located at 3325 NE 18th St
(street address)

Fort Lauderdale , Florida 33305

(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"):

Fully Furnished/Turn Key/Inventoried, and Documented. The home is to be returned in its move in condition at the end of

the Lease, and professionaly cleaned at the cost of the Tenant.

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

3. TERM. This is a lease for a term, not to exceed twelve months, beginning on
October 27,2022 and
(month, day, year)
October 26,2023
ending (the "Lease Term").
(month, day, year)

4. RENT PAYMENTS, TAXES AND CHARGES. Tenant shall pay total rent in the amount of $300,000.00 (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:

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

@ monthly, on the
1 st
day of each month (if left blank, on the first day of each month) in the amount of
$ per installment.

OR
0 weekly, on the day of each week (If left blank, on Monday of each week.) in the amount of $
per installment.

0 in full on DS in the amount of $

?@?i
(date)

Tenant( ) and Landlorc (-) ) 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.
028664-500166-5866649 .
Serial#:
Form
Simplicity
DocuSign Envelope ID: 032F0DBD-AB16-4D5B-9671-849EE53E30D7

Tenant shall also be obligated to pay taxes on the rent when applicable in the amount of $0.00 E with each rent installment
O with the rent for the full term of the Lease. Landlord will notify Tenant if the amount of the tax changes.

Payment Summary

[%] If rent is paid in installments, the total payment per installment including taxes shall be in the amount of $25,000.00

0 If rent is paid in full,the total payment including taxes shall be in the amount of $

All rent payments shall be payable to Atlantic Coast Managment & Consultancy Firm LLC at

(name)
.
(Ifleft blank, to Landlord at Landlord's address.)
(address)
0 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

October 27,2022 October 31, 2022 the amount k4,166.67

of $' and shall be due
through in

(date) (date)

on October 27,2022 .
(Ifrent paid monthly, prorate on a 30-day month.)
(date)

Tenant shall make rent payments required under the Lease by. (choose all applicable) ? cash, [#] personal check, R] money order,
[#] cashier's check, or [#] other Wire If payment is accepted by any
(specify).
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 to pay all future payments by money O O
order, cashier's check, or official bank check or 0
--cps-h.or other (specify)
and ?
to pay bad check fees in the amount of $300.00 (not to exceed the amount prescribed by Section 68.065, Florida
Statutes).

5. MONEY DUE PRIOR TO OCCUPANCY. Tenant shall pay the sum of $50,000.00 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
after occupancy, shall be paid accordingly. Any funds due under this paragraph shall be payable to Landlord at Landlord's address or

to Atlantic Coast Managment & Cunsultancy Firm LLC

(name)

at 1711 NE 42nd St Oakland Park FL

(address)

First IT month's m week's rent plus applicable taxes $ 25,000.00 due 10/27/2022

Prorated rent plus applicable taxes $ due

Advance rent for 0 month 0 week of

plus applicable taxes $ due

Last 0 month's m week's rent plus applicable taxes $ due

Security deposit $ due

Additional security deposit $ due

25,000.00 10/27/2022
Security deposit for homeowners' association $ due

Pet Deposit $ due

Other $ due

Other $ due

-DS

Tenant( ) <-) and Landlordlf I,A ) 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.
028664-500166-5866649 .
Serial#:
Form
Simplicity
DocuSign Envelope ID: 032F0DBD-AB16-4D5B-9671-849EE53E30D7

(Ifleft
t?.If-?5.EEAE?0?p'ftlif? T?fEE'tln a??,Et???r?e?nt,
blank, 4% of the rent payment) for each rent payment made
Ten?nt
sha?ll
p?IZ'3!?3???
days after the day
t??amc:nL22
i?due (if blank, 5 days it is left if rent is paid
monthly, 1 day if rent is paid weekly).

7. PETS AND SMOKING. Unless this box O 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.

No Pets, or Smoking Are Permitted

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

Unless this box O is checked, no smoking is permitted in the Premises.

8. NOTICES.

Jonathan Krystofik is Landlord's All notices must be sent to

Agent.

0 Landlord at

IT Landlord's Agent Jonathan Krystofik at 1711 NE 42nd St Oakland Park FL 33334

unless Landlord gives Tenant written notice of a change. All notices of such names and addresses or changes thereto shall be delivered
to theTenant's residence or, if specified in writingby 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 thq-Lease Term and.connection charges and deposits for activating

existing utilityconnections to the Premises except for Tenant To Pay All Utilities
, that Landlord agrees to
provide at Landlord's expense (Ifblank, 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: (Fillin 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

roofs O windows ? El screens C] steps
doors O floors I O porches C] exterior walls
foundations E O plumbing QO 0 structural components
heating 0 hot water @ O running water @ El locks and keys
electrical system Il @ cooling m E smoke detection
devices
garbage removal/ outside receptacles
extermination of rats, mice, roaches, ants and bedbugs
extermination of wood-destroying organisms
lawn /shrubbery EI 81 pool/spa/hot tub
water treatment CI @ filters
(specify)
TENANT TO PAY ALL UTILITES AND POOL SERVICE.
ceilings ? . 0 interiorwalls
Whter/Sewer/Electric/Internet & Cable/Trash/Pool Service All Paid by Tenant
Other (specify)

Tenant shall notify Jonathan Krystofik at 1711 NE 42nd St Oakland Park FL 33334
(name) (address)

484-576-7968 maintenance and repair requests.

(ifleft blank, Landlord at Landlord's address) and of
(telephone number)

11. ASSIGNMENT. Unless this box E 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

1
# of sets of keys to the dwelling
0 # of mail box keys
1
# of garage door openers
Fle
Tenant ( ,/ ) and Landlor?(/'??%5j
c--J 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.
028664-500166-5866649 .
Serial#:
Form
Simplicity
DocuSign Envelope ID: 032F0DBD-AB16-4D5B-9671-849EE53E30D7

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 Door Combination Will Be Provided To Tenant For Entry

At end of Lease Term, items specified in this shall be returned to Jonathan Krystofik
all paragraph
(name)
at
1711 NE 42nd St Oakland Park FL 33334
(Ifleft blank, Landlord at Landlord's address).
(address)

13. LEAD-BASED PAINT. E

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
federallyapproved pamphlet on lead poisoning prevention.

Lessor's Disclosure (initial)

(a) Presence of lead-based paint or lead-based paint hazards (check (i)or (ii)below):
(i) 0
Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).

(ii) 0 Lessor has no knowledge of lead-based paint and/or lead-based paint hazards the housing. in

(b) Records and reports available to the Lessor (check (i)or (ii)below):
(i) O Lessor has provided the Lessee with available records and reports pertaining to lead-based paint and/or
all

lead-based paint hazards in the housing (listdocuments 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 Fami/y From Lead in Your Home.

#646 Acknowledgment (initial)

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

Certification ofAccuracy
The following parties have reviewed the information above and certify,
to the best of their knowledge, that the information provided by

rtheeippt@r*:istrue and accurate.

MG@M 10/16/2022

Date Lessor's signature Date

te*§8PB*io;fi*Nlre

Lessee's signature Date Lessee's signature Date

Agent's signature Date Agent's signature Date

14. SERVICEMEMBER. If Tenant is a 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 can be found in the attachment to this Lease.
z'hlph
Tenant( ) and Landlordj' ) 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.
028664-500166-5866649 .
Serial#:
Form
Simplicity
DocuSign Envelope ID: 032F0DBD-AB16-4D5B-9671-849EE53E30D7

15. LANDLORD'S ACCESS TO THE PREMISES. Landlord's Agent may enter the Premises in the following circumstances:
A. At for the protection or preservation of the Premises.
any time
B. After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises.
C. inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply
To
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. (Ifthe 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 APPLICATION FEE REQUIRED BY AN ASSOCIATION SHALL BE PAID BY E] LANDLORD
O 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. Landlord Tenant E O
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 all rules and regulations 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 O
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 insuringthe Premises.

18. RISK OF LOSS/INSURANCE.

A. Landlord and Tenant shall each be responsible for loss, damage, or injurycaused by its own negligence or willful conduct.
B. Tenant should carry insurance covering Tenant's personal property and Tenant's liabilityinsurance.

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 destruction, in which case Tenant's liabilityfor rent shall be reduced by the fair rental value of the part of the Premises that
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.

23.LIENS. THE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY
THE TENANT AS PROVIDED IN SECTION 713.10, FLORIDA STATUTES. Tenant shall notifyall parties performing work on the
Premises at Tenant's request that the Lease does not allow any Iiens 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 bro.ught to enforce the Lease or under applicable law, the party in whose favor
-DS a judgment or
decree has been rendered may court costs, including attorneys' fees, from the non-prevailing party.
recover?fe*ttle
Tenant ( ,/ ) and ffgY (-) acknowledge receipt of a copy of this page, which
Landlord? 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.
028664-500166-5866649 .
Serial#:
Form
Simplicity
DocuSign Envelope ID: 032F0DBD-AB16-4D5B-9671-849EE53E30D7

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 accept surrender of the Premises from Tenant will be valid unless in writingand signed by Landlord.
to
E. All concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease
questions
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. E Check and complete if applicable. The brokerage companies named below will be paid the
commission set forth in this paragraph by ? Landlord O Tenant for procuring a tenant for this transaction.

Jonathan Krystofik3381281 Cimone Campell SL3520232

Real Estate Licensee Real Estate Licensee

Brokers LLC Menard Home Group

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.

Ih-%6&9@gNP been executed by the parties on the dates indicated below.

IMAM
6rR!ite:Rt!?588igMature Date
10/16/2022

Landlord's Signature Date

Landlord's Signature Date

Tenant's Signature Date

Tenant's Signature Date

This form was completed with the assistance of:

Name of Individual: Jonathan Krystofik

Name of Business: Brokers LLC
Address: 1711 NE 42nd ST Oakland Park FL 33334
484-576-7968
Telephone Number:

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

-DS

Tenant( ) ( ) and
Landlorc?(?f?tfi
acknowledge C ) 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.
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Early Termination Fee/Liquidated Damages Addendum

81 agree, as provided in the rental agreement, to pay $ 50,000.00

I (an amount that does not exceed two months' rent) as
Iiquidated damages or an early termination fee if I elect to terminate the rental agreement and the Iandlord waives the rightto seek
additional rent beyond the month in which the Iandlord retakes possession.

0 I do not agree to Iiquidated damages or an early termination fee, and I acknowledge that the Iandlord may seek damages as
provided by law.

-DocuSigned

NMGM
by:

10/16/2022

UNMYE?EPQSP#?ture Date

Landlord's Signature Date

Landlord's Signature Date

Tenant's Signature Date

Tenant's Signature Date

-DS
Tenant( ) and Landlord ) 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.
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Florida Residential Landlord and Tenant Act

PART Il

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 Iandlord and tenant.
83.50 Disclosure of Iandlord's address.
83.51 Landlord's obligationto maintain premises.
83.515 Background screening of apartment employees; employment disqualification
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 rightsand duties; civil action; criminal offenses.
83.55 Right of action for damages.
83.56 Termination of rental agreement.
83.5615 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 registryof court; prompt final hearing.
83.62 Restoration of possession to Iandlord.
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:
whether public or private, when residence or detention is incidental to the provision of medical,
(1) Residency or detention in a facility,
e
geriatric, ducational, licensed under part Il of chapter 400, the
counseling, religious,or similar services. For residents of a facility
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 proprietarylease 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.
(b) A mobile home rented 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.
f?),!?Le'39.???'
T?-nsth=??rr.T.Iess
means 0?-?-?dwellil-g
a
?Init.
unit under a
entitled any person rental agreement.
p"Tenant" ;o?*?y dwelling
and Landlordj //-)(
Tenant( ) ) acknowledge receipt of a copy of this page, which is Page 8 of 18.

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(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 Iandlord from the tenant for occupancy under a rental agreement and any other payments
due the Iandlord 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 faith"means honesty in fact in the conduct or transaction concerned.
(9) "Advance rent" means moneys paid to the Iandlord to be applied to future rent payment periods, but does not include rent paid in
advance a current rent payment period.
for
(10) "Transient occupancy" means occupancy when it is the intention of the parties that the occupancy will be temporary.
(11) "Deposit money" means any money held by the Iandlord on behalf of the tenant, including, but not limited to, damage deposits,
security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between Iandlord and tenant either in writing or
orally.
(12) "Security deposits" means any moneys held by the Iandlord as security for the performance of the rental agreement, including, but not
limited to,monetary damage to the Iandlord caused by the tenant's breach of lease prior to the expiration thereof.
(13) "Legal holiday"means holidays observed by the clerk of the court.
(14) "Servicemember" shall have the same meaning as provided in s. 250.01.
(15) "Active duty" shall have the same meaning as provided in s. 250.01.
(16) "State active duty" shall have the same meaning as provided in s. 250.01.
(17) "Early termination fee" means any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a
tenant when a tenant elects to terminate the rental agreement, as provided in the agreement, and vacates a dwelling unit before the end of
the rental agreement. An early termination fee does not include:
(a) Unpaid rent and other accrued charges through the end of the month in which the Iandlord retakes possession of the dwelling unit.
(b) Charges for damages to the dwelling unit.
(c) Charges associated with a rental agreement settlement, release, buyout, or accord and satisfaction agreement.
History. --s. 2, ch. 73-330; s. 1, ch. 74-143; s. 1, ch. 81-190; s. 3, ch. 83-151; s. 17, ch. 94-170; s. 2, ch. 2003-72; s. 1, ch. 2008-131.
83.44 Obligation of good faith. --Every rental agreement or duty within this part imposes an obligation of good faith in its performance or
enforcement.
History. --s. 2, ch. 73-330.

83.45 Unconscionable rental agreement or provision. --

(1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it

was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the
unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.
(2) When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable, the parties shall
be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in
making the determination.
History. -s. 2, ch. 73-330.

83.46 Rent; duration of tenancies. -

(1) Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment
period; and rent is uniformly apportionable from day to day.
(2) If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent
is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if

payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.
(3) If the dwelling unit is furnished without rent as an incident of employment and there is no agreement as to the duration of the tenancy,
the duration is determined by the periods for which wages are payable. If wages are payable weekly or more frequently, then the tenancy is
from week to week; and if wages are payable monthly or no wages are payable, then the tenancy is from month to month. In the event that
the employee ceases employment, the employer shall be entitled to rent for the period from the day after the employee ceases employment
until the day that the dwelling unit is vacated at a rate equivalent to the rate charged for similarly situated residences in the area. This
subsection shall not apply to an employee or a resident manager of an apartment house or an apartment complex when there is a written
agreement to the contrary.
History. -s. 2, ch. 73-330; s. 2, ch. 81-190; s. 2, ch. 87-195; s. 2, ch. 90-133; s. 1, ch. 93-255.

83.47 Prohibited provisions in rental agreements.

-
(1) A provision in a rental agreement is void and unenforceable to the extent that it:
(a) Purports to waive or preclude the rights,remedies, or requirements set forth in this part.
of the Iandlord to the tenant or of the tenant to the Iandlord, arising under law.
(b) Purports to limit or preclude any liability
(2) If such a void and unenforceable provision is included in a rental agreement entered into, extended, or renewed after the effective date
of this part and either party suffers actual damages as a result of the inclusion, the aggrieved party may recover those damages sustained
after the effective date of this part.
History. --s. 2, ch. 73-330.

83.48 Attorney fees. --In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a
judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party. The right to
attorney fees in this section may not be waived in a lease agreement. However, attorney fees may not be awarded under this section in a
claim for personal injury damages based on a breach of duty under s. 83.51.
History. --s. 2, ch. 73-330; s. 4, ch. 83-151; s. 2, ch. 2013-136.

83.49 Deposit money or advance rentttluty of Iandlord and tenant. -

Tenant( ) and Landlordj ) acknowledge receipt of a copy of this page, which is Page 9 of 18.

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(1) Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as
advance rent for other than the next immediate rental period, the Iandlord or the Iandlord's agent shall either:
(a) Hold the total amount of such money in a separate account in a Florida banking institution for the benefit of the
tenant or tenants. The Iandlord shall not commingle such moneys with any other funds of the Iandlord or hypothecate, pledge, or in any
other way make use of such moneys until such moneys are actually due the Iandlord;
(b) Hold the total amount of such money in a separate interest-bearing account in a Florida banking institution for the benefit of the tenant
or tenants, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest
rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the Iandlord elects. The Iandlord shall
not commingle such moneys with any other funds of the Iandlord or hypothecate, pledge, or in any other way make use of such moneys
until such moneys are actually due the Iandlord; or

(c) Post a surety bond, executed by the Iandlord as principal and a surety company authorized and licensed to do business in the state as
surety, with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and
advance rent he or she holds on behalf of the tenants or $50,000, whichever is less. The bond shall be conditioned upon the faithful
compliance of the Iandlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the
Iandlord's violation of the provisions of this section. In addition to posting the surety bond, the Iandlord shall pay to the tenant interest at the
rate of 5 percent per year, simple interest. A Iandlord, or the Iandlord's agent, engaged in the renting of dwelling units in five or more
counties, who holds deposit moneys or advance rent and who is otherwise subject to the provisions of this section, may, in lieu of posting a
surety bond in each county, elect to post a surety bond in the form and manner provided in this paragraph with the office of the Secretary of
State. The bond shall be amount of the security deposit or advance rent held on behalf of tenants or in the amount of $250,000,
in the total
whichever is less. The bond
be conditioned upon the faithful compliance of the Iandlord with the provisions of this section and shall
shall
run to the Governor for the benefit of any tenant injured by the Iandlord's violation of this section. In addition to posting a surety bond, the
Iandlord shall pay to the tenant interest on the security deposit or advance rent held on behalf of that tenant at the rate of 5 percent per
year simple interest.

(2) The
Iandlord shall, in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the
tenant which includes disclosure of the advance rent or security deposit. Subsequent to providing such written notice, if the Iandlord
changes the manner or location in which he or she is holding the advance rent or security deposit, he or she must notifythe tenant within
30 days after the change as provided in paragraphs (a)-(d).The Iandlord is not required to give new or additional notice solely because the
depository has merged with another financial institution, changed its name, or transferred ownership to a different financial institution. This
subsection does not apply to any Iandlord who rents fewer than five individual dwelling units. Failure to give this notice is not a defense to
the payment of rent when due. The written notice must:
(a) Be given in person or by mail to the tenant.
(b) State the name and address of the depository where the advance rent or security deposit is being held or state that the Iandlord has
posted a surety bond as provided by law.
(c) State whether the tenant is entitled to interest on the deposit.
(d) Contain the following disclosure:

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 THE LANDLORD'S INTENT 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 MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A
LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL 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 IS BASIC. PLEASE REFER TO PART Il OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
RIGHTS AND OBLIGATIONS.

(3) The Iandlord or the Iandlord's agent may disburse advance rents from the deposit account to the Iandlord's benefit when the advance
rental period commences and without notice to the tenant. For all other deposits:
(a) Upon the vacating of the premises for termination of the lease, if the Iandlord does not intend to impose a claim on the security deposit,
the Iandlord shall have 15 days to return the security deposit together with interest if otherwise required, or the Iandlord shall have 30 days
to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her 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 It is .

sent to you as required by s. 83.49(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 (Iandlord's address) .

Tenant( ) and LandlordU .5,S#, ) acknowledge receipt of a copy of this page, which is Page 10 of 18.
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If the Iandlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security

deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.
(b) Unless the tenant objects to the imposition of the Iandlord's claim or the amount thereof within 15 days after receipt of the Iandlord's
notice of intention to impose a claim, the Iandlord may then deduct the amount of his or her 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. The failure of the tenant to make a
timely objection does not waive any rightsof the tenant to seek damages in a separate action.
(c) If either party institutes an action in a court of competent jurisdictionto adjudicate the party's right to the security deposit, the prevailing
party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the
calendar.
(d)Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed
real estate brokers and sales associates, constitutes compliance with all other relevant Florida Statutes pertaining to security deposits held
pursuant to a rental agreement or other Iandlord-tenant relationship. Enforcement personnel shall look solely to this section to determine
compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall
operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and
settlement procedures contained in s. 475.25(1)(d).
(4) The provisions of this section do not apply to transient rentals by hotels or motels as defined in chapter 509; nor do they apply in those
instances in which the amount of rent or deposit, or both, is regulated by law or by rules or regulations of a public body, including public
housing authorities and federallyadministered or regulated housing programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the
National Housing Act, as amended, other than for rent stabilization. With the exception of subsections (3), (5), and (6), this section is not
applicable to housing authorities or public housing agencies created pursuant to chapter 421 or other statutes.
(5) Except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons the premises prior to the
expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy
from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days' written notice by certified mail or personal
delivery to the Iandlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be
reached. Failure to give such notice shall relieve the Iandlord of the notice requirement of paragraph (3)(a) but shall not waive any rightthe
tenant may have to the security deposit or any part of it.
(6) For the purposes of this part, a renewal of an existing rental agreement shall be considered a new rental agreement, and any security
deposit carried forward shall be considered a new securitydeposit.
(7) Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any
and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together
with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of
such funds and records to the new owner or agent, and upon transmittal of a written receipt therefor, the transferor is free from the
obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. There is a rebuttable presumption that any new owner or
agent received the security deposit from the previous owner or agent; however, this presumption is limited to 1 month's rent. This
subsection does not excuse the Iandlord or agent for a violation of other provisions of this section while in possession of such deposits.
(8) Any person licensed under the provisions of s. 509.241, unless excluded by the provisions of this part, who fails to comply with the
provisions of this part shall be subject to a fine or to the suspension or revocation of his or her license by the Division of Hotels and
Restaurants of the Department of Business and Professional Regulation in the manner provided in s. 509.261.
(9) In those cases in which interest is required to be paid to the tenant, the Iandlord shall pay directly to the tenant, or credit against the
current month's rent, the interest due to the tenant at least once annually. However, no interest shall be due a tenant who wrongfully
terminates his or her tenancy prior to the end of the rental term.
History. --s. 1, ch. 69-282; s. 3, ch. 70-360; s. 1, ch. 72-19; s. 1, ch. 72-43; s. 5, ch. 73-330; s. 1, ch. 74-93; s. 3, ch. 74-146; ss. 1, 2, ch.
75-133; s. 1, ch. 76-15; s. 1, ch. 77-445; s. 20, ch. 79-400; s. 21, ch. 82-66; s. 5, ch. 83-151; s. 13, ch. 83-217; s. 3, ch. 87-195; s. 1, ch. 87
-369; s. 3, ch. 88-379; s. 2, ch. 93-255; s. 5, ch. 94-218; s. 1372, ch. 95-147; s. 1, ch. 96-146; s. 1, ch. 2001-179; s. 53, ch. 2003-164; s. 3,
ch. 2013-136.
Note. --Former s. 83.261.

83.50 Disclosure of Iandlord's address. --In addition to any other disclosure required by law, the Iandlord, or a person authorized to enter
into a rental agreement on the Iandlord's behalf, shall disclose in writingto the tenant, at or before the commencement of the tenancy, the
name and address of the Iandlord or a person authorized to receive notices and demands in the Iandlord's behalf. The person so
authorized to receive notices and demands retains authority until the tenant is notified otherwise. 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.
History. --s. 2, ch. 73-330; s. 443, ch. 95-147; s. 5, ch. 2013-136.

83.51 Landlord's obligation to maintain premises. --

(1) The Iandlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building, housing, and health codes; or
(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior
walls, foundations, and all other structural components in good repair and capable of resistingnormal forces and loads and the plumbing in
reasonable working condition. The Iandlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable
condition. Thereafter, the Iandlord must repair damage to screens once annually, when necessary, until termination of the rental
agreement.

The Iandlord is not required to maintain a mobile home or other structure owned by the tenant. The Iandlord's obligations under this
subsection may be altered or modified in writingwith respect to a single-familyhome or duplex.
(2)(a)Unless otherwise agreed in writing,in addition to the requirements of subsection (1),the Iandlord of a dwelling unit other than a
single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

DS

Tenant( ) ( ) and Landlordl{

/ /
-) ( ) acknowledge receipt of a copy of this page, which is Page 11 of 18.

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1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for

such extermination, the Iandlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a
period of time not to exceed 4 days, on 7 days' written notice, if necessary, for extermination pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running water, and hot water.

(b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-familyhome or duplex, the Iandlord shall install
working smoke detection devices. As used in this paragraph, the term "smoke detection device" means an electrical or battery-operated
device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual
Laboratories, Inc., orany other nationally recognized testing laboratory using nationally accepted testing standards.
(c) Nothing part authorizes the tenant to raise a noncompliance by the Iandlord with this subsection as a defense to an action for
in this

possession under s. 83.59.

(d) This subsection shall not apply to a mobile home owned by a tenant.
(e) Nothing contained in this subsection prohibits the Iandlord from providing in the rental agreement that the tenant is obligated to pay
costs or charges for garbage removal, water, fuel, or utilities.
(3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the Iandlord's duty is determined
by subsection (1).
(4) The Iandlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or
omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
History. --s. 2, ch. 73-330; s. 22, ch. 82-66; s. 4, ch. 87-195; s. 1, ch. 90-133; s. 3, ch. 93-255; s. 444, ch. 95-147; s. 8, ch. 97-95; s. 6, ch.
2013-136.

83.515 Background screening of apartment employees; employment disqualification. --

(1) The Iandlord of a public lodging establishment classified under s. 509.242(1)(d) or (e) as a nontransient apartment or transient apartment,
respectively, must require that each employee of the establishment undergo a background screening as a condition of employment.
(2) The background screening required under subsection (1) must be performed by a consumer reporting agency in accordance with the
federal Fair Credit Reporting Act, and must include a screening of criminal historyrecords and sexual predator and sexual offender registries
of all states and the District of Columbia.
(3) A Iandlord may disqualifya person from employment if the person has been convicted or found guilty of, or entered a plea of guilty or nolo
contendere to, regardless of adjudication, any of the following offenses:
(a) A criminal offense involving disregard for the safety of others which, if committed in this state, is a felony or a misdemeanor of the first
degree or, if committed in another state, would be a felony or a misdemeanor of the first degree if committed in this state.
(b) A criminal offense committed in any jurisdictionwhich involves violence, including, but not limited to, murder, sexual battery, robbery,
carjacking, home-invasion robbery, and stalking.

83.52 Tenant's obligation to maintain dwelling unit. -The tenant at all times during the tenancy shall:
(1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes. (2) Keep that part of
the premises which he or she occupies and uses clean and sanitary.
(3) Remove from the tenant's dwelling unit all garbage in a clean and sanitary manner.
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair.
(5) Use and operate in a reasonable manner all electrical, plumbing, sanitary,heating, ventilating, air-conditioningand other facilities and
appliances, including elevators.
(6) Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the Iandlord nor permit any
person to do so.
(7) Conduct himself or herself,and require other persons on the premises with his or her consent to conduct themselves, in a manner that
does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace.
History. --s. 2, ch. 73-330; s. 445, ch. 95-147.

83.53 Landlord's access to dwelling unit. -

(1) The tenant shall not unreasonably withhold consent to the Iandlord to enter the dwelling unit from time to time in order to inspect the
premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit
to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) The Iandlord may enter the dwelling unit at any time for the protection or preservation of the premises. The Iandlord may enter the
"
dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. "Reasonable notice'
for the purpose of repair is notice given at least 24 hours prior to the entry, and reasonable time for the purpose of repair shall be between
the hours of 7: 30 a. m. and 8: 00 p. m. The Iandlord may enter the dwelling unit when necessary for the further purposes set forth in
subsection (1) under any of the following circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current
and the tenant notifies the Iandlord of an intended absence, then the Iandlord may enter only with the consent of the tenant or for the
protection or preservation of the premises.
(3) The Iandlord shall not abuse the right of access nor use it to harass the tenant.
History. --s. 2, ch. 73-330; s. 5, ch. 87-195; s. 4, ch. 93-255; s. 446, ch. 95-147.

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83.535 Flotation bedding system; restrictions on use. --No Iandlord may prohibit a tenant from using a flotation bedding system in a
dwelling unit, provided the flotation bedding system does not violate applicable building codes. The tenant shall be required to carry in
the tenant's name flotation insurance as is standard in the industry in an amount deemed reasonable to protect the tenant and owner
against personal injury and property damage to the dwelling units. In any case, the policy shall carry a loss payable clause to the owner
of the building.
History. --s. 7, ch. 82-66; s. 5, ch. 93-255.

83.54 Enforcement of rights and duties; civil action; criminal offenses. -Any right or duty declared in this part is enforceable by civil
action. A rightor duty enforced by civil action under this section does not preclude prosecution for a criminal offense related to the lease
or leased property.
History. --s. 2, ch. 73-330; s. 7, ch. 2013-136.

83.55 Right of action for damages. -If either the Iandlord or the tenant fails to comply with the requirements of the rental agreement or
this part, the aggrieved party may recover the damages caused by the noncompliance.

History. --s. 2, ch. 73-330.

83.56 Termination of rental agreement. --

(1) If the Iandlord materiallyfails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of
written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by
reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental
agreement is due to causes beyond the control of the Iandlord and the Iandlord has made and continues to make every reasonable effort
to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:
(a) If the Iandlord's failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent
during the period the dwelling unit remains uninhabitable.
(b) If the Iandlord's failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the
period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.
(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or
reasonable rules or regulations,the Iandlord may:
(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a
subsequent or continuing noncompliance within 12 months of a written warning by the Iandlord of a similar violation, deliver a written
notice to the tenant specifying the noncompliance and the Iandlord's intent to terminate the rental agreement by reason thereof.
Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited
to, destruction, damage, or misuse of the Iandlord's or other tenants' property by intentional act or a subsequent or continued
unreasonable disturbance. In such event, the Iandlord may terminate the rental agreement, and the tenant shall have 7 days from the
date that the notice is delivered to vacate the premises. The notice shall be in substantiallythe following form:

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the
premises. This action is taken because (citethe noncompliance).
(b) If such noncompliance is of a nature that the tenant should be given an opportunity to cure it,deliver a written notice to the tenant
specifying the noncompliance, including a notice that, ifthe noncompliance is not corrected within 7 days from the date that the written
notice is delivered, the Iandlord shall terminate the rental agreement by reason thereof. Examples of such noncompliance include, but
are not limited to, activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles;
parking in an unauthorized manner or permitting such parking; or failingto keep the premises clean and sanitary.If such noncompliance
recurs within 12 months after notice, an eviction action may commence without delivering a subsequent notice pursuant to paragraph (a)
or this paragraph. The notice shall be in substantially the following form:

You are hereby notified that (citethe noncompliance). Demand is hereby made that you remedy the noncompliance within 7 days of
receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same
conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and
without your being given an opportunity to cure the noncompliance.
(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after
delivery of written demand by the Iandlord for payment of the rent or possession of the premises, the Iandlord may terminate the rental
agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a
statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of leased
premises, including county), Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3
days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the day of (year) ,
.

(Iandlord's name, address and phone number)

(4) The
delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if
the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and
(3) may not be waived in the lease.

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(5)(a) If the Iandlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any
other provision of the renta agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a
noncompliance by the land ord or accepts performance by the Iandlord of any other provision of the rental agreement that is at variance
with its provisions, the land ord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that
noncompliance, but not for any subsequent or continuing noncompliance. However, a Iandlord does not waive the right to terminate the
rental agreement or to bring a civil action for that noncompliance by accepting partial rent for the period. If partialrent is accepted after
posting the notice for nonpayment, the Iandlord must:
1. Provide the tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing

an action for possession;

2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filingthe action for possession; or
3. Post a new 3-day notice reflectingthe new amount due.
(b) Any tenant who wishes to defend against an action by the Iandlord for possession of the unit for noncompliance of the rental
agreement or of relevant statutes must comply with s. 83.60(2). The court may not set a date for mediation or trial unless the provisions
of s. 83.60(2) have been met, but must enter a default judgment for removal of the tenant with a writ of possession to issue immediately if

the tenant fails to comply with s. 83.60(2).

(c) This subsection does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of
local, state, or national government; however, waiver will occur if an action has not been instituted within 45 days after the Iandlord
obtains actual knowledge of the noncompliance.
(6) If the rental agreement is terminated, the Iandlord shall comply with s. 83.49(3).
History. --s. 2, ch. 73-330; s. 23, ch. 82-66; s. 6, ch. 83-151; s. 14, ch. 83-217; s. 6, ch. 87-195; s. 6, ch. 93-255; s. 6, ch. 94-170; s.
1373,
ch. 95-147; s. 5, ch. 99-6; s. 8, ch. 2013-136.

83.5615 Termination of rental agreement upon foreclosure. -

(1) If a tenant is occupying residential premises that are the subject of a foreclosure sale, upon issuance of a certificate of title following
the sale, the purchaser named in the certificate of title takes title to the residential premises subject to the rights of the tenant under this
section.
(a) The tenant may remain in possession of the premises for 30 days followingthe date of the purchaser's deliveryof a written 30-day
notice of termination.
(b) The tenant is entitled to the protections of s. 83.67.
(c) The 30-day notice of termination must be in substantiallythe following form:

NOTICE TO TENANT OF TERMINATION

You are hereby notified that your rental agreement is terminated on the date of delivery of this notice, that your occupancy is terminated
30 days following the date of the delivery of this notice, and that I demand possession of the premises on (date). If you do not vacate the
premises by that date, I will ask the court for an order allowing me to remove you and your belongings from the premises. You are
obligated to pay rent during the 30-day period for any amount that might accrue during that period. Your rent must be delivered to
(Iandlord'sname and address)
(d) The 30-day notice of termination shall be delivered the same manner as provided in s. 83.56(4).
in

(2) The purchaser at the foreclosure sale may apply to the court for a writ of possession based upon a sworn affidavit that the 30-day
notice of termination was delivered to the tenant and the tenant has failed to vacate the premises at the conclusion of the 30-day period.
If the court awards a writ of possession, the writ must be served on the tenant. The writ of possession shall be governed by s. 83.62.

(3) This section does not apply if:

(a) The tenant is the mortgagor in the subject foreclosure or is the child, spouse, or parent of the mortgagor in the subject foreclosure.
(b) The tenant's rental agreement is not the result of an arm's length transaction.
(c) The tenant's rentalagreement allows the tenant to pay rent that is substantially less than the fair market rent for the premises, unless
the rent reduced or subsidized due to a federal, state, or local subsidy.
is

(4) A purchaser at a foreclosure sale of a residential premises occupied by a tenant does not assume the obligations of a Iandlord,
except as provided in paragraph (1)(b), unless or until the purchaser assumes an existing rental agreement with the tenant that has not
ended or enters into a new rental agreement with the tenant.
History. --s. 1, ch. 2015-96.

83.57 Termination of tenancy without specific term. --A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be
terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and
(4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.
History. --s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217.

83.575 Termination of tenancy with specific duration. --

(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the Iandlord within a specified period
before vacating the premises at the end of the rental agreement, if such provision requires the Iandlord to notifythe tenant within such
notice period if the rental agreement will not be renewed; however, a rental agreement may not require more than 60 days' notice from
either the tenant or the Iandlord.

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(2) A rental agreement with a

specific duration may provide that if a tenant fails to give the required notice before vacating the premises
at the end
of the rental agreement, the tenant may be liable for Iiquidated damages as specified in the rental agreement if the Iandlord
provides written notice to the tenant specifying the tenant's obligations under the notification provision contained in the lease and the date
the rental agreement is terminated. The Iandlord must provide such written notice to the tenant within 15 days before the start of the
notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under
this subsection.

(3) If the tenant remains on the premises with the permission of the Iandlord after the rental agreement has terminated and fails to give
notice required under s. 83.57(3), the tenant is liable to the Iandlord for an additional 1 month's rent.
History. --s. 3, ch. 2003-30; s. 1, ch. 2004-375; s. 9, ch. 2013-136.

83.58 Remedies; tenant holding over. -If the tenant holds over and continues in possession of the dwelling unit or any part thereof
after
the expiration of the rental agreement without the permission of the Iandlord, the Iandlord may recover possession of the dwelling unit in

the manner provided for in s. 83.59. The Iandlord may also recover double the amount of rent due on the dwelling unit, or any part
thereof, for the period during which the tenant refuses to surrender possession.
History. --s. 2, ch. 73-330; s. 10, ch. 2013-136.

83.59 Right of action for possession. --

(1) If the rental agreement is terminated and the tenant does not vacate the premises, the Iandlord may recover possession of the
dwelling unit as provided in this section.
(2) A
Iandlord, the Iandlord's attorney, or the Iandlord's agent, applying for the removal of a tenant, shall file in the county court of the
county where the premises are situated a complaint describing the dwelling unit and statingthe facts that authorize its recovery. A
Iandlord's agent is not permitted to take any action other than the initial filingof the complaint, unless the Iandlord's agent is an attorney.
The Iandlord is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.
(3) The Iandlord shall not recover possession of a dwelling unit except:
(a) Inan action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;
(b) When the tenant has surrendered possession of the dwelling unit to the Iandlord;
(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the
tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic

rentalpayments. However, this presumption does not apply if the rent is current or the tenant has notified the Iandlord, in writing, of an
intended absence; or
(d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60
days have elapsed following the date of death, and the Iandlord has not been notified in writing of the existence of a probate estate or of
the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally
administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing
Act, as amended.
(4) The prevailing party is entitled to have judgment for costs and execution therefor.
History. --s. 2, ch. 73-330; s. 1, ch. 74-146; s. 24, ch. 82-66; s. 1, ch. 92-36; s. 447, ch. 95-147; s. 1, ch. 2007-136; s. 11, ch. 2013-136.

83.595 Choice of remedies upon breach or early termination by tenant. --If the tenant breaches the rental agreement for the dwelling
unit and the Iandlord has obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the Iandlord, or
the tenant has abandoned the dwelling unit, the Iandlord may:
(1) Treat the rental agreement as terminated and retake possession for his or her own account, thereby terminating any further liability of
the tenant;
(2) Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between the rent
stipulated to be paid under the rental agreement and what the Iandlord is able to recover from a reletting. If the Iandlord retakes

possession, the Iandlord has a duty to exercise good faith in attempting to relet the premises, and any rent received by the Iandlord as a
result of the relettingmust be deducted from the balance of rent due from the tenant. For purposes of this subsection, the term "good
faith in attempting to relet the premises" means that the Iandlord uses at least the same efforts to relet the premises as were used in the
initial rental or at least the same efforts as the Iandlord uses in attempting to rent other similar rental units but does not require the

Iandlord to give a preference in renting the premises over other vacant dwelling units that the Iandlord owns or has the responsibility to
rent;
(3) Stand by and do nothing, holding the Iessee liable for the rent as it comes due; or
(4)Charge Iiquidated damages, as provided in the rental agreement, or an early termination fee to the tenant if the Iandlord and tenant
have agreed to Iiquidated damages or an early termination fee, if the amount does not exceed 2 months' rent, and if,in the case of an
early termination fee, the tenant is required to give no more than 60 days' notice, as provided in the rental agreement, prior to the
proposed date of early termination. This remedy is available only if the tenant and the Iandlord, at the time the rental agreement was
made, indicated acceptance of Iiquidated damages or an early termination fee. The tenant must indicate acceptance of Iiquidated
damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantiallythe
following form:

? I agree, as provided in the rental agreement, to pay $ (an amount that does not exceed 2 months' rent) as Iiquidated damages
or an early termination fee if I elect to terminate the rental agreement, and the Iandlord waives the right to seek additional rent beyond
the month in which the Iandlord retakes possession.

? I do not agree to Iiquidateddamages or an early termination fee, and I acknowledge that the Iandlord may seek damages as provided
by law.

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(a) In addition to Iiquidated damages or an early termination fee, the Iandlord is entitled to the rent and other charges accrued through
the end of the month in which the Iandlord retakes possession of the dwelling unit and charges for damages to the dwelling unit.
(b) This subsection does not apply if the breach is failure to give notice as provided in s. 83.575.
History. --s. 2, ch. 87-369; s. 4, ch. 88-379; s. 448, ch. 95-147; s. 2, ch. 2008-131.

83.60 Defenses to action for rent or possession; procedure. --

(1)(a) In an action by the Iandlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the Iandlord under
s. 83.55 seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncompliance with s. 83.51(1), or may
raise any other defense, whether legal or equitable, that he or she may have, including the defense of retaliatory conduct in accordance
with s. 83.64. The Iandlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action.
(b) The defense of a material noncompliance with s. 83.51(1) may be raised by the tenant if 7 days have elapsed after the delivery of
written notice by the tenant to the Iandlord, specifying the noncompliance and indicatingthe intention of the tenant not to pay rent by
reason thereof. Such notice by the tenant may be given to the Iandlord, the Iandlord's representative as designated pursuant to s. 83.50,
a resident manager, or the person or entity who collects the rent on behalf of the Iandlord. A material noncompliance with s. 83.51(1) by
the Iandlord is a complete defense to an action for possession based upon nonpayment of rent, and, upon hearing, the court or the jury,
as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the
dwelling unit during the period of noncompliance with s. 83.51(1). After consideration of all other relevant issues, the court shall enter
appropriate judgment.
(2) In an action by the Iandlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but
not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of the court the accrued rent as alleged in the
complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due. The clerk shall
notifythe tenant of such requirement in the summons. Failure of the tenant to pay the rent into the registryof the court or to file a motion
to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays, Sundays, and legal holidays, after the
date of service of process constitutes an absolute waiver of the tenant's defenses other than payment, and the Iandlord is entitled to an
immediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon. If a
motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required.
Public housing tenants or tenants receiving rent subsidies are required to deposit only that portion of the full rent for which they are
responsible pursuant to the federal, state, or local program in which they are participating.
History. --s. 2, ch. 73-330; s. 7, ch. 83-151; s. 7, ch. 87-195; s. 7, ch. 93-255; s. 7, ch. 94-170; s. 1374, ch. 95-147; s. 12, ch. 2013-136.

83.61 Disbursement of funds in registry of court; prompt final hearing. --When the tenant has deposited funds into the registry of
the court in accordance with the provisions of s. 83.60(2) and the Iandlord is in actual danger of loss of the premises or other personal
hardship resulting from the loss of rental income from the premises, the Iandlord may apply to the court for disbursement of all or part of
the funds or for prompt final hearing. The court shall advance the cause on the calendar. The court, after preliminary hearing, may award
all or any portion of the funds on deposit to the Iandlord or may proceed immediately to a final resolution of the cause.

History. --s. 2, ch. 73-330; s. 2, ch. 74-146.

83.62 Restoration of possession to Iandlord. -

(1) In an action for possession, after entry of judgment in favor of the Iandlord, the clerk shall issue a writ to the sheriff describing the
premises and commanding the sheriff to put the Iandlord in possession after 24 hours' notice conspicuously posted on the premises.
Saturdays, Sundays, and legal holidays do not stay the 24-hour notice period.
(2) At the time the sheriff executes the writ of possession or at any time thereafter, the Iandlord or the Iandlord's agent may remove any
personal property found on the premises to or near the property line. Subsequent to executing the writ of possession, the Iandlord may
request the sheriff to stand by to keep the peace while the Iandlord changes the locks and removes the personal property from the
premises. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand
by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. Neither the sheriff nor the Iandlord or
the Iandlord's agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been
removed.
History. --s. 2, ch. 73-330; s. 3, ch. 82-66; s. 5, ch. 88-379; s. 8, ch. 94-170; s. 1375, ch. 95-147; s. 2, ch. 96-146; s. 13, ch. 2013-136.

83.625 Power to award possession and enter -In an action by the Iandlord for possession of a dwelling unit based
money judgment.
upon nonpayment of rent, if the due, owing, and unpaid and by reason thereof the Iandlord is entitled to possession
court finds the rent is

of the premises, the court, in addition to awarding possession of the premises to the Iandlord, shall direct, in an amount which is within its
jurisdictionallimitations, the entry of a money judgment with costs in favor of the Iandlord and against the tenant for the amount of money
found due, owing, and unpaid by the tenant to the Iandlord. However, no money judgment shall be entered unless service of process has
been effected by personal service or, where authorized by law, by certified or registered mail, return receipt, or in any other manner
prescribed by law or the rules of the court; and no money judgment may be entered except in compliance with the Florida Rules of Civil
Procedure. The prevailing party in the action may also be awarded attorney's fees and costs.
History. --s. 1, ch. 75-147; s. 8, ch. 87-195; s. 6, ch. 88-379.

83.63 Casualty damage. -If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that
the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the
premises. The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant's liability for rent
shall be reduced by the fair rental value of that part of the premises damaged or destroyed. If the rental agreement is terminated, the
Iandlord shall comply with s. 83.49(3).
History. --s. 2, ch. 73-330; s. 449, ch. 95-147; s. 14, ch. 2013-136.

83.64 Retaliatory conduct. --

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(1) unlawful for a Iandlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring
It is

an action for possession or other civil action, primarily because the Iandlord is retaliatingagainst the tenant. In order for the tenant to
raise the defense of retaliatoryconduct, the tenant must have acted in good faith. Examples of conduct for which the Iandlord may not
retaliate include, but are not limited to, situations where:

(a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health
code of a suspected violation applicable to the premises;
(b) The tenant has organized, encouraged, or participated in a tenant organization;
(c) The tenant has complained to the Iandlord pursuant to s. 83.56(1);
(d) The tenant is a servicemember who has terminated a rental agreement pursuant to s. 83.682;
(e) The tenant has paid rent to a condominium, cooperative, or homeowners' association after demand from the association in order to
pay the Iandlord's obligation to the association; or
(f)The tenant has exercised his or her rightsunder local, state, or federal fair housing laws.
(2) Evidence of retaliatoryconduct may be raised by the tenant as a defense in any action brought against him or her for possession.
(3) In any event, this section does not apply if the Iandlord proves that the eviction is for good cause. Examples of good cause include,
but are not limited to, good faith actions for nonpayment of rent, violation of the rental agreement or of reasonable rules, or violation of
the terms of this chapter.
(4) "Discrimination" under this section means that a tenant is being treated differently as to the rent charged, the services rendered, or
the action being taken by the Iandlord, which shall be a prerequisite to a finding of retaliatoryconduct.
History. --s. 8, ch. 83-151; s. 450, ch. 95-147; s. 3, ch. 2003-72; s. 15, ch. 2013-136.

83.67 Prohibited practices. -

(1) A
Iandlord of any dwelling unit governed by this part shall not cause, directlyor indirectly, the termination or interruption of any utility
service furnished the tenant, including, but not limited to, water, heat, light,electricity,
gas, elevator, garbage collection, or refrigeration,
whether or not the utility service is under the control of, or payment is made by, the Iandlord.
(2) A Iandlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit
by any means, including, but not limited to, changing the locks or using any bootlock or similar device.
(3) A Iandlord of any dwelling unit governed by this part shall not discriminate against a servicemember in offeringa dwelling unit for rent
or in any of the terms of the rental agreement.
(4) A Iandlord shall not prohibit a tenant from displaying one portable, removable, cloth or plastic United States flag, not larger than 4 and
1/2 feet by 6 feet, in a respectful manner in or on the dwelling unit regardless of any provision in the rental agreement dealing with flags
or decorations. The United States flag shall be displayed in accordance with s. 83.52(6). The Iandlord is not liable for damages caused
by a United States flag displayed by a tenant. Any United States flag may not infringeupon the space rented by any other tenant.
(5) A Iandlord of any dwelling unit governed by this part shall not remove the outside doors, locks, roof, walls, or windows of the unit
except for purposes of maintenance, repair, or replacement; and the Iandlord shall not remove the tenant's personal property from the
dwelling unit unless such action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of
the last remaining

tenant in accordance with s. 83.59(3)(d), or a lawful eviction. If provided in the rental agreement or a written agreement separate from the

rentalagreement, upon surrender or abandonment by the tenant, the Iandlord is not required to comply with s. 715.104 and is not liable
or responsible for storage or disposition of the tenant's personal property; if provided in the rental agreement, there must be printed or
clearlystamped on such rental agreement a legend in substantiallythe following form:

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 TENANTS PERSONAL PROPERTY.

For the purposes of this section, abandonment shall be as set forth in s. 83.59(3)(c).
(6) A Iandlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months'
rent, whichever is greater, and costs, including attorney's fees. Subsequent or repeated violations that are not contemporaneous with the
initial violation shall be subject to separate awards of damages.

(7) A violation of this section constitutes irreparable harm for the purposes of injunctive relief.
(8) The remedies provided by this section are not exclusive and do not preclude the tenant from pursuing any other remedy at law or
equity that the tenant may have. The remedies provided by this section shall also apply to a servicemember who is a prospective tenant
who has been discriminated against under subsection (3).
History. --s. 3, ch. 87-369; s. 7, ch. 88-379; s. 3, ch. 90-133; s. 3, ch. 96-146; s. 2, ch. 2001-179; s. 2, ch. 2003-30; s. 4, ch. 2003-72; s.

1, ch. 2004-236; s. 2, ch. 2007-136.

83.681 Orders to enjoin violations of this part. --

(1) A Iandlord who gives notice to a tenant of the Iandlord's intent to terminate the tenant's lease pursuant to s. 83.56(2)(a), due to the
tenant's intentional destruction, damage, or misuse of the Iandlord's property may petition the county or circuit court for an injunction
prohibitingthe tenant from continuing to violate any of the provisions of that part.
(2) The court shall grant the relief requested pursuant to subsection (1) in conformity with the principles that govern the granting of
injunctive relief from threatened loss or damage in other civil cases.
(3) Evidence of a tenant's intentional destruction, damage, or misuse of the Iandlord's property in an amount greater than twice the value
of money deposited with the Iandlord pursuant to s. 83.49 or $300, whichever is greater, shall constitute irreparableharm for the
purposes of injunctive relief.
History. --s. 8, ch. 93-255; s. 451, ch. 95-147.
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83.682 Termination of rental agreement by a servicemember. --

(1) Any servicemember may terminate his or her rental agreement by providing the Iandlord with a written notice of termination to be
effective on the date stated in the notice that is at least 30 days after the Iandlord's receipt of the notice if any of the following criteria are
met:
(a) The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the
rental premises;
(b) The servicemember is prematurely or involuntarilydischarged or released from active duty or state active duty;
(c) The servicemember is released from active duty or state active duty after having leased the rental premises while on active duty or
state active duty status and the rental premises is 35 miles or more from the servicemember's home of record prior to entering active
duty or state active duty;
(d) After entering into a rental agreement, the servicemember receives military orders requiring him or her to move into government
quarters or the servicemember becomes eligibleto live in and opts to move into government quarters;
(e) The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35
miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or
(f)The servicemember has leased the property, but prior to taking possession of the rental premises, receives a change of orders to an
area that is 35 miles or more from the location of the rental premises.
(2) The notice to the Iandlord must be accompanied by either a copy of the official militaryorders or a written verification signed by the
servicemember's commanding officer.
(3) In the event a servicemember dies during active duty, an adult member of his or her immediate family may terminate the
servicemember's rental agreement by providing the Iandlord with a written notice of termination to be effective on the date stated in the
notice that is at least 30 days after the Iandlord's receipt of the notice. The notice to the Iandlord must be accompanied by either a copy
of the official militaryorders showing the servicemember was on active duty or a written verification signed by the servicemember's
commanding officer and a copy of the servicemember's death certificate.
(4) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to
the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement.
The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section.
Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or
more days prior to occupancy, no damages or penalties of any kind will be assessable.
(5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.
History. --s. 6, ch. 2001-179; s. 1, ch. 2002-4; s. 1, ch. 2003-30; s. 5, ch. 2003-72.

83.683 Rental application by a servicemember. --

(1) If a Iandlord requires a prospective tenant to complete a rental application before residing in a rental unit, the Iandlord must complete
processing of a rental application submitted by a prospective tenant who is a servicemember, as defined in s. 250.01, within 7 days after
submission and must, within that 7-day period, notifythe servicemember in writing of an application approval or denial and, if denied, the
reason for denial. Absent a timely denial of the rental application, the Iandlord must lease the rental unit to the servicemember if all other
terms of the application and lease are complied with.
(2) If a condominium association, as defined in chapter 718, a cooperative association, as defined in chapter 719, or a homeowners'
association, as defined in chapter 720, requires a prospective tenant of a condominium unit, cooperative unit, or parcel within the
association's control to complete a rental application before residing in a rental unit or parcel, the association must complete processing
of a rental application submitted by a prospective tenant who is a servicemember, as defined in s. 250.01, within 7 days after submission
and must, within that 7-day period, notify the servicemember in writing of an application approval or denial and, if denied, the reason for
the denial. Absent timely denial of the rental application, the association must allow the unit or parcel owner to lease the rental unit or
parcel to the servicemember and the Iandlord must lease the unit or parcel to the servicemember if all other terms of the application and
lease are complied with.
(3) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.

-DS

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