(D1- DISD PL STATE OF FLORIDA “= £9 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “ > >, FLORIDA REAL ESTATE COMMISSION A . FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, vs. FDBPR Case N° 2002010697 2003057938 GUSTAVO JOSE BENEDICTO, 2003057941 MARIO POLO, JR. AND THE POLO GROUP, INC. Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Gustavo Jose Benedicto, Mario Polo, Jr., and The Polo Group, Inc. (“Respondents”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent Gustavo Jose Benedicto is and was at all times material hereto a licensed Florida real estate sales associate, issued license number 538336 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a sales associate without a current employer and FDBPR v. Gustavo Jose Benedicto : Case No. 2002010697 Administrative Complaint an address of 13612 S. Village Drive #108, Tampa, Florida 33624. 3. Respondent Mario Polo, Jr. is and was at all times material hereto a licensed Florida real estate broker, issued license numbers 69855, 3008166, and 3007431 in accordance with Chapter 475 of the Florida Statutes. The last licenses issued were as a broker with The Polo Group, Inc., 12966 N. Dale Mabry Hwy., Tampa, Florida 33618-2806; Mall House, Inc., 7901 Citrus Park Town Cengter, Tampa, Florida 33625; and Apartment Network of Tampa, Inc., 10330 N. Dale Mabry #211, Tampa, Florida 33618. 4. Respondent The Polo Group, Inc. is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 195381 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 12966 N. Dale Mabry Hwy., Tampa, Florida 33618-2806. 5. At all times material hereto, Respondent Mario Polo, Jr. was licensed and operating as qualifying broker and officer of Respondent The Polo Group, Inc. 6. At all times material Respondent Mario Polo Jr. and Respondent The Polo Group, Inc employed Respondent Benedicto. 7. On or about November 25, 2001, Respondent Benedicto facilitated a rental agreement between Irene Joyner (“Tenant”) and Eloy Ordonez (“Owner”) regarding real property commonly known as 12703 Dunhill, Tampa, Florida. A copy of the lease is attached and incorporated as Administrative Complaint Exhibit 1. FDBPR v. Gustavo Jose Benedicto Case No. 2002010697 Administrative Complaint 8. Pursuant to the lease, Respondent Benedicto received $975 deposit from Tenant. 9. At all times material, Respondent Benedicto failed to remit the deposit to his registered employer, and converted said funds to his personal use. 10. As an inducement to rent the premises, Respondent Benedicto authorized Tenant to make repairs to the premises, and promised Tenant that he would reimburse Tenant. 11. In reliance on Respondent Benedicto’s promises, Tenant incurred repair expenses in excess of $3000. 12. At all times material, Respondent has failed to reimburse Tenant for the repair expenses. 13. Between December 15, 2001, and December 30, 2002, Respondent Benedicto collected $975 per month from Tenant, without the knowledge and consent of his registered employer, and failed to remit the proceeds to his registered employer. 14. On or about June 3, 2002, Respondent Mario Polo Jr. and Respondent The Polo Group became aware that Respondent Benedicto was collecting and mishandling trust funds received in connection with his employment relationship. 15. At all times material since June 3, 2002, Respondent Mario Polo Jr. and Respondent The Polo Group allowed Respondent Benedicto to continue operate as an employee and handle transactions involving client trust funds. 16. On or about February 27, 2002, Respondent Benedicto facilitated a lease between Carlos De La Cruz and (“De La Cruz”) and Jose Ramirez (“Ramirez”) regarding real property commonly FDBPR v. Gustavo Jose Benedicto Case No. 2002010697 Administrative Complaint known as 8736 Hampden Dr. Tampa, Florida. A copy of the lease is attached and incorporated as Administrative Complaint Exhibit 2. 17. Pursuant to the transaction, Ramirez presented Respondent Benedicto with a $975 payment as a security deposit and $975 rental payment. 18. Respondent Benedicto collected rent from Ramirez and other tenants for the months of March of 2002 to November of 2002. 19. At all times material, Respondent Benedicto placed the funds received in his personal bank account causing personal funds to be intermingled with trust funds. 20. At all times material, Respondent Benedicto failed to deliver the funds to his registered employer. 21. At all times material, Respondent Benedicto failed place the funds in a trust account or other authorized depository. 22. At all times material, Respondent Benedicto received the funds without the consent of his registered employer. 23. At all times material, Respondent Benedicto deducted a management fee of $80.00 from the monthly rental proceeds. 24. Beginning in March of 2002, without the consent of all parties, Respondent Benedicto transferred the security deposit funds out of his account to pay for repairs to the above referenced property. FDBPR v. Gustavo Jose Benedicto Case No. 2002010697 Administrative Complaint 25. Between March 31, 2002, and May 9, 2002, Respondent Benedicto did not possess a current and valid real estate salesperson’s license. 26. At all times material, since March 31, 2002, Respondents Mario Polo Jr. and The Polo Group were not registered with Petitioner as Respondent Benedicto’s employer. COUNT I Based upon the foregoing, Respondent Gustavo Jose Benedicto is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in the 12703 Dunhill transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT II Based upon the foregoing, Respondent Gustavo Jose Benedicto is guilty of failure to immediately place with the registered employer any money, fund, deposit, check or draft entrusted to her as agent of the registered employer in violation of Rule 61J2-14.009 of the Florida Administrative Code and Section 475.25(1)(k), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. (Dunhill transaction) COUNT IIL Based upon the foregoing, Respondent Gustavo Jose Benedicto is guilty of having collected any money in connection with any real estate brokerage transaction except in the name of the employer and with the express consent of the employer and is guilty of commencing or maintaining any action FDBPR v. Gustavo Jose Benedicto Case No. 2002010697 Administrative Complaint for a commission or compensation against any person except his registered employer in violation of Section 475.42(1)(d), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. (Dunhill transaction) COUNT IV Based upon the foregoing, Respondent Gustavo Jose Benedicto is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. (Dunhill transaction) COUNT V Based upon the foregoing, Respondent Gustavo Jose Benedicto is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in the Hampden Drive transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT VI Based upon the foregoing, Respondent Gustavo Jose Benedicto is guilty of failure to immediately place with the registered employer any money, fund, deposit, check or draft entrusted to her as agent of the registered employer in violation of Rule 61J2-14.009 of the Florida Administrative Code and Section 475.25(1)(k), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. (Hampden Drive transaction ) COUNT VII Based upon the foregoing, Respondent Gustavo Jose Benedicto is guilty of having collected FDBPR v. Gustavo Jose Benedicto , Case No. 2002010697 Administrative Complaint any money in connection with any real estate brokerage transaction except in the name of the employer and with the express consent of the employer and is guilty of commencing or maintaining any action for a commission or compensation against any person except his registered employer in violation of Section 475.42(1)(d), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. (Hampden Drive transaction ) COUNT Vill Based upon the foregoing, Respondent Gustavo Jose Benedicto is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. (Hampden Drive transaction) COUNT IX Based upon the foregoing, Respondent Gustavo Jose Benedicto is guilty of having operated as a broker without being the holder of a valid and current license as a broker in violation of Section 475.42(1)(a), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. (Hampden Drive transaction) COUNT. X Based upon the foregoing, Respondent Mario Polo, Jr. is guilty of culpable negligence, or breach of trust in the Hampden transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT XI Based upon the foregoing, Respondent Mario Polo, Jr. is guilty of having employed any person as a salesperson who is not the holder of a valid and current license as salesperson in violation of FDBPR v. Gustavo Jose Benedicto Case No. 2002010697 Administrative Complaint Section 475.42(1)(c), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. COUNT XII Based upon the foregoing, Respondent The Polo Group, Inc. is guilty of culpable negligence, or breach of trust in the Hampden transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT XIII Based upon the foregoing, Respondent The Polo Group, Inc. is guilty of having employed any person as a salesperson who is not the holder of a valid and current license as salesperson in violation of Section 475.42(1)(c), Florida Statutes and, therefore, in violation of Section 475.25(1)(e), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or FDBPR v. Gustavo Jose Benedicto Case No. 2002010697 Administrative Complaint any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J2-24.001. SIGNED this) PF __dayof_Decemb er ___, 2003. _— FILED © KO.CE_ 4p Department of Business and pairment of iso cout Professional Regulation Division of Real Estate By: Jason Steele Director, Division of Real Estate FDBPR v. Gustavo Jose Benedicto Case No. 2002010697 Administrative Complaint ATTORNEY FOR PETITIONER CHRISTOPHER J. DECOSTA Senior Attorney Florida Bar N° 00271410 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX CD/k PCP: NM/HF 12/03 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57 of the Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. 10 * _ Parties agree as follows: 1. Demise: Lessor leases to lessee, in accordance with this agreement, the existing residence owned by lessor and located at_| 27 toz Dy WH & Fo. S342 (the residence), as a tenant beginning 5° DEC +Zeey .andending Direc Fo stew the term of this agreement being for a period of) year(s). 2. Lessee: has inspected the residence and acknowledges that it is delivered to lessee in good condition, suitable for lessee's occupancy. 3. Rent: Rent is $ S +§__ monthly and is payable to lessor or lessor's agent monthly in arvance at cp ew L flov the first rent installment has been pal I24tG WD. Dact mun with this agreement: And each subsequent installment will be paid on the first day of each calendar month that this agreement remains in effect. If this demise begins on any day other than the first day of the calendar month, the first rental installment will be abated proportionately. Any installment not received by the fifth day of any calendar month will be increased by a late charge of ten percent(10%). : 4. Use: The residence will be used exclusively as a Private single family and at no time ' will be occupied by more than i Persons. Lessee will not permit any transients to occupy the residence. And lessee will comply with all requirements of law, including the following duties imposed by the Florida Residential Landlord and Tenant Act: (a) To comply with all imposed upon the tenants by the applicable provisions of building, housing & health codes. (b) To keep the residence clean and sanitary. (c) to remove from the residence all garbage in a clean and sanitary manner. (d) To keep all plumbing fixtures in the residence clean and sanitary and in a serviceable state of repair. (e) To use and operate in a reasonable and sanitary manner all electrical, plumbing, ventilating, air conditioning, and other ~ equipment and appliances. (f) Not to destroy, deface, damage, impair, or remove any portion of the residence or any other property belonging to the owner, not to permit any person to do so. (g) Not to engage in any conduct, or permit any persons in or about the residence with lessee's consent to conduct themselves, in a manner that constitutes a breach of the peace. (h) To maintain the lawn and shrubbery, including watering, mowing, and trimming. Tenant shall no remove any shrubbery or alter the landscaping, without the written consent of the landlord. (1) Tenant acknowledges receipt of operating and maintenance instructions for appliances, refrigerator, range, tange hood, disposal, ADMINISTRATIVE COMPLAINT ns a PAGE OF = dishwasher, clothes washer and dryer, smoke detectors, veester An ~sehemer, garage door opener ani —_ ate Fuaw, tenant agrees to operate and maintain them according to these instructions and to retum the instructions upon termination of lease. (j) Tenant acknowledges receipt of recorded deed restrictions and agrees to comply with same. (k) Tenant to maintain pool, keep water ctiemically balanced, maintain pump, motor and equipment to manufacturer's specifications. 5. Repairs: Lessee will keep the residence in good order, condition, and repair and will surrender it upon any termination of this agreement in the same condition as received, except for. (1) customary wear and tear; (II) any damage resulting from causes other than the fault or neglect of lessee, or any persons in or about the residence with lessee's consent, express or implied, and = (Il) repairs that are lessee’s responsibility under the Florida Residential Landiord and Tenant Act. Reasonable prior written notice constitutes an absolute condition precedent to lessor’s duty of repair; and lessor will not be liable for any consequential damages for failure to repair unless and until lessor has failed to make any required repairs within a reasonable period of time after receiving such written notice. As and when necessary, lessee will make reasonable provision for extermination of: rats, mice, roaches, ants, bedbugs, fleas, and other pests. 6. Utilities: Lessee shall be responsible for the payment of all utilities, including water, gas, electric, heat and all services delivered to the premises, 7. Alterations: Lessee will not make any alterations, additions, or attachments without the prior written consent of lessor; lessee shall repair any damage resulting from said alterations, etc. to the residence at lessee's expense. . 8. Assignment: Lessor will not, assign this agreement, in whole or in part, nor will lessee sublet all or any portion of the residence; and any transfer of lessee’s interest in this agreement, or the residence, shail terminate this lease. 9. Liability: Lessor is not liable to lessee for any injury or damage to person or property caused by any defect in the residence, until fessor has received written notice of its existence and had a reasonable time to correct it. Lessor will not be liable for any loss or injury to person or property caused by any guest of lessee or any other person in or about the residence. Lessee will defend, indemnify, and hold lessor harmless of: and from any and al! losses, damages, liability, or expenses (including reasonable attorney's fees) resulting from any claim asserted by any person or property caused by any act or omission or lessee, or any person -in or about the residence with lessee’s consent, expressed or implied. Without limitation, lessee promptly will repair, or reimburse lessor for the costs of repairing, all damage caused the residence or any other property of lessor by any act or omission of: lessee, or of: any persons in or about the residence with lessee's consent, express or implied. 10. Access: Lessor and his agents shall have the fight to enter the residence at all reasonable times in a reasonable manner for making inspections, any necessary or agreed repairs, alterations, or improvements, supplying agreed services, or, exhibiting the residence to prospective or actual purchases, mortgagees, workman, contractors, or public officials. Upon reasonable prior notice, lessor also may enter the residence at all reasonable times to exhibit it to Prospective tenants. 11. Destruction: If the residence is rendered untenanted by the occurrence of fire, wind, tomado, hurricane, flood, vandalism, or any other casualty reasonably beyond either party's control, then this agreement will terminate automatically as of the date of: such occurrence, and rent will be apportioned accordingly. After reasonable prior written notice, lessor promptly will repair all casualty damage that nodes not render the resident untenanted. Lessor in no event will be liable for lessee for loss of; or damage or injury to, person or property resulting from the occurrence of any casualty. Lessee irrevocably waives the benefit of subrogation against owner by any insurer of lessee's property. EXHIBIT # PAGE _ a OF 12. Holding Over: if the lessee’s remains in possession of the residence after the expiration or termination of the agreement without lessor’s consent, lessee will pay to lessor as rent for such continued possession twice the amount set forth in paragraph three (3) above, apportioned daily. 13. Default: The occurrence of any of: the following constitutes a default by lessee under this agreement. , (a) Monetary: Lessee’s non-payment of: any rent or other sum of money required by this agreement when due. (b) Other: Lessee’s continued default in performing any other duty imposed upon lessee by this agreement, or by law, for a period of: seven (7) days after written notice from lessor. (c) Assignment: Lessee’s assignment of: this agreement, or subletting of the residence to transfer by operation of: law, as prohibited by paragraph eight (8) above. 14. Remedies: !n addition to all other available remedies, lessee grants lessor a lien upon all of: lessee’s property situated in or about the residence as security for lessee’s full performance of this agreement. Upon any default by lessee, lessor in addition to all other remedies may foreclose such lien by lawful procedures. 15. Abandoned Property: If lessor recovers possession of: the residence by expiration of: the term of: this agreement, by lessee’s abandonment, or by lessor’s reentry after default, lessor immediately may remove all of: lessee’s property, if any, situated in or about the residence and store it at a convenient location at lessee's expense. Lessor will have no duty as t6 the safety or preservation of such property other than. not to damage or destroy it intentionally. Within ten (10) days after taking custody of such property, lessor will so notify lessee in writing, by registered or certified mail, return receipt requested, sent to lessee’s forwarding address or other iast known address. Such notice will advise lessee that lessor will dispose of: such property in any manner that lessor sees fit unless all of: itis claimed and physically removed by lessee by a specified date that is not less than twenty (20) days from the date lessor takes custody. If lessee so fails to remove such property, and pay lessor all accumulated storage charges, if any, lessor then may dispose of all such property in any manner without any liability to lessee whatsoever. 16:6Pets: Tenant shall not keep any animals or birds of: any description in said premises without the written consent of: landlord. In consideration of permission by landlord of tenant keeping on said premises, tenant has paid landlord an earned and non-refundable pet fee of: $ 2 In event tenant keeps a pet on the premises without permission of: Landlord, then tenant agrees to pay landiord a pet fee of $5.00 for each day the pet is in or about the premises. It is expressly provided that the following rules are to be observed by the tenant if: the pet is a dog. It shall at ail times be kept on a leash when outside the house. The tenant is to be fully responsible for any damage to property of: owner or of: others which may result from the maintenance of: the pet. Landlord reserves the right to revoke this consent on three (3) day's notice to tenant, if in the Opinion of landiord, the pet has been a nuisance to others or has not been maintained according to these rules. In the event consent is revoked, tenant agrees to forthwith discontinue maintenance of the pet or the premises and failure to so discontinue, shall be a breach of the lease. . ° 17. Security Deposit: Lessee has paid lessor $9 is 58 Security for lessee's full performance of this agreement (including payment of any accumulated late charges). If lessee defaults under this agreement, lessor may apply such deposit in reduction of all costs, damages and expenses lessor incur because of such default without waiving or limiting any right or remedy ive. COMPLAINT a OF iT _ Ss 2 of lessor. If lessee fully performs this agreement, such deposit will be retumed to lessee upon 3 expiration of this agreement. Non-interest bearing account. “Gawe—o fF pear. 3 Ft 18. General: This lease contains the entire agreement of the parties, no waiver by lessor Zz ral of any default by lessee in a waiver of any subsequent default, nor is lessor’s consent to any 5 8 < single net consent to any subsequent act, unless lessor expressly agrees otherwise by a signed c writing. This agreement binds, and inures to the benefit of, the respective heirs, successors, and assigns of the parties; subject, however, to the prohibitions of assignment set forth above. The term “Lessee” includes all persons signing this agreement as lessees, jointly and severally. All provisions of this agreement are dependent, and the violation of any provisions constitutes a violation of a material provision. In the event lessee should be in default under this agreement, or if as a result of lessee’s conduct or occupancy of the residence, lessor is damaged, lessor shall be entitled to recover all costs and expenses incurred, including reasonable attomey’s fees, _ whether or not judicial proceedings are commenced. Paragraph headings are for indexing purposes only, and the use of the term “including” is always without limitation. 19. Agency Disclosure: Is by this document giving notice to the tenant that he/she/it is the agent and representative of thé landlord. — The undersigned(s) acknowledge(s) that this written notice was received before the undersigned(s) a #475.25(1)(Q) Florida Statutes, and rule 21V-10.003, Florida Administrative Code. ‘ Radon Gas: Notice to Prospective Purchaser/Tenant. 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 if radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing by be obtained from your County public Health Unit. Pursuant to #404.056(8), Florida Statutes. Compensation: \f applicable the buyer acknowledges that (Eyereres Name ofAgent Shy w — is being paid by the seller, Pursuant to rule 2-13.003(2), Florida Administrative code. -~,. ,.20. Time is of the Essence: It is agreed and understood by and between the parties that " ‘time ¥ of the essence and that the lessee-shalt be requiredt'temply with each and every term and condition of this lease agreement in a timely manner. Lane, wW— (Seal) “Lesso * a“ ce (Seal) As to "Lessor “Lessor” Signature Witnessed By: As to “Lessee” “Lessee” ADMINISTRATIVE. COMPLAINT. EXHIBIT. #_| PAGE oo OF Light Fixtures Central Heat and Air Water Heater Electrical Outlets —___ 2 Miscellaneous Please note any damages to above items and report immediately if these items are not in good working order. This inspection sheet is used for séveral purposes: As a Written record of the condition of the property at the time you took possession. This same sheet is used when you move-out to determine any damages, so be complete. For you to inspect and test all major electrical, plumbing, cooling and heating components at time of move-in. If any repairs are needed all work will be completed when this list is filled out, signed and retumed. This list must be returned within two weeks of move-in and will become an addendum to your lease for future reference. ’ \W> 2 R Duwkice , tPA - 33625 Property Address Date Tenant Tenant eee Tenant a : : eee ADMINISTRATIVE COMPLAINT, EXHIBIT # PAGE Dose RENTAL AGREEMENT This ri anal agreement i 5 made and entered into this” May of FF : age of du / 2 & ; between Pro § Axe A Cral “ft Lessory Aa, 2 / and Toss, Mar hein, Tierra» La fa, (Lessee’), and witnesséa’that (hg, 7 parties agree as follows: 1. Demise: Lessor leases to lessee, in accordance with this agreement, the existing residence owned by lessor and located at Da 35 € 26 (the residence), as atenant beginning 2. /z 782662. and ending /2/#o 49 Zao vu the —_ term of this agreement being for a period of ____ year(s). 2. Lessee: has inspected the residence and acknowledges that. it is delivered to lessee in good condition, su suitable for lessee‘s occupancy. 3. Rent: Rent is $ $ +5 monthly and is payable to lessor or lessor's agent monthly in advance at , >. Di the first rent installment has been aid St 6 Pid Pe ty p [tr Fe. B3Ee€ with this agreement: And each subsequent inétaltment will be paid on the first day of each calendar month that this agreement remains in effect. If this demise begins on any day other than the first day of the calendar month, the first rental installment will be abated proportionately. Any installment not received by the fifth day of any calendar month will be increased by a late charge of ten percent(10%). 4. Use: The residence will be used exclusively as a private single family and at no time will be occupied by more than persons. Lessee will not permit any transients to occupy the residence. And lessee will comply with all requirements of law, including the following duties imposed by the Florida Residential Landlord and Tenant Act: (a) To comply with all imposed upon the tenants by the applicable provisions of building, housing & health codes. (b) To keep the residence clean and sanitary. (c) to remove from the residence all garbage in a clean and sanitary manner. (d) To keep all plumbing fixtures in the residence clean and sanitary and in a serviceable state of repair. (e) To use and operate in a reasonable and sanitary manner all electrical, plumbing, ventilating, air conditioning, and other equipment and appliances. (f) Not to destroy, deface, damage, impair, or remove any portion of the residence or any other property belonging to the owner, not to permit any person to do so. (g) Not to engage in any conduct, or permit any persons in or about the residence with lessee’s consent to conduct themselves, in a manner that constitutes a breach of the peace. (h) To maintain the lawn and shrubbery, including watering, mowing, and trimming. Tenant shall no remove any shrubbery or alter the landscaping, without the written consent of the landlord. (1) Tenant acknowledges receipt of operating and maintenance instructions for appliances, refrigerator, range, range hood, disposal, ADMINISTRATIVE COMPLAINT EXHIBIT # Exh. Y-L Page [op 3 dishwasher, clothes washer and dryer, smoke detectors, water softener, garage door openerand__ tenant agrees to operate and maintain them according to these instructions and to return the instructions upon termination of lease. (j) Tenant acknowledges receipt of recorded deed restrictions and agrees to comply with same. (k) Tenant to maintain pool, keep water chemically balanced, maintain pump, motor and equipment to manufacturer's specifications. 5. Repairs: Lessee will keep the residence in good order, condition, and repair and will surrender it upon any termination of this agreement in the same condition as received, except for: (1) customary wear and tear; (II ) any damage resulting from causes other than the fault or neglect of lessee, or any persons in or about the residence with lessee’s consent, express or implied, and (Il!) repairs that are lessee’s responsibility under the Florida Residential Landiord and Tenant Act. Reasonable prior written notice constitutes an absolute condition precedent to lessor's duty of repair; and lessor will not be liable for any consequential damages for failure to repair unless and until lessor has failed to make any required repairs within a reasonable period of time after receiving such written notice. As and when necessary, lessee will make reasonable provision for extermination of: rats, mice, roaches, ants, bedbugs, fleas, and other pests. , 6. Utilities: Lessee shall be responsible for the payment of all utilities, including water, gas, electric, heat and all services delivered to the premises. 7. Alterations: Lessee will not make any alterations, additions, or attachments without the prior written consent of lessor; lessee shall repair any damage resulting from said alterations, etc. to the residence at lessee’s expense. 8. Assignment: Lessor will not, assign this agreement, in whole or in part, nor will lessee sublet all or any portion of the residence; and any transfer of lessee’s interest in this agreement, or the residence, shall terminate this lease. 9. Liability: Lessor is not liable to lessee for any injury or damage to person or property caused by any defect in the residence, until lessor has received written notice of its existence and had a reasonable time to correct it. Lessor will not be liable for any loss or injury to person or property caused by any guest of lessee or any other person in or about the residence. Lessee will defend, indemnify, and hold lessor harmless of: and from any and all losses, damages, liability, or expenses (including reasonable attorney’s fees) resulting from any claim asserted by any person or property caused by any act or omission or lessee, or any person in or about the residence with lessee’s consent, expressed or implied. Without limitation, lessee promptly will repair, or reimburse lessor for the costs of repairing, all damage caused the residence or any other property of lessor by any act or omission of: lessee, or of: any persons in or about the residence with lessee’s consent, express or implied. 10. Access: Lessor and his agents shall have the right to enter the residence at all reasonable times in a reasonable manner for making inspections, any necessary or agreed repairs, alterations, or improvements, supplying agreed services, or, exhibiting the residence to prospective or actual purchases, mortgagees, workman, contractors, or public officials. Upon reasonable prior notice, lessor also may enter the residence at all reasonable times to exhibit it to prospective tenants. 11. Destruction: If the residence is rendered untenanted by the occurrence of fire, wind, tornado, hurricane, flood, vandalism, or any other casualty reasonably beyond either party’s control, then this agreement will terminate automatically as of the date of: such occurrence, and rent will be apportioned accordingly. After reasonable prior written notice, lessor promptly will repair all casualty damage that nodes not render the resident untenanted. Lessor in no event will be liable for lessee for loss of; or damage or injury to, person or property resulting from the occurrence of any casualty. Lessee irrevocably waives the benefit of subrogation against owner by any insurer of lessee’s property. : ADWINIS PRAL iE COMPLAIN EXHIBIT #_ 22 of*F OF — PAGE a _ 12. Holding Over: If the lessee’s remains in possession of the residence after the expiration or termination of the agreement without lessor’s consent, lessee will pay to lessor as rent for such continued possession twice the amount set forth in paragraph three (3) above, apportioned daily. 13. Default: The occurrence of any of: the following constitutes a default by lessee under this agreement. “(a) Monetary: Lessee’s non-payment of: any rent or other sum of money required by this agreement when due. (b) Other: Lessee’s continued default in performing any other duty imposed upon lessee by this agreement, or by law, for a period of: seven (7) days after written notice from lessor. (c) Assignment: Lessee’s assignment of: this agreement, or subletting of the residence to transfer by operation of: law, as prohibited by paragraph eight (8) above. 14. Remedies: In addition to all other available remedies, lessee grants lessor a lien upon all of: lessee’s property situated in or about the residence as security for lessee’s full performance of this agreement. Upon any default by lessee, lessor in addition to all other remedies may foreclose such lien by lawful procedures. 15. Abandoned Property: If lessor recovers possession of: the residence by expiration of: the term of: this agreement, by lessee’s abandonment, or by lessor’s reentry after default, lessor immediately may remove all of: lessee’s property, if any, situated in or about the residence and store it at a convenient location at lessee’s expense. Lessor will have no duty as to the safety or preservation of such property other than not to damage or destroy it intentionally. Within ten (10) days after taking custody of such property, lessor will so notify lessee in writing, by registered or certified mail, return receipt requested, sent to lessee’s forwarding address or other last known address. Such notice will advise lessee that lessor will dispose of: such property in any manner that lessor sees fit unless all of: it is claimed and physically removed by lessee by a specified date that is not less than twenty (20) days from the date lessor takes custody. If lessee so fails to remove such property, and pay lessor all accumulated storage charges, if any, lessor then may dispose of all such property in any manner without any liability to lessee whatsoever. 16. Pets: Tenant shall not keep any animals or birds of: any description in said premises without the written consent of: landlord. In consideration of permission by landlord of tenant keeping on said premises, tenant has paid landlord an earned and non-refundable pet fee of: $ . In event tenant keeps a pef on the premises without permission of: Landlord, then tenant agrees to pay landlord a pet fee of $5.00 for each day the pet is in or about the premises. ___ It is expressly provided that the following rules are to be observed by the tenant if. the pet is a dog. It shall at all times be kept on a leash when outside the house. The tenant is to be fully responsible for any damage to property of: owner or of: others which may result from the maintenance of: the pet. Landlord reserves the right to revoke this consent on three (3) day’s notice to tenant, if in the opinion of landiord, the pet has been a nuisance to others or has not been maintained according to these rules. In the event consent is revoked, tenant agrees to forthwith discontinue maintenance of the pet or the premises and failure to so discontinue, shall be a breach of the lease. 17. Security Deposit: Lessee has paid lessor $ 5? §~as security for lessee’s full performance of this agreement (including payment of any accumulated late charges). If lessee defaults under this agreement, lessor may apply such deposit in reduction of all costs, damages and expenses lessor incur because of such default without waiving or limiting any right or remedy of lessor. If !essee fully performs this agreement, such deposit will be returned to lessee upon expiration of this agreement. Non-interest bearing account. Ba Se 0 [% fit, 18. General: This lease contains the entire agreement of the parties, no waiver by lessor of any default by lessee in a waiver of any subsequent default, nor is lessor’s consent to any single net consent to any subsequent act, unless lessor expressly agrees otherwise by a signed writing. This agreement binds, and inures to the benefit of, the respective heirs, successors, and ADMINISTRATIVE COMPLAINT. EXHIBIT # a PAGE 7 sCOF OK 4 Property Address: &*36 eve: Dn. Lease Period: Zfz xf ou to 2 Dr Monthly Rent: ee ee Security Deposit: S + CC Occupants of Property: Adults l t Children ed Pets 3 Application Fee Paid: oO ' Pet Fee Paid: Oo Rent Paid: Security Paid: Bo. Work to be done prior to move-in: “res Please have electric and water/sewer turned on by in order to Complete move-in work. Upon completion of lease and property inspection a security disclaimer for will be signed by tenant and landlord and monies disbursed. Tenant agrees to leave water and electric service on at property after move-out for property inspection and repairs. Date: Tenant: Tenant: Tenant: ADMINISTRATIVE COMPLAINT EXHIBIT # pace &f or wh L assigns of the parties; subject, however, to the prohibitions of assignment set forth above. The term “Lessee” includes all persons signing this agreement as lessees, jointly and severally. All provisions of this agreement are dependent, and the violation of any provisions constitutes a violation of a material provision. In the event lessee should be in default under this agreement, or if as a result of lessee’s conduct or occupancy of the residence, lessor is damaged, lessor shall be entitled to recover all costs and expenses incurred, including reasonable attorney’s fees, whether or not judicial proceedings are commenced. Paragraph headings are for indexing purposes only, and the use of the term “including” is always without limitation. 19. Agency Disclosure: Is by this document giving notice to the tenant that he/shei/it is the agent and representative of the landlord. The undersigned(s) acknowledge(s) that this written notice was received before the undersigned(s) a #475.25(1)(Q) Florida Statutes, and rule 21V-10.003, Florida Administrative Code. Radon Gas: Notice to Prospective Purchaser/Tenant. 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 if radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing by be obtained from your County public Health Unit. Pursuant to #404.056(8), Florida Statutes. Compensation: |f applicable the buyer acknowledges that Gus Baw Ge TP Name of Agent is being paid by the seller, Pursuant to rule 2+13.003(2), Florida Administrative code. 20. Time is of the Essence: It is agreed and understood by and between the parties that time is of the essence and that the lesseé shall be required to comply with each and every term and condition of this lease agreement in a timely manner. (Seal) “Lessor” Gv feu oe hy (Seal) As to. *"Lessor”, “Lessor” Signature Witnessed By: rece \ AP oA SEP (Seal) “Lessee” ~SAva Wz ~ (Seal) As to "Lessee” Light Fixtures Central Heat and Air Water Heater Electrical Outlets Miscellaneous Please note any damages to above items and report immediately if these items are not in good working order. This inspection sheet is used for several purposes: As a Written record of the condition of the property at the time you took possession. This same sheet.is used when you move-out to determine any damages, so be complete. For you to inspect and test all major electrical, plumbing, cooling and heating components at time of move-in. If any repairs are needed all work will be completed when this list is filled out, signed and returned. This list must be returned within two weeks of move-in and will become an addendum to your lease for future reference. Property Address Date Tenant Tenant Tenant ADAATOToLTIIT COMDLAL MEETS SS EP a tae a te” GED wiuUus Please forward your payment, payable to FAWN RIDGE HOMEOWNERS ASSOCIATION, INC., and confirmation of the resolution of the above-mentioned items, to me at the above address. The property manager has been advised to contact me if the matter remains the same as of the dates indicated pertaining to each violation, at which time suit will be filed. PLEASE GOVERN YOURSELVES ACCORDINGLY u - ec: Fawn Ridge Homeowners Association, Inc, ue ADMINISTRATIVE O Be EXHIBIT A Leen pace 2 OF ————

Docket for Case No: 07-003153PL