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IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY,
FLORIDA CASE NO: 50-2023-CA012067-XXXX-MB
Jo-Anne Sparta
Plaintiff,





v.
Related Affordable LLC, TRG Management Company LLP,
SA Residences Preservation, L.P., and Michael Blumenau,
Defendants.
THIRD AMENDED COMPLAINT
Plaintiff Jo-Anne Sparta, Plaintiff, hereby files this Third Amended Complaint against Related
Affordable LLC, TRG Management Company LLP, SA Residences Preservation, L.P., and Michael Blumenau,
Defendants. Nota: Since S. A. Residences is simply an entity formed by Related Affordable for this property,
named on the lease and checks, but with no staff onsite, and headquartered at Related Affordable’s New York
office, herein to be included when Defendant Related Affordable is mentioned, and alleges as follows:
INTRODUCTION
1.
This is a pleading to recover damages resulting from the Defendants’ actions. Related
Affordable is cited herein for Material Breach of Contract, and Gross Negligence. Their chosen management
company, TRG Management Company is also cited herein for Material Breach of Contract and Gross
Negligence. Related Affordable, as owner, violated Plaintiff’s Lease, HUD Regulations, and state and federal
mandates to provide the Plaintiff with a safe, clean, habitable, functioning and fair environment, with the
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appropriate goods, services and quality of life guaranteed by law. TRG Management Company, through their
aggressive mismanagement, also violated Plaintiff’s rights mentioned above, and additionally, invaded her
privacy, violating Miya’s law regularly. In addition, Plaintiff, cites that Defendant Related Affordable as
owner, was Grossly Negligent in it’s duty to exercise reasonable care to maintain and inspect the premises for
habitable conditions and to warn Plaintiff of the toxic presence of asbestos, silica and black mold, creating the
dangerous conditions which were known to the Defendants at the time. Defendant TRG Management
Company in turn was also Grossly Negligent in managing the property. TRG Management did not take
reasonable care in handling all onsite activities adversely affected the Plaintiff. Defendant Related Affordable
Conspired with TRG to harass and bully the Plaintiff. TRG Conspired with Michael Blumenau to provide
illegal means to effectuate legal measures, through false allegations accusing the Plaintiff of forgery, among
other Defamatory statements. These actions deprived the Plaintiff of any benefits she was entitled to, resulted
in, and with ongoing damage to, the Plaintiff’s mental, physical and financial health, and her ability to work.
Finally, the aggressive, Retaliatory campaign mounted against the Plaintiff, and described in detail as per each
Defendant and their actions in the body of this pleading, proves clearly that a hostile and toxic environment
deprived the Plaintiff of any quality of life, and ultimately, illegally, forced her from her home. The damages
to the Plaintiff are cumulative and ongoing, and she seeks relief through this pleading.1
2.
The venue is proper in Palm Beach County, Florida, because the causes of action arose in
Palm Beach County, Florida.

1 Edwards v. Prime Inc., 602 F.3d 1276, 1291 (11th Cir. 2010)( factual allegations are "enough to raise a right to relief above the
speculative level.") Rivell, 520 F.3d at 1309 (quoting Twombly, 550 U.S. at 555, 127 S.Ct. at 1965). ("…the facts as pled state a
claim for relief that is plausible on its face.") Sinaltrainal, 578 F.3d at 1260 (citing Iqbal 129 S.Ct. at 1950; Twombly, 550 U.S. at
561-62, 570, 127 S.Ct. at 1968-69, 1974). "Stated) differently, the factual allegations in the complaint…possess enough heft' to set
forth 'a plausible entitlement to relief.'" Fin. Sec. Assurance, Inc. v. Stephens, Inc., 500 F.3d 1276, 1282 (11th Cir. 2007)
(quoting Twombly, 550 U.S. at 557, 127 S.Ct. at 1966-67).”)

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PARTIES

3.
Plaintiff Jo-Anne Sparta, is over the age of majority, is a resident of Palm Beach County,
Florida, and is otherwise sui juris.
4.
Defendant Related Affordable LLC, through their entity, SA Residences Preservation, L.P.,
is licensed to do business at the 208 Fern Street property in West Palm Beach, Palm Beach County, Florida.
5.
Defendant TRG Management is licensed to do business at the 208 Fern Street property in
West Palm Beach, Palm Beach County, Florida.
6.
Defendant Michael Blumenau was a resident at the time of Plaintiff’s residency, and still is
a resident of said property, in apt 1010, Palm Beach County, Florida.
7.
All are otherwise sui juris.
GENERAL ALLEGATIONS

8.
Plaintiff resided in a rental unit at 208 Fern Street, Apt 1501, in West Palm Beach, Florida, from
November of 2020, until August 31, 2023, when she was forced to vacate.
9.
Property is owned by Defendant Related Affordable and bound by the legal mandates governing
Ownership of a residential properties in Florida.
10.
Property is managed by Defendant TRG Management Company and bound by the legal
mandates governing the Management of residential properties in Florida.
11.
Defendant Michael Blumenau was and is a resident in Apt 1010 of the Property.
COUNT I- MATERIAL BREACH OF CONTRACT: Related Affordable
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12. Defendant Related Affordable was legally responsible, as owner, for providing the Plaintiff with
a safe, clean, functioning, and habitable apartment as noted in the Lease Agreement, providing
a Warranty of Habitability, and respecting the Tenant/Landlord Act 101, guaranteeing the
Covenant of Quiet Enjoyment, and adhering to Landlord Responsibilities in the HUD
guidelines, as per the Plaintiff’s residency in the building .Documents referenced attached as
Exhibits: S-1 through S-4 in respective order listed.
13. Defendant Related Affordable was in continual Material Breach Of Contract vis-à-vis the legal
obligation towards the Plaintiff to provide what was mandated, for the entire nearly 3 years she
was in residence, as outlined and mandated in the aforementioned contracts and documents.
14.
Plaintiff always met her contractual obligations, paying her full rent on time, remaining polite
and professional in her entreaties for assistance, and being helpful and patient until such time as
the Defendant ignored her and placed her in physical and mental jeopardy, when she was forced
to protect and defend herself continually.
15. Defendant Related Affordable gave control of onsite operations to TRG Management, in
writing, and were in contact, ultimately approving or refusing all property activities.
“Unfortunately, New York said no”.2 Quote from TRG referring to Related Affordable’s
ultimate dominion over everything at the property.
16.
Plaintiff provides Video Exhibits: B-1, D-2, E, E-1, F-5, G, G-1, to support the allegation of
Material Breach Of Contract, clearly showing the constant, horrific and outrageously dangerous
living conditions the Plaintiff was forced to endure, and for which Related Affordable was

2 Lauren Prather, TRG’s senior Regional Manager, referring to a neighbor, Annette Guilbeault, trying to help Plaintiff by pet-sitting
her dog, once she was forced out and living in a van.
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responsible, as owner of the property.
Nota Bene-Court Clerk will verify, Video exhibits cannot be uploaded to the e-file portal. Plaintiff
hand-delivered a thumb drive with the Videos to the Court, which was documented, and emailed
Defendants’ counsel separately when she emailed another copy of this Complaint with Exhibits
attached.
17.
Toxic and unsafe conditions were attested to by Inspectors and outside agencies: Exhibits: D:
Inspection Failed-Payment Abated, after 3 failed other inspections. And D-1; outside agency
confirming unsafe levels of toxic dust on windowsills. See also Video-D-2 of Plaintiff’s
windowsills she lived with for nearly a year.
18.
Plaintiff maintained regular contact with Related Affordable, and they were aware of everything
that was happening at the property. See Exhibits attached: P and P-1 to Related Affordable’s
Matthew Finkle and David Pearson. Additionally, Reports by authorities confirming the
ongoing dangers: Exhibits attached: D, D-1 and Video D-2, also sent to Related Affordable.
19. Defendant Related Affordable caused the Plaintiff significant losses, including the ultimate loss
of her belongings, dog and home, damages to her mental and physical health that have continued
as a result of their refusal to provide what was legally required, and refusal to provide remedies
that would have prevented her exposure to lethal toxins, constant stress because there was no
regular service for the elevators, drilling that impacted her hearing for months at all hours, other
access or egress from the 15th floor to walk her dog, or another unit or building accommodation
provided, or any other sort of remedial assistance. See Video G and G-1, See also Exhibits D
and D-1 attached herein.
20.
26. If Related Affordable had not been in Material Breach of Contract, Plaintiff would not
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have suffered the extreme damages and losses she did.
21.

WHEREFORE PLAINTIFF REQUESTS JUDGMENT FOR DAMAGES,
PER FL 416.4 , FROM DEFENDANT RELATED AFFORDABLE FOR
MATERIAL BREACH OF CONTRACT, INCLUDING BUT NOT LIMITED TO: THE
COSTS ENUMERATED IN PLAINTIFF’S AMENDED COSTS LETTER, EXHIBITC-1,
AND ANY OTHER RELIEF THIS HONORABLE COURT DEEMS JUST AND
PROPER.

COUNT-I MATERIAL BREACH OF CONTRACT: TRG MANAGEMENY COMPANY
22. Defendant TRG Management Company was given operational control by Related Affordable,
as their chosen Management Company, to manage all the onsite property operations.
23.
TRG Management Company was in Material Breach of Contract daily, with no proper notice
given to the Plaintiff on repairs, no notice or explanation, then denial of exposure to toxic
dangers, timelines, or any other legally required updates to residents throughout the takeover.
24.
TRG Management Company was in Material Breach Of Contract; never acknowledging the
onsite danger and damages, see Exhibits: D and D-1 (reports confirmed by inspectors,
mentioned in Paragraph 17), TRG Management’s Reg. Manager at the time- Doug Zimmer’s
letter denying exposure to asbestos, Exhibit B-3 attached, even though it was noted by Mr.
Morales, in his letter-Exhibit B-attached, that the owner/management personnel had alerted
them of asbestos onsite as early as June 16, 2022, yet did not mention anything to residents until
July 5, 2022, exposing the Plaintiff not only to unnecessary toxins that affected her physically,
but also the gaslighting stress of TRG never telling the truth about what was happening, or
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responding in an effective and timely manner.
25.
TRG Management violated Plaintiff’s rights and jeopardized her health when they sent her back
into her apartment with toxic dust swirling everywhere. See Video B-1, dated June 20th, when
TRG knew there was asbestos, but sent Plaintiff and another resident, Jack Hairston, back into
their apartments. NOTA BENE: All other residents were given hotel rooms thereafter, once
Mr. Hairston and the Plaintiff had already complained. * Mr. Hairston died of
complications from pneumonia.
26.
TRG Management Company was systematically in Material Breach of Contract; invading
Plaintiff’s privacy, violating Miya’s Law daily by knocking and entering her home without
notice, effectuating wrong repairs, or not finishing required repairs, and other invasive and
destructive actions. *Plaintiff has months of flyers from management and witnesses with proof
on lack of proper operations. Additionally, the Plaintiff had her belongings stolen, as did other
residents, because TRG Management Company gave out passkeys to anyone with no check or
follow up. * Police report available. Witnesses will also corroborate having belongings stolen
by passkey thieves.
27.
TRG Management Company mounted an aggressive and punitive campaign against the Plaintiff,
in Material Breach of Contract and Plaintiff’s rights, because of her reaching out to agencies,
departments and the media for help, using illegal , fabricated allegations and accusations as
means to issue legal lawyers’ letters reprimanding the Plaintiff for events that never occurred,
warning her not to try and help anyone else who complained, and issuing letters that eventually
forced her out of her home. See Exhibits from Barfield-McCain: A, A-2, A-4, and A-6 , attached
herein.
28.
Plaintiff remained professional in her exchanges with Defendant TRG Management Company,
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even when the series of punitive, retaliatory letters began arriving. These aggressive, fabricated
letters, filled with false allegations and accusations, were common practice for TRG
Management Company to shut down any whistleblowers. See also Exhibits: L-3, L-4 and,
attached herein, and L-9, L-10 and L-11 from other residents for corroboration of TRG’s
Management abusive, retaliatory policies towards complainants.
25. TRG Management Company, in their persistent refusal to abide by contractual obligations and
legal-mandated laws, caused the Plaintiff anxiety, physical and mental problems and stresses that
continue to this day, losses; including her jewelry stolen, her dog’s death from inhalation of toxic dust,
and the illegal means used in legal letters that harassed, intimidated, bullied and ultimately forced her
out of her home.
26. If TRG Management Company had not been in Material Breach of Contract, Plaintiff would not
have suffered the extreme damages and losses she did.
Wherefore Plaintiff requests judgment for damages from Defendant TRG Management
Company, as per FL 416.4 , for Material Breach Of Contract, including but not limited to: the
costs enumerated in Plaintiff’s Amended Costs letter, ExhibitC-1, and any other relief this
Honorable Court deems just and proper.
COUNT II-GROSS NEGLIGENCE: Related Affordable
26. Plaintiff requested a meeting with Defendant Related Affordable’s VP: David Pearson in August
of 2022, after receiving his contact information from a previous Asst. Manager & a previous Service
Director, who eventually quit because of the untenable conditions imposed on staff, outside
contractors, and residents by TRG Management Company, which Related Affordable Controls. In fact,
no one from the original 1st year of their management is still working there. The turnover is indicative
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of a hostile environment.3Plaintiff has several previous employees who will testify. Also see Dorothy
Brown’s email, Ex R.
27. Plaintiff was assured every step would be taken to remedy the inhabitable conditions in the
building and her apartment. Instead, nearly a year would pass with Plaintiff living in untenable &
dangerous conditions. These conditions were corroborated with the afore-mentioned Video Exhibits, in
COUNT I, Paragraph 15 and the attached Exhibits D, D-1, and D-2, from Inspectors and 3rd parties,
confirming the toxicity exposure.
28. Plaintiff spent months dealing with, and exposed to: asbestos flaking, silica dust and black mold,
and non-working elevator, all properly documented by videos, Inspectors reports, and written
corroboration from West Palm Beach Code Enforcement mentioned herein. See Exhibits D-2, E and
E-1, already mentioned and attached.
29. Plaintiff contacted Mr. Pearson regularly to plead for help. Text and emails available, plus several
certified letters mentioned in COUNT I-Paragraph 16; Ex P and P-1. Additionally, Plaintiff will call
Steven Vaughn, a HUD Inspector, who stated that the owners (Related Affordable) were “stonewalling
them” for accurate updates and information, especially when Related Affordable was ultimately denied
subsidy payments for repeated failed inspections not having addressed dangerous conditions, like the
asbestos-flaking ceilings in the Plaintiff’s apartment. Additionally, Mr. Vaughn reprimanded the
Plaintiff for relaying the information and said he’d been yelled at, and not to use his name again.
30. At no time did the Defendant, Related Affordable, contact the Plaintiff directly to respond, or
offer other accommodations, or any other means of remedial assistance to offset living in unsafe,

3 See Dorothy Brown’s emails, Exhibit R-8 on how long problems existed and the number of staff fired or quit, which has since
increased by another dozen people hired by TRG, and gone.
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unhealthy, illegal conditions the Plaintiff was suffering with, until she sent the video D-2,of December,
2022 directly to David Pearson at Related Affordable. Even then, he did not respond, but sent his
construction manager, David Allen, to see what was happening.
Mr. Allen stated clearly upon inspection, that “none of this should have happened, it should have been
finished months ago.* Plaintiff intends to call Mr. Allen as a witness.
31. Plaintiff contended with floods, exposure to lethal toxins, & mold, causing triggered Meniere’s
attacks from constantly having to go up and down 15 flights of steps, breathing difficulties, shortness
of breath, pericardial effusion, and bruxism, documented by her doctors See Exhibits M and M-1.
32. Plaintiff had no previous history of any of these conditions before moving into this sick building”.
4 They were a direct result of the Defendant, Related Affordable’s Gross Negligence.
33. More specifically, Defendant Related Affordable failed to use reasonable care in its (including but
not limited to): renovations, maintenance, operations, staffing, communications or other forms of care
that could have precluded or alleviated the damages caused to the Plaintiff.
34. As a result of Defendant Related Affordable’s Gross Negligence, their breach of duty of care to
the Plaintiff to assure a safe, clean, healthy environment free from toxic exposures, and with goods and
services available, as per legally mandated requirements, knowingly aware of the conditions that were
dangerously detrimental to the Plaintiff, she suffered significant harm and damages, that did not exist
previously, either physically or mentally, and would never have occurred but for their Gross Negligence.
35. Defendant Related Affordable’s obvious and reckless conduct constituted a conscious disregard
or indifference to the life, safety, or rights of the Plaintiff.

4 See Exhibit B, Mr. Morales’ letter. Related Affordable knew of the dangers and did not provide reasonable respite.
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36. It is clear that but for Defendant Related Affordables’s outrageous disregard for known events
onsite, the Plaintiff would not have suffered the physical and mental harm and the subsequent extreme
losses that she did.
WHEREFORE Plaintiff requests against Defendant Related Affordable, judgment for damages
resulting from their Gross Negligence, as per: FL768.72 (b), including but not limited to monetary
damages, as cited in Plaintiff’s Amended Costs, Exhibit C-1, personal fees: legal, medical, clerical and
other ongoing costs, prejudgment interest, and any other relief this Honorable Court deems just and
proper.
Count II-GROSS NEGLIGENCE: TRG Management Company
37. Defendant TRG Management Company was contractually, legally responsible for the day-to-
day operational and communicational activities and was Grossly Negligent in their duty of care to the Plaintiff.
38. Defendant TRG Management Company systematically failed to comply with the required
Notices, as per Miya’s Law, and timely Responses, due the Plaintiff as a resident. This can be corroborated by
many on the Witness List submitted, and Plaintiff’s dozens of emails, TRG flyers and contemporaneous notes
already zip-filed and sent to Defendants’ counsel.
39. The Plaintiff wrote, emailed and texted regularly, often several times a week, about the onsite
conditions and their harmful results, especially with TRG Reg. MGR Doug Zimmer, with whom Plaintiff has
months of emails to prove her allegations, many of which counsel already has.
40. The Defendant TRG Management Company presented a significant departure from the
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degree of care expected, and an intentional, reckless disregard for the safety and well-being of the Plaintiff.5
41. Plaintiff has presented evidentiary proof of the physical and mental upset and damages, caused
by the Defendant, see Exhibits M and M-1, attached herein.
42. TRG Management Company’s consistent refusal to properly and definitively address the ongoing
dangers the Plaintiff was exposed to, knowingly causing substantial risk of severe harm, did indeed result in
ongoing conditions and physical difficulties the Plaintiff did not have any history of previously.
43. Instead of pro-actively addressing these Grossly Negligent conditions, of which the Defendant
TRG Management Company was well aware, they sent a barrage of letters, supposedly answering Plaintiff’s
legitimate concerns, but in fact, trying to drown her in misinformation, aggressive accusations, falsely stated
events, and coerced statements from staff or residents to threaten her. See Exhibits: L-3 and L-4, attached herein.
*There are many others the Plaintiff can provide.
NOTA BENE: Plaintiff has already refuted several of the lies told by TRG’s lawyer, used as part
of the reason she was forced out, about destroying property in the building and her apartment. See video
Exhibit N, of TRG’s Nicole Martinez’s walkaround and return of Plaintiff’s full security deposit because
there was no damage found anywhere.*Nicole Martinez is no longer with the property, either.
44. For additional corroboration on TRG Management Company’s reckless, harmful and negligent
practices, see Exhibit: R, attached herein, depicting clearly, the abusive, negligent, reckless and aggressive
policies used, leaving residents to try and protect and defend themselves.
45. The Plaintiff duly maintained her obligations as a resident, paid her rent on time, maintained a

5 Lauren Prather, TRG Exec, told Annette Guilbeault she had “never seen such a mess made of a renovation.” Ms. Guilbeault will
attest to that.
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clean and quiet residency, and remained politely communicative, while documenting and relaying everything
on a daily basis, as can be seen with the initial, affable emails with TRG’s Doug Zimmer..
46. Defendant TRG Management Company’s obvious and reckless conduct constituted a conscious
disregard or indifference to the life, safety, and legal rights of the Plaintiff.
47. It is clear that but for TRG Management’s consistent Gross Negligence, the Plaintiff would not
have suffered the physical and mental harm and the subsequent extreme losses that she did.
WHEREFORE Plaintiff requests against Defendant TRG Management Company, judgment for
damages resulting from their Gross Negligence, as per: FL768.72 (b), including but not limited to
monetary damages, as cited in Plaintiff’s Amended Costs, Exhibit C-1, personal fees: legal, medical,
clerical and other ongoing costs, prejudgment interest, and any other relief this Honorable Court deems
just and proper.
NOTA BENE : “[W]here the negligent party is a professional, the law imposes a duty to perform
the requested services in accordance with the standard of care used by similar professionals in the
community under similar circumstances.” Moransais v. Heathman, 744 So. 2d 973, 975-76 (Fla. 1999).
COUNT III-CIVIL CONSPIRACY: Related Affordable
48. Defendant Related Affordable proceeded to Co-Conspire with TRG Management Company
to retaliate against the Plaintiff for her whistleblowing and regular complaint filing with anyone she
believed could help.
49. Defendant Related Affordable’s underlying wrong was in refusing to respond to legitimate
concerns by the Plaintiff, that were required by law, to be addressed to assure the habitable conditions,
as mentioned in the Material Breach of Contract-in Count I.
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50. Defendant Related Affordable’s continued underlying wrong was in their consistent Gross
Negligence, mentioned in Count II, again, knowing what was happening and refusing to directly
address it with the Plaintiff, to her extreme detriment.
51. Defendant Related Affordable, as controlling entity and owner, had the power to rescind TRG
Management company’s actions, and chose wrongly, not to. See Exhibit P-2 , Plaintiff’s letter, one of
many,to TRG’s lawyer, Ryan McCain, with a cc to Related Affordable’s David Pearson, asking
Related Affordable if they sanctioned the actions taken against the Plaintiff. There was knowledge on
the part of Defendant Related Affordable, but never any response or intervention to stop the
intimidating harassment, false allegations or aggressive, illegal tactics used to force Plaintiff from her
home.
52. Defendant Related Affordable’s additional underlying wrong was the conspiratorial agreement
to allow illegal actions to be used as a lawful means to force the Plaintiff from her home.
53. Just as Related Affordable’s David Pearson came to West Palm Beach to tell the original,
additional Defendant, Jack Hairston, that they would pay him a “tidy sum”, to cease talking about his
exposure to toxins, and move out. See corroborating Exhibit R attached herein, noting two witnesses
to Related Affordable’s bribery of Jack Hairston, by Mike McCarthy and Annette Guilbeault, both
residents at the property.
54. Related Affordable was aware and allowed everything that happened and damaged the Plaintiff.
55. The outrageous and egregious living conditions, coupled with the aggressive, accusatory and
punitive tactics, conspiratorially put into play by Related Affordable’s refusal to intervene, created an
overwhelming stress that dramatically impacted Plaintiff’s life in every way, curtailing her work and
other normal daily activities, including being forced to climb 15 flights of stairs to walk her dog, and
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affecting her sleep and health in general, both physical and mental. See Videos attached herein,
previously mentioned in Count-I, Paragraph 16.
55. Additionally, the constant contacting Defendant Related Affordable’s David Pearson and
Matthew Finkle, Executives with Related Affordable, with never a direct response, was debilitating,
time-consuming and took over much of Plaintiff’s time, forcing her to live on constant tenterhooks,
foregoing her work, and constantly forced to document everything to protect and defend herself,
waiting for intervention and help that only came after months, then years of suffering was imposed.6
56. Plaintiff, but for the Conspiracy of the Defendant, Related Affordable, would not have been
subjected to several years’ worth of dangerous and debilitating physical and mental damage and harm,
resulting in the loss of her work, her health and her home.
WHEREFORE Plaintiff requests judgment against Related Affordable for Civil
Conspiracy and such other relief this Court deems just and proper. There are underlying wrongs
that set the acceptance of a Civil Conspiracy allegation: Florida Fern Growers Ass’n, Inc.;
Wright v. Yurko, 446 So.2d 1162 (Fla. 5th DCA 1984. See also: Walters v. Blankenship, 931 So.2d
137, 140 (Fla. 5th DCA 2006). Note:, there is no requirement that each co-conspirator commit
acts in furtherance of the conspiracy; it is sufficient if each conspirator knows of the scheme and
assists in some way.
COUNT III-CIVIL CONSPIRACY: TRG Management Company
57. Defendant TRG Management Company is the dominate player in the conspiracy, as they were

6 Plaintiff had an online presence with: BeyondYourScale.com, a healthy lifestyle website, her Medium.com, YouTube, and
Linkedin publishings, and the beginning of a mini-book on inspirational quotes. This, plus her performing and videos stopped in
August of 2022, since the conditions in the apt. were untenable and Plaintiff couldn’t work.
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onsite at all times, and had control of all operations, and followed up with legal letter responses.
58. Plaintiff maintained helpful and pro-active responses in the initial stages and can provide dozens
of emails and a saved voicemail from TRG Management Company’s Doug Zimmer, thanking her for
alerting him to unacceptable practices at the property.
59. It is clear throughout all the communications, that Defendant TRG Management Company did
not effectuate a professional, legal, effective managing of the property, causing untold harm to the
Plaintiff, and many other residents. See Exhibits R, previously mentioned in Count II-Gross
Negligence: TRG Management Company, Paragraph 44, attached herein.
60. As the renovation began to cause obvious and serious difficulties, Defendant TRG Management
Company began sending fabricated accusations and allegations to the Plaintiff and other residents,
including Co-Conspirator Michael Blumenau. See Exhibits: L-3 and L-4, mentioned in Count II-Gross
Negligence: TRG Management, Paragraph 43, and attached herein.
61. At some point in the barrage of letters to complaining residents, including the Plaintiff and
Defendant Michael Blumenau, Defendant TRG Management Company’s Regional Manager, Doug
Zimmer Co-Conspired with Defendant Michael Blumenau to fabricate an alleged forgery of a signed
letter supposedly perpetrated by the Plaintiff.
62. The Plaintiff asked repeatedly for a copy of the said forgery, and lobby video footage which
would prove who put the letter under the manager’s door.
63. Defendant TRG Management Company refused to provide a copy of either, and to this day,
still refuses to provide any proof.
64. The underlying wrong is using false information to penalize and legally threaten the Plaintiff
for an act they cannot prove ever occurred. *Just as they falsely said Plaintiff damaged property, when
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she has proven through Exhibit N mentioned previously in the NOTA BENE, between Paragraphs 43
and 44, that this was a lie.
65. Defendant TRG Management Company’s additional underlying wrong was using illegal means
to effectuate a lawful process of forcing the Plaintiff out of her home, by fabricating false allegations,
giving reprieve to other complainants, by conspiring to allege untrue claims, like with Defendant
Michael Blumenau, coercing staff to corroborate and ultimately causing outrageous harm and damage
to the Plaintiff.7
65. Additional underlying wrongs would also include repeated, similar attempts to threaten and
intimidate the Plaintiff about her dog, trying to help other residents, and reaching out to media, agencies
and departments for help. See Exhibits: A-1 through A-6, where several of these items are mentioned
as sanctionable, when in fact, they are well within Plaintiff’s resident rights.
66. The Plaintiff, but for the Conspiracy of the Defendant, TRG Management Company, would
not have been subjected to several years’ worth of dangerous and debilitating physical and mental
damage and harm, resulting in the loss of her work, her health and her home.
WHEREFORE Plaintiff requests judgment for Civil Conspiracy against TRG
Management Company, and such other relief this Court deems just and proper. There are
underlying wrongs that set the acceptance of a Civil Conspiracy allegation: Florida Fern
Growers Ass’n, Inc.; Wright v. Yurko, 446 So.2d 1162 (Fla. 5th DCA 1984. See also: Walters v.
Blankenship, 931 So.2d 137, 140 (Fla. 5th DCA 2006). Note: there is no requirement that each
co-conspirator commit acts in furtherance of the conspiracy; it is sufficient if each conspirator

7 See Plaintiff’s Dog Petition, See Exhibit L-7, where a previously kind Fransisco on staff, defended the Plaintiff, then months later,
accused her of illegal acts. *Like everyone else there at the time, Fransisco no longer works there. Consistent pattern of illicit
conduct.
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knows of the scheme and assists in some way.
COUNT III-CIVIL CONSPIRACY: Michael Blumenau
67. Defendant Michael Blumenau had an affable rapport with the Plaintiff for several months. She
cooked for him, let him pet-sit her dog, and included him in the Post’s interview for an article published
on the property’s woes. Defendant is pictured in the article by John Pacenti, published on March 9,
2023., to address the horrific conditions and grievances of many of the residents who weren’t too afraid
to speak up.
68. Plaintiff has the call logs for Mr. Blumenau, since he has no internet. He called her countless
times and knocked on her door several times as well, asking Plaintiff for help with his complaints,
giving Plaintiff several reports and letters to her, so she could write responses for him. See Exhibits:
Ex A-9: Defendant’s WPB Code Violations, Ex A-10: Defendant Blumenau’s threatening letter from
TRG, Ex A-11: Response Letter to Ms. Rivera given to Defendant Blumenau, at his request, Ex A-12:
Letter to David Pearson, attached herein, also at Defendant Blumenau’s request.
69. There is no reason for the Plaintiff to be in possession of Defendant Michael Blumenau’s personal
reports and letters, but for the fact that he gave them to her when he repeatedly asked for help.
70. Nor is there any reason the Plaintiff would write responses to letters for someone else, without
being asked by the Defendant himself.
NOTA BENE-Plaintiff ceased dealing with anyone from TRG months previously, so it is illogical
she’d put anything under the onsite manager’s door, as she had Cease & Desists against most of
the TRG Management Company staff for aggressive lying and threatening her. * Neither letter
written for the Defendant Michael Blumenau was addressed to the Manager at the time, making
Defendant Blumenau’s statement that Plaintiff would put anything under the Manager’s door
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obviously untrue.
70. It was not until Plaintiff realized he was lying to her, especially about being in the lobby with her
dog, when she clearly stated not to, to avoid harassment from staff or residents, that he called her
screaming, and said she had forged his signature on a letter and put it under the manager’s door.* As
stated previously in Paragraph 63, there has never been any proof-no letter, no lobby footage.
71. Shortly thereafter, Plaintiff received a letter from TRG Management Company, stating this lie as
a valid truth, again with no proof, or asking the Plaintiff for her statement. See Ex A, Plaintiff’s Non-
Renewal of Lease, issued June 30, 2023, where several lies are mentioned, including the alleged
forgery of Defendant Blumenau’s signature on a letter given to management.
72. The underlying wrong is that Defendant Michael Blumenau lied about the alleged forged letter
and has yet to provide any proof thereof, giving TRG Management more cause to send threatening
letters.
74. An additional underlying wrong is that Defendant Michael Blumenau then co-conspired with
TRG’s Doug Zimmer to use it, illegally, as a lawful means to force the Plaintiff out of her home.
75. Additionally, although Defendant Michael Blumenau was threatened as often and aggressively
as the Plaintiff, and other complainants, he was suddenly given a reprieve when this allegation was
made, received no more threats to evict him. To this day, Defendant Blumenau remains in his
apartment with no further problems from management, after months of altercations and threatening
letters from management.
76. Defendant Michael Blumenau’s lies about the Plaintiff, and his conspiratorial collusion with TRG
Management Company, were an integral part of the illegal means to effectuate the damage, harm,
losses, and successful forcing of the Plaintiff from her home.
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WHEREFORE Plaintiff requests judgment for Civil Conspiracy against Michael
Blumenau, and such other relief this Court deems just and proper. There are underlying wrongs
that set the acceptance of a Civil Conspiracy allegation: Florida Fern Growers Ass’n, Inc.;
Wright v. Yurko, 446 So.2d 1162 (Fla. 5th DCA 1984. See also: Walters v. Blankenship, 931 So.2d
137, 140 (Fla. 5th DCA 2006). Note: there is no requirement that each co-conspirator commit
acts in furtherance of the conspiracy; it is sufficient if each conspirator knows of the scheme and
assists in some way.
Count IV-ABUSE OF PROCESS-Related Affordable
77. Defendant Related Affordable did not permit the legal, correct usage of the law vis-à-vis
interactions with the Plaintiff.
78. Defendant Related Affordable had knowledge of everything being done to the Plaintiff and
refused to intercede to stop the illegal means used to force her from her home.
79. Defendant did not use the legal process to further justice or get a legitimate legal remedy,
especially since the Plaintiff has noted and proven how many lies were told through the process.
80. Defendant Related Affordable used the legal process to harass, threaten and illegally accuse
her, so they could force her out.
81. Note that Related Affordable, as owner, had full control over all decisions effectuated by their
management company, and chose to systematically use the legal system in a punitive manner, not for
legitimate results.
82. Additionally, Defendant Related Affordable retained counsel to effectuate threatening letters
based on lies, stalls, delays, and every advantage taken as per the Plaintiff’s Pro Se status.
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83. There could be no legitimate result sought by The Defendant Related Affordable, since the
accusations and allegations used to send “legal letters”, were false.
84. The Plaintiff has suffered and continues to suffer, including but not limited to:

physical damages, economic harm, emotional distress, a damaged reputation, and loss of her

home, due to the Abuse of Process effectuated by the Defendant Related Affordable, that would not have

occurred otherwise.



WHEREFORE, Pursuant to Florida Common Law (Tort), Plaintiff demands

against Defendant Related Affordable, judgment for Abuse of Power, and such other

relief this Court deems just and proper.


COUNT IV-ABUSE OF PROCESS: TRG Management Company
85. Defendant TRG Management Company systematically abused the legal process as company
policy. Their lawyer, Ryan McCain, issued abusive, fabricated letters to the Plaintiff and other
residents, to threaten them and force them to shut them up, not to effectuate any legitimate, legal result.
See again, Exhibits: A, A-2, A-4, A-6 and L-3 and L-4, previously mentioned in Paragraph 60, and
attached herein.
86. These letters were an illegal means of obtaining legal results, and were not at all legitimate
in any sense, as proven by evidence and testimony provided for each Count herein.
87. Plaintiff has the TRG Management Company’s staff on record, lying about everything, bullying
staff and residents for false allegations and statement, corroborated by staff and residents: See Ex R-
especially Dorothy Brown’s emails, to get the results they want. This is their established and well-
documented pattern of conduct, verified by dozens of staff and residents, and outside contractors found
in Plaintiff’s dated con temporaneous notes.
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89. At no time, did Defendant TRG Management Company use legitimate, legal means to
effectuate legitimate, legal results. There were punitive tactics, illegally used for technically legal
means.
90. The result of this Abuse of Process is clear, as the Plaintiff has suffered well-documented
loss, harm and damages because of their illegal abuse of process.
91. But for TRG’s abuse of Process, Plaintiff would not have suffered extreme damages and losses,
nor been forced from her home.
WHEREFORE, Pursuant to Florida Common Law (Tort), Plaintiff requests

against Defendant TRG Management Company, judgment for Abuse of Power, and

such other relief this Court deems just and proper.


COUNT V- DEFAMATION-TRG Management Company
92. The Defendant TRG Management Company systematically defamed the Plaintiff, both in
slander and libel. The multiple Exhibits already offered, not only proof that they did, but proof the Plaintiff
has provided that confirms the chronic lying by the Defendant TRG Management Company.
93. The Defendant TRG Management Company willfully defamed the Plaintiff to force her from
her home, which was successful, after the false, defamatory allegations were put into legal letters distributed.
94. These defamatory letters have been given to lawyers, agencies and who knows who else, further
harming the Plaintiff’s reputation, depriving her of any legitimate ability to move on without negative
repercussions.8
95. Plaintiff has suffered a seriously damaged credit rating, as a result of the forced removal from

8 See NITV, L.L.C. v. Baker, 61 So.
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her home and costs incurred, reputational damage relayed to her by other residents, concerning the defamatory
lies Defendant TRG Management Company told about the Plaintiff to staff, outside agencies and residents, an
continues to suffer.
96. Each defamatory legal letter addressed directly to the Plaintiff, constitutes an ongoing barrage of
defamation designed to intimidate, bully and silence the Plaintiff by chronically accusing her of fabricated
false allegations, which she can disprove with submitted evidentiary documentation.
97. The damages Plaintiff has suffered cannot be totally calculated, since the Defendants’ Defamation
continues in these proceedings, where TRG Management still claims their lawyers’ letters were truthful, which
is a lie.


Nota Bene: Plaintiff will provide several witnesses who will refute the bogus

accusations launched at the Plaintiff’s, and attest to their own repeated, defamatory, and

untruthful letters. Additionally, witnesses can attest to these allegations being openly

discussed by staff and residents.


98. Additionally, because the letters are technically legal, they can be forwarded to future

3rdparties; potential landlords or employers, with no knowledge to the Plaintiff, leaving her

open to more defamation, loss and damage.


99. But for the Defendant TRG Management Company’s defamatory libel, Plaintiff would

not have, and continue to, suffer distress and damages, both physically, psychologically,

reputationally and financially.





WHEREFORE, Pursuant to FL Statute 770.01, 770.:02 and 770.0,

Civil Actions For Libel, Plaintiff requests against Defendant TRG Management Company,

judgment for Libel Defamation and such other relief this Court deems just and proper.

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COUNT V- DEFAMATION-Michael Blumenau

100. Defendant Michael Blumenau lied about the Plaintiff and her actions at the property repeatedly.

101. Defendant Michael Blumenau has yet to provide any proof of his defamatory allegations about the

forging his signature and putting a letter under the manager’s door.

102. Michael defamatory accusations were used as part of the illegal means to obtain legal results employed

by the Owner/management companies, to force the Plaintiff from her home.

103. The Plaintiff has had added stress, damages and difficulties because of Defendant Michael Blumenau’s

false allegations.

104. Michael Blumenau’s conspiratorial actions were definitively part of the reason the Plaintiff was forced

from her home, and suffered the damages and losses she did and continues to accrue.



WHEREFORE, Pursuant to FL Statute 770.01, 770.:02 and 770.0,

Civil Actions For Libel, Plaintiff requests against Defendant Michael Blumenau,

A judgment for Libel Defamation and such other relief this Court deems just and proper.


COUNT VI-RETALIATION-Related Affordable



. 105. Plaintiff repeatedly contacted Defendant Related Affordable to ask for help with apartment
problems and with TRG’s continued harassing retaliation.
106. Defendant Related Affordable never intervened, as the owner and final decision-maker, to protect
the Plaintiff From ongoing harm, harassment and retaliation.
107. It was Related Affordable’s responsibility and duty, as the owner of the property, to provide
Plaintiff with legal remedies, due process and assistance in protecting her from retaliatory measures.
108. Defendant Related Affordable was aware of everything happening to and with the Plaintiff, but, as a

well-established pattern of conduct, allowed her to be threatened, intimidated, alarmed, and placed the

Plaintiff in and justifiable fear for her ultimate safety.
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109. They are equally responsible for the Retaliation the Plaintiff has endured, albeit never contacting the

Plaintiff directly, but conspiring in maneuvers with TRG Management.

WHEREFORE, Plaintiff requests Defendant Related Affordable, be liable for judgment for

damages resulting from their Retaliation, as per FL 83.64, Ex S-5 attached herein, including but not

limited to: the costs enumerated in Plaintiff’s Amended Costs Letter, Exhibit C-1, and any other relief this

Honorable Court deems just and proper. See Ex S-5 for what is covered in Retaliatory conduct.



COUNT VI-RETALIATION: TRG Management Company

110. Defendant TRG Management has a long-standing policy, as evidenced by all the aggressive, untrue

legal letters; already mentioned herein, that they sent to the Plaintiff.


111. This pattern of abusive, harassing Retaliation, is ongoing, with the Defendants threatening friends

and neighbors in the 208 Fern Street property, stating that the Plaintiff has a No Trespass

Warrant against her, and if seen onsite, police will be called to arrest her. There was no such

warrant ever issued. Plaintiff has witnesses who will testify and corroborate.


112. More specifically, Annette Guilbeault, Plaintiff’s friend and neighbor was issued a

threatening Notice To Cure letter stating if she welcomed the Plaintiff, or pet sat her dog, she

would be subject to a violation that would cause her eviction too. Exhibits L-10 and L-11.

113. Additionally, when Ms. Guilbeault asked the Regional Manager at the time, Nicole

Martinez, if she could just pet sit, and the Plaintiff would not be onsite, she said: “Unfortunately,

New York (Defendant Related Affordable) said no.”

NOTA BENE-HUD has opened an investigation for the Plaintiff, citing:”

Discriminatory terms, conditions, privileges, or services and facilities

Otherwise deny or make housing unavailable

Discriminatory acts under Section 818 (coercion, Etc.)

Failure to make reasonable accommodation

*Inquiry: 774340, Dated June 27, 2024.
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114. Defendant TRG Management Company systematically retaliated against the Plaintiff for exercising

her rights, which is illegal.

115. Defendant TRG Management Company executed an aggressive campaign, using illegal means, to

effectuate a legal removal of the Plaintiff from the property, as is proven with the evidence submitted.

116. But for the outrageous actions of TRG Management Company, Plaintiff would not have suffered the

damages and losses she did and continues to accrue.


WHEREFORE, Plaintiff requests Defendant TRG Management Company, be liable for

judgement for damages resulting from their Retaliation, as per FL 83.64 including but not limited to: the

costs enumerated in Plaintiff’s Amended Costs Letter, Exhibit C-1, and any other relief this Honorable Court

deems just and proper.

REQUEST FOR JURY TRIAL

Plaintiff hereby respectfully requests a trial by jury of all issues so triable, as a matter of right.
Dated: June 29, 2024
Respectfully Submitted,
/Jo-Anne Sparta/







Jo-Anne Sparta, Plaintiff




CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via e-mail this 29th day
of June,2024 to Mr. Ryan Schoeb and Ms. Paris Roach, as per his instructions not to send to any other lawyers
of record, or the Defendants. A true and correct copy was mailed to Michael Blumenau, who has no attorney,
or email.
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Exhibit A-Lease
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S-2: Warranty of Habitability
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S-3 Landlord-Tenant Act:
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 landlord and tenant.
83.50 Disclosure of landlord's address.
83.51 Landlord's obligation to maintain premises.
83.52 Tenant's obligation to maintain dwelling unit.
83.53 Landlord's access to dwelling unit.
83.535 Flotation bedding system; restrictions on use.
83.54 Enforcement of rights and duties; civil action; criminal offenses.
83.55 Right of action for damages.
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83.56 Termination of rental agreement.
83.57 Termination of tenancy without specific term.
83.575 Termination of tenancy with specific duration.
83.58 Remedies; tenant holding over.
83.59 Right of action for possession.
83.595 Choice of remedies upon breach or early termination by tenant.
83.60 Defenses to action for rent or possession; procedure.
83.61 Disbursement of funds in registry of court; prompt final hearing.
83.62 Restoration of possession to landlord.
83.625 Power to award possession and enter money judgment.
83.63 Casualty damage.
83.64 Retaliatory conduct.
83.67 Prohibited practices.
83.681 Orders to enjoin violations of this part.
83.682 Termination of rental agreement by a servicemember.
83.40 Short title.—This part shall be known as the "Florida Residential Landlord and Tenant Act."
History.—s. 2, ch. 73-330.
83.41 Application.—This part applies to the rental of a dwelling unit.
History. —s. 2, ch. 73-330; ss. 2, 20, ch. 82-66.
83.42 Exclusions from application of part.—This part does not apply to:
(1 ) Residency or detention in a facility, whether public or private, when residence or detention is incidental to the
provision of medical, geriatric, educational, counseling, religious, or similar services. For residents of a facility
licensed under part Il of chapter 400, the provisions of s. 400.0255 are the exclusive procedures for all transfers and
discharges.
(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part in which the buyer has
paid at least 12 months' rent or in which the buyer has paid at least 1 month's rent and a deposit of at least 5 percent
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of the purchase price of the property.
(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient
occupancy in a mobile home park.
(4) Occupancy by a holder of a proprietary lease in a cooperative apartment.
(5) Occupancy by an owner of a condominium unit.
History.—s. 2, ch. 73-330; s. 40, ch. 2012-160; s. 1, ch. 2013-136.
83.43 Definitions.—As used in this part, the following words and terms shall have the following meanings unless
some other meaning is plainly indicated:
(1)
"Building, housing, and health codes" means any law, ordinance, or governmental regulation concerning health,
safety, sanitation or fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance, of
any dwelling unit.
(2)
"Dwelling unit" means.
(a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by
two or more persons
of COPY
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.
(3)
"Landlord" means the owner or lessor of a dwelling unit.
(4)
"Tenant" means any person entitled to occupy a dwelling unit under a rental agreement.
(5)
"Premises" means a dwelling unit and the structure of which it is a part and a mobile home lot and the appurtenant
facilities and grounds, areas, facilities, and property held out for the use of tenants generally.
(6)
"Rent" means the periodic payments due the landlord from the tenant for occupancy under a rental agreement
and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement.
(7)
"Rental agreement" means any written agreement, including amendments or addenda, or oral agreement for a
duration of less than 1 year, providing for use and occupancy of premises.
(8)
"Good faith" means honesty in fact in the conduct or transaction concerned.
(9)
"Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not
include rent paid in advance for a current rent payment period.
(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 landlord 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
landlord and tenant either in writing or orally.
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(12) "Security deposits" means any moneys held by the landlord as security for the performance of the rental
agreement, including, but not limited to, monetary damage to the landlord 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 landlord 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. ch. 73-330; s. 2, ch. 81-190; s. 2, ch. 87-195; s. 2, ch. 90-133; s. 1, ch. 93-255.

)

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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.
(b) Purports to limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord, arising
under law.
(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—ln 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 rent; duty of landlord and tenant—
(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 landlord or the landlord's agent
shall either:
(a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution
for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the
landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the
landlord;
(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 landlord elects. The landlord shall not commingle such moneys with any other funds of
the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due
the landlord; or
(c) Post a surety bond, executed by the landlord 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 landlord with the provisions of
this section and shall run to the Governor for the benefit of any tenant injured by the landlord's violation of the
provisions of this section. In addition to posting the surety bond, the landlord shall pay to the tenant interest at the rate
of 5 percent per year, simple interest. A landlord, or the landlord'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 in the total amount of the
Landlord
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security deposit or advance rent held on behalf of tenants or in the amount of $250,000, whichever is less. The bond
shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to
the Governor for the benefit of any tenant injured by the landlord's violation of this section. In addition to posting a
surety bond, the landlord 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 landlord 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 landlord changes the manner or location in which he or she is holding the
advance rent or security deposit, he or she must notify the tenant within 30 days after the change as provided in
paragraphs (a)-(d). The landlord 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 landlord 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 landlord 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. (L
Of
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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 landlord or the landlord's agent may disburse advance rents from the deposit account to the landlord'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 landlord does not intend to impose a
claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if
otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant'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 ofupon 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 (landlord's address)
If the landlord 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 landlord's claim or the amount thereof within 15 days after
receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his 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 rights of the
tenant to seek damages in a separate action.
(c)
If either party institutes an action in a court of competent jurisdiction to 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 landlord-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

(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 federally administered or regulated housing
programs including
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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 landlord 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 landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the 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 security deposit.
(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 landlord 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 landlord 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. 7243; 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. 77445; s. 20, ch. 79400; 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.
1 Note.—Section 4, ch. 2013-136, provides that "[tlhe Legislature recognizes that landlords may have stocks of
preprinted lease forms that comply with the notice requirements of current law. Accordingly, for leases entered into on
or before December 31, 2013, a landlord may give notice that contains the disclosure required in the changes made by
this act to s. 83.49, Florida Statutes, or the former notice required in s. 83.49, Florida Statutes 2012. In any event, the
disclosure required by this act is only required for all leases entered into under this part on or after January 1 , 2014."
Note.—Former s. 83.261.
83.50 Disclosure of landlord's address.—ln addition to any other disclosure required by law, the landlord, or a person
authorized to enter into a rental agreement on the landlord's behalf, shall disclose in writing to the tenant, at or before
the commencement of the tenancy, the name and address of the landlord or a person authorized to receive notices and
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demands in the landlord'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. 95147; s. 5, ch. 2013-136.
83.51 Landlord's obligation to maintain premises—
(1 ) The landlord 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 resisting
normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the
tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage
to screens once annually, when necessary, until termination of the rental agreement.
The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord's
obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.
(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a
dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable
provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and
bedbugs. When vacation of the premises is required for such extermination, the landlord
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-family home or duplex, the
landlord 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., or any other nationally recognized testing
laboratory using nationally accepted testing standards.
(c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a
defense to an action for 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 landlord 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
landlord's duty is determined by subsection (1
(4) The landlord 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.
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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. 95147; s.
8, ch. 97-95; s. 6, ch. 2013-136.
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.

(æ) (__)
(___) (___)
(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-conditioning
and 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
landlord 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 landlord 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 landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The
landlord 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 12 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 landlord
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 landlord of an intended absence, then the landlord may enter
only with the consent of the tenant or for the protection or preservation of the premises.
(3) The landlord 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.
83.535 Flotation bedding system; restrictions on use—No landlord 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
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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 right or 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.—lf either the landlord 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 landlord materially fails 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
landlord and the landlord 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 landlord'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 landlord'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 landlord 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
landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord'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, d mage, or misuse of the
landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable

)

disturbance. In such event, the landlord 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 substantially the 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 (cite the 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, if the noncompliance is not
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corrected within 7 days from the date that the written notice is delivered, the landlord 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 failing to 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 (cite the 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 landlord for payment of the rent or possession of the premises,
the landlord 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) .
(landlord'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.
(5)(a) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance
by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant
pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any
other provision of the rental agreement that is at variance with its provisions, the landlord 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 landlord 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 partial rent is
accepted after posting the notice for nonpayment, the landlord 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;
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2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filing the action for
possession; or
3. Postanew3-day notice reflecting the new amount due.
(b) Any tenant who wishes to defend against an action by the landlord 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 landlord obtains actual knowledge of the noncompliance.
(6) If the rental agreement is terminated, the landlord 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.
83.57 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 landlord
within a specified period before vacating the premises at the end of the rental agreement, if such provision requires
the landlord to notify the 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 landlord.
(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 liquidated damages as specified
in the rental agreement if the landlord 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 landlord 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 landlord after the rental agreement has
terminated and fails to give notice required under s. 83.57(3), the tenant is liable to the landlord 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.—lf 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 landlord, the landlord may recover
possession of the dwelling unit in the manner provided for in s. 83.59. The landlord 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 landlord may recover
possession of the dwelling unit as provided in this section.
(2) A landlord, the landlord's attorney, or the landlord'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 stating the facts
that authorize its recovery. A landlord's agent is not permitted to take any action other than the initial filing of the complaint,
unless the landlord's agent is an attorney.
The landlord is entitled to the summary procedure provided in s. 51.011 , and the court shall advance the cause on the
calendar.
(3) The landlord shall not recover possession of a dwelling unit except:
(a) In an 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 landlord;
(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 rental payments. However, this presumption does not apply if the rent is
current or the tenant has notified the landlord, 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 landlord 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 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 landlord has obtained a writ of possession, or the tenant has surrendered
possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord 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 landlord is able to recover from a reletting.
If the landlord retakes possession, the landlord has a duty to exercise good faith in attempting to relet the premises, and
any rent received by the landlord as a result of the reletting must 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 landlord 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 landlord uses
in attempting to rent other similar rental units but does not require the landlord to give a preference in renting the premises
over other vacant dwelling units that the landlord owns or has the responsibility to rent;
(3)
Stand by and do nothing, holding the lessee liable for the rent as it comes due; or
(4) Charge liquidated damages, as provided in the rental agreement, or an early termination fee to the tenant if the
landlord and tenant have agreed to liquidated 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 landlord, at the time the rental agreement was made, indicated

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acceptance of liquidated damages or an early termination fee. The tenant must indicate acceptance of liquidated damages
or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantially
the following form:
? I agree, as provided in the rental agreement, to pay $ (an amount that does not exceed 2 months' rent) as liquidated
damages or an early termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek
additional rent beyond the month in which the landlord retakes possession.
? I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages
as provided by law.
(a) In addition to liquidated damages or an early termination fee, the landlord is entitled to the rent and other charges
accrued through the end of the month in which the landlord 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.