Filing # 81094867 E-Filed 11/21/2018 08:1 08 AM IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR, LEECOUNTY, FLORIDA CIVIL ACTION KESEAS CoRP., Plaintiff, vs. CASE NO. 18-CC- DAVID A. BRENER 2711 First Street, #503 Fort Myers, FL 33916 Defendant. / COMPLAINT FOR EVICTION FOR POSSESSION Plaintiff, KESEAS CORP., sues Defendant, DAVID A. BRENER, and alleges: 1 This is an action to evict tenants from residential real property located in Lee County, Florida, as ancillary relief, filed under F.S. 83.625. County Court has jurisdiction over evictions. Plaintiff, KESEAS CORP.} is a resident of Lee County, Florida. Defendant, DAVID A. BRENER isa resident of Lee County, Florida. MANAWENDRA ROY is the owner of the real property located at: 2711 First Street, #503, Fort Myers, FL 33916 The property description for the subject property is as follows: MARINA TERRACE CONDO OR 1565 PG 1829 UNIT 503 SurapNo. 13-44-24-P2-00300.5030 Defendant has possession of the property under a written lease agreement to pay rent of $1,500.00 per month. A copy of the lease is attached hereto as “Exhibit A”. ‘eFiled Lee County Clerk of Courts Page8. Month, October 2018 November 2018 $1,500.00 10. Defendant failed to pay the full rental installment for October aad November of 2018, and all subsequent months. Specifically: Rent Due Rent Paid Outstanding Balance $1,500.00 -0- $1,500.00 $3,000.00 By written 3 Day Notice 10 Vacate Premises or Pay Rent Due and Owing of November 14, 2018, Plaintiff demanded of defendant possession of the above premises within Three (3) days, but Defendant has failed to respond as demanded. A copy of that 3 Day Notice is attached hereto as “Exhibit B”. Defendant failed 10 vs te the premises on November 20, 2018 and does not have the permission of the Plaintiff to “hold over” on the lease. Florida Statute §83.59(2) states, that the landlord pay recover possession by applying for removal of a tenant by filing in County Court of the county where the premises in situated by filing a complaint and stating the facts thet authorize recovery. The grounds are that the orel lease has been terminated by 3 Day Notice to Vacate Premises, the tenant was not granted permission to remain in possession and the tenant has neglected to vacate. Plaintiff has retained undersigned counsel and are obligated to pay a reasonable fee for services, Plaintiff's are entitled to attorneys’ fees under F.S. 83.48. WHEREFORE, Plaintiff requests judgment against the Defendant for the following reliet: ‘eFiled Lee County Clerk of Courts Page1. Possession of 2711 First Street, #503, Fort Myers, FL 33916. 2. Past due rent from Defendant in the amount of $3,000.00 as ancillary relief if plaintiff prevails on the claim for possession. Court costs, interest on the above overdue rental installment, and statutory attorneys’ fees, as authorized by F.S. $3.48. COUNT I: RENTAL DAMAGES AND PROPER DAMAGI 14, Plaintiff incorporates by reference the allegations of Paragraph 1 through Paragraph 13 of Count I of this complaint. 15. By the terms of the agreement $3,000.00 rent accrued, due in advance, as of November, 2018, and rent will continue to accrue during the pendency of this action. An exact breakdown of the rent due, compared with the payments made by the Defendant, is included herein to this complaint. 16. Defendant is retaining possession of the subject rental premises and has failed to make the rental payment. 17. Under Fla Sm.CLR. 7.020(¢), Plaintiff requests that Count II of this action proceed under the Florida Rules of Civil Procedure to allow Defendants 20 days within which to serve an answer to Count Il. WHEREFORE, Plaintiff requests judgment against the Defendant for the following relief: 1. Possession of 2711 First Street, #503, Fort Myers, FL 33916. 2. Past due rent from Defendant in the amount of $3,000.00 as ancillary relief if plaintiff prevails on the claim for possession. ‘eFiled Lee County Clerk of Courts Page