Notice to Clerk of Court and Public Memorial
PLEASE TAKE NOTICE that Tenant, John A. Rivera Reyes, previously provided written notice to Landlord on March 1, 2025, detailing material breaches of the Lease and of Florida law, and providing Landlord a final opportunity to cure pursuant to Florida Statutes § 83.56(1) (the "Original Notice").
The cure period set forth in the Original Notice expired on March 8, 2025.
As of the date of this notice, Landlord has failed to:
1. Respond to the Original Notice in any manner;
2. Cure any of the breaches described therein;
3. Provide any written confirmation of cure or intent to cure.
I. LANDLORD'S FAILURE TO RESPOND
Landlord's complete failure to respond to the Original Notice constitutes:
• A waiver of any objection to the breaches described therein;
• An admission of the conditions described in the Original Notice;
• A continuing material breach of the Lease and Florida law.
II. IMPENDING LEGAL ACTION
Tenant hereby provides final notice that, absent immediate cure of all breaches described in the Original Notice within THREE (3) DAYS of receipt of this notice, Tenant will:
a. File suit in the appropriate Florida court for breach of contract, violation of Florida Statutes Chapter 83, FDUTPA, FCCPA, and FCRA;
b. Seek a default judgment against Landlord if Landlord fails to respond to the complaint within the time prescribed by Florida Rules of Civil Procedure;
c. Seek all remedies demanded in the Original Notice, including but not limited to:
• Termination of the Lease;
• Full refund of all monies paid since move-in;
• Statutory damages;
• Injunctive relief;
• Attorney's fees and costs;
• Punitive damages.
III. DEFAULT JUDGMENT
Tenant puts Landlord on notice that if legal action is filed and Landlord fails to respond within the time required by law, Tenant will move for default judgment pursuant to Florida Rule of Civil Procedure 1.500. A default judgment may result in:
• Entry of judgment against Landlord for all damages sought;
• Loss of Landlord's right to contest the claims;
• Assessment of attorney's fees and costs against Landlord;
• Any other relief the court deems proper.
IV. FINAL OPPORTUNITY
This is Landlord's FINAL OPPORTUNITY to avoid litigation. To avoid legal action, Landlord must, within THREE (3) DAYS of receipt of this notice:
1. Provide written response to the Original Notice;
2. Complete all cures demanded therein;
3. Provide written confirmation of all cures.