Notice to Clerk of Court and Public Memorial

PLEASE TAKE NOTICE that Tenant, John A. Rivera Reyes, provides this written notice of Landlord’s material breaches of the lease and of Florida law and gives Landlord a final OPPORTUNITY TO CURE under Florida Statutes § 83.51, § 83.56, § 83.60, § 83.44, § 83.45, § 83.49, § 83.59, § 83.67, § 83.48, Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) § 501.201 et seq., Florida Consumer Collection Practices Act (“FCCPA”) § 559.55 et seq., the Fair Credit Reporting Act (“FCRA”) 15 U.S.C. § 1681s-2, 42 U.S.C. § 407, and Florida Statutes § 222.201.

If Landlord does not fully cure within SEVEN (7) DAYS after receipt of this notice, Tenant will pursue all lawful remedies, including termination of the lease, rent withholding, rent abatement, refund of all monies paid since the first move-in date, damages, attorney’s fees, and court action.

I. PARTIES AND LEASE

1. Tenant and Landlord entered into a written rental agreement for the residential property located at 7702 Rivergate Drive, apt. 1202 Tampa, FL 33619, dated 07/01/2026.

2. Tenant agreed to pay rent of $1,599 per $1,750

3. Tenant paid a security deposit of $500 on 07/01/2026

4. Tenant’s rent and security deposit payments were made from a bank account that is connected to Tenant’s Social Security number (referred to herein as Tenant’s “Social Security trust account”). This account is used to manage funds originating from Tenant’s personal finances and is identified by its association with Tenant’s Social Security number for tax and banking purposes.

5. Landlord agreed to maintain the premises in a habitable condition and to comply with all applicable building, housing, and health codes.

6. Under Florida Statutes § 83.51(1), Landlord has a continuing, non-discretionary duty to maintain the Premises in a condition fit for human habitation and to maintain the roof, floors, walls, foundations, plumbing, electrical, sanitary facilities, heating and air conditioning, and all other essential components in safe and working order.

7. Every residential lease in Florida also contains an implied duty of good faith and fair dealing. Fla. Stat. § 83.44.

II. BREACH #1: ONGOING COCKROACH INFESTATION SINCE MOVE-IN

Point-by-Point Statement of Breach

8. The issue of roaches has been an ongoing problem since moving in.

9. Tenant moved into the Premises on 07/01/2025

10. Immediately upon move-in, Tenant observed a cockroach infestation in the kitchen, bathroom, walls, appliances, drains, cabinets, closets, floors.

11. Tenant reported the cockroach infestation to Landlord verbally and/or in writing on the following dates:

• 12/15/2025 pipe leak

• 09/21/2026 Air conditioner

• 09/05/2025 cockroach, mold.

12. Despite these reports, Landlord failed to provide professional pest control or extermination services.

13. The cockroach infestation has continued, worsened, and now affects Tenant’s health, safety, sanitation, and quiet enjoyment of the Premises.

14. This condition violates Florida Statutes § 83.51(1)(a) because it makes the Premises not fit for human habitation and violates applicable housing and health codes.

III. BREACH #2: FAILURE TO MAINTAIN AND REPAIR

15. In addition to the cockroach infestation, Landlord has failed to repair or maintain the following conditions:

• No air conditioner filter

• inoperative air conditioning

mold

•

16. Tenant has notified Landlord of these conditions on the following dates: 03/31/2026

17. Landlord has failed to cure these conditions within seven (7) days of notice, or at all.

18. This failure is a material breach of the Lease and of Florida law.

IV. BREACH #3: FAILURE TO DISCLOSE MATERIAL ELEMENTS OF THE CONTRACT

19. Before and/or at the time Tenant signed the Lease, Landlord failed to disclose material terms, facts, and conditions, including without limitation:

• [Example: non-refundable fees or charges not stated in the Lease]

• [Example: tenant responsibility for landlord’s unpaid utilities]

• [Example: the Premises lacks a required certificate of occupancy, license, or permit]

• [Example: known defects or safety hazards such as mold, water damage, pest infestation, or faulty wiring]

• [Example: hidden automatic renewal penalties]

• [Example: the Property is in foreclosure or subject to a pending short sale]

20. Tenant reasonably relied on Landlord’s omission of these facts when signing the Lease.

21. These omissions:

• Violate the duty of good faith and fair dealing under Fla. Stat. § 83.44;

• May render the Lease or a term of the Lease unconscionable under Fla. Stat. § 83.45;

• Constitute unfair or deceptive acts or practices under FDUTPA, Fla. Stat. § 501.201 et seq.; and

• Support rescission, reformation, and/or damages under Florida contract law and the maxims of equity.

V. BREACH #4: UNLAWFUL NOTICE BY SHERIFF / THREATENED EVICTION

22. On 10/27/2026, a sheriffposted a notice on the door of the Premises stating that Tenant must be out by Thursday, 10/29/2026

23. Tenant has not been served with a valid final judgment or writ of possession permitting removal.

24. This notice constitutes an unlawful interference with Tenant’s possession and quiet enjoyment and is a prohibited practice under Florida Statutes § 83.59 and § 83.67.

25. Florida law provides that a landlord may not remove a tenant by force or by causing the tenant to vacate through any unlawful means. The sheriff’s notice, if caused or permitted by Landlord, is a violation of Fla. Stat. § 83.67.

26. Tenant demands immediate retraction of any instruction to the sheriffor any law enforcement and written confirmation that Tenant will not be removed absent a court order.

VI. BREACH #5: FAILURE TO KEEP RENT AND SECURITY DEPOSIT IN SEPARATE ACCOUNT; UNLAWFUL RETENTION OF FUNDS FROM TENANT’S SOCIAL SECURITY TRUST ACCOUNT

27. Under Florida Statutes § 83.49(1), if a tenant deposits money as security for performance or as advance rent, the landlord must:

• Deposit the money in a separate, non-interest-bearing account in a Florida banking institution;

• Deposit the money in a separate interest-bearing account in a Florida banking institution, with interest paid to the tenant; or

• Post a surety bond with the clerk of the circuit court.

28. Landlord has failed to provide Tenant with any proof that the security deposit or advance rent was placed in a separate account and has failed to provide any written accounting or notice required by Fla. Stat. § 83.49(3).

29. Tenant’s rent and security deposit payments were made from a bank account that is directly connected to Tenant’s Social Security number (Tenant’s “Social Security trust account”). This account is the primary financial account linked to Tenant’s identity and federal tax identification number.

30. Florida law provides that funds in accounts associated with a person’s Social Security number may be subject to special protections under 42 U.S.C. § 407 and Fla. Stat. § 222.201 regarding exemption from attachment. Moreover, Landlord’s failure to safeguard these funds in a separate account as required by § 83.49 constitutes a further breach and violation of trust.

31. Landlord’s retention of all rent and security deposit monies paid since Tenant’s first move-in is unjustified because:

• Landlord materially breached the Lease;

• Landlord failed to provide habitable Premises;

• Landlord failed to disclose material facts;

• Landlord unlawfully attempted to evict Tenant.

32. Tenant demands a full refund of all rent and security deposit monies paid since the time of first moving in, in the total amount of $28,000 because Landlord has materially breached the Lease and failed to provide habitable Premises.

VII. BREACH #6: UNLAWFUL OR THREATENED CREDIT REPORTING

33. Tenant is informed and believes that Landlord has reported, or threatens to report, unpaid rent or charges to a credit reporting agency such as Equifax, Experian, or TransUnion.

34. Such reporting is unlawful to the extent it reports amounts that are not due because:

• Tenant is excused from paying rent, or has a right to withhold or abate rent, while Landlord is in breach of Fla. Stat. § 83.51(1);

• The alleged “debt” is disputed; and

• Reporting false or misleading credit information violates the federal Fair Credit Reporting Act, 15 U.S.C. § 1681s-2, and the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq.

35. Tenant expressly notifies Landlord that the alleged debt is DISPUTED and instructs Landlord to CEASE AND DESIST from any and all reporting of this alleged obligation to any credit reporting agency until this dispute is resolved in Landlord’s favor or by a court.

VIII. LEGAL AUTHORITIES

A. Florida Statutes Governing Landlord-Tenant Agreements Statute

Requirement

Fla. Stat. § 83.51(1)

Landlord must maintain the Premises in a habitable condition and repair essential facilities.

Fla. Stat. § 83.56(1)

If Landlord materially fails to comply with § 83.51(1) or a material lease provision, Tenant may deliver written notice; if Landlord does not cure within 7 days, Tenant may terminate the lease.

Fla. Stat. § 83.59

Landlord may recover possession only as provided by law; Tenant may not be removed except by court order.

Fla. Stat. § 83.67

Landlord may not cause Tenant to vacate by unlawful means, including lockouts, utility interruptions, or removal of doors/windows.

Fla. Stat. § 83.60

If Tenant withholds rent and Landlord files an eviction, Tenant may raise Landlord’s noncompliance and deposit rent into the court registry; Landlord cannot evict while in material breach.

Fla. Stat. § 83.49(1)

Landlord must keep security deposit and advance rent in a separate bank account, or post a surety bond.