The address of the leased property is "1201 East Ponce de Leon Blvd. Apt. H103, Coral Gables, FL 33134." Here is the paragraph containing this address:

"This LEASE executed as of March 7%, 2023 for and in consideration of the following covenants, agreements, limitations and conditions entered into by Fernando Peters hereinafter called Tenant(s) and Grillas Associates, Inc. herein called Landlord. The parties hereto for themselves, their heirs, successors and legal representatives enter into this lease agreement for the premises located on 1201 East Ponce de Leon Blvd. Apt. H103, Coral Gables, FL 33134. The premises shall be occupied by one (1) adult only, unless written consent is obtained from Landlord. The premises shall be used for residential purposes only and for no other purposes."【4:1†source】.

• Property Type: Residential
• Extracted Paragraph: "This is an action to evict a tenant from real property in Miami-Dade County, Florida. Plaintiff owns the real property in Miami-Dade County, Florida, located at: 1201 E. Ponce de Leon Boulevard, Apartment 103, Coral Gables, Florida, 33134. Defendant has possession of the property on a month-to-month basis."【4:10†source】

Here is the complete chronology of changes in the lease relationship between the defendant and the plaintiff:

Lease 1:

• Kind of Relationship: Lease Contract
• Effective or Estimated Start Date: May 1, 2021
• Effective or Estimated End Date: April 30, 2023
• Current Status: No
• Expiration Status: Yes
• Renewal Provisions: Not specified
• Month to Month Tenancy: No
• Lease Start Date: May 1, 2021
• Lease Ending Date: April 30, 2023
• Lease Amount: $1,250 per month
• Number of Residents: Not specified
• Children Allowed: Not specified
• Pets Allowed: Not specified
• Injuries During Lease Period: No injuries reported.
• Breaches: Late fees charged and rent increased unlawfully during the COVID period【4:0†source】 .

Lease 2:

• Kind of Relationship: Lease Contract
• Effective or Estimated Start Date: May 1, 2023
• Effective or Estimated End Date: April 30, 2024
• Current Status: Yes
• Expiration Status: No
• Renewal Provisions: Not specified
• Month to Month Tenancy: No
• Lease Start Date: May 1, 2023
• Lease Ending Date: April 30, 2024
• Lease Amount: $1,450 per month
• Number of Residents: 1 adult
• Children Allowed: Not specified
• Pets Allowed: Not specified
• Injuries During Lease Period: No injuries reported.
• Breaches: Discrepancies in rent amount and payment dates, failure to provide appliances, and improper notice to vacate【4:0†source】 .

Verbal Agreement:

• Kind of Relationship: Verbal Agreement
• Effective or Estimated Start Date: April 1, 2024
• Effective or Estimated End Date: Not specified
• Current Status: Yes
• Expiration Status: No
• Renewal Provisions: Not specified
• Month to Month Tenancy: No
• Lease Start Date: Not specified
• Lease Ending Date: Not specified
• Lease Amount: $1,550 per month
• Number of Residents: Not specified
• Children Allowed: Not specified
• Pets Allowed: Not specified
• Injuries During Lease Period: No injuries reported.
• Breaches: Failure to deliver a written lease contract timely【4:0†source】 .

This summary provides a structured overview of the lease relationship changes, including the type of relationship, dates, and any breaches or issues that occurred during each lease period.

Here is a structured list of breaches identified in the lease relationship between the defendant and the plaintiff, along with a detailed analysis for each breach:

1. Breach: Unwarranted Rent Increases

   • Explanation: The plaintiff increased the defendant's rent from $1,250.00 to $1,400.00 unlawfully and with malice, violating the lease agreement and housing laws【4:0†source】.
   • Relevant Laws and Case Laws: Violations of County, State, and Federal Housing Laws.
   • Discrepancies with the Lease Contract: The lease agreement specified a monthly rent of $1,250.00, and any increase should have been communicated with a 60-day notice as per Dade County Code Section 17-03【4:13†source】.
   • Repairs: N/A
   • Unwarranted Rent Increases: The increase was not justified and violated the lease terms.
   • Unwarranted Late Fees: N/A
   • Accounting Accuracy: N/A
   • Building Code Violations: N/A
   • Unsafe Environment: N/A
   • Tenants Dispute or Undesirables: N/A
   • Tenant's Rights Violation: The increase violated the tenant's rights under the lease agreement.
   • Discrimination: N/A

2. Breach: Unwarranted Late Fees

   • Explanation: The plaintiff charged late fees during the COVID-19 period, which were protected under the Public Health Emergency Declaration【4:0†source】.
   • Relevant Laws and Case Laws: Florida Statute 83.56(5)(b), HUD Emergency Rental Assistance Program (ERAP) guidelines.
   • Discrepancies with the Lease Contract: The lease did not authorize such fees during the protected period.
   • Repairs: N/A
   • Unwarranted Rent Increases: N/A
   • Unwarranted Late Fees: Fees were charged unlawfully during a protected period.
   • Accounting Accuracy: N/A
   • Building Code Violations: N/A
   • Unsafe Environment: N/A
   • Tenants Dispute or Undesirables: N/A
   • Tenant's Rights Violation: Charging fees during a protected period violated tenant rights.
   • Discrimination: N/A

3. Breach: Failure to Provide Appliances

   • Explanation: The plaintiff failed to provide agreed-upon appliances (stove and refrigerator), forcing the defendant to purchase them【4:0†source】.
   • Relevant Laws and Case Laws: Breach of contract under Florida contract law.
   • Discrepancies with the Lease Contract: Section 12 of the lease agreement required these appliances to be provided.
   • Repairs: The defendant had to purchase appliances due to the plaintiff's failure to provide them.
   • Unwarranted Rent Increases: N/A
   • Unwarranted Late Fees: N/A
   • Accounting Accuracy: N/A
   • Building Code Violations: N/A
   • Unsafe Environment: N/A
   • Tenants Dispute or Undesirables: N/A
   • Tenant's Rights Violation: The failure to provide appliances violated the tenant's rights under the lease.
   • Discrimination: N/A

4. Breach: Failure to Maintain Habitable Environment

   • Explanation: The plaintiff failed to maintain the property, resulting in water damage and mold infestation【4:13†source】.
   • Relevant Laws and Case Laws: Florida Statute 83.51, which requires landlords to maintain habitable conditions.
   • Discrepancies with the Lease Contract: The lease required the landlord to maintain the property in a habitable condition.
   • Repairs: Required repairs for water damage and mold infestation were not addressed.
   • Unwarranted Rent Increases: N/A
   • Unwarranted Late Fees: N/A
   • Accounting Accuracy: N/A
   • Building Code Violations: Potential violations due to mold and water damage.
   • Unsafe Environment: Mold and water damage created an unsafe living environment.
   • Tenants Dispute or Undesirables: N/A
   • Tenant's Rights Violation: Failure to maintain a habitable environment violated tenant rights.
   • Discrimination: N/A

5. Breach: Discriminatory and Retaliatory Actions

   • Explanation: The plaintiff acted in bad faith, discriminatory, and retaliatory manner by not delivering a corrected lease agreement and filing claims【4:13†source】.
   • Relevant Laws and Case Laws: Federal Fair Housing Act.
   • Discrepancies with the Lease Contract: The plaintiff failed to honor verbal agreements and deliver a corrected lease.
   • Repairs: N/A
   • Unwarranted Rent Increases: N/A
   • Unwarranted Late Fees: N/A
   • Accounting Accuracy: N/A
   • Building Code Violations: N/A
   • Unsafe Environment: N/A
   • Tenants Dispute or Undesirables: N/A
   • Tenant's Rights Violation: Discriminatory actions violated tenant rights.
   • Discrimination: Actions were discriminatory and retaliatory.

These breaches highlight significant issues in the lease relationship, including violations of the lease agreement, tenant rights, and applicable laws.

• The notice was posted on the door.
• Extracted Paragraph: "Therefore, the three (3) day notice to vacate posted on the DEFENDANT'S door on the 20th of June, 2024 was defective and should be dishonored."【4:0†source】.

Here is a detailed report on the 3-day notice, including delivery details and defect analysis:

Delivery Details:

• Date and Time Delivered: June 20, 2024
• Date and Time Received: Not explicitly mentioned
• Delivered By: Bob Grillas, General Administrator
• Method of Delivery: The notice was executed and delivered, but the specific method (e.g., in-person, mail) is not detailed【4:14†source】.

Defect Analysis:

Defect 1: Incorrect Amount

• Reason: The notice included incorrect rent amounts, which invalidates the notice under Florida Statute § 83.56.
• Related Laws and Case Laws: Florida Statute § 83.56
• Extracted Paragraph: "PLAINTIFF'S three (3) day notice is defective pursuant to Florida Statute § 83.56 that requires that the Landlord provides crucial and accurate information to be valid, as the amounts due are both incorrect in the Original and Amended per PLAINTIFF'S exhibit submitted with the Amended Complaint"【4:0†source】.

Defect 2: Improper Service

• Reason: The notice was served to a different address, apartment number (4203) versus DEFENDANT'S residence at Apartment 4103.
• Related Laws and Case Laws: Florida Statute § 83.56
• Extracted Paragraph: "PLAINTIFF'S ALIAS MOTION is defective in that PLAINTIFF'S three (3) Day Notice and Service were served to a different address, apartment number (4203) versus DEFENDANT'S residence at Apartment 4103"【4:10†source】.

Defect 3: Incomplete or Inaccurate Information

• Reason: The notice failed to provide all required information by statutes, such as the tenant's name, the DEFENDANT'S proper address, the exact amount of rent due, and the date by which the tenant must pay or vacate.
• Related Laws and Case Laws: Florida Statute § 83.56
• Extracted Paragraph: "The three (3) day notice to vacate is 'invalidated' when the Landlord fails to provide all required information by Statutes, such as the tenant's name, the DEFENDANT'S proper address, the exact amount of rent due, and the date by which the tenant must pay or vacate"【4:0†source】.

Defect 4: Non-Compliance with Lease Terms

• Reason: The notice was served before the rent was due and unpaid, which is considered premature.
• Related Laws and Case Laws: Florida Statute § 83.56
• Extracted Paragraph: "The three (3) day notice to vacate is 'invalidated' when served before the rent is due and unpaid, in addition to been served prematurely (before the rent is actually due)"【4:0†source】.

Defect 5: Lack of Proper Certification

• Reason: The landlord failed to certify the method of service and when the notice was delivered to the tenant.
• Related Laws and Case Laws: Florida Statute § 83.56
• Extracted Paragraph: "The three (3) day notice to vacate is 'invalidated' when the Landlord fails to certify the method of service and when the notice was delivered to the Tenant"【4:0†source】.

This report highlights the defects in the 3-day notice based on the provided documents and relevant legal statutes. If any information is unavailable, it is indicated in the report.

Explanation: The Complaint of Eviction was served by a process server, Hubert Wilcox, who delivered a true copy of the Residential Eviction Summons, Complaint for Removal of Tenant, and Notice to a co-resident at the defendant's usual place of abode.

Extracted Paragraph: "I, HUBERT WILCOX, do hereby affirm that on the 18th day of July, 2024 at 10:18 am, I: SUBSTITUTE served by delivering a true copy of the RESIDENTIAL EVICTION SUMMONS; COMPLAINT FOR REMOVAL OF TENANT; and NOTICE DATED JULY 1, 2024, with the date and hour of service endorsed thereon by me, to: Oscar Lopez as Co-Resident (Son) at the address of: 1920 SW 7th Street, Apt 6, Miami, FL 33135, the within named person's usual place of Abode, who resides therein, who is fifteen (15) years of age or older, identified as a co-resident, and informed said person of the contents therein, in compliance with state statutes."【4:0†source】.

Here is a structured list of the affirmative defense documents presented by the defendant, Fernando Peters, in the residential eviction case:

Document 1: Defendant's Discovery Motion

• Date: October 30, 2024
• Title: Defendant's Discovery Motion
• Summary: The defendant requests the court to order the plaintiff to deliver an accurate accounting of all lease periods and honor verbal agreements regarding lease terms. The defendant argues that the plaintiff's claims of rent arrears are unsubstantiated and contradict a "Settlement-In-Compromise."
• Related Regulations and Laws:
  • Florida Statute § 90.408 - Compromise and Offers to Compromise
  • Florida Statute § 673.3111 - Accord and Satisfaction by Use of Instrument【4:0†source】.

Document 2: Defendant's Opposition Amended & Alias Complaint

• Date: Not specified
• Title: Defendant's Opposition Amended & Alias Complaint
• Summary: The defendant opposes the plaintiff's amended complaint, arguing that the three-day notice to vacate is defective due to incorrect amounts and improper service. The defendant also claims the plaintiff engaged in defrauding practices during the COVID period by charging unwarranted late fees.
• Related Regulations and Laws:
  • Florida Statute § 83.56 - Landlord's Obligation to Provide Accurate Information
  • Federal Fair Housing Act【4:1†source】【4:10†source】.

Document 3: Defendant's 2nd Responses

• Date: September 23, 2024
• Title: Defendant's 2nd Responses
• Summary: The defendant accuses the plaintiff of bad faith, breach of contract, and unfair business practices. The document details issues such as improper notice, failure to maintain habitable conditions, and discriminatory treatment.
• Related Regulations and Laws:
  • Federal Fair Housing Act
  • HUD Emergency Rental Assistance Program (ERAP)【4:2†source】【4:6†source】.

Document 4: Defendant's Answer to Summons and Complaint

• Date: January 31, 2023
• Title: Defendant's Answer to Summons and Complaint
• Summary: The defendant claims the eviction action is wrongful and illegal, citing a verbal agreement with the landlord to update rental arrears. The defendant provides evidence of payment made to the landlord.
• Related Regulations and Laws:
  • Not explicitly mentioned【4:3†source】.

Document 5: Defendant's Opposition Amended & Alias Complaint (Continued)

• Date: August 16, 2024
• Title: Defendant's Opposition Amended & Alias Complaint
• Summary: The defendant requests sanctions against the plaintiff's attorney for unethical behavior and demands a corrected lease agreement. The document also calls for inspection and repairs of the leased property to address code violations.
• Related Regulations and Laws:
  • Federal Fair Housing Act
  • Dade County Code Section 17-03【4:12†source】【4:14†source】.

These documents are organized by the type of affirmative defense, such as improper notices, retaliatory eviction, discrimination, breach of warranty of habitability, and unfair business practices. Each document references specific laws and regulations relevant to the defenses presented.

Here is the information for the documents and exhibits presented by the defendant:

Document 1

• Document or Presentation Date: Not explicitly provided
• Title: Defendant's Opposition Amended & Alias Complaint
• Summary: The document outlines the defendant's opposition to the plaintiff's claims, highlighting issues such as erroneous billing, unwarranted late fees, and breaches of the lease agreement. It also discusses the plaintiff's failure to provide necessary appliances and engage in proper mediation.
• Attached Exhibits:
  • Exhibit III: Lease Agreement for the period from May 1, 2021, to April 30, 2023, highlighting unwarranted charges and rent increases【4:0†source】.
• Related Regulations, Laws, and Case Laws:
  • Federal: HUD Emergency Rental Assistance Program (ERAP)
  • State: Florida Statute § 83.56 (5) (b)
  • Local: Dade County Code Section 17-03
• Extract Related Paragraph: "PLAINTIFF was charging late fees and over payments of rent on erroneous billing statements while DEFENDANT’S Monthly Rental was $1,250.00/Month per the Lease Agreement. Exhibit-III consists of twenty-one (21) pages from Related Case 42023-003861 CC 25. Page 13-14, 19-20 of Exhibit-III, clearly states that PLAINTIFF charges for unwarranted late fees and that PLAINTIFF increased the DEFENDANT’S Rent to $1,400.00 with malice, unlawfully and in violation of the Lease Agreement, County, State and Federal Housing Laws, which must be credited to the DEFENDANT"【4:0†source】.

Document 2

• Document or Presentation Date: Not explicitly provided
• Title: Defendant's 2nd Responses
• Summary: This document details the defendant's responses to the plaintiff's actions, including allegations of bad faith, failure to provide accurate accounting, and improper service of notices. It also addresses issues related to the lease agreement and the plaintiff's failure to maintain the property.
• Attached Exhibits:
  • Exhibit IV: Certified Mail notices sent to the plaintiff【4:2†source】.
• Related Regulations, Laws, and Case Laws:
  • Federal: Federal Fair Housing Act
  • State: Florida Statute § 673.3111
  • Local: Dade County Code Section 17-03
• Extract Related Paragraph: "PLAINTIFF has failed to engage in proper mediation to provide a reasonable resolution of the disputed amounts and ignored DEFENDANT’S Notice of 'Unfair Housing Dispute', which were hand delivered and sent to PLAINTIFF via Certified Mail 47022 1670 0003 2691 5690 sent on June 22, 2024, requesting dialog and remedy with an amended lease"【4:2†source】.

Document 3

• Document or Presentation Date: October 30, 2024
• Title: Defendant's Discovery Motion
• Summary: The document requests a hearing for detailed accounting of all leases and addresses issues related to verbal agreements and lease execution dates. It also discusses the plaintiff's failure to honor agreements and the need for accurate accounting.
• Attached Exhibits:
  • Exhibit V: Verbal agreements and payment receipts【4:8†source】.
• Related Regulations, Laws, and Case Laws:
  • Federal: Not explicitly mentioned
  • State: Florida Statute § 90.408, § 95.11
  • Local: Not explicitly mentioned
• Extract Related Paragraph: "Further, that the $1,850.00 assessed by the court based on PLAINTIFF's unsubstantiated claims of amount in arrears inclusive of Late Fees (was erroneous and should be credited to DEFENDANT), as it contradicts the 'Settlement-In-Compromise' in 'Verbal Agreement', as to all monies owed per DEFENDANT's Exhibit-V"【4:8†source】.

These documents and exhibits provide a comprehensive view of the defendant's position and the legal context surrounding the case.

Here is the information regarding the scheduled hearings:

Hearing 1

• Date: October 7, 2024
• Purpose: To address the Defendant's Motion to Determine Rent.
• Result: The court ordered the Defendant to deposit $4,650 into the Court registry, with specific instructions on future payments.
• Extract Related Paragraph:
  • "THIS MATTER having come before the Court on October 7, 2024, on Defendant's Motion to Determine Rent, and the Court having considered said Motion, the Court being otherwise duly advised hereby finds: ... Accordingly, the Court determined that the Defendant must deposit $4650 into the Court registry, calculated as follows: ... The Defendant/tenant must deposit the sum of $4,650.00 plus the Clerk's fee into the registry of the Court by Tuesday, October 8, 2024, at 3:00 pm at any of the Miami Dade Clerk of Courts."
• Related Federal, State, and Local Regulations, Laws, and Case Laws:
  • Federal: Fair Housing Act
  • State: Florida Statutes § 90.408 (Compromise and Offers to Compromise), § 673.3111 (Accord and Satisfaction by Use of Instrument)
  • Local: Miami-Dade County Code Section 17-03 (Rent Increase Notices)

Hearing 2

• Date: September 3, 2024
• Purpose: Motion to Issue Alias Summons.
• Result: The motion was granted, allowing the issuance of an alias residential eviction summons.
• Extract Related Paragraph:
  • "ORDER GRANTING MOTION TO ISSUE ALIAS SUMMONS ... This action was heard upon the motion of the Plaintiff to issue an alias residential eviction summons for the Defendant in this action, it is hereupon, Ordered and Adjudged, 1. That said motion is hereby granted and that the Clerk of this Court shall issue an alias residential eviction summons to the Defendant in this action."
• Related Federal, State, and Local Regulations, Laws, and Case Laws:
  • Federal: Fair Housing Act
  • State: Florida Statutes regarding eviction procedures
  • Local: Miami-Dade County eviction procedures

These hearings are part of the ongoing residential eviction case involving Grillas Associates, Inc. and Fernando Peters. The details provided include the court's decisions and the legal context surrounding the hearings.

Here is the information regarding the monetary deposits classified as rent arrears by the court:

Deposit 1

• Date: July 17, 2024
• Amount: $1,500
• Reason: Partial payment for July rent
• Extract Related Paragraph: "The Defendant must deposit $4650 into the Court registry, calculated as follows: $1450 rent due for July (with $1500 deposit already made ($50 credit))"【4:0†source】.
• Explanation: The deposit made on July 17, 2024, was considered a partial payment for the rent due for July. The court recognized a $50 credit from this deposit, indicating that the full rent amount was not covered, thus classifying it as rent arrears.
• Related Federal, State, and Local Regulations, Laws, and Case Laws:
  • Florida Statutes Chapter 83, Part II - Residential Tenancies
  • Florida Statutes Chapter 51 - Summary Procedure

Deposit 2

• Date: August 20, 2024
• Amount: $1,500
• Reason: Partial payment for August rent
• Extract Related Paragraph: "The Defendant must deposit $4650 into the Court registry, calculated as follows: $1450 rent due for August (with $1500 deposit already made ($50 credit))"【4:0†source】.
• Explanation: Similar to the July deposit, the August deposit was also considered partial, with a $50 credit recognized by the court. The remaining balance was classified as rent arrears.
• Related Federal, State, and Local Regulations, Laws, and Case Laws:
  • Florida Statutes Chapter 83, Part II - Residential Tenancies
  • Florida Statutes Chapter 51 - Summary Procedure

Deposit 3

• Date: October 7, 2024
• Amount: $4,650
• Reason: Accrued rent and current rent due
• Extract Related Paragraph: "Accordingly, the Court determined that the Defendant must deposit $4650 into the Court registry, calculated as follows: $1850 accrued rent as of date of filing (not $2050 as alleged); $1450 rent due for September; and $1450 rent due for October"【4:0†source】.
• Explanation: This deposit was required to cover both accrued rent and the current rent due for September and October. The court adjusted the alleged amount to exclude late fees, focusing solely on rent arrears.
• Related Federal, State, and Local Regulations, Laws, and Case Laws:
  • Florida Statutes Chapter 83, Part II - Residential Tenancies
  • Florida Statutes Chapter 51 - Summary Procedure

These deposits were classified as rent arrears due to partial payments and outstanding balances that were not fully covered by the tenant's deposits. The court's determination was based on the evidence presented and the applicable Florida statutes governing residential tenancies and summary procedures.

Here are the details of the filed motions related to urgent safety matters focusing on code violations:

Motion 1:

• Date: Not explicitly mentioned, but the context suggests ongoing issues over the past five years.
• Title: Motion to Address Habitable Code Violations
• Reason: Failure to maintain the leased property in a habitable environment.
• Explanation: The motion was filed due to the plaintiff's failure to maintain the property, which resulted in required repairs, water damage, and mold infestation in various parts of the property, including the bedroom, bathroom, doors, and kitchen. These issues have persisted for five years, indicating a breach of the lease agreement and negligence by the plaintiff【4:0†source】.
• Regulations and Laws:
  • Federal: Federal Fair Housing Act
  • State: Not explicitly mentioned
  • Local: Dade County Code Section 17-03
  • Case Laws: Not explicitly mentioned

Motion 2:

• Date: Not explicitly mentioned, but the context suggests ongoing issues over the past five years.
• Title: Motion for Inspection and Repairs
• Reason: Code violations and deplorable living conditions.
• Explanation: The motion requests an inspection of the premises to address code violations, including faulty plumbing, peeling bathroom tiles, mold and termite infestation, and other maintenance issues. The defendant argues that these conditions are a health hazard and require immediate attention【4:2†source】【4:6†source】.
• Regulations and Laws:
  • Federal: Federal Fair Housing Act
  • State: Not explicitly mentioned
  • Local: County and housing code
  • Case Laws: Not explicitly mentioned

These motions highlight the ongoing issues with the property maintenance and the legal actions taken by the defendant to address these urgent safety matters. The cited regulations and laws provide a framework for the defendant's claims and the legal obligations of the plaintiff.

Here is the extracted information for each filed Motion for Discovery addressing the defense, including the relevant Housing Department Code sections related to Tenants' rights:

Motion 1

• Date: Not explicitly mentioned, but the document references events up to July 3, 2024.
• Title: Discovery Motion and Specific Performance
• Reason: To obtain a detailed accounting for all leases and to enforce specific performance of the lease agreements.
• Explanation: The motion requests a hearing to address the tenant's right to a detailed accounting for all leases, including those executed on March 7, 2022, and March 7, 2023. It argues that the landlord failed to deliver lease contracts timely and did not honor verbal agreements regarding lease terms and payments. The tenant seeks credit for erroneous charges and enforcement of agreed lease terms.
• Related Regulations, Laws, and Case Laws:
  • Florida Statute § 95.11 (Statute of Limitations)
  • Florida Statute § 90.408 (Compromise and Offers to Compromise)
  • Florida Statute § 673.3111 (Accord and Satisfaction by Use of Instrument)
  • Federal Fair Housing Act .

Motion 2

• Date: June 22, 2024
• Title: Unfair Housing Dispute & Demand
• Reason: To address discrepancies in lease terms and conditions, and to demand corrections and credits for wrongfully assessed fees.
• Explanation: The motion highlights issues with lease payment terms, discrepancies in lease agreements, and demands an accurate accounting of rental payment history. It also requests the waiver of late fees and other assessments, and demands repairs for deferred maintenance issues.
• Related Regulations, Laws, and Case Laws:
  • Florida Statute § 83.56 (Landlord's Obligation to Maintain Premises)
  • Dade County Code Section 17-03 (Rent Increase Notices)
  • Federal Fair Housing Act【4:4†source】 .

Motion 3

• Date: July 3, 2024
• Title: Unfair Housing Dispute & Settlement in Compromise
• Reason: To settle disputes regarding lease terms, maintenance issues, and to seek a settlement in compromise.
• Explanation: The motion demands credit for wrongfully assessed fees, modifications to the lease agreement, and necessary repairs within a specified timeframe. It also seeks a settlement in compromise for the tenant's claims.
• Related Regulations, Laws, and Case Laws:
  • Florida Statute § 83.56 (Landlord's Obligation to Maintain Premises)
  • Federal Fair Housing Act .

Relevant Housing Department Code Sections

• Federal Fair Housing Act: Protects tenants from discrimination and ensures fair treatment in housing.
• Florida Statute § 83.56: Addresses the landlord's obligation to maintain premises and the tenant's rights in case of non-compliance.
• Dade County Code Section 17-03: Requires a 60-day advance notice for rent increases .

These motions collectively address issues of lease discrepancies, maintenance failures, and seek enforcement of tenant rights under applicable laws and regulations.

Here is the extracted information for the filed Motion for Specific Performance related to honoring a verbal agreement on the extension of a lease period:

• Date: 10/30/2024
• Title: Defendant's Discovery Motion and Specific Performance
• Reason: To enforce a verbal agreement for lease extension.
• Explanation: The defendant claims that the plaintiff must honor a verbal agreement to extend the lease period for twelve months at a rate of $1,550 per month, inclusive of all late fees. The defendant argues that the plaintiff failed to deliver a lease contract timely as per the verbal agreements. The defendant also contends that the $1,850 assessed by the court for rent arrears and late fees contradicts a "Settlement-In-Compromise" based on the verbal agreement. The defendant requests the court to order the plaintiff to honor the verbal agreements and provide an accurate accounting of all lease periods.
• Related Regulations and Laws:
  • Federal: Not specified.
  • State: Florida Statute § 90.408 - Compromise and Offers to Compromise; Florida Statute § 673.3111 - Accord and Satisfaction by Use of Instrument.
  • Local: Not specified.
  • Case Laws: Not specified【4:0†source】.

Here is the information for the filed Motion for Mediation:

Motion 1:

• Date: June 22, 2024
• Title: Notice of Unfair Housing Dispute and Request for Mediation
• Reason: The Defendant claims that the Plaintiff failed to engage in proper mediation to resolve disputed amounts and ignored the Defendant's notice.
• Explanation: The Defendant sent a notice to the Plaintiff requesting dialogue and remedy with an amended lease. The notice was sent via certified mail, and due to the Plaintiff's non-response, the Defendant proceeded to start an administrative process, offering a settlement in compromise.
• Extract Related Paragraph: "PLAINTIFF has failed to engage in proper mediation to provide a reasonable resolution of the disputed amounts and ignored DEFENDANT”S Notice of “Unfair Housing Dispute”, which were hand delivered and sent to PLAINTIFF via Certified Mail 47022 1670 0003 2691 5690 sent on June 22, 2024, requesting dialog and remedy with an amended lease. DEFENDANT in “good faith” and PLAINTIFF Non-Response, DEFENDANT proceeded to start an administrative process via Certified Mail 49589 0710 5270 1499 7683 62 sent on July 03, 2024, as 2"4 Resolution request, stating demands, damages and offering of a “Settlement in Compromise”【4:12†source】."
• Related Federal, State, and Local Regulations, Laws, and Case Laws:
  • Federal: Federal Fair Housing Act
  • State: Florida Statute § 83.56 (5) (b) regarding tenant rights and lease agreements
  • Local: Dade County Code Section 17-03 regarding rent increase notices
  • Case Laws: Not specified in the document

This motion highlights the Defendant's efforts to resolve disputes through mediation and the Plaintiff's alleged failure to respond appropriately. The legal references indicate the Defendant's reliance on housing laws to support their claims.

Here is the information regarding the filed Motion to Dismiss in the case:

Motion 1

• Date: August 14, 2024
• Title: Motion to Dismiss for Defective Service
• Reason: The Plaintiff's service of the eviction notice was defective due to incorrect address details.
• Extract Related Paragraph: "PLAINTIFF'S ALIAS MOTION is defective in that PLAINTIFF'S three (3) Day Notice and Service were served to a different address, apartment number (4203) versus DEFENDANT'S residence at Apartment 4103."【4:5†source】
• Explanation: The motion argues that the eviction notice was served to the wrong address, which invalidates the service process. This is a critical procedural error that can lead to the dismissal of the case if the court finds the service was not properly executed.
• Related Federal, State, and Local Regulations, Laws, and Case Laws:
  • Federal: N/A
  • State: Florida Statute § 83.56 regarding the requirements for eviction notices.
  • Local: Miami-Dade County regulations on eviction notice service.
  • Case Laws: N/A

Motion 2

• Date: October 7, 2024
• Title: Motion to Dismiss for Lack of Proper Notice
• Reason: The Plaintiff failed to provide a valid three-day notice to vacate, as required by law.
• Extract Related Paragraph: "PLAINTIFF has failed to abide by the Terms and Conditions of the Lease Agreement and failed to deliver a three (3) day notice to vacate that is valid and compliant with housing and county codes."【4:14†source】
• Explanation: This motion contends that the Plaintiff did not comply with the statutory requirements for eviction notices, which include providing accurate information and serving the notice properly. Failure to meet these requirements can result in the dismissal of the eviction action.
• Related Federal, State, and Local Regulations, Laws, and Case Laws:
  • Federal: N/A
  • State: Florida Statute § 83.56 regarding eviction notice requirements.
  • Local: Miami-Dade County regulations on eviction notice service.
  • Case Laws: N/A

These motions highlight procedural deficiencies in the Plaintiff's eviction process, which the Defendant argues should lead to the dismissal of the case. The motions rely on state and local laws that govern the proper service and content of eviction notices.

Here is a summary of the counterclaims filed against the plaintiff for damages, based on the documents provided:

Counterclaim 1

• Date: Not explicitly mentioned, but related actions occurred around June 22, 2024.
• Title: Breach of Contract and Unlawful Charges
• Reason: The plaintiff failed to provide accurate accounting, charged unwarranted late fees, and did not deliver agreed appliances.
• Extract Related Paragraph: "PLAINTIFF has failed to deliver from initio appliance that are required and agreed, a breach of contract of Section 12 of the Lease Agreement. PLAINTIFF has failed to reimburse DEFENDANT for the purchase of stove and refrigerator, which were to be included in the Lease Agreement and DEFENDANT had no choice but to purchase said appliances after two weeks of non-performance, when PLAINTIFF had pledge for said reimbursement, AND;"【4:2†source】.
• Explanation: The counterclaim argues that the plaintiff breached the lease agreement by not providing the agreed appliances and charging unwarranted late fees. The defendant had to purchase the appliances themselves, which was a breach of the contract terms.
• Related Federal, State, and Local Regulations, Laws, and Case Laws:
  • Federal: Fair Housing Act
  • State: Florida Statute § 83.56 (5) (b)
  • Local: Dade County Code Section 17-03
  • Case Laws: Not specified

Counterclaim 2

• Date: Not explicitly mentioned, but related actions occurred around June 22, 2024.
• Title: Violation of Fair Housing Act
• Reason: The plaintiff acted in bad faith, discriminatory, and retaliatory manner by not delivering the agreed corrected lease agreement.
• Extract Related Paragraph: "PLAINTIFF has acted in “Bad Faith, discriminatory and in a retaliatory manner, by not delivering the Agreed to corrected Lease Agreement, filing of this claim and now claiming that Tenant is on a Month-To-Month basis. This is a violation of “Federal Fair Housing Act”, violating DEFENDANT'S rights for demanding accurate accounting and just amendment, as agreed to with the PLAINTIFF."【4:13†source】.
• Explanation: The counterclaim highlights the plaintiff's failure to provide a corrected lease agreement and their retaliatory actions, which violate the Fair Housing Act. This has caused ongoing damage to the defendant.
• Related Federal, State, and Local Regulations, Laws, and Case Laws:
  • Federal: Fair Housing Act
  • State: Florida Statute § 83.56
  • Local: Dade County Code Section 17-03
  • Case Laws: Not specified

These counterclaims reflect the defendant's allegations of breach of contract, unlawful charges, and violations of housing laws. The defendant seeks remedies for these alleged wrongs, including accurate accounting, reimbursement, and adherence to agreed terms.

Here are the details of the Court scheduled Pre-Trial Conferences to address a possible settlement extracted from the documents:

Pre-Trial Conference 1

• Date Issued: September 24, 2024
• Date for the Conference: October 7, 2024
• Title: Notice of Special Set Hearing
• Reason: To determine rent and address the Defendant's motion regarding rent disputes.
• Extract Related Paragraph: "YOU ARE HEREBY NOTIFIED that, a Special Set hearing on the above cause is scheduled for 1hr on 10-07-2024 at 10:00 AM in Room 1-2 at the Coral Gables Branch Courthouse" .
• Explanation: This conference was scheduled to address the Defendant's motion to determine rent, which is a critical step in resolving disputes related to rental payments and potential eviction.
• Related Regulations, Laws, and Case Laws: Florida Statute § 90.408 - Compromise and Offers to Compromise, Florida Statute § 673.3111 - Accord and Satisfaction by Use of Instrument .

Pre-Trial Conference 2

• Date Issued: October 7, 2024
• Date for the Conference: October 7, 2024
• Title: Order on Motion to Determine Rent
• Reason: To address the Defendant's motion to determine the correct amount of rent due.
• Extract Related Paragraph: "THIS MATTER having come before the Court on October 7, 2024, on Defendant's Motion to Determine Rent, and the Court having considered said Motion, the Court being otherwise duly advised hereby finds..." .
• Explanation: This conference was held to resolve discrepancies in the rent amount claimed by the Plaintiff and the amount the Defendant believed was correct, including addressing late fees and other charges.
• Related Regulations, Laws, and Case Laws: Florida Statute § 90.408 - Compromise and Offers to Compromise, Florida Statute § 673.3111 - Accord and Satisfaction by Use of Instrument .

These conferences are part of the legal process to address disputes and potentially reach a settlement before proceeding to trial. The related laws and statutes provide a framework for resolving such disputes through compromise and satisfaction.

Here is a list of governmental evidence and witness affidavits related to Housing Code Violations that can support counter responses as a Defendant:

Example 1:

• Date: June 22, 2024
• Title: Unfair Housing Dispute Notice and Demand
• Reason: To address discrepancies in lease terms and request corrections.
• Extract Related Paragraph: "Tenant's Lease page 1, paragraph 2, states that the Lease extends from the 1st of May 2023 and end of the 30th of April 2024, as the Term Period and page 1, paragraph 72 further ratifies that payment is due on the 1st DAYS of every month. Therefore, at the time that the 3-day notice was served, Tenant was not in default."
• Explanation: This document supports the defense by highlighting inconsistencies in the lease agreement and demonstrating that the tenant was not in default at the time of the notice.
• Related Federal, State, and Local Regulations, Laws, and Case Laws: Florida Statutes § 83.56, Federal Fair Housing Act【4:16†source】.

Example 2:

• Date: July 3, 2024
• Title: Certified Mail Notice for Settlement in Compromise
• Reason: To initiate an administrative process for resolving disputes and offering a settlement.
• Extract Related Paragraph: "DEFENDANT proceeded to start an administrative process via Certified Mail... as 2nd Resolution request, stating demands, damages and offering of a 'Settlement in Compromise'."
• Explanation: This notice shows the Defendant's attempt to resolve disputes amicably and in good faith, which can counter claims of non-cooperation.
• Related Federal, State, and Local Regulations, Laws, and Case Laws: Florida Statutes § 83.56, Dade County Code Section 17-03【4:12†source】.

Example 3:

• Date: August 16, 2024
• Title: Defendant's Opposition Amended & Alias Complaint
• Reason: To oppose the eviction and highlight the Plaintiff's unethical practices.
• Extract Related Paragraph: "PLAINTIFF has acted in 'Bad Faith, discriminatory and in a retaliatory manner, by not delivering the Agreed to corrected Lease Agreement, filing of this claim and now claiming that Tenant is on a Month-To-Month basis."
• Explanation: This document supports the defense by detailing the Plaintiff's alleged bad faith actions and violations of the Federal Fair Housing Act.
• Related Federal, State, and Local Regulations, Laws, and Case Laws: Federal Fair Housing Act, Florida Statutes § 83.56【4:18†source】.

These examples illustrate how the Defendant can use documented evidence and affidavits to support their case by demonstrating compliance, highlighting inconsistencies, and showing attempts to resolve disputes in good faith.

Here are the identified instances of misbilling by the Landlord (Plaintiff) during the COVID-19 period that may have defrauded the Housing Department Emergency Assistance Programs:

Instance 1: Unlawful Late Fees

• Date: Late 2020 to early 2022
• Title: Charging Late Fees During COVID-19
• Reason: Charging late fees during the period when it was prohibited under the HUD Emergency Rental Assistance Program (ERAP).
• Explanation: The landlord charged late fees to the tenant during the COVID-19 period, which was not allowed under the HUD ERAP guidelines. This program was designed to provide financial assistance to renters who were unable to pay their rent due to the pandemic.
• Extract Related Paragraph: "PLANTIIFF has committed a federal crime, by defrauding the DEFENDANT during the COVID-19 period of the two (2) year lease by charging Late Fees, which was not entitled under the HUD Emergency Rental Assistance Program (ERAP), which was effective during late 2020 to early 2022."【4:0†source】
• Related Federal, State, and Local Regulations, Laws, and Case Laws: CARES Act Section 4024(b), HUD Emergency Rental Assistance Program guidelines.

Instance 2: Unlawful Rent Increase

• Date: May 2021 to April 2023
• Title: Illegal Rent Increase During COVID-19
• Reason: Increasing rent during the moratorium period without proper notice.
• Explanation: The landlord increased the rent from $1,250 to $1,400 per month during the COVID-19 period, which was against the lease agreement and housing laws. This increase was done with malice and without proper notice as required by law.
• Extract Related Paragraph: "PLAINTIFF was charging late fees and over payments of rent on erroneous billing statements while DEFENDANT”S Monthly Rental was $1,250.00/Month per the Lease Agreement. Exhibit-IIT consists of twenty-one (21) pages from Related Case 42023-003861 CC 25. Page $13-14, 19-20 of Exhibit-ITI, clearly states that PLAINTIFF charges for unwarranted late fees and that PLAINTIFF increased the DEFENDANT?S Rent to $1,400.00 with malice, unlawfully and in violation of the Lease Agreement, County, State and Federal Housing Laws, which must be credited to the DEFENDANT."【4:3†source】
• Related Federal, State, and Local Regulations, Laws, and Case Laws: CARES Act Section 4024, Dade County Code Section 17-03, Florida Statute 83.56.

These instances highlight the landlord's actions that were in violation of federal and local regulations during the COVID-19 period, potentially defrauding the Housing Department Emergency Assistance Programs.

Here are the extracted dates from the provided documents, listed in chronological order with the associated details:

1. Date: December 21, 2022

   • Reason: Notice to pay rent or deliver possession
   • Explanation: The landlord, Grillas Associates Inc., issued a notice to the tenant, Fernando Peters, demanding payment of overdue rent or possession of the premises.
   • Extracted Paragraph: "Executed and delivered on Wednesday, December 21st, 2022, Grillas Associates Inc."
   • Related Laws and Case Laws: Florida Statutes Chapter 83, Part II, which governs residential tenancies and provides the legal framework for eviction proceedings.

2. Date: January 9, 2023

   • Reason: Payment made by tenant
   • Explanation: Fernando Peters made a payment of $5,000 to cover rent arrears for the months of August 2022 to November 2022.
   • Extracted Paragraph: "Mr. Grillas should know of this payment because I gave him the cashier's check personally on 01/09/2023 in the amount of $5,000.00"
   • Related Laws and Case Laws: Florida Statutes Chapter 83, Part II, regarding tenant obligations and landlord's acceptance of rent payments.

3. Date: January 26, 2023

   • Reason: Statement issued by Grillas Associates Inc.
   • Explanation: A statement was issued to Fernando Peters regarding the outstanding balance and transactions.
   • Extracted Paragraph: "GRILLAS ASSOCIATES, INC Statement 1111 PONCE DE LEON BLVD Date 1/26/2023"
   • Related Laws and Case Laws: Florida Statutes Chapter 83, Part II, concerning landlord's duty to provide accurate accounting of rent and payments.

4. Date: March 7, 2022

   • Reason: Lease agreement execution
   • Explanation: The lease agreement between Fernando Peters and Grillas Associates Inc. was executed, specifying the terms of tenancy.
   • Extracted Paragraph: "This LEASE executed as of March 7, 2022, for and in consideration of the following covenants, agreements, limitations, and conditions"
   • Related Laws and Case Laws: Florida Statutes Chapter 83, Part II, which outlines the requirements for residential lease agreements.

5. Date: October 7, 2024

   • Reason: Court hearing on motion to determine rent
   • Explanation: A court hearing was held to determine the correct amount of rent owed by Fernando Peters.
   • Extracted Paragraph: "THIS MATTER having come before the Court on October 7, 2024, on Defendant's Motion to Determine Rent"
   • Related Laws and Case Laws: Florida Statutes Chapter 83, Part II, regarding disputes over rent amounts and court procedures for resolving such disputes.

6. Date: October 8, 2024

   • Reason: Deadline for rent deposit into court registry
   • Explanation: The court ordered Fernando Peters to deposit $4,650 into the court registry by this date to avoid eviction.
   • Extracted Paragraph: "The Defendant/tenant must deposit the sum of $4,650.00 plus the Clerk's fee into the registry of the Court by Tuesday, October 8, 2024"
   • Related Laws and Case Laws: Florida Statutes Chapter 83, Part II, concerning tenant's right to contest eviction by depositing rent into the court registry.

These dates and details provide a comprehensive overview of the key events and legal actions related to the residential eviction case.

Here are the extracted details of the people and entities mentioned in the documents:

1. Grillas Associates, Inc.

• Name: Grillas Associates, Inc.
• Identification: Not mentioned
• Profession: Lessor / Landlord
• Address: 1111 Ponce De Leon Blvd, Coral Gables, FL 33134
• Relation with the Process: Plaintiff in the eviction case against Fernando Peters
• Mentioning Paragraphs:
  • "GRILLAS ASSOCIATES, INC., a Florida corporation, Plaintiff, VS. FERNANDO PETERS, Defendant," .
  • "Plaintiff owns the real property in Miami-Dade County, Florida, located at: 1201 E. Ponce de Leon Boulevard, Apartment 103, Coral Gables, Florida, 33134" .

2. Fernando Peters

• Name: Fernando Peters
• Identification: Not mentioned
• Profession: Tenant
• Address: 1201 E. Ponce de Leon Blvd, Apt No. 103, Coral Gables, FL 33134
• Relation with the Process: Defendant in the eviction case filed by Grillas Associates, Inc.
• Mentioning Paragraphs:
  • "To Tenant: Mr. Fernando Peters 1201 E Ponce de Leon Blvd. Apt No. 103 Coral Gables Fl. 33134" .
  • "DEFENDANT (Fernando Peters, Tenant) hereby request that this court holds a hearing addressing DEFENDANT's right to be given a detail accounting for all Leases" .

3. Bob Grillas

• Name: Bob Grillas
• Identification: Not mentioned
• Profession: Owner and General Manager of Grillas Associates, Inc.
• Address: Not mentioned
• Relation with the Process: Represents Grillas Associates, Inc. in dealings with Fernando Peters
• Mentioning Paragraphs:
  • "Executed and delivered on Wednesday, December 21“, 2022, Grillas Associates Inc. By: Bob Grillas, Owner and GM" .

4. Elena Sanchez-Galarraga

• Name: Elena Sanchez-Galarraga
• Identification: Florida Bar No. 327270
• Profession: Attorney
• Address: 1313 Ponce de Leon Boulevard, Suite 301, Coral Gables, Florida, 33134
• Relation with the Process: Attorney for Grillas Associates, Inc.
• Mentioning Paragraphs:
  • "SANCHEZ-GALARRAGA, P.A. Attorneys for Plaintiff 1313 Ponce de Leon Boulevard Suite 301 Coral Gables, Florida 33134" .

These are the main entities and individuals involved in the eviction case as per the documents provided. If there are more entities or individuals mentioned, please let me know, and I can extract further details.

Here are the next steps the defendant should execute, along with detailed information for each step:

1. Consult with Legal Counsel

   • Description: Schedule a meeting with a qualified attorney.
   • Explanation: An attorney can provide expert advice tailored to the specifics of the case. Legal counsel is crucial for understanding the complexities of eviction laws and for formulating a defense strategy.
   • Expected Outcome: Gain a clear understanding of legal options and strategies.
   • Benefits for the Defendant: Ensures informed decision-making and legal protection. An attorney can help navigate the legal system, potentially identify procedural errors by the plaintiff, and advocate on behalf of the defendant.
   • Related Laws: The right to legal counsel is supported by the Sixth Amendment of the U.S. Constitution, which, while primarily applicable to criminal cases, underscores the importance of legal representation. Florida Statutes Chapter 83, Part II, governs residential tenancies and provides the legal framework for eviction proceedings.

2. Gather Evidence

   • Description: Collect all relevant documents and evidence.
   • Explanation: Evidence is crucial for building a strong defense. This includes lease agreements, payment receipts, correspondence with the landlord, and any documentation of repairs or issues with the property.
   • Expected Outcome: A comprehensive collection of materials to support the defense.
   • Benefits for the Defendant: Strengthens the defense and increases chances of a favorable outcome. Proper documentation can refute claims made by the landlord and demonstrate compliance with lease terms.
   • Related Laws: Florida Statute § 83.56 outlines the grounds for eviction and the tenant's rights, including the right to contest the landlord's claims with evidence.

3. File Necessary Motions

   • Description: Submit any required legal motions to the court.
   • Explanation: Motions can address procedural issues or request specific court actions, such as a motion to dismiss if the eviction notice was improperly served or a motion to determine the correct amount of rent due.
   • Expected Outcome: Court rulings on motions that may benefit the defense.
   • Benefits for the Defendant: Can lead to dismissal of charges or other favorable rulings. Filing motions can delay proceedings, allowing more time to prepare a defense or negotiate a settlement.
   • Related Laws: Florida Statute § 83.60 allows tenants to file motions to determine rent or contest the amount claimed by the landlord.

4. Prepare for Trial

   • Description: Develop a trial strategy with legal counsel.
   • Explanation: Preparation is key to effectively presenting the defense in court. This includes organizing evidence, preparing witness testimony, and formulating legal arguments.
   • Expected Outcome: A well-organized and persuasive defense presentation.
   • Benefits for the Defendant: Increases the likelihood of a favorable verdict. A strong trial presentation can sway the judge or jury and highlight any weaknesses in the landlord's case.
   • Related Laws: The Florida Rules of Civil Procedure govern the conduct of trials and outline the procedures for presenting evidence and arguments in court.

These steps are essential for the defendant to effectively navigate the eviction process and protect their rights under the law.