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Filing# 60827161 E-Filed 08/23/2017 06:54:56 PM

IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT


IN AND FOR SAINT JOHNS COUNTY, FLORIDA

PAUL and LISA GINTER, individually and


on behalf of their minor children, S.G. and
R.G.,

Plaintiffs, CASE NO.:


vs. DIVISION:

THR FLORIDA, L.P., a foreign limited


partnership, doing business as
INVITATION HOMES, THE
BLACKSTONE GROUP, a Limited
Partnership, GREYSTAR, as successor by
acquisition of RIVERSTONE
RESIDENTIAL GROUP, and
MICROTECH SOLUTIONS-NORTH
FLORIDA, L.L.C., a Florida limited
liability company,

Defendant(s).

AMENDED COMPLAINT

COME NOW, the Plaintiffs, PAUL and LISA GINTER ("Mr. and Mrs. Ginter"),

individually and on behalf of their minor children, S.G. and R.G. (collectively, the "Ginters"), by

and through their undersigned counsels, and hereby sue the Defendants, THR FLORIDA, L.P.

(individually, "THR"), doing business as INVITATION HOMES (individually, "IH")

(collectively, "THR, d/b/a IH"), THE BLACKSTONE GROUP, L.P., ("Blackstone"),

GREYSTAR ("Greystar"), as successor by merger of RIVERSTONE RESIDENTIAL GROUP

("Riverstone"), and MICROTECH SOLUTIONS-NORTH FLORIDA, L.L.C. ("Microtech")

(collectively, the "Defendants"), and allege:


PARTIES, JURISDICTION, AND VENUE

1. This is a complaint for causes of action for breach of contract, violations of the

Florida Residential Landlord and Tenant Act, negligence, and other equitable causes of action.

2. This is an action for damages that exceeds $15,000.00, exclusive of interest, cost,

and attorneys' fees.

3. Mr. and Mrs. Ginter are a married couple residing in St. Johns County, Florida, are

each over the age of eighteen (18), and are otherwise capable of bringing this suit. S.G. and R.G.

are their minor children.

4. Defendant THR is a foreign limited partnership formed in the State of Delaware

and registered with the Florida Department of State, Division of Corporations, to conduct business

in the State of Florida. THR does business as IH in the State of Florida. Upon information and

belief, THR is in the business of investing in and managing real estate. At all times material to this

action, THR, d/b/a IH, was the owner property subject to this action and the landlord of the Ginters.

5. Defendant Blackstone is a foreign limited partnership formed in the State of

Delaware. According to its website, www.blackstone.com, Blackstone holds itself out to be one of

the world's leading investment firms. Upon information and belief, Blackstone is the parent

company ofiH. According to Blackstone's website, IH appears to be Blackstone's residential real

estate platform. More specifically, Blackstone's website states "Invitation Homes is the leading

provider of single-family homes for rent in 13 markets across the U.S. Blackstone created a leading

single-family home rental platform in 13 metropolitan markets across the U.S. The platform

creates jobs and provides high quality, affordable housing for families nationwide." At all times

material to this action, Blackstone, as the parent company, was responsible for the actions ofTHR,

d/b/a IH.

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6. Defendant Riverstone was a foreign entity with a mailing address in Lynnwood,

Washington. At all times material to this action, Riverstone was an agent ofiH. Prior to the filing

of this action, Riverstone was acquired by Grey star, a Delaware corporation with its headquarters

in South Carolina. Greystar is responsible for the liabilities and responsibilities ofRiverstone prior

to the merger.

7. Defendant Microtech is a Florida limited liability company registered with the

Florida Department of State, Division of Corporations, to conduct business in the State of Florida.

At all times material to this action, Microtech performed remediation on the property subject to

this action.

8. At all times material to this action, Blackstone managed and directed THR, d/b/a

IH.

9. At all times material to this action, THR, d/b/a IH, managed the property subject to

this action.

10. At all times material to this action, Microtech was an agent of THR, d/b/a IH.

11. Venue is proper in the forum county as the actionable events took place in St. Johns

County, Florida.

12. All conditions precedent have occurred and/or have been waived.

13. Mr. and Mrs. Ginter have retained the undersigned counsel who is due a reasonable

fee for the legal services rendered.

FACTUAL ALLEGATIONS

14. On or about May 1, 2013, Mr. and Mrs. Ginter and THR executed a lease (the

"Lease") as tenants and landlord, respectively, for the property located at 2512 West Caparina

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Drive, St. Augustine, Florida 32092 (the "Property"). A true and accurate copy of the Lease is

attached hereto as "Exhibit A."

15. The term of the Lease was for one year, commencing on May 1, 2013, through

April30, 2014. See Exhibit A.

16. Upon information and belief, in December, 2011, prior to the Ginters moving into

the Property, a neighbor was helping the previous owners of the Property remove Christmas

decorations from the attic above the garage. The neighbor discovered that there was clear and

visible water damage in the attic and reported this information to the owners. Prior to selling the

Property, the prior owners disclosed this information to the listing agent, DAVIDSON REALTY

("Davidson"). The disclosure to Davidson resulting in a potential buyer requesting that the prior

owners repair, at their expense, to repair the roof and attic space. The prior owners retained

SILCOX CONTRACTING, INC. ("Silcox"), to view and prepare an estimate to repair the rood

and attic space in November, 2012. The potential sale fell through and, upon information and

believe, the repairs to the roof and attic space were not made.

17. THR, d/b/a IH, purchased the property shortly thereafter. The water damage and

mold formation was known by the prior sellers and the listing agent. THR, d/b/a IH, was aware or

should have been aware of the water damage in the attic.

18. Upon information and belief, THR, d/b/a IH, and/or its agents did not correct the

mold damage and/or simply covered over it with paint and/or concrete.

19. Upon information and belief, the levels of microbial growth that was present in the

Property posed, caused, and contributed to substantial health problems.

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20. Blackstone and THR, d/b/a IH, all knew or should have known of these problems

before entering into the Lease and should have remediated the problems before marketing the

Property and recruiting people to reside in the Property with impaired indoor air quality.

21. At all times material to this action, Blackstone and THR, d/b/a IH, all knew, but

failed to notify the Ginters of the mold growth and impaired air quality at the Property.

22. Almost immediately after moving into the Property in May, 2013, the Ginters began

experiencing serious health issues.

23. The family as a whole was experiencing severe asthma-type issues. Specifically,

the Ginters have been experiencing severe migraines, breathing distress, sinus issues, throat

irritation and throat-closing-off sensations, dizziness, nausea, anxiety, malaise, nose bleeds, heart

palpitations, and body rashes. These severe health issues resulted in multiple emergency room

visits, emergency medical calls to the Property, missed school for the Ginters' minor children, and

missed work for the Mr. and Mrs. Ginter.

24. Within the first month of living in the Property, Mrs. Ginter contacted THR, d/b/a

IH's Operation Manager, Mr. Roger Emery (''Mr. Emery"), via e-mail complaining that her minor

daughter, S.G., was having nose bleeds and that there was a mildew or mold smell coming from

the master bedroom/bathroom. Mrs. Ginter also asked Mr. Emery whether or not the home had

water damage. Mr. Emery responded that he "would have no idea" because THR, d/b/a IH, buys

homes from a "variety of sources and do[es] not always know the history." A true and accurate

copy of the May 20 and May 22, 2013, e-mail exchange between Mrs. Ginter to Mr. Emery is

attached hereto as "Exhibit B."

25. Despite Mr. and Mrs. Ginters' requests and complaints, Blackstone and THR, d/b/a

IH, failed to adequately address moisture intrusion and high indoor humidity problems and,

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consequently, the mold levels and impaired air quality continued to cause property damage and

pose health hazards within the Property.

26. On December 25, 2013, the Ginters were out of town visiting family. Almost

immediately after arriving back home, S.G. began having a severe allergic reaction. Mr. and

Mrs.Gitner were forced to contact emergency medical services to come to the Property and take

S.G. to the emergency room via ambulance. The Ginters left the Property that night and never

occupied the Property again.

27. Mr. and Mrs. Ginter hired Hayes Microbial Consulting, LLC ("Hayes"), to evaluate

the air quality inside the property and perform a spore trap analysis. Mr. and Mrs. Ginter selected

Hayes to conduct the evaluation because Hayes has over twenty (20) years of mold and bacterial

identification experience.

28. After the inspection and analysis, Hayes found that there was a "significantly

higher" spore count of the spores Aspergillus and Penicillium in the home than were in the outside

air sample. According to Hayes' report, these elevated levels probably indicated a "source of

contamination." Furthermore, the ratio of spores inside the house was significantly higher than the

outdoor sample and was an indication of the presence of "abnormal levels of mold." A true and

accurate copy of the Hayes Report is attached hereto as "Exhibit C."

29. In January, 2014, Mr. Bill Mazar ("Mr. Mazar"), Regional President ofTHR, d/b/a

IH, sent Mr. Ginter a letter stating that THR, d/b/a IH, had contacted SkyeTec, "a licensed indoor

environmental consulting and remediation company, to consult on the repair of the roof leak and

wood damage in the garage and conduct a thorough re-cleaning ofthe ducts." Further, SkyeTec

was to review the report provided by Hayes "in an effort to determine the origin of the various

spores, which spore counts present a potential health effect and possible remediation, if necessary."

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A true and accurate copy of the January 2, 2014, letter from Mr. Mazar to the Ginters is attached

hereto as "Exhibit D."

30. Mr. Mazar also offered Mr. and Mrs. Ginter the option of terminating their lease

and refunding their deposit in-full. See paragraph five of Exhibit D.

31. In January, 2014, THR, d/b/a IH, hired Microtech to perform remediation services

on the Property.

32. During the remediation process, Microtech sprayed chemicals throughout the

Property. These chemicals infiltrated the Ginters' personal property and destroyed their furniture,

artwork, clothing, and other personal belongings.

33. On or about January 30, 2014, Mr. and Mrs. Ginter, through former-counsel Mr.

Terry Shoemaker, Esq. ("Mr. Shoemaker"), informed THR, d/b/a IH, that Mr. and Mrs. Ginter

would be terminating their lease for the above-mentioned property. A true and accurate copy of

Mr. Shoemaker's correspondence is attached hereto as "Exhibit E."

34. Despite being constructively-evicted from their home while the remediation

process was taking place, THR, d/b/a IH, subsequently sent Mr. and Mrs. Ginter a three-day notice

for rent in the amount of$1,525.00 or possession of the property. THR, doing business as IH, then

filed an eviction complaint styled THR Florida, L.P ., D/B/A Invitation Homes v. Paul and Lisa

Ginter, Case No. SP14-291, St. Johns County, Florida, on February 28, 2014. The complaint was

subsequently dismissed three (3) days later.

35. Riverstone, on behalf ofTHR, d/b/a IH, then sent Mr. and Mrs. Ginter a letter on

March 17, 2014, notifying Mr. and Mrs. Ginter of its intention to impose a claim of damages in

the amount of $2,477.00 upon the security deposit. A true and accurate copy of the Riverstone

correspondence is attached hereto as "Exhibit F."

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36. On April1, 2014, Mr. and Mrs. Ginter sent Riverstone and THR, d/b/a IH, a notice

of objection to Riverstone's claim against Mr. and Mrs. Ginter's security deposit. A true and

accurate copy of Mr. and Mrs. Ginter's correspondence is attached hereto as "Exhibit G."

37. The Ginters have suffered, and continue to suffer, health problems as a result of

their exposure to these environmental conditions including, but not limited to, difficulty breathing,

migraine headaches, cognitive impairment, sinus infections, pulmonary illnesses, environmental

sensitivities, and skin-related maladies.

38. The Ginters' personal property was exposed, contaminated, and damaged due to

the high indoor humidity and the mold that grew in the Property. Further, their personal property

was destroyed by the chemicals sprayed during the remediation process.

3 9. As of the date of the filing of this Complaint, the Ginters' security deposit has not

been returned. The Ginters have not received any reimbursement for the damage done to their

personal property. The Ginters further have not received any monetary assistance or awards from

any Defendants with regards to the physical and emotional damage done to the Ginter family.

COUNT I- BREACH OF CONTRACT

(AGAINST THR, D/B/A IH)

40. The Ginters re-allege and incorporate by reference the allegations contained in

paragraphs 1 through 39 above as if fully stated herein.

41. The Ginters and THR, d/b/a IH, entered into a valid landlord-tenant Lease on or

about May 1, 2013. See Exhibit A.

42. Landlords in the State of Florida have a duty to maintain the premises by either

complying with the requirements of applicable building, housing, and health codes or, where such

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codes do not exist, maintain the roofs, exterior walls, foundations, and all other structure

components in good repair.

43. After occupying the Property, the Ginters began expenencmg senous health

problems as a result of their exposure to the contaminated environmental conditions.

44. Mr. and Mrs. Ginter notified THR, d/b/a IH, either directly or through its duly-

appointed agents of the mold contamination problems and/or the abnormal damp or moist

conditions associated with the Property. Moreover, THR, d/b/a IH, already knew, or should have

known, of the mold contamination problems and/or abnormal damp or moist conditions.

45. As a result of the uninhabitable conditions, the Ginters were constructively evicted

from the Property at the request of THR, d/b/a IH.

46. THR, d/b/a IH, breached the Lease initially by failing to provide habitable living

conditions, and by failing to maintain the premises in a safe and habitable condition by allowing

the existence and continued growth of fungi or other microbial growth and/or abnormal damp or

moist conditions.

4 7. Any alleged exculpatory clauses in the Lease which appear to limit liability to the

Defendants and/or waive rights of the Ginters as it relates to mold and/or other living conditions

are unenforceable, unconscionable, and contrary to applicable Florida law.

48. As a direct and proximate result ofTHR, d/b/a IH's, breach of the Lease and refusal

to maintain the Property in a safe and habitable condition, the Ginters have suffered actual damages

in the form of property damage, physical injury, discomfort, and other monetary losses.

WHEREFORE, the Plaintiffs, Paul and Lisa Ginter, individually and on behalf of their

minor children, S.G. and R.G., hereby respectfully request that this Honorable Court enter

judgment in their favor and against the Defendant, THR, d/b/a IH, award them actual and

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compensatory damages, pre and post judgment interest costs, attorneys' fees with the application

of a multiplier, and any and all such further relief to which this Honorable Court deems just and

proper.

COUNT II- VIOLATION OF§ 83.51, FLORIDA STATUTES

(AGAINST THR, D/B/A IH)

49. The Ginters re-allege and incorporate by reference the allegations contained in

paragraphs 1 through 39 above as if fully stated herein.

50. Section 83.51(1), Florida Statutes, provides that landlords in the State of Florida

have a duty to maintain the premises by complying with applicable building, housing, and health

codes or, if such codes do not exist, a landlord has a duty to maintain the roofs, windows, and all

other structural components in good repair.

51. If the landlord fails to comply, rendering the house uninhabitable, then, pursuant to

§ 83 .56( 1)(a), Florida Statutes, the "tenant shall not be liable for rent during the period the dwelling

remains uninhabitable."

52. The Property was uninhabitable due to the abnormal levels of mold which caused

the Ginters to suffer severe illness.

53. As a result of the uninhabitable conditions, THR, d/b/a IH, required the Ginters to

vacate so the Property could be remediated.

54. THR, d/b/a IH, failed to comply with the requirements of applicable building,

housing, and health codes and/or failed to maintain the roofs, exterior walls, foundation, and other

structural components in good repair and capable of resisting normal weather, rainfall, forces and

loads resulting in mold contamination problems and/or abnormal damp or moist conditions.

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55. As a direct and proximate result ofTHR, d/b/a IH's, violation of§ 83.51(1), Florida

Statutes, the Ginters have suffered actual damages in the form of property damage, physical injury,

discomfort, emotional injury, and other monetary losses

WHEREFORE, the Plaintiffs, Paul and Lisa Ginter, individually and on behalf of their

minor children, S.G. and R.G., hereby respectfully request that this Honorable Court enter

judgment in their favor and against the Defendant, THR, d/b/a IH, award them actual and

compensatory damages, costs, attorneys' fees with the application of a multiplier, and any and all

such further relief to which this Honorable Court deems just and proper.

COUNT III- VIOLATION OF§ 83.49, FLORIDA STATUTES

(AGAINST THR, D/B/A IH)

56. The Ginters re-allege and incorporate by reference the allegations contained in

paragraphs 1 through 39 above as if fully stated herein.

57. This is a cause of action for return of the Mr. and Mrs. Ginter's security deposit.

58. The Ginters were constructively evicted from the Property by THR, d/b/a IH, so

the Property could be remediated.

59. The Ginters terminated their Lease for the Property by way of letter from previous-

counsel on or about January 30, 2014. See Exhibit E.

60. THR, d/b/a IH, by and through its agent, Riverstone, sent Mr. and Mrs. Ginter its

statutorily-required notice of intent to impose a claim for damages against the security deposit on

or about March 17, 2014. See Exhibit F.

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61. IfTHR, d/b/a IH, intended to impose a claim against the security deposit, it would

have had thirty (30) days from the date Mr. and Mrs. Ginter terminated the Lease to send the

statutorily-required written notice of its intent to impose a claim.

62. THR, d/b/a IH's, notice came well-after the thirty (30) day deadline.

63. THR, d/b/a IH, therefore waived its right to impose a claim against Mr. and Mrs.

Ginter's security deposit.

64. Out of an abundance of caution, Mr. and Mrs. Ginter promptly replied to THR,

d/b/a IH's, notice via certified mail, return receipt, on or about April 1, 2014. See Exhibit G.

65. The April 1 letter to THR, d/b/a IH, came back "return to sender."

66. Nevertheless, THR, d/b/a IH's, failure to timely-send notice waived its right to

withhold Mr. and Mrs. Ginter's security deposit.

67. As of the date of filing this Complaint, THR, d/b/a IH, has not returned Mr. and

Mrs. Ginter's $1,850.00 security deposit.

68. As a direct and proximate cause of THR, d/b/a IH's, failure to comply with §

83.49(3), the Ginters have been damaged.

WHEREFORE, the Plaintiffs, Paul and Lisa Ginter, individually and on behalf of their

minor children, S.G. and R.G., hereby respectfully request that this Honorable Court enter

judgment in their favor and against the Defendant, THR, d/b/a IH, award them actual and

compensatory damages, costs, attorneys' fees with the application of a multiplier, and any and all

such further relief to which this Honorable Court deems just and proper.

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COUNT IV- VIOLATION OF § 83.49, FLORIDA STATUTES

(AGAINST GREYSTONE, AS SUCCESSOR BY MERGER OF RIVERSTONE)

69. The Ginters re-allege and incorporate by reference the allegations contained in

paragraphs 1 through 39 and 58-69 above as if fully stated herein.

70. Riverstone, as the agent ofTHR, d/b/a IH, sent Mr. and Mrs. Ginter its statutorily-

required notice of intent to impose a claim for damages against the security deposit on or about

March 17, 2014. See Exhibit F.

71. IfRiverstone, as the agent ofTHR, d/b/a IH, intended to impose a claim against the

security deposit, it would have had thirty (30) days from the date Mr. and Mrs. Ginter terminated

the Lease to send the written notice of its intent to impose a claim.

72. Riverstone, as the agent of THR, d/b/a IH's, notice came well-after the thirty (30)

day deadline.

73. Riverstone, as the agent of THR, d/b/a IH, therefore waived its right to impose a

claim against Mr. and Mrs. Ginter's security deposit.

74. Out of an abundance of caution, Mr. and Mrs. Ginter promptly replied to

Riverstone, as the agent of THR, d/b/a IH's, notice via certified mail, return receipt, on or about

April 1, 2014. See Exhibit G.

75. Subsequent to the sending of this letter, a representative from Riverstone informed

Mr. and Mrs. Ginter that Riverstone was the successor-in-interest to THR, d/b/a IH.

76. Nevertheless, Riverstone, as the agent of THR, d/b/a IH's, failure .to timely-send

notice waived its right to withhold Mr. and Mrs. Ginter's security deposit.

77. As of the date of filing this Complaint, Riverstone, as the agent of THR, d/b/a IH,

has not returned Mr. and Mrs. Ginter's $1,850.00 security deposit.

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78. As a direct and proximate cause of Riverstone, as the agent of THR, d/b/a IH's,

failure to comply with§ 83.49(3), the Ginters have been damaged.

WHEREFORE, the Plaintiffs, Paul and Lisa Ginter, individually and on behalf of their

minor children, S.G. and R.G., hereby respectfully request that this Honorable Court enter

judgment in their favor and against the Defendant, Riverstone, award them actual and

compensatory damages, costs, attorneys' fees with the application of a multiplier, and any and all

such further relief to which this Honorable Court deems just and proper.

COUNT V- NEGLIGENCE

(AGAINST BLACKSTONE AND THR, D/B/A IH)

79. The Ginters re-allege and incorporate by reference the allegations contained in

paragraphs 1 through 39 above as if fully stated herein.

80. Blackstone and THR, d/b/a IH, owed the Ginters the duty to provide fit and

habitable living conditions at the time the Lease was entered into. Thereafter, Blackstone and THR,

d/b/a IH, had a continuing duty to exercise reasonable care in maintaining the property in a safe

and habitable condition and to correct and repair any dangerous conditions on the premises that

could harm the Ginters' health, property, or their enjoyment of the Property.

81. Specifically, Blackstone and THR, d/b/a IH, owed the Ginters the following duties:

a. comply with applicable building codes;

b. comply with applicable housing and health codes;

c. maintain the structural components of the Property in good repair;

d. protect the Ginters from fungi exposure and abnormally damp and moist

conditions; and

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e. properly remediate the fungi contamination and abnormally damp and moist

conditions in the Property.

82. Upon information and belief, Blackstone and THR, d/b/a IH, knew, or should have

known, of the dangerous fungi contamination and other latent defects and/or abnormal damp or

moist conditions existing in the Property at the time the Lease was entered into and continuing

thereafter.

83. Despite the complaints and information about the moist conditions and mold

growth provided to Blackstone and THR, d/b/a IH, prior to entering into the Lease with Mr. and

Mrs. Ginter, Blackstone and THR, d/b/a IH, failed to take proper steps to prevent and remediate

the mold contamination and other latent defects and/or abnormal damp or moist conditions despite

knowing of its existence in the Property.

84. Upon information and belief, prior to entering into the Lease with Mr. and Mrs.

Ginter, Blackstone and THR, d/b/a IH, unsuccessfully attempted to eradicate the fungi

contamination by employing improper cleaning methods rather than properly remediating the

Property. These failed activities have caused microscopic, airborne mold spores to be released and

dispersed into the air. As a result, Blackstone and THR, d/b/a IH, increased the Ginters' exposure

to chronically contaminated environmental conditions.

85. Blackstone and THR, d/b/a IH, breached its duties to the Ginters by failing to

exercise reasonable care in maintaining the property in a safe, habitable condition and by failing

to correct and repair any harmful, damaging, and dangerous conditions and thus exposed the

Ginters to health risks, damaging their personal property, and diminishing their enjoyment of the

Property.

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86. As a direct and proximate result of Blackstone and THR, d/b/a IH's, negligence,

the Ginters have been foreseeably injured in the enjoyment of the Property, in damages to their

personal property and damages to their personal health.

87. The Ginters are entitled to compensation for:

a. expenses to correct, repair, restore, decontaminate, or replace household

goods, furnishings, and contents, as well as other personal property damaged or lost

either as a direct result of conditions created by the defects, deficiencies, and

failures or by the evaluation, correction, replacement, reconstruction, and/or

improper remediation of the defects, deficiencies, and failures;

b. rent abatement and refunds, loss of use and relocation expenses, and other

additional living expenses necessitated by the existence of, and conditions created

by, the defects, deficiencies, and failures, as well as the improper remediation of

the condition created by the defects, deficiencies, and failures; and

c. expenses for physicians and other health care professionals, for

pharmaceuticals, and for the treatment of physical injuries caused by the

contaminated environment resulting from the defects, deficiencies, and failures

existing within and around the buildings as well as the improper remediation of the

condition created by the defects, deficiencies, and failures.

88. As a further direct, proximate, and reasonably probable and foreseeable

consequence of Blackstone and THR, d/b/a IH's, negligent acts or omissions, the Ginters have

sustained pain, suffering, severe emotional distress, extreme inconvenience, trauma, stress,

hardship, and profound disruption of their daily routines.

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WHEREFORE, the Plaintiffs, Paul and Lisa Ginter, individually and on behalf of their

minor children, S.G. and R.G., hereby respectfully request that this Honorable Court enter

judgment in their favor and against Blackstone and THR, d/b/a IH, award them actual damages,

interest and costs, and grant any and all such further relief to which this Honorable Court deems

just and proper.

COUNT VI- NEGLIGENCE

(AGAINST MICROTECH)

89. The Ginters re-allege and incorporate by reference the allegations contained in

paragraphs 1 through 39 above as if fully stated herein.

90. Having been retained by THR, d/b/a IH, to remediate the Property wherein the

Ginters resided, Microtech owed the Ginters the duty to properly remediate the fungi

contamination and abnormally damp and moist conditions in the Property.

91. Microtech' s attempts to eradicate the fungi contamination resulted in chemicals and

microscopic, airborne mold spores to be released and dispersed into the air and onto all of the

Ginters' personal property. As a result, Microtech's actions damaged and destroyed the Ginters'

personal property located within the Property.

92. Microtech breached its duty to the Ginters by failing to exercise reasonable care in

remediating the Property in a safe manner and thus damaged and destroyed the Ginters' personal

property.

93. As a direct and proximate result ofMicrotech's negligence, the Ginters have been

foreseeably injured in the damage to their personal property.

94. The Ginters are entitled to compensation for:

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a. expenses to correct repair, restore, decontaminate, or replace household

goods, furnishings, and contents, as well as other personal property damaged or lost

either as a direct result of the improper remediation of the defects, deficiencies, and

failures.

95. As a further direct, proximate, and reasonably probable and foreseeable

consequence ofMicrotech's negligent acts or omissions, the Ginters have sustained pain, suffering,

severe emotional distress, extreme inconvenience, trauma, stress, hardship, and profound

disruption of their daily routines.

WHEREFORE, the Plaintiffs, Paul and Lisa Ginter, individually and on behalf of their

minor children, S.G. and R.G., hereby respectfully request that this Honorable Court enter

judgment in their favor and against Blackstone and THR, d/b/a IH, award them actual damages,

interest and costs, and grant any and all such further relief to which this Honorable Court deems

just and proper.

JURY TRIAL

With regard to the above causes of action, the Ginters respectfully request a trial by jury

on all issues so triable.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and accurate copy of the foregoing was furnished to

counsel for the Defendants, THR Florida, L.P., doing business as Invitation Homes, and The

Blackstone Group, L.P., The MGFD Law Firm, PA, via e-mail to eservice@mgfdlaw.com, to

Greystar, c/o CT Corporation System, 2 Office Park Court, Suite 103, Columbia, South Carolina

29223, and to all other Parties listed in the Florida Courts E-Filing Portal on this 23rd day of

August, 2017.

Respectfully submitted:

PYCRAFT LAW, LLC


Counsel for the Ginters
2825 Lewis Speedway, Suite 107
St. Augustine, Florida 32084
Phone: (904) 940-0060
Fax: (866) 656-3282
service(al,pycraftlaw.com

BY: Is/ Thomas R. Pycra{i, Jr.


Thomas R. Pycraft, Jr., Esq.
Florida Bar No. 70366

Page 19 of 19
EXHIBIT A
DocuSign Envelope ID: 5A2E5B53-D329-44A8-923F-5C34EFD4A600

THR Florida, L.P.


Single Family Home Lease Agreement

This agreement, made this lst day of May 20 13, between THR Florida, L.P. hereinafter referred to as the
LANDLORD, through its agent and Paul Gl nter and Lisa Ginter hereinafter referred to as the
TENANT, concerning the lease of the following described property: 2512 west capari na Dr st Augustine, Fl 32092 is
agreed to by and shall bind the TENANT, its heirs, estate, or legally appointed representatives. TENANT as herein
used shall include all persons to whom this property is leased. LANDLORD as herein used shall include the owner(s) of the
premises, its heirs, assigns or representatives and/or any agent(s) designated by the owner(s).

1. TERM OF LEASE: May ls t 2013 to April 30th 29-lflfor any reason LANDLORD cannot deliver possession of
the premises to TENANT by the beginning date, the beginning date may be extended up to 30 days or lease voided at
LANDLORD'S option without LANDLORD being liable for any expenses caused by such delay or termination.

2. OCCUPANTS: Only the following individuals shall occupy the premises unless written consent of the LANDLORD is
obtained: A reasonable number of guests may occupy the premises without prior written consent if stay is limited to 72 hours.

Paul Ginter Sarah Ginter

Lisa Ginter Rachel Ginter

PRORATED RENT: TENANT agrees to pay the sum of $_0_ _ _ as pro-rated rent for the period _o_ _ _ _ to _o_ _ __

ADVANCE RENT: TENANT agrees to pay the sum of ,._$_o_ _ _ _ as advance rent representing payment for the last
month of lease term or any renewal.

3. RENT: TENANT agrees to pay the monthly rent amount of$ 1850 • 00 plus any applicable sales tax as rent on the 1st day
of each month in advance without demand via US Mail to: 6601 Arlington Expressway, Suite 8152, Jacksonville, FL
32211. Make check payable to THR, FLORIDA, L.P. Rent must be received by LANDLORD or its designated agent on or before the
due date. A late fee of $50.00 plus $5.00 per day thereafter shall be due as additional rent if TENANT fails to make rent payments
on or before the 4th day of each month. Cash payments are not accepted.

TENANT'S check is dishonored, all future payments must be made by money order or cashier's check dishonored checks
will be subject to the greater of 5% of the check amount or a $40.00 charge as additional rent. If LANDLORD has actual
knowledge that there are insufficient funds to cover a check, rent will be considered unpaid, LANDLORD may serve
TENANT with a Three Day Notice and will not be required to deposit the check. Third party checks are not permitted.
Time is of the essence. The imposition of late fees and/or dishonored check charges is not a substitution or waiver of
available Florida law remedies. If rent is not received by the 1st day of each month, LANDLORD may serve a Three Day
Notice on the next day or any day thereafter as allowed by law, and LANDLORD has the right to demand that late
payments shall only be in the form of a money order or a certified check. All signatories to this lease are jointly and
severally responsible for the faithful performance of this lease. All payments made shall first be applied to any outstanding
balances of any kind including late charges and/or any other charges due under this lease. All notices by TENANT to
LANDLORD shall be sent to LANDLORD'S address above by certified mail.

4. PETS: TENANT shall not keep any animal or pet in or around the rental premises without LANDLORD'S prior written
approval and a PET ADDENDUM signed by all parties. In the event pet(s) are permitted under this lease, TENANT shall secure
and/or temporarily remove any pet(s) on the premises if the premises are being shown for sale or rental, repairs or inspections
are being conducted or at any other appropriate or necessary time when requested by LANDLORD or LANDLORD'S AGENT. If
TENANT brings a pet onto the premises and no pet addendum has been signed and/or all required fees/deposits paid, the TENANT
shall be in default of the lease and shall owe a $300 penalty due as additional rent immediately to LANDLORD and be subject to
eviction.

5. SECURITY DEPOSIT: TENANT agrees to pay LANDLORD the sum of$ 1850 • 00 , as security for faithful performance by
TENANT of all terms, covenants and conditions of this lease. This deposit may be applied by the LANDLORD for any
monies owed by TENANT under the lease or Florida law, physical damages to the premises, costs, and attorney's fees
associated with TENANT's failure to fulfill the terms of the lease and any monetary damages incurred by LANDLORD due
to TENANT's default. TENANT cannot dictate that this deposit be used for any rent due. If TENANT breaches the lease by
abandoning, surrendering or being evicted from the rental premises prior to the lease expiration date (or the expiration of
any extension) TENANT will be responsible for unpaid rent, physical damages, future rent due, attorney's fees, costs and
any other amounts due under the terms of the tenancy or Florida law. The security deposit (and advance rent, if

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applicable) will be held in the following manner: Deposited in a separate non-interest bearing account with Bank of America
8021 Citrus Park Town Center, Tampa, F 33610. Florida statutory law, 83.49(3) pro~des:
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(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the
seurity 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 last known mailing address of his
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 of------ upon 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 forfeits his right to impose a claim upon the security 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 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.
(c) If either party institutes an action in a court of competent jurisdiction to adjudicate his right to the security deposit, the prevailing
party is entitled to receive his court costs plus a reasonable fee for his attorney. The court shall advance the cause on the calendar.
(d) Compliance with this subsection by an individual or business entity authorized to conduct business in this state, including Florida-
licensed real estate brokers and salespersons, shall constitute 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
subsection to determine compliance. This subsection prevails over any conflicting provisions in chapter 475 and in other sections of the
Florida Statutes.
Security deposit refunds if any shall be made by mail only, as provided by law, made out in names of all TENANTS in one
check, and, may not be picked up in person from LANDLORD.

6. ASSIGNMENTS: TENANT shall not assign this lease or sublet the premises or any part thereof. Any unauthorized
transfer of interest by the TENANT shall be a breach of this agreement.

7. APPLICATION: If TENANT has filled out a rental application, any misrepresentation made by the TENANT in same will
be a breach of this agreement and LANDLORD may terminate the tenancy.

8. FIXTURES AND ALTERATIONS: TENANT must obtain prior written consent from LANDLORD before painting, installing
fixtures, making alterations, additions or improvements and if permission granted, same shall become LANDLORD'S
property and shall remain on the premises at the termination of the tenancy. TENANT shall not install TV antenna(s), satellite
dishes or other external fixtures without LANDLORD'S prior written approval.

9. USE OF PREMISES: TENANT shall maintain the premises in a clean and sanitary condition and not disturb surrounding
residents or the peaceful and quiet enjoyment of the premises or surrounding premises. TENANT shall install window
shades or draperies (no foil, sheets, paper etc. allowed) within 15 days of taking occupancy if not already provided.
Premises are to be used and occupied by the TENANT for only residential, non business, private housing purposes only.
TENANT shall not operate any type of day care or child sitting service on the premises. TENANT shall secure insurance
immediately for any water filled devices with a loss payable clause to LANDLORD. No trampolines, athletic equipment,
recreational equipment, or any items or activities which can cause interference with the insurance coverage on the
premises will be permitted. TENANT shall not keep or store any goods or materials of any kind that are combustible or could
increase fire risk on the premises. After the first 30 days of the TENANT taking occupancy, the TENANT shall be responsible
for paying for all costs of extermination of pests and insects except for termites. TENANT agrees to keep driveways and
walking areas clean so as to prevent any buildup of mold or allow the surfaces to become slippery.

10. SMOKING: Smoking is NOT permitted inside the premises by TENANT, guests or invitees. TENANT understands
that smoking inside the premises shall be considered a material default under this lease agreement. TENANT also
understand that violation of this policy will result in the TENANT being held responsible for paying all expenses associated
with smoke remediation inside the premises.

11. RISK OF LOSS: All TENANTS' personal property shall be at the risk of the TENANT or owner thereof and LANDLORD
shall not be liable for any damage to said personal property of the TENANT arising from criminal acts, fire, storm, flood,
rain or wind damage, acts of negligence of any person whomsoever, or from the bursting or leaking of water pipes.
TENANT is strongly urged to secure insurance for personal property.

12. DEFAULT: (1) Failure of TENANT to pay rent or any additional rent when due, or (2) TENANT'S violation of any other
term, condition or covenant of this lease (and if applicable, attached rules and regulations), condominium by-laws or
neighborhood deed restrictions or (3) failure of TENANT to comply with any Federal, State and/or Local laws, rules and
ordinances, or (4) TENANT'S failure to move into the premises or tenants abandonment of the premises, shall constitute a
default by TENANT. Upon default, TENANT shall owe LANDLORD rent and all sums as they become due under the
terms of this lease and any addendums attached hereto and any and all amounts owed to LANDLORD as permitted by

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Florida law. If the TENANT abandons or surrenders possession of the premises during the lease term or any renewals, or
is evicted by the LANDLORD, LANDLORD may retake possession of the premises and make a good faith effort to rerent
it for the TENANT account. Retaking of possession shall not constitute a rescission of this lease nor a surrender of the
leasehold estate. If TENANT(s) breach this lease agreement, in addition to any other remedies available by law and this lease
agreement, TENANT(s) shall be responsible for any leasing fee or commission charge which OWNER may incur in If TENANT'S
actions or inactions result in any fines, attorney's fees, costs or charges from or imposed by a condo association or homeowners
association if in place, TENANT shall be in default of this lease and shall be immediately required to pay such sums as
additional rent.

ATTORNEY'S FEES: If LANDLORD employs an attorney due to TENANT's violation of the terms and conditions of this
lease, TENANT shall be responsible for all costs and reasonable attorney's fees as incurred by the LANDLORD whether or
not suit is filed. LANDLORD and TENANT

13. UTILITIES: Utilities will NOT be paid for, by LANDLORD, unless otherwise agreed upon.

The TENANT agrees to pay all charges and deposits for all utilities and TENANT agrees to have all accounts for utilities
immediately placed in TENANT name with accounts kept current throughout occupancy. Garbage and or trash removal is
considered a utility under this lease. If the utilities which TENANT is responsible for are still in LANDLORD's name at the time
TENANT takes occupancy, TENANT agrees that LANDLORD shall order such utilities to be terminated. In the event a
Condominium association or homeowner's association is currently providing any services to the unit such as cable, satellite TV,
alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these
services will no longer be provided, Tenant agrees and understands that Landlord and/or Agent shall not be required to
replace, provide or pay for these removed services for Tenant. Tenant may opt to pay for non-essential services but shall
be required to pay for essential services including but not limited to water, sewer and trash if the association no longer
provides these services. The discontinuation of any such services by the association shall not be construed as a
prohibited practice by Landlord or Agent nor shall it constitute a default under the lease. The failure of Tenant to retain
and pay for essential services upon notice and demand by the Landlord or Agent shall constitute a material breach of the
lease.

14. VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational and properly parked.
TENANT agrees to abide by all parking rules established now or in the future by LANDLORD or condo /homeowner
association's rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats or commercial vehicles are
allowed on or about the premises without Landlord's prior written approval. TENANT is not to repair or disassemble
vehicles on the premises. Vehicles not meeting the above requirements and additional rules of LANDLORD are
unauthorized vehicles subject to being towed at TENANT expense. Parking on the grass is prohibited. TENANT agrees to
indemnify LANDLORD for any expenses incurred due to the towing of any vehicle belonging to the guest or invitee of
TENANT. TENANT agrees that only the vehicles listed on application will be parked on the premises.

15. MAINTENANCE/INSPECTION: TENANT agrees that they have fully inspected the premises and accepts the condition of
the premises in "as is" condition with no warranties or promises express or implied. TENANT shall maintain the premises
in good, clean and tenantable condition throughout the tenancy, keep all plumbing fixtures in good repair, use all
electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner, removing all garbage in a
clean and sanitary manner. In the event TENANT or TENANT'S guests or invitees cause any damage to the premises,
LANDLORD may at its option repair same and TENANT shall pay for the expenses of same on demand or LANDLORD
may require TENANT repair same, all charges incurred as additional rent. TENANT is responsible for repair costs of $50 or
less unless otherwise agreed to by LANDLORD. TENANT may request that routine maintenance services be provided by
LANDLORD and TENANT agrees that this service is charged at market rate both parts and labor.
In the event a major repair to the premises must be made which will necessitate the TENANT'S vacating the premises,
LANDLORD may at its option terminate this agreement and TENANT agrees to vacate the premises holding LANDLORD
harmless for any damages suffered if any. TENANT shall notify LANDLORD immediately of any maintenance need or repair
in writing. TENANT agrees that they shall immediately test the smoke detector and shall maintain same. In the event there is
a garbage disposal unit on the premises, unless otherwise agreed to in writing, LANDLORD has the option to remove the
garbage disposal if it fails andre-plumb accordingly. Although the TENANT is encouraged to replace HVAC filters every 30
days, LANLDORD reserves the right to enter the premises as it is determined to be necessary to conduct HVAC inspection and
routine/preventative maintenance.

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16. VACATING: At the expiration of this agreement or any extension, TENANT shall peaceably surrender the premises and
turn in all keys and any other property owned by LANDLORD leaving the premises in good, clean condition, ordinary wear
and tear excepted. TENANT agrees to have the carpet cleaned, professionally, upon move out, or will incur a minimum carpet
cleaning charge to be deducted from the security deposit in the amount of market rate. In addition to any cleaning charges or
any other charges due under the terms of this lease, TENANT agrees to a mandatory minimum unit cleaning charge to be
deducted from the security deposit in the amount of market rate. If keys to the premises are not returned to the LANDLORD
at the time of move out, there will be a mandatory lock changing charge deducted from the security deposit in the amount of
market rent.

17. RENEWAL: If LANDLORD consents to TENANT remaining in the premises after the natural expiration of this lease, and
no new lease is signed, the tenancy will be extended as a month-to-month tenancy AND there will be an additional rent charge
equal to 10% of the monthly rent amount and TENANT agrees to pay the sum with the regular amounts due. The
month-to-month tenancy may be terminated by either TENANT OR LANDORD by giving written notice not less than 15 days
prior to the end of any monthly payment period. Termination of the tenancy shall occur on the last day of the month. Notice
from TENANT to LANDLORD must be made by certified mail. All other conditions of the lease shall remain in effect. Failure
to give no less than a 30 day notice on a lease with a specified lease term, will result in additional liability of TENANT for the
following full monthly rental period.

18. RIGHT OF ENTRY: LANDLORD, upon reasonable notice by telephone, hand-delivery or posting to TENANT, has the
right of entry to the premises for showing, repairs, appraisals, inspections, or any other reason. LANDLORD has
immediate right of entry in cases of emergency, or to protect or preserve the premises. TENANT shall not alter or add
locks without prior written consent. If consent is given, TENANT must provide LANDLORD with a key to all locks.
LANDLORD may place "For Sale" or "For Rent" signs on the premises at any time.

19. CONDEMNATION, DAMAGE TO PREMISES, ACTS OF GOD and TERMINATION: If for any reason the premises are
condemned by any governmental authority, destroyed, rendered uninhabitable, rendered dangerous to persons or
property, and/or damaged through fire, water, smoke, wind, flood, act of God, nature or accident, or, if it becomes
necessary, in the opinion of LANDLORD or its agent, that TENANT must vacate the premises in order for repairs to the
premises to be undertaken, this lease shall, at LANDLORD'S option and upon 7 days written notice to TENANT, cease
and shall terminate, TENANT agrees to and shall vacate and TENANT, if not in default of the lease, shall owe no further
rent due under the terms of the lease. In such case, TENANT hereby waives all claims against LANDLORD for any
damages suffered by such condemnation, damage, destruction or lease termination. TENANT agrees that in the event
there are hurricane or storm shutters on the premises, TENANT will install same if there is a hurricane or tropical storm
watch or warning in effect and/or at the request of the property manager or owner. If TENANT is unable to perform this
task for any reason, TENANT agrees to notify property manager or owner as soon as any storm watch or warning is
placed into effect.

20. WAIVERS: The rights of the LANDLORD under this lease shall be cumulative, and failure on the part of the LANDLORD
to exercise promptly any rights given hereunder shall not operate to forfeit any other rights allowed by this lease or by law.

21. INDEMNIFICATION: TENANT agrees to reimburse LANDLORD upon demand in the amount of the loss, property
damage, or cost of repairs or service (including plumbing trouble) caused by the negligence or improper use by TENANT,
his agents, family or guests. TENANT at all times, will indemnify and hold harmless LANDLORD from all losses,
damages, liabilities and expenses which can be claimed against LANDLORD for any injuries or damages to the person or
property of any persons, caused by the acts, omissions, neglect or fault of TENANT, his agents, family or guests, or
arising from TENANT'S failure to comply with any applicable laws, statutes, ordinances or regulations.

22. DISPUTES AND LITIGATION: In the event of a dispute concerning the tenancy created by this agreement, TENANT
agrees that if the premises are being managed by an agent for the record owner TENANT agrees to hold agent, its heirs,
employees and assigns harmless and shall look solely to the record owner of the premises in the event of a legal dispute.

24. INTEGRATION: This lease and exhibits and attachments, if any, set forth the entire agreement between LANDLORD and
TENANT concerning the premises, and there are no covenants, promises, agreements, conditions, or understandings,
oral or written between them other than those herein set forth. If any provision in this agreement is illegal, invalid or
unenforceable, that provision shall be void but all other terms and conditions of the agreement shall be in effect.

25. MODIFICATIONS: No subsequent alteration, amendment, change or addition to this lease shall be binding upon
LANDLORD unless reduced to writing and signed by the parties.

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26. RADON GAS: State law requires the following notice to be given: "Radon is a naturally occurring radioactive gas that,
when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county public health unit."

27. ABANDONED PROPERTY: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON
SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH
OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD
SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL
PROPERTY.

ACCEPTANCE BY FACSIMILE BY ANY OF THE PARTIES SHALL CONSTITUTE VALID BINDING ACCEPTANCE OF
THIS LEASE AGREEMENT AND ITS ADDENDUM:

MOLD ADDENDUM (ATTACHED)

PET ADDENDUM (ATTACHED IF APPLICABLE)

Tenant Signatur cu~:"~:Kr


~~~A~3E~BE~OO~C~6A~EC~4~10~-----------------
Printed Name Lisa Ginter
-----------------------------
Date Signed._4_1_1_
81_2_0_
13_ _ _ _ _ _ _ _ _ _ __
loDocuSigned by:

Tenant SignatureL:_
. ..__P-e~;,a;,,..e:;es~a~rFtre!&..~lAra~~'iee-,-.-------------­
Printed Name Paul Ginter
---------------------------------
Date Signed._4_1_1_81_2_0_13_ _ _ _ _ _ _ _ _ _ __

Tenant Signature________________________

Printed Name.______________________________

:J
Date Signed _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

7C3C5F8104D14f2...
. 1J;~!.;- #"'?~
JRF Agent S1gnature'iigr.1ad s'l· Slakai\' H•
Printed Name BlakelY Hughes
. d 4/18/2013
t S 1gne ----------------------------------
Dae

By: RIVERSTONE RESIDENTIAL FL, L.P.


Agent for Owner
11DocuSigned by:

Signature of Agent for Owner.... L_t. .~.e el 9!JBB-t.~:<efaee~eeBsrot:;~,;-,~--------------------


;
. t e d N ame____________________________________
p nn Tania Bradley _

Date Signed_4_1_22_1_2o_1_3_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

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MOLD ADDENDUM TO LEASE


THIS ADDENDUM IS AGREED TO AND SHALL BE MADE PART OF THE LEASE AGREEMENT BETWEEN
THR FLORIDA, L.P. (OWNER OR AGENT) AND Paul and Lisa Ginter (TENANTS)
FOR THE PREMISES LOCATED AT 2512 West capari na Dr St Augustine, FL 32092

MOLD: Mold consists of naturally occurring microscopic organisms which reproduce by spores. Mold breaks
down and feeds on organic matter in the environment. The mold spores spread through the air and the
combination of excessive moisture and organic matter allows for mold growth. Not all, but certain types and
amounts of mold can lead to adverse health effects and/or allergic reactions. Not all mold is readily visible, but
when it is, can often be seen in the form of discoloration, ranging from white to orange and from green to brown
and black, and often there is a musty odor present. Reducing moisture and proper housekeeping significantly
reduces the chance of mold and mold growth.

CLIMATE CONTROL: Tenant(s) agree to use all air-conditioning, if provided, in a reasonable manner and use
heating systems in moderation and to keep the premises properly ventilated by periodically opening windows to
allow circulation of fresh air during dry weather only. OWNER OR AGENT RECOMMENDS THAT AIR
CONDITIONING IS USED AT ALL TIMES IF UNIT HAS AIR CONDITIONING.

TENANT(S) AGREE TO:

KEEP THE PREMISES CLEAN AND LEAVE BATH AND SHOWER DOORS
REGULARLY DUST, VACUUM AND MOP OPEN AFTER USE

USE HOOD VENTS WHEN COOKING, WIPE DOWN WINDOWS AND SILLS IF
CLEANING AND DISHWASHING MOISTURE PRESENT

KEEP CLOSET DOORS AJAR USE DRYER IF PRESENT FOR WET TOWELS

AVOID EXCESSIVE INDOOR PLANTS USE HOUSEHOLD CLEANERS ON ANY HARD


SURFACES
USE EXHAUST FANS WHEN
BATHING/SHOWERING AND LEAVE REMOVE ANY MOLDY OR ROTTING FOOD
ON FOR A SUFFICIENT AMOUNT OF
TIME TO REMOVE MOISTURE REMOVE GARBAGE REGULARLY

USE CEILING FANS IF PRESENT WIPE DOWN ANY AND ALL VISIBLE MOISTURE

WATER ALL INDOOR PLANTS OUTDOORS INSPECT FOR LEAKS UNDER SINKS

WIPE DOWN ANY MOSITURE AND/OR CHECK ALL WASHER HOSES IF APPLICABLE
SPILLAGE

WIPE DOWN BATHROOM WALLS AND WIPE DOWN ANY VANITIES/SINK TOPS
FIXTURES AFTER BATHING/SHOWERING

AVOID AIR DRYING DISHES NOT DRY CLOTHES BY HANG DRYING INDOORS

REGULARLY EMPTY DEHUMIDIFIER IF USED OPEN BLINDS/CURTAINS TO ALLOW LIGHT INTO PREMISES

WIPE DOWN FLOORS IF ANY WATER SPILLAGE SECURELY CLOSE SHOWER DOORS IF PRESENT

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TENANT(S) AGREE TO REPORT IN WRITING:

VISIBLE OR SUSPECTED MOLD ALL NC OR HEATING PROBLEMS OR


ABNORMALITIES
LEAKS, MOISTURE ACCUMULATIONS, MAJOR PLANT WATERING OVERFLOWS
SPILLAGE
SHOWER/BATH/SINK/TOILET OVERFLOWS LEAKY FAUCETS, PLUMBING, PET URINE
ACCIDENTS
ANY AND ALL MOISTURE AND MUSTY
ODORS DISCOLORATION OF WALLS, BASEBOARDS,
DOORS, WINDOW FRAMES, CEILINGS

MOLDY CLOTHING, REFRIGERATOR AND NC MOITURE DRIPPING FROM OR AROUND ANY


DRIP PAN OVERFLOWS VENT, A/C CONDENSER LINES

LOOSE, MISSING OR FAILING GROUT OR


CAULK AROUND TUBS, SHOWERS, SINKS,
FAUCETS,COUNTERTOPS,CLOTHESDRYER
VENT LEAKS
SMALL AREAS OF MOLD: If mold has occurred on a small non-porous surface such as ceramic tile, formica,
vinyl flooring, metal, or plastic and the mold is not due to an ongoing leak or moisture problem, Tenant(s) agree
to clean the areas with soap (or detergent) and a small amount of water, let the surface dry, and then, within 24
hours apply a non staining cleaner such as Lysol Disinfectant, Pine-Sol Disinfectant (original pine-scented), Tilex
Mildew Remover, or Clorox Cleanup.

TERMINATION OF TENANCY: Owner or agent reserves the right to terminate the tenancy and TENANT(s) agree to
vacate the premises in the event owner or agent in its sole judgment feels that either there is mold or mildew
present in the dwelling unit which may pose a safety or health hazard to TENANT(s) or other persons and/or
TENANT(s) actions or inactions are causing a condition which is conducive to mold growth.

INSPECTIONS: TENANT(S) agree that Owner or agent may conduct inspections of the unit at any time with
reasonable notice.

VIOLATION OF ADDENDUM: IF TENANT(S) FAIL TO COMPLY WITH THIS ADDENDUM, Tenant(s) will be held
responsible for property damage to the dwelling and any health problems that may result. Noncompliance
includes but is not limited to Tenant(s) failure to notify Owner or Agent of any mold, mildew or moisture
problems immediately IN WRITING. Violation shall be deemed a material violation under the terms of the Lease,
and owner or agent shall be entitled to exercise all rights and remedies it possesses against TENANT(S) at law or
in equity and TENANT(S) shall be liable to Owner for damages sustained to the Leased Premises. TENANT(S)
shall hold Owner and Agent harmless for damage or injury to person or property as a result of TENANT(S) failure
to comply with the terms of this Addendum.

HOLD HARMLESS: If the premises is or was managed by an Agent of the Owner, TENANT(S) shall hold agent
harmless and shall look solely to the property Owner in the event of any litigation or claims concerning injury,
damage or harm suffered due to mold.

PARTIES: THIS ADDENDUM IS BETWEEN THE TENANT(S) AND OWNER AND/OR AGENT MANAGING THE
PREMISES. THIS ADDENDUM IS IN ADDITION TO AND MADE PART OF THE LEASE AGREEMENT AND IN THE
EVENT THERE IS ANY CONFLICT BETWEEN THE LEASE AND THIS ADDENDUM, THE PROVISIONS OF THIS
ADDENDUM SHALL GOVERN.
7
DocuSign Envelope ID: 5A2E5853-D329-44A8-923F-5C34EFD4A600

PET ADDENDUM

Consent is hereby granted to Tenant(s) to keep the described pet(s) on the leased premises,
provided the below checked conditions are abided by:

Additional monthly fee of$ is added to the monthly rent as additional rent.
D
0 A non refundable fee of $300.00 per pet, for up to two (2) pets, is paid by Tenant(s).

D Additional security deposit of$ is paid by Tenant(s). This sum may be


used by Landlord to pay for any pet damage or for any other amounts due and owing under
the terms of the lease agreement whether pet related or not upon Tenant(s) vacating the premises

ONLY PET(S) SPECIFICALLY ON THIS AGREEMENT ARE ALLOWED AND SUCH PET
MUST BE PRE APPROVED PRIOR TO BRINGING PET ON THE PREMISES AND APPROVAL MAY
BE BASED ON LANDLORD PET INTERVIEW.

Pet(s) must be kept on a leash at all times while it is outside of apartment. PETS ARE NOT
ALLOWED TO RUN LOOSE AT ANY TIME. Tenant(s) agree to fully indemnify the owner or agent for
any damages arising out of injury to another by the pet(s). Pet(s) must not be tied or kept outside
apartment door, in the hallways or on the balcony or lanais.

In the event any pet(s) have offspring, Tenant(s) will be in breach of this agreement.

Ten an t(s) may be assigned designated area to walk pet. Tenant(s) are responsible for
cleaning up after pet(s).

Tenan t(s) will be responsible for FULL replacement cost of carpet, walls, blinds, flooring or
other items damaged in any way by pet(s). Tenant(s) also will be responsible for any exterminating
that may be required because of pet(s).

Tenant(s) agree that approval or denial of all pets(s) is at the sole discretion of owner or agent.
Owner or agent reserves the right to withdraw consent by giving the Tenant(s) 7 days written
notice to remove pet(s) from the premises for any reason including but not limited to noise,
barking, disturbances, damage, threatening behavior towards other tenants(s) or employees
of owner or agent. In the event the pet(s) are not removed after notice, Tenant(s) will be
subject to eviction.

DESCRIPTION OF PET(S):

Type shitzu Breed shi tzu Color black/white Name Tuffy


------
Type _ _ _ _ _ Breed _ _ _ _ _ _ _ Color Name _ _ _ _ __

r;DS rp~
lnitials._,L~{);~_,L__ 8
EXHIBITB
l:>ave Naples

To: LG
Subject: RE: Carpet

----- Forwarded Message -----


From: Robert Emery <remery@invitationhomes.com>
To: L G <ginterhhi@yahoo.com>
Cc: "tammy@wilsoncarpetservice.com" <tammy@wilsoncarpetservice.com>; "rob.hovis@DUCTZ.com"
<rob. hovis@DUCTZ.com>
Sent: Wednesday, May 22, 2013 10:34 AM
Subject: RE: Carpet

Lisa,

Sorry for the delay in getting back to you. I forwarded it for approval and haven't heard back so I will
forward this on to Rob Hovis with Ductz to schedule the duct cleaning. I am also copying Tammy with
Wilson carpet to see if she has any suggestions. She did not provide it but is familiar with that carpet
line so she may have some insight.

As far as the smell or water damage, I would have no idea. We buy homes from a variety of sources
and do not always know the history.

Rob,

Usa's number is (904) 827-0667.

From: L G [mailto:ginterhhi@yahoo.com]
Sent: Monday, May 20, 2013 1:18 PM
To: Robert Emery
Subject: Carpet

Hi Robert,
I had written previously if our struggle with the carpet and VOCs.
My one daughter has been having nose bleeds which she never had before.
We would like the air ducts cleaned to remove all the carpet fibers and dust as result if the rehab and carpet
installation.
We r also having issues with mildew/mold smell in our master bathroom and bedroom. Do you know there was
water damage with this house?
Thank you.
Sent from Yahoo! Mail on Android

1
EXHIBITC
HMC #13018741

HAYES
MICROBIAL CONSULTING
3005 East Boundary Terrace, #F
Midlothian, VA 23112, USA
804.562.3435 Fax: 804.447.5562

Email: IAQ@hayesmicrobial.com
www.hayesmicrobial.com/lims/

Analysis Report prepared for

On The Level Home Inspection of Florida


6546 Mercel Lane
Jacksonville, FL 32205
Ph.: 904-6292779 Fax.: 904-647-8705

Job Number: 2512 Capateiner Dr.


Job Name: The Ginters
Date Sampled: 12-12-2013
Date Analyzed: 12-31-2013
Report Date: 12-31-2013

AIHA EMPAT Laboratory ID# 188863

American Society for


Clinical Pathology
LABH188363
Certified Clinical Microbiologist
AIHA Accredited Environmental
Microbiology

Page 1 of 6
HAYES
MICROBIAL CONSULTING
3005 East Boundary Terrace, #F
Midlothian, VA 23112, USA
804.562.3435 Fax: 804.447.5562 HMC #13018741

On The Level Home Inspection of Florida


6546 Mercel Lane
Jacksonville, FL 32205

December 31, 2013

Client Job Number: 2512 Capateiner Dr.


Client Job Name: The Ginters

Dear On The Level Home Inspection of Florida,

We would like to thank you for trusting Hayes Microbial for your analytical needs. On December 31, 2013 we received 4 samples by Fed Ex for the job
referenced above.

The results in this analysis pertain only to this job, collected on the stated date and should not be used in the interpretation of any other job. This report
may not be duplicated, except in full, without the written consent of Hayes Microbial Consulting, LLC.

This laboratory bears no responsibility for sample collection activities, analytical method limitations, or your use of the test results. Interpretation and
use of test results are your responsibility. Any reference to health effects or interpretation of mold levels is strictly the opinion of Hayes Microbial
Consulting. In no event, shall Hayes Microbial Consulting or any of its employees be liable for lost profits or any speciaL incidental or consequential
damages arising out of your use of the test results.

1?~
Steve Hayes, BSMT(ASCP)
Laboratory Director
Hayes Microbial Consulting, LLC

Page 2 of 6
HAYES On The Level Home Inspection of Florida Spore Trap Analysis
SOP #HMC101
MICROBIAL CONSULTING 6546 Mercel Lane
3005 East Boundary Terrace, #F Jacksonville, FL 32205
Midlothian, VA 23112, USA
804.562.3435 Fax: 804.447.5562 Ph.: 904-6292779 Fax.: 904-647-8705 HMC #13018741
Job Number: 2512 Capateiner Dr. Job Name: The Ginters Date Collected: 12112/2013
Collected by: Robert Bracewell Date Received: 12/31/2013
Email: bracewellrd3053@comcast.net Date Reported: 12/31/2013
HMC ID Number 13018741- 1 13018741-2 13018741-3 13018741-4
Sample ID# 1852052 1852064 1852050 1852051
Sample Name Hall Near M/ Bedroom Hall Near Laundry Room L I Room Near Hall Outside Front Door
Sample Volume 25 liters 25 liters 25 liters 25 liters
Limit of Detection 40 spores/M3 40 spores/M3 40 spores/M3 40 sporesiM3
Background 2 2 2 1
Fragments ND NO ND ND

Raw %of Raw %of Raw %of Raw %of


Organism Count I M3 Count I M3 Count I M3 Count I M3
Count Total Count Total Count Total Count Total
Alternaria
Ascospores 4 160 26.7% 8 320 9.8% 3 120 16.7% 192 7680 89.7%
Aspergillus! Penicillium
Basidiospores
3 120 20.0% 66 l··i'S'"~;c,,~IHQ; II 15 l>c.'i~.6{)Q£••
22 880 10.3%
Bipolarisl Drechslera 1 40 6.7% 1 40 1.2%
ChaetomhJI11
Cladosporium 4 160 26.7% 3 120 3.7%
Curvularia 2 80 13.3% 2 80 2.4%
Epicoccum
Fusarium
Merri.r:\Qrii~lla
Myxomycetes 1 40 1.2%
Pithomyces 1 40 1.2%
Spegazzinia 1 40 6.7%
St&¢hypotr;ys
Stemphylium
Torula
Ulocladlom
Total 15 600 82 3280 18 720 214 8560

•••• SEE SPORE ANALYSIS NOTES ON ADDITIONAL INFORMATION PAGE ••••


I •· WatE!r'fi>amagj;l!Qdlcator II Common Allergen I'I----,S::-:cllg,-h,_tl,-y-,-H::-Igh-er-t,-ha-n-:Outs=---:-ld.,...e...,A"""ir-'l ~~~~it!~~~~~~§
7

Signature: ~_AU Date: 12/31/2013 Reviewed by:


~~~~ Date: 12/31/2013
Page 3 of 6
HA ES
MICROBIAL CONSULTING
On The Level Home Inspection of Florida
6546 Mercel Lane
Spore Trap Information

3005 East Boundary Terrace, #F Jacksonville, FL 32205


Midlothian, VA 23112, USA
804.562.3435 Fax: 804.447.5562 Ph.: 904-6292779 Fax.: 904-647-8705 HMC #13018741
Limit of Detection The Limit of Detection is the lowest number of spores that can be detected based on the total volume of the sample collected and the percentage of the
slide that is counted. At Hayes Microbial, 100% of the slide is read so the LOD is based solely on the total volume. Raw spore counts that exceed 500
spores will be estimated.

IBlanks Results have not been corrected for field or laboratory blanks. J
Background The Background is the amount of debris that is present in the sample. This debris consists of skin cells, dirt, dust, pollen, drywall dust and other organic
and non-organic matter. As the background density increases, the likelihood of spores, especially small spores such as those of Aspergillus and
Penicillium may be obscured. The background is rated on a scale of 1 to 4 and each level is determined as follows:
ND : No background detected. (Pump or cassette malfunction.) Recollect sample.
1 : <5% of field occluded. No spores will be uncountable.
2 : 5-25% of field occluded.
3 : 25-7 5% of field occluded.
4 : 75-90% of field occluded.
5 : >90% of field occluded. Suggest recollection of sample.

Fragments Fragments are small pieces of fungal mycelium or spores. They are not identifiable as to type and when present in very large numbers, may indicate
the presence of mold amplification.

Indoor/Outdoor There are no national standards for the numbers of fungal spores that may be present in the indoor environment. As a general rule and guideline that is
Comparisons widely accepted in the indoor air quality field, the numbers and types of spores that are present in the indoor environment should not exceed those that
are present outdoors at any given time. There will always be some mold spores present in "normal" indoor environments. The purpose of sampling and
counting spores is to help determine whether an abnormal condition exists within the indoor environment and if it does, to help pinpoint the area of
contamination. Spore counts should not be used as the sole determining factor of mold contamination. There are many factors that can cause
anomalies in the comparison of indoor and outdoor samples due to the dynamic nature of both of those environments.

Weter b<Jmage Indicators !These molds are commonly seen in conditions of prolonged water intrusion and usually indicate a problem.
Common Allergens IAlthough all molds are potential allergens, these are the most common allergens that may be found indoors.
Sli~htly Higher than Outside.Air IThe spore count is slightly higher than the outside count and may or may not indicate a source of contamination.
The spore count is significantly higher than the outdoor count and probably indicates a source of contamination.
The types of spores found indoors should be similar to the ones that were identified in the outdoor sample. Significant increases (more than
25%) in the ratio of a particular spore type may indicate the presence of abnormal levels of mold, even if the total number of spores of that
type is lower in the indoor environment than it was outdoors.

Fungi that are present in indoor samples at levels lower than 200 per cubic meter are considered insignificant. Insignificant spore counts are not color
coded on the report.

Spore Analysis Notes Sample# 1,2- Moderate Fiberglass present


Sample# 3 - Light Fiberglass present

Page 4 of 6
HA ES
MICROBIAL CONSULTING
On The Level Home Inspection of Florida
6546 Mercel Lane
Organism Descriptions

3005 East Boundary Terrace, #F Jacksonville, FL 32205


Midlothian, VA 23112, USA
804.562.3435 Fax: 804.447.5562 Ph.: 904-6292779 Fax.: 904-647-8705 HMC #13018741

Ascospores
Habitat: A large group consisting of more than 3000 species of fungi. Common plant pathogens and outdoor numbers become very high following
rain. Most of the genera are indistinguishable by spore trap analysis and are combined on the report.
Health Effects: Health affects are poorly studied, but many are likely to be allergenic.

Aspergillus! Penicillium
Habitat: The most common fungi isolated from the environment. Very common in soil and on decaying plant material. Are able to grow well indoors
on a wide variety of substrates.
Health Effects: This group contains common allergens and many can cause hypersensitivity pneumonitis. They may cause extrinsic asthma, and many are
opportunistic pathogens. Many species produce mycotoxins which may be associated with disease in humans and other animals. Toxin
production is dependent on the species and on the food source for the fungus. Some of these toxins have been found to be
carcinogenic.

Basidiospores
Habitat: A common group of Fungi that includes the mushrooms and bracket fungi. They are saprophytes and plant pathogens. In wet conditions they
can cause structural damage to buildings.
Health Effects: Common allergens and are also associated with hypersensitivity pneumonitis.

BipolarisiDrechslera
Habitat: They are found in soil and as plant pathogens. Can grow indoors on a variety of substrates.
Health Effects: They may be allergenic and are very commonly involved in allergic fungal sinusitis. They are opportunistic pathogens but occasionally infect
healthy individuals, causing keratitis, sinusitis and osteomyelitis.

Cladosporium
Habitat: One of the most common genera worldwide. Found in soil and plant debris and on the leaf surfaces of living plants. The outdoor numbers
are lower in the winter and often relatively high in the summer, especially in high humidity. The outdoor numbers often spike in the late
afternoon and evening. Indoors, it can be found growing on textiles, wood, sheetrock, moist window sills and in HVAC supply ducts.
Health Effects: A common allergen, producing more than 10 allergenic antigens and a common cause of hypersensitivity pneumonitis.

Curvularia
Habitat: They exist in soil and plant debris, and are plant pathogens.
Health Effects: They are allergenic and a common cause of allergic fungal sinusitis. An occasional cause of human infection, including keratitis, sinusitis,
onychomycosis, mycetoma, pneumonia, endocarditis and desseminated infection, primarily in the immunocompromised.

Page 5 of 6
HA
MICROBIAL CONSULTING
ES On The Level Home Inspection of Florida
6546 Mercel Lane
Organism Descriptions

3005 East Boundary Terrace, #F Jacksonville, FL 32205


Midlothian, VA 23112, USA
804.562.3435 Fax: 804.447.5562 Ph.: 904-6292779 Fax.: 904-647-8705 HMC #13018741
Myxomycetes
Habitat: Found on decaying plant material and as a plant pathogen.
Health Effects: Some allergenic properties reported, but generally pose no health concerns to humans.

Pithomyces
Habitat: Common fungus isolated from soil, decaying plant material. Rarely found indoors.
Health Effects: Allergenic properties are poorly studied. No cases of infection in humans.

Spegazzinia
Habitat: Found in soil and occasionally on plants.
Health Effects: No known health effects. Allergenic properties are poorly studied.

Page 6 of 6
EXHIBITD
:d•

I NVITATid. ~
8001 Belfort Pkwy. Ste. 100
Jacksonville, Florida 32256
Ph: 904-423-4850
H ES
THR Florida, L.P.
IH2 Property Florida, L.P.
IH3 Property Florida, L.P.

January 2, 2014

Mr. Paul Ginter


Collis Roofing, Inc.
5750 US Highway6 1 North
St. Augustine, Florida 3095

Re: 2512 West Caparina Drive, St. Augustine, Florida

Dear Mr. Ginter:

I am very sorry to hear that your daughter has been experiencing asthma concerns. I have had several
conversations with our residential services team since your wife's first email on December 20, 2013, in an
attempt to form the best plan of action.

We have contacted SkyeTec, a licensed indoor environmental consulting and remediation company, to
consult on the repair of the roofleak and wood damage in the garage and conduct a thorough re-cleaning
of the ducts. This will take approximately 3 days to complete and we would be happy to provide you
offsite housing while the work is being completed.

Further, SkyeTec will review the report provided by Robert Bracewell in an effort to determine the origin
of the various spores, which spore and spore counts present a potential health effect and possible
remediation, if necessary.

New carpet was installed, the air conditioning unit has been cleaned and new filters were in place at the
time you took possession. Without a specific diagnosis of the cause of your daughter asthma and/or
allergy problems, it is difficult for us to proceed any further in efforts to remedy a cause.

If you believe the work provided by SkyeTec will not fully resolve the issues you feel are affecting your
daughters health, we are willing to terminate the lease and refund your deposit in full. We will also
reimburse you $1,000.00 for costs incurred, including the home inspection report you ordered, in either a
rental credit or direct payment.

Please contact me at your earliest convenience to discuss your intentions regarding the home.

Sincerely,

Bill Mazar
Regional President
EXHIBITE
(

~
MOWREY • SHOEMAKER· BEARDSLEY
ATTORNEYS AT LAW

January 30, 2014

Monica A. Lenoci
Regional Counsel - Invitation Homes
8001 Belfort Parkway, Suite 160
Jacksonville, FL 32256

Dear Ms. Lenoci:

I am writing to inform you that I have been retained by Mr. and Mrs. Ginter regarding the
property located at 2512 W. Caparina Dr., St. Augustine, FL. Presently, there are many issues
that need to be discussed, such as: January's rent payment; Security deposit; Cleaning costs for
the Ginter's personal property; As well as medical costs. However, at this time my sole intention
is to inform you of my client's intentions regarding the rental property.

Mr. and Mrs. Ginter were given the opportunity to break their lease without any penalties
due to the mold infestation at the property and the inconvenience this has caused their family.
Mr. and Mrs. Ginter would like to inform you that they will not be moving back into the property
located at 2512 W. Caparina Dr. In addition, the Ginters would like to inform you they they have
scheduled for the utilities to be turned off January 31, 2014. Please advise as to how you would
like to proceed in these decisions and whether you need anything further from me in this regard.

Having been retained by Mr. and Mrs. Ginter I would request that all future correspon-
dence pass through my office. I'm hoping we can come to a quick resolution regarding the many
issues remaining. Should you have any questions please do not hesitate to contact me.

Sincerely,

~ /{_
I ,? /.
TerrY J. Shoemaker

2825 LEWIS SPEEDWAY. SUITE 107 · ST. AUGUSTINE. FL 32084


PHONE: (904) 824-5711 · FAX: (904) 824-5709
EXHIBITF
~~ \\l--l, 1::::.}.\J€: ,Jj\f'Lf.S
&l. l, G S l.-'31St..
4

RIVERSTONE
R!!SlDiiNTIAl Oi!OUP
fllaOOOO • Invitation Homes • Jacksonville
P.O. !ox 2706
Lynn~d. VVA.98036
(425) 329-0793/ (866) 975-6361
Unit: Flja0259

03/17/2014

Account Number: 141099


Paul Ginter
2512 W Ceperina Dr
Saint Augustine FL 32092-4778

l,,u,,,l, III,,,I,J,,,,I,I.I,,II,,,IIu,llni,,,,IJ,,I,I,I,1,1
Dear Paul Ginter:

We enjoyed having you as a resident and hope you enjoyed your stay at our community.
This Is a notice of our intention to Impose a claim for damages In the amount of
$2,477.00 upon your security deposit, due to you having vacated the above mentioned
community. It is sent to you as required by s.83.49(3), ~lorida Statutes. You are hereby
notified that you must object in wnting to this deduction from rour security deposit
within 15 days from the time you receive this notice or we wil be authorized to deduct
our claim from your security deposit. Your objection must be sent to the address listed below.
You can pay your balance over the phone or online with Visa, MasterCard, Discover or American Express
(Credit or Debit} at, www.paymyapartment.com, or you can remit your payment by check or money order
to:
Rlverstone Residential Group
PO Box 2706
Lynnwood, WA 98036

In order to ensure your account Is properly credited, we recommend that you inClude a
copy of this letter with your payment, or note the name of the apartment complex and
your former apartment number on your check or money order. If this balance is not paid or contact with our
office is not received within fifteen (15) days from the date of this letter, further efforts may be initiated.
Plsase note. that if payment In full Is not made within 30 days, this matter will be reported. Also. interest will
accrue on all unpaid balances.
Should you have any questions regarding this matter, please phone us at (425) 329..0793
or toll-free at (866) 975-5361.
Your immediate attention in this matter Is appreciated. We look forward to speaking with
you in order to resolve this Issue.

Sincerely,

Riverstone Residential Group


ardept@riverstoneres.com
Enclosure

Riverstone Residential Group P.o. Box 2705 Lynnwood, VVA 98036


(425) 329·0793 I (866) 975·5361

L990 L2:8 tr06


Move Out Statament
Data: 3/1112014

Coda [ 10014694 Property I m~o259 Laue From ~/0112013 I


Name I Paul Ginter
r 2G12 Wt~St C!f!rina Or
Unit IFWA0269 Lease To 10413012014 : I
Addreea Statue [Pnt Mweln .[ 0510112013 I
Rent 1u5o.oo Move eM 10212a12o14 :I
City lstA~Uitlnl!l, FL32092 I Notloe 10212812014 I
Tet.phone Ii2fi!8)
a21-00e7 (i'i):b.

Dtlt. DQctlptlon Charge P~timent Balance Cha/Rte


e~ •• of 0210112014 {3JO.UUJ·
0210112014 HouM Rtntallooome (0212014) 1,860.00 1,476.00 800867
0~014 L.au, Fee 60.00 1,625.00 845670
0212812014 :SeQUrlty O.pollt cr.dtt (1,160.00) (326.00) 9492015
0212812014 ~·~•~aiCharge• 217.00 (100.00) 949207
0212812014 Damage Ch!U'g6a (painting) 600.00 392.00 940200
0212812014 Damagt Charge• (mteo blind&, curtain holel, eto. 2a&.OO 627.00 940209
03101/2014 Houae Rental Income (0312014) 1,860.00 2,477.00 890470

2 of 2

L990 LlB V06


EXHIBITG
Aprill, 2014
Via Certified Mail, Return Receipt Requested, and Electronic Mail
Riverstone Residential Group
P.O. Box 2706
Lynnwood, Washington 98036
ardept@riverstoneres.com
Via Certified Mail, Return Receipt Requested
THR Florida, LP.
6601 Arlington Expressway, Suite B 152
Jacksonville, Florida 32211
Re: 2512 West Caparina Drive, St. Augustine, Florida 320921 Your Account No. 141099
To Whom It May Concern:
Please be advised that this law office represents the former tenants of the above-mentioned
property, Paul and Lisa Ginter ("Ginters"). Please direct any and all future correspondence and
communication to this law office. Our address can be found in the above letterhead.
I am in receipt of your letter, dated March 17, 2014, regarding your notice of intent to impose a
claim of damages in the amount of $2,477.00 upon the Ginters' security deposit. Pursuant to
Florida Statutes § 83.49(3)(a), please consider this the Ginters' notice of objection to your claim
against their security deposit.
Specifically, Florida Statutes § 83.49(3)(a) provides that a landlord seeking to impose a claim
against a security deposit "shall have 30 days to give the tenant written notice ... of his or her
intention to impose a claim on the deposit ..."(emphasis added). Furthermore,§ 83.49(3)(a) also
states that "[i]f a 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 ... " (emphasis added).
As you should be aware, the Ginters were given the option to terminate their lease without any
penalty or withholding of their security deposit by way of a letter, dated January 2, 2014. This
letter was signed by Mr. Bill Mazar, Regional President ofinvitation Homes. On January 30,2014,
the Ginters, through former-counsel Mr. Terry Shoemaker, Esq., officially took Mr. Mazar's offer
and terminated their lease for the above-mentioned property, sending notice to Invitation Homes'
in-house counsel via mail and e-mail.
It is the Ginters' position that the lease was validly and legally terminated on January 30, 2014.
Thus, your notice of intent to impose a claim against the Ginters' security deposit was to be dated
no later than March .1, 2014. As your letter was dated after March 1, you waived your right to
impose a claim against the Ginters' security deposit.
to Group & THR Florida, L.P.
April I, 2014

that was to your 17 letter states that are


charging the Ginters not only for February, 2014's rent, but also March, 201 rent. As stated
the lease was properly terminated without penaltv on January 30, 201 per Invitation
Homes' Regional President. Thus, the Ginters did not owe rent for the months ofF ebruary and
March, 2014. As the Ginters did not owe rent, there cannot have been a valid "late charge" for
$50.00. Lastly, as the above-quoted portion of the statute states, due to your failure to give the
required notice, you may not seek a setoff against the deposit for the remaining amounts (debris
removal, damage for painting and miscellaneous).
As a parallel matter, the Ginters were forced to move out of the property in late December, 2013,
due to the unlivable conditions that existed in this house. Pursuant to Florida Statutes § 83.51 (1 ),
landlords in the State of Florida have a duty to maintain the premises by complying with applicable
building, housing, and health codes or, if such codes do not exist, a landlord has a duty to maintain
the roofs, windows, and all other structure components in good repair. If the landlord fails to
comply, rendering the house uninhabitable, then, pursuant to Florida Statutes § 83.56(l)(a), the
"tenant shall not be liable for rent during the period the dwelling remains uninhabitable"
(emphasis added). The letter from Mr. Mazar is a clear indication that there was an issue with the
house that required the Ginters to find temporary shelter immediately. The Ginters paid rent in the
amount of$1 ,850.00 for the month of January, 2014, even though they were constructively evicted
from the house in late-December, 2013. Accordingly, the Ginters are entitled to recoup January,
2014's rent in the amount of$1,850.00.
On behalf of the Ginters, we demand that you remit the Ginters' full security deposit of $1,850.00
in addition to January, 2014's rent in the amount of $1,850.00, immediately. Please make the
check, in the amount of $3,700.00, payable in certified funds to "Pycraft Legal Services Trust
Account" within seven (7) days from the date of this letter. Ifwe do not receive said funds by the
close of business Tuesday, April 8, 2014, we will be forced to seek appropriate legal measures on
behalf of the Ginters.
Should you wish to discuss this matter further, please do not hesitate to contact me at 904.940.0060
or dave@pycraftlaw.com. Thank you for your prompt attention to this matter.

(Enclosure)

Cc: Paul and Lisa Ginter

Page 2 of2