ELEVATE 13TH ST HOLDINGS LLC VS ABC RESTAURANT SUPPLIES & EQUIPMENT LLC

have been waived or excused.

6. This is an action for eviction of a commercial tenant from real property located in Miami-Dade County, Florida, pursuant to Chapter 83 and Section 51.011, Florida Statutes.

7. At all times material hereto, Landlord was the owner of real property located at (the "Premises").

8. On or about January 25, 2022 , Landlord and Tenant entered into a written Commercial Lease Agreement for the Premises, for a two-year term expiring January 2024 . A true and correct copy of the Commercial Lease Agreement is attached hereto as Exhibit A.

9. Following expiration of the lease term, Tenant continued in possession of the Premises on a month-to-month tenancy basis.

10. On April 14, 2025 , Landlord provided Tenant a 30-Day Written Notice to Vacate, terminating the month-to-month tenancy effective May 13, 2025 , pursuant to Section 83.03, Florida Statutes. A true and correct copy of the 30-Day Notice is attached hereto as Exhibit B.

11. Tenant failed to vacate the Premises by May 13, 2025 . As a result, on June 13, 2025 , Landlord sent Tenant a Final Notice to Vacate, directing Tenant to vacate the Premises by June 30, 2025 . A true and correct copy of the Final Notice is attached hereto as Exhibit C.

12. Despite written notices and the expiration of all applicable deadlines to vacate, Tenant remains in possession of the Premises without Landlord's consent or legal right.

13. Tenant has refused to vacate the Premises, has asserted that it will not leave voluntarily, and has threatened to file for bankruptcy if eviction proceedings commence.

14. Landlord has elected to terminate all rights of tenancy and seeks immediate possession of the Premises.

15. Landlord has complied with all conditions precedent to bringing this action, or such conditions have been waived or excused.

16. Pursuant to the terms of the Commercial Lease Agreement and Florida law, Landlord is entitled to recover possession of the Premises and attorneys' fees and court costs.

17. Section 23 of the Commercial Lease Agreement provides for attorneys' fees to the prevailing party for the enforcement of the Lease. See generally, Exhibit A at § 23.

18. The Commercial Lease Agreement further provides under Section 21, Landlord may re-enter and recover possession of the Premises if Tenant refuses to vacate following proper notice of termination as well as recovery of damages associated with the breach, including continued rent during holdover. See generally, Exhibit A at § 21.

WHEREFORE, Plaintiff respectfully requests that this Court issue a judgment granting immediate possession of the Premises to Plaintiff, awarding Plaintiff attorneys' fees and court costs, and granting such other relief this Court deems just and proper.

Respectfully submitted, PARDO LAW PLLC Counsel for Plaintiff

Date: July 15, 2025 .

By: /s/Joseph I. Pardo Joseph I. Pardo, Esq. Florida Bar No. Melissa L. Mackiewicz, Esq. Florida Bar No. Savannah L. Duffy, Esq. Florida Bar No.

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