HomeMy WebLinkAboutR-23-0431City of Miami
Resolution R-23-0431
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14491 Final Action Date: 9/28/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ATTORNEY TO PROCEED WITH LEGAL ACTION, IF NECESSARY, AGAINST
RESIDENTIAL TENANTS OF THE PROPERTY LOCATED AT 754
NORTHWEST 70 STREET, MIAMI, FLORIDA, TO OBTAIN POSSESSION OF
THE PROPERTY, AND SEEK ANY OTHER LEGAL REMEDIES IN
COMPLIANCE WITH THE LEASE AGREEMENTS.
WHEREAS, the City of Miami ("City") owns the property located at 754 Northwest 70
Street, Miami, Florida ("Property"), which includes residential rental units ("Apartments"); and
WHEREAS, Liberty City 70th Street LLC, the predecessor landlord and owner of the
property, entered into lease agreements ("Leases"), with Eloise Montgomery regarding
Apartment 3, and Mozello Horns a/k/a Franices Lee Horns, regarding Apartment 1 (collectively,
"Tenants"); and
WHEREAS, on August 18, 2022, the City delivered notices to the Tenants demanding
payment of outstanding rent or possession of the premises on or before August 25, 2022; and
WHEREAS, Eloise Montgomery has still failed to pay the full amount of rent due or
vacate the Apartment; and
WHEREAS, Mozello Horns a/k/a Franices Lee Horns also owes outstanding rent and
has failed to fully vacate the Apartment; and
WHEREAS, Tenants also owe the City past due rent and late fees; and
WHEREAS, the City now wishes to proceed with legal action, if necessary, against the
Tenants to obtain possession of the Property, and/or enforce compliance with Tenant's
obligations as a month -to -month tenant and/or pursuant to the Lease; and
WHEREAS, the legal proceedings contemplated by the City do not include pursuing the
return of any monies owed;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 2 File ID: 14491 (Revision: A) Printed On: 10/5/2023
File ID: 14491 Enactment Number: R-23-0431
Section 2. The City Attorney is authorized1 to proceed with legal action, if necessary,
against Eloise Montgomery of Apartment 3, and Mozello Horns a/k/a Franices Lee Horns of
Apartment 1, and to obtain possession of the Property and to seek any other legal remedies in
compliance with the Lease and/or each Tenant's respective obligations as a month -to -month
tenant.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndeU ez, City
Attor
10/3/2023
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 14491 (Revision: A) Printed on: 10/5/2023