HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney3A_
DATE: September 28, 2023
RE: City Commission Meeting — September 28, 2023
Resolution 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.
File No.: 14491
The attached proposed Resolution authorizes the City Attorney to proceed with
legal action, if necessary, against residential tenants Eloise Montgomery and Mozello
Horns a/k/a Franices Lee Horns 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 and/or their respective legal obligations.
Attachment(s)
cc: Arthur Noriega, V, City Manager
Miriam Santana, Agenda Coordinator
VM/MCS/vja
City of Miami
Legislation
Resolution
Enactment Number: R-23-0431
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.
Section 2. The City Attorney is authorized' to proceed with legal action, if necessary,
against Eloise Montgomery of Apartment 3, and Mozello Horns a/k/a Franices Lee Horns of
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.
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:
ndez, City Httor
ey 9/19/2023
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.