RAANAN KATZ |
In 2004 RK Associates, RK Centers filled lawsuit case #04-1228CA against Dr. Witt claiming rent payment for 2004. RK Associates, RK Centers court papers reveal
"Count I-BREACH OF THE LEASE
11. Lessee (Dr.Witt) has breached the lease by failing to pay their rent in full for the month of January 2004 in the amount of $5,775.00. Said breach constitutes a default under the lease.
12. That Pursuant to Paragraph 41 of the Lease Agreement, LESSOR (RK Associates) is granted and hereby exercise the right to accelerate all amounts due and owing for the remainder of the lease term. The total accelerated amount due for February 2004 through December 2004 is $63,525.00.
13....The Lease was automatically renewed, without the requirement of a further act, lease or agreement by either party for a period of one (1) year.
14. LESSEE (Dr. Witt) has failed or refused to reimburse LESSOR (RK Associates) for their proportionate share of past due and accelerating expenses for 2004 is $18,000.00.
15. Plaintiff (RK Associates) has sustained damages in the amount of $87,300.00 plus additional late fees that shall accrue hereafter.
16. LESSEE (Dr. Witt) is obligated to pay all costs of collection and attorney's fees."
Court order: "The lease provided no right of extension of the lease to the Defendant. However, it has a clause which provided that if the Lessee failed to notify the Lessor (RK Associates) in writing by certified mail at least six (6) full calendar months prior to the expiration of the lease, the Lessor (RK Associates) could at Lessor's discretion automatically extend for an additional year.
Such a clause is repugnant to the Court and against public policy...This was a "Gotcha" clause that this court cannot and will not condone. Judgment for the Defendant Dr.Witt"
Do you believe RK Associates (now RK Centers) and Raaan Katz comply with this court order?
Raanan Katz's RK Associates, RK Centers group continued to include this "GOTCHA" clause in the Leases and continue to sue their tenants.
DANIEL KATZ-RK CENTERS OWNER IS TRYING TO MAKE A DEAL |
No comments:
Post a Comment