RK Centers (former RK Associates) demanded money from the former tenant
under expired lease.
Miami-Dade Circuit Court ruled against Raanan Katz
owned company-RK Centers.
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| RAANAN KATZ |
On 30th day of May 2002 Dr.Witt signed commercial Lease Agreement
with RK Associates- RK Centers for the premises located at 17044-46
Collins Avenue, Sunny Isles Beach Florida beginning the 1st day of June
2002, and ending the 31th Day of December 2003.
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.
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| DANIEL KATZ-RK CENTERS OWNER IS TRYING TO MAKE A DEAL |