The Royal Parc Apartments - Miles Properties Inc. Lease Agreement: Before getting into the details of the RP Lease Agreement . . . Some Plain Facts Tenants Need to Know About, Regarding Certain Provisions in that Lease. We have bulleted those items below with the 'screw' icon.
TENANT WAIVING RIGHT TO SUE RP - RIGHT TO AN ATTORNEY - RIGHT TO A JURY TRIAL This section is NOT intended to constitute a complete, comprehensive explanation of the Legal Requirements For Establishing A Claim Waiver. It is just a skeletal summary. Tenants MUST read the relevant statute sections cited below. The Royal Parc Lease Agreement contains provisions which claim that, by signing the lease, the Tenant has waived his or her right to sue Royal Parc for damages wrongfully inflicted by RP. The lease also contains provisions which claim that the Tenant has waived his or her right to a jury trial and his\her right to off-set damages from the tenant's rent payment. These provisions in the Royal Parc Lease Agreement are Unlawful, they are a Nullity and they are NOT enforceable. Furthermore, if a Tenant abandoned the idea of suing Royal Parc to recover damages they were lawfully entitled to . . . If the Tenant abandoned the idea of suing RP simply because the Tenant erroneously believed s\he had waived the right to sue because of that Bogus lease provision . . . The Tenant most likely will have a legal basis for suing Royal Parc because of their reliance on the Unlawful Royal Parc lease provisions. (See, F.S. 83.47 Prohibited Provisions In Rental Agreements) TENANT WAIVING RIGHT TO SUE If a Tenant has a valid legal claim against Royal Parc, but the Tenant subsequently pays their full normal rent for the month, it can be argued that the Tenant WAIVED his or her right to sue Royal Parc for damages wrongfully inflicted by RP. In order for the Tenant to PRESERVE his claim rights he MUST write on each and every rent check, in the "Memo" section "Reserving all Claim Rights." The better way to do this is to draft a short one-page letter to accompany the check, in addition to making the Memo notation on the check. Tenant should use the letter to emphatically state that he are NOT waiving any claims he may have against Royal Parc, merely by paying the rent for the month. Make sure the letter is signed and dated and be absolutely certain to keep a signed copy of the letter for your records. Be sure to read these sections of the Florida Residential Landlord-Tenance Laws regarding the requirements for Establishing and Preserving a valid claim in the first place: F.S. 83.56 "Termination of rental agreement"; F.S. 83.60 "Defenses to action for rent or possession; procedure"; F.S. 83.64 "Retaliatory Conduct"; F.S. 83.67 "Prohibited Practices"; F.S. 83.51 "Landlord's obligation to maintain premises". These statute sections are located at our "Legal Resources" Webpage. These statute sections provide important information about what is legally required for a Tenant to Establish a valid claim (also see next bulleted item). LEGAL REQUIREMENTS FOR ESTABLISHING A CLAIM This is NOT intended to constitute a complete, comprehensive explanation of the Legal Requirements For Establishing A Claim. It is just a skeletal summary. Tenants MUST read the statute sections cited above. Generally speaking, in most cases (but not all), the Tenant must first notify the landlord in writing (signed & dated with proof of mailing) "of the landlord violations or wrongful conduct Tenant is complaining about." The Tenant must state in the letter their intention to off-set their rent or their intention to abandon the premises (if appropriate) if the landlord does not immediately correct the problem or compensate the Tenant. The Tenant must give the landlord, in most cases, seven (7) days to correct the problem. The problem complained of must be significant, not trivial and it must clearly be a matter which IS a landlord responsibility. If the problem complained of is SIGNIFICANT and if the matter complained of IS clearly a landlord responsibility . . . the Tenant will have established a right to recover damages as a right to off-set their rent IF THE LANDLORD FAILS TO CORRECT THE PROBLEM WITHIN SEVEN (7) DAYS AFTER RECEIVING THE TENANT'S NOTICE LETTER. Tenant's right to abandon the premises is strictly limited to severe problems within the living quarters which constitute a health and safety risk to inhabitants or which constitutes a fundamental service (e.g., no running water, no hot water esp in winter, no heat in cold winter months, electrical wiring defects, plumbing-sewage back-up, no air-conditioning in hot summer months causing hothouse effect in apartment (where apt. was leased on the premise that it had air-conditioning), access problems making reasonable apt access difficult or impossible, insect infestation not caused by tenant unsanitary practices ... this is just a sampling). Where the problem complained of constitutes "severe problems within the living quarters which represent a health and safety risk to inhabitants" (Emergency Situations) the Tenant is not required to wait seven (7) for the landlord to make repairs. The problem complained of must not have been caused by the Tenant's misuse, abuse or negligent use of premises (see, F.S. 83.52 "Tenant's Obligation To Maintain Dwelling Unit"). The Tenant should always try to make sure s\he registers the complaint in writing, where possible, with specific, detailed information about the problem complained of, signed and dated and a good idea to use certified mail with return receipt. If in doubt about these requirements, see, F.S. 83.51 "Landlord's Obligation To Maintain Premises"; F.S. 83.56 "Termination of Rental Agreement"; F.S. 83.60 "Defenses to Action For Rent Or Possession; Procedure"; F.S. 83.64 "Retaliatory Conduct"; F.S. 83.67 "Prohibited Practices"; F.S. 83.52 "Tenant's Obligation To Maintain Dwelling Unit". These statute sections are located at our "Legal Resources WebPage" . These statute sections provide important information about what is legally required for a Tenant to Establish a valid claim. If still in doubt, get competent legal advice from a lawyer. TENANT IS ENTITLED TO PROPER NOTICE The Royal Parc Lease Agreement contains provisions which claim that, by signing the lease, the Tenant has waived his or her right to receive proper notice from Royal Parc before it takes certain radical actions against the Tenant or against Tenant's property (like towing tenant's car away). The lease also contains a contradictory provision which almost states the correct legal standard for proper notice. That provision reads: "Any notices from us to you will be deemed delivered when mailed to you at your apartment by first class mail; or personally handed to you or anyone in your apartment; or left at your apartment in your absence." This provision would represent the proper standard for notice to a Tenantif it contained a requirement for the notice to be issued enough in advance, time-wise, to give the recipient adequate time to comply with the notice demand. The point is that Notice must be reasonably calculated to actually reach the recipient in a timely manner so that the Tenant-recipient has time to modify his actions to conform to the notice. The problem has been that Royal Parc insists on taking a large number of severe, radical, drastic actions with no notice whatsoever and\or with inadequate notice which is not reasonably calculated to ever reach the recipient and\or which is not reasonably calculated to reach the recipient soon enough in advance so that the Tenant can avoid the dire consequence threatened in the notice. Tenants ARE ENTITLED TO proper advanced Notice BEFORE the landlord takes drastic action against the Tenant or against the Tenant's property (see next section for narrow exception to this rule). That Notice must be reasonably calculated to reach the recipient and it must be reasonably calculated to allow enough advanced warning (in terms of time) so to allow the Tenant-recipient to comply with the notice demands before suffering any dire adverse consequences. Royal Parc Lease Agreement provisions which threaten to provide no advance notice to the Tenant, in most cases (not all) are unlawful and will expose Royal Parc to damage claims if it fails to give proper notice . . . regardless of what its lease says to the contrary. NOTICE REQUIREMENT: AN EXCEPTION As in all things being generalized, there is an exception to the Notice Requirement. If a Tenant is engaged in a clearly unlawful act, an 'Act' which is unmistakably illegal, Notice is not necessary prior to taking action against the Tenant or Tenant's property (depending on what "action" we are talking about) . This exception is really very common-sensical. If a Tenant is engaged in selling heroin out of his apartment, the landlord is not obliged to provide generous advance Notice to the Tenant directing him to "stop selling heroin" or else (or else dire consequence). It is presumed that the Tenant already knows that certain consequences flow from that unlawful conduct, so that advanced Notice of the consequences is not required. This is a truly common-sense exception to the Notice Requirement which should not be confusing or surprising to anyone. TENANT WAIVER OF ROYAL PARC LIABILITY The Royal Parc Lease Agreement contains provisions which claim that, by signing the lease, the Tenant has agreed that Royal Parc is not liable for any damages it may wrongfully cause. This lease provision is unlawful. It is not enforceable. It is a nullity.. "Tenant is cautioned NOT to ever rely on the lease provisions for determining whether or not the Tenant has a right under the laws of Florida." Tenant is cautioned NOT to ever rely on the lease provisions for determining whether or not the landlord has the legal right or authority under the laws of Florida to do the things which the lease or the landlord claim they have the legal right to do. Landlord Lease Agreements frequently contain provisions which are unlawful, and\or are unenforceable and\or are a nullity (as if it does not exist). Why are they in the lease if they are unenforceable, a nullity or unlawful ???? The answer is not a pretty one. They are intentionally inserted into leases for the sole purpose of defrauding and deceiving legally unsophisticated Tenants, so they will abandon any idea they may have of trying to recover damages from the landlord, in the erroneous belief that the these bogus lease provisions legally prevent them from doing so. These sham provisions are inserted in "Bad Faith" by landlords like Royal Parc, who are trying to "Sucker-punch" the naive Tenant with patently bogus legal claims and flagrantly erroneous statements of law. DO NOT EVER BELIEVE THEM OR TAKE THEM AT FACE VALUE! If still in doubt, get competent legal advice from a lawyer. ROYAL PARC RIGHTS TO ACCESS TENANT'S APARTMENT The Royal Parc Lease Agreement contains provisions which claim that, by signing the lease, the Tenant has agreed that Royal Parc may enter Tenant's apartment at any reasonable time to show it to prospective buyers or renters. This lease provision is unlawful. It is not enforceable. It is a nullity. The actual lease provision reads: ""9. RIGHT TO ENTER: You consent to our entering your apartment during reasonable hours for inspections (by us or prospective buyers or renters)..."." In fact, Tenant has a legal right to refuse entry where no sufficient Advanced Notice has been given (except in true emergency situations like broken water pipe flooding premises). In fact, Tenant has a legal right to refuse entry by Royal Parc "for inspections by prospective buyers or renters." Tenant has a legal right to refuse entry by Royal Parc "for inspections by Royal Parc" if insufficient reasons or insufficient notice is given. Regardless of the legal authority Royal Parc "thinks it has" . . . it DOES NOT have the legal authority to rummage through the sanctuary and privacy of YOUR HOME on any inspection whim it cares to conjure up. Tenants have Privacy Rights in their home like anyone else. DO NOT BE DECIEVED INTO BELIEVING THAT ROYAL PARC CAN DO WHATEVER ITS LEASE SAYS THEY CAN DO. As we have already demonstrated many times over again, quite often lease provisions are unenforceable nullities. . If in doubt, see, F.S. 83.51 "Landlord's obligation to maintain premises"; F.S. 83.56 "Termination of rental agreement"; F.S. 83.60 "Defenses to action for rent or possession; procedure"; F.S. 83.64 "Retaliatory Conduct"; F.S. 83.67 "Prohibited Practices". These statute sections are located at our "Legal Resources WebPage". These statute sections provide important information about what is legally required for a Tenant to Establish a valid claim against a landlord. Better advice is to read the entire Florida Residential Landlord-Tenant Act, Florida Statute 83.40 through 83.682. It really doesn't take long to read. And you will find it is exceptionally helpful. If still in doubt, get competent legal advice from a lawyer.
's To Their Tenants
LEASE PROVISION EXAMPLE 1: Under Royal Parc Apartments - Miles Properties Inc. "Parking Policies & Rules" the Lease Provisions provide that -- Landlord may tow any vehicle for any reason whatsoever that it deems necessary, without notice to the tenant, and at landlord's sole discretion. Presumedly the Tenant waives all Legal Rights to sue for damages, or for wrongful towing, or for erroneous mistaken towings, or for accidental towings, or for unlawful towings. And presumedly the Tenant waives all Legal Rights to offset any damages or costs from his\her rent. (See "Tenants' Rights" Section and "Legal Resources" Section for more specifics on the Florida law which specifically protects a Tenant's Right to Legal Action to recover damages from wrongful landlord conduct). PARKING POLICIES & RULES: These Royal Parc Apartments - Miles Properties Inc. Lease provisions are nothing short of outrageous. They purportedly grant Royal Parc the authority to tow a Tenant's vehicle merely if the Tenant forgot to put her new registration renewal "validation decal" on her license plate, regardless of the fact that Florida DMV records show the vehicle has, at all times, been duly registered, with no lapses. They purportedly grant Royal Parc the authority to tow that Tenant's vehicle without any notice whatsoever. Does THIS Provision make you, as a tenant, feel 'safe and secure' in the private sanctuary of your own home? PARKING POLICIES & RULES: The Royal Parc Apartments - Miles Properties Inc. Lease Parking Rules provisions get even more outrageous. They virtually outlaw all "unauthorized" and "abandoned" and "non-operable" vehicles. At first blush, this seems pretty reasonable . . . until you read the provisions which define these terms. The terms "unauthorized" -- "abandoned" and "non-operable" include all of the following: 1) "offensive, unsightly, unpleasant or unkempt" vehicles; 2) Vehicles which "could reasonably cause embarrassment, discomfort"; 3) Any vehicle that leaks any amount of oil (What vehicle does NOT leak some oil?); 4) Any vehicle that has not been used for thirty days or more (Don't go on a long vacation!). So what is an "unpleasant" vehicle? What is an "unsightly" vehicle? What is a vehicle that could cause "discomfort?" What is a vehicle that could cause "embarrassment?" What is an "offensive" vehicle? How often must a Tenant take her car to the carwash in order for her car to avoid being defined as "unkempt?" Do THESE Provisions make you, as a Tenant, feel 'safe and secure' in the private sanctuary of your own home? PARKING POLICIES & RULES: So the questions is, Who is going to decide and How are they going to decide "What is an 'unpleasant' vehicle?" The answer is that, according to the Lease Provisions, "The terms "unauthorized" and "non-operable" shall be construed in favor of management." Worse yet, "The determination of whether a vehicle is abandoned, unauthorized or non-operable shall be within sole discretion of management." Unfortunately it gets even worse. Read on. PARKING POLICIES & RULES: Each time you think The Royal Parc Apartments - Miles Properties Inc. Lease Parking Rules Provisions can't get any more outrageous, they DO. The Tenant is left clueless as to what might constitute an "unpleasant" vehicle. That dilemma is profoundly compounded by the fact that the Lease Parking Provisions purportedly allow Royal Parc to tow the Tenant's vehicle WITHOUT ANY NOTICE WHATSOEVER ("Resident acknowledges and agrees that vehicle which is kept, placed, stored, maintained or operated in any area of the apartment complex in violation of the Parking Rules and Regulations is subject to immediate towing removal and storage at owner's or operator's expense without requirement of any written or oral notice or warning whatsoever"). Furthermore, the Provisions state that Tenant's "property may be sold at public or private sale WITHOUT FURTHER NOTICE to satisfy any towing and storage charges incurred." When you see a landlord this determined NOT to Give REASONABLE, LAWFUL NOTICE . . . You know you are dealing with a malicious, condescending, contemptuous misinthrope who shouldn't be trusted any further than the eye can see. If you want the "Hassle Of Your Life" with your vehicle, you should move into Royal Parc as soon as possible! You won't be disappointed. But before you decide, there's still more insanity in these malevolent Royal Parc Parking Provisions. PARKING POLICIES & RULES: The imagery of The Royal Parc Apartments - Miles Properties Inc. Lease Parking Rules Provisions just keeps on getting more outlandish by the minute. By these malignant provisions, The Tenant purportedly waives all Rights against all conceivable parties, with regard to any and all damages. ("Resident agrees to indemnify and hold harmless the management and its employees, agents, officers, directors, or, affiliated companies, and the owners of the apartment complex and all other persons, corporations, or entities whomsoever from any and all expenses, costs, damages, claims and attorny's fees incurred in connection with enforcement of the parking rules and regulations or towing and removal of any vehicle or other property from the apartment complex when it is in violation of these parking rules and regulations"). Furthermore, the Provisions state that the "Parking Rules and Regulations Addendum shall be incorporated into the Residential rental agreement and is effective and enforceable regardless of whether this addendum has been signed by the parties...." If you believe this fraudulent rubbish (and you shouldn't), the Tenant is bound by the terms of this Lease Addendum (separate section of Lease -- separate from main lease document), whether she signs it or not. Presumedly by this Clause the Tenant has no Right of Refusal. Presumedly by this Clause the Tenant's "Signature & Approval" are conclusively and irrebuttably presumed, even in their absence. When you see provisions this fraudulent and malevolent, the terms "Flim-Flam Authoritarian Facism" SHOULD start reverberating LOAD AND CLEAR . You THEN know you are dealing with a malicious, condescending, contemptuous misinthrope who shouldn't be trusted any further than the eye can see. If you want to avoid the "Hassle Of Your Life" with your vehicle, read the last "Parking Provisions" segment below and learn about how Royal Parc has already utilized these absurd provisions to maliciously retaliate against Royal Parc Tenants! Read about how Royal Parc has already grotesquely abused the broad, sweeping powers purportedly granted by the above wayward Parking Policy Provisons. PARKING POLICIES & RULES: The imagery of The Royal Parc Apartments - Miles Properties Inc. Lease Parking Rules Provisions gets darker yet when you look at how Royal Parc has already maliciously and vindictively abused them against Royal Parc Tenants. Less than a month after Miles Properties took possession of these properties, Royal Parc went on a "Tow the Tenants' Cars" rampage. ("In most cases without notice, they towed tenants' cars away when they were lawfully parked in spaces they had permission to park in"). The prior owners had granted Tenants permission to park in designated handicapped spaces where there were no handicapped Tenants in residence. " Royal Parc towed their cars anyway, and then defrauded those Tenants by misrepresenting what the Tenants' Legal Rights were for seeking compensation, while blathering fraudulent exaggerated claims as to what legal rights Royal Parc had to tow the vehicles in the first place, for no legitimate, good faith reason. Tenants who stood their ground and persisted in asserting, protecting and defending their Legal Rights to compensation were maliciously, virulently and relentlessly retaliated against by Royal Parc.When you see landlord conduct this malevolent, the terms "Toxic Authoritarian Facist" SHOULD start reverberating LOAD AND CLEAR . You THEN know you are dealing with a malicious, condescending, contemptuous misinthrope who shouldn't be trusted any further than the eye can see. Being forewarned is being forearmed. If you want the "Hassle Of Your Life" with your vehicle, Royal Parc is the place for you LEASE PROVISION EXAMPLE 3: Royal Parc Apartments - Miles Properties Inc. Lease provisions provide that -- Landlord may enter tenant's premises at any reasonable time 7\24 . . . WITHOUT any notice whatsoever, to show the premises to prospective renters or for any reason "as provided by law". The problem with this provision is that too much 'landlord discretion' is vested in a landlord with a history of abusing its discretion in a 'Bad Faith' vindictive, retaliatory manner. The problem here is that Royal Parc Apartments - Miles Properties Inc. has many times misrepresented what the law allows. And those misrepresentations have always been in favor of the landlord and against the Tenant. And those landlord misrepresentations of the law have always tried to confer more legal authority on Royal Parc Apartments - Miles Properties Inc. than it actually has. In doing this routinely, Royal Parc Apartments - Miles Properties Inc. is taking advantage of the fact that most Tenants are lay persons (non-lawyers) who do not know what the law provides and who are thereby made especially vulnerable to the blatant misrepresentations of the law routinely made by Royal Parc Apartments - Miles Properties Inc. Hence we conclude that Royal Parc Apartments - Miles Properties Inc. is not trustworthy when it come to "discretion conferring" provisions in a lease. (See "Tenants' Rights" Section and "Legal Resources" Section for more specifics on the Florida law which specifically limits landlords right of access). LEASE PROVISION EXAMPLE 4: Royal Parc Apartments - Miles Properties Inc. Lease provisions provide that -- Landlord may commit any wrongful, unlawful, tortious (actionable at law) act against tenant and\or against tenant's property and tenant waives all rights to sue in civil court to recover damages from the landlord for actionable, unlawful landlord conduct. (See "Tenants' Rights" Section and "Legal Resources" Section for more specifics on the Florida law which specifically protects a Tenant's Right to legal action to recover damages -- in essence, rendering such provisions as this 'a nullity'). Does THIS Provision make you, as a tenant, feel 'safe and secure' in the private sanctuary of your own home? LEASE PROVISION EXAMPLE 5: Royal Parc Apartments - Miles Properties Inc. Lease provisions provide that -- Landlord may commit any wrongful, unlawful, tortious (actionable at law) act against tenant and\or against tenant's property and tenant waives all rights to offset those damages from the rent, for the landlord's actionable, unlawful conduct. (See "Tenants' Rights" Section and "Legal Resources" Section for more specifics on the Florida law which specifically protects a Tenant's Right to legal action to recover damages -- in essence, rendering such provisions as this 'a nullity'). Does THIS Provision make you, as a tenant, feel 'safe and secure' in the private sanctuary of your own home? LEASE PROVISION EXAMPLE 6: Royal Parc Apartments - Miles Properties Inc. Lease provisions provide that -- there are no circumstance whatsoever where the Landlord MUST give Notice to the tenant prior to taking action of any kind against the tenant and\or against the tenant's property. It is at the sole discretion of this landlord. (See "Tenants' Rights" Section for more specifics on the law) Does THIS Provision make you, as a tenant, feel 'safe and secure' in the private sanctuary of your own home? LEASE PROVISION EXAMPLE 7: Royal Parc Apartments - Miles Properties Inc. Lease provisions provide that -- Landlord may enter tenant's premises at any time 7\24 . . . WITHOUT any notice whatsoever, for any reason whatsoever, at the sole discretion of this landlord. In fact, this is a complete misrepresentation of Florida law. ((F.S. 83.53 "Landlord's access to dwelling unit"); (See "Tenants' Rights" Section for more specifics on the law). The problem here is that Royal Parc Apartments - Miles Properties Inc. has many times misrepresented what the law allows. And those misrepresentations have always been in favor of the landlord and against the Tenant. And those landlord misrepresentations of the law have always tried to confer more legal authority on Royal Parc Apartments - Miles Properties Inc. than it actually has. In doing this routinely, Royal Parc Apartments - Miles Properties Inc. is taking advantage of the fact that most Tenants are lay persons (non-lawyers) who do not know what the law provides and who are thereby made especially vulnerable to the blatant misrepresentations of the law routinely made by Royal Parc Apartments - Miles Properties Inc. Hence we conclude that Royal Parc Apartments - Miles Properties Inc. is not trustworthy when it come to "discretion conferring" provisions in a lease. (See "Tenants' Rights" Section and "Legal Resources" Section for more specifics on the Florida law which specifically limits landlords right of access). LEASE PROVISION EXAMPLE 8: Royal Parc Apartments - Miles Properties Inc. Recently served a Legal Notice Threatening Eviction on a Tenant, Making Patently False Statements About the Tenant's lease provisions regarding Royal Parc's "RENT PAYMENT POLICY." This Royal Parc Notice patently lied about the lease provisions which define: 1) When payment is "officially late", 2) When a "Late Fee" can be assessed and, 3) The amount of the "Late Fee" which can be assessed. These False Royal Parc Statements were intentially made pursuant to a "No Holds Barred" Royal Parc malicious, militant Mission to retaliate against a Tenant who dared to stand his ground in defending the few modest Rights that a Tenant has under Florida Law. BE SURE TO READ YOUR LEASE and make yourself familiar with it. Royal Parc Apartments - Miles Properties Inc. persistently and routinely misstates, misrepresents, falsifies the Terms and Provisions of the Lease in a calculated effort to dupe and deceive Tenants into believing the landlord has more rights and legal authority than it really has. Tenants who unwittingly fall prey to these intractible fraudulent Royal Parc statements are, in effect, letting this landlord "rewrite" the terms of the lease the Tenant signed . . . during the lease period. KNOW YOUR LEASE WELL, so you can instantly recognize fraudulent Royal Parc claims when they are made ... which is often. Be Sure to Read About this issue in the "Tenants' Rights" section and in the "Royal Parc Unscrupulous Practices" section of this Website. LEASE PROVISION EXAMPLE 9: Royal Parc Apartments - Miles Properties Inc. Lease provisions provide that -- Landlord may enter tenant's premises at any reasonable time 7\24 . . . WITHOUT any notice whatsoever, to inspect the premises. (See "Tenants' Rights" Section and "Legal Resources" Section for more specifics on the Florida law which specifically limits landlords right of access). The problem with this provision is that too much 'landlord discretion' is vested in a landlord with a history of abusing its discretion in a 'Bad Faith' vindictive, retaliatory manner. Does THIS Provision make you, as a tenant, feel 'safe and secure' in the private sanctuary of your own home? IN FACT -- THE CURRENT LEASE ACTUALLY READS AS FOLLOWS: In a Legal Notice attached to the Tenant's door, Royal Parc Apartments - Miles Properties Inc. HAD FALSELY CLAIMED (Direct Quotes Here): "Per your lease agreement, all rent and any non-rent charges are due on the first day of every month and late after the 3 day of the month (sic). ... Your Total Amount Due is $____, this amount includes your late fee of $75.00." Looking at the actual Lease Provisions above, it is clear Royal Parc Apartments - Miles Properties Inc. has intentionally lied to this Tenant about: 1) When Rent Payment Is "Late;" ... 2) When "Late Fees" Can Be Assessed;" ... 3) How Much the "Late Fee" Actually Is. These patently false Royal Parc claims were intentionally made, knowing the statements were false, with the calculated, 'Bad Faith' retaliatory intention of defrauding and deceiving a Tenant, in hopes the Tenant would be naive enough to believe that everything which pours out of this landlord's mouth "Is Gospel" and cannot be legally challenged. In Truth, Royal Parc Apartments' - Miles Properties' credibility is bankrupt, as this and other examples clearly demonstrate. Royal Parc has demonstrated that it will lie about anything, anytime, to anyone ... in order to take unfair advantage of legally naive, legally unsophisticated Tenants. Royal Parc even lied to its own attorney, feeding him false information about the Tenant's payment status, tenancy status, late fee provisions and rent payment delinquency provisions. FOR REASONS SUCH AS THESE: We Have Declared such Royal Parc Apartments - Miles Properties Inc. Conduct - Policies & Practices to be unethical, unlawful and Patently Unscrupulous. For these reasons, we have organized the "Royal Parc - Miles Properties Inc. Tenants' Association" in an effort to preserve, protect and defend the Rights of Royal Parc Tenants.
