The Royal Parc Apartments - Miles Properties Inc. Lease Agreement: Before getting into the details of Royal Parc Unscrupulous Practices . . . Some Plain Facts Tenants Need to Know About, Regarding Certain Provisions in Royal Parc Lease. This is Important because it will serve to explain Royal Parc Unscrupulous Practices later on. We have bulleted those wayward lease provisions 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
TENANTS' CARS UNLAWFULLY AND WRONGFULLY TOWED AWAY: Royal Parc Apartments - Miles Properties Inc. had Tenants' cars towed away from parking spaces where they had been granted permission to park. No reasonable notice was given before the towing began. The landlord tow-away edict was an error, but when Tenants threatened to offset the towing and storage costs from their rent, the landlord threatened them with eviction.. Royal Parc Apartments - Miles Properties Inc. 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. Regardless of the lease provisions, this landlord conduct was unlawful, dishonest, "in Bad Faith" conduct that is malicious and malevolent against a tenant.
PARKING POLICIES & RULES: 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 Royal Parc Apartments - MILES PROPERTIES INC. MISREPRESENTED WHAT TOW-VICTIM TENANTS' RIGHTS WERE: Royal Parc Apartments - Miles Properties Inc. Lease provisions and policy decrees attached to tenants' doors misrepresented the law and falsely conveyed the message that unlawful landlord conduct is lawful. They falsely, deceitfully misled the Tenant into believing that because the lease says they can do it, therefore it is lawful for the landlord to do it and the Tenant has NO legal recourse. The above towing episode is just one of many examples. The law recognizes that a person must be given ample, adequate advance notice as to the conduct which is being 'outlawed' so the person has an opportunity to comport their conduct accordingly in compliance with the law and the rules. Royal Parc Apartments - Miles Properties Inc. maliciously and malevolently scorned that rule of law, and then proceeded to misrepresent their rights to do so and the Tenants' rights to seek redress (compensation) for their injuries. This is an extremely malicious, vindictive, condescending, contemptuous authoritarian landlord with a malevolent, trigger-happy 'bad attitude,' who doesn't hesitate to retaliate, regardless of the law prohibiting it. Apparently, Royal Parc Apartments - Miles Properties Inc. is exceptionally confident it can sandbag a court into believing its actions are not retaliatory in nature. Royal Parc Apartments - Miles Properties Inc. retaliatory conduct in this regard is patently unlawful and will come back to haunt them.
ROYAL PARC ATTEMPTS TO DEFRAUD TENANTS: 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. 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. MISREPRESENTATION OF THE LEASE PROVISIONS: Royal Parc Apartments - Miles Properties Inc., as incredible as this may seem, has repeatedly misrepresented what its own Lease says, because it believes the Tenant will never know that they misstated a Lease Provision. Why are they so confident that the Tenant will not catch the error? Because they never automatically return a "Consummated" lease copy to the Tenants ("Consummated" = signed by both parties). They know that 98% of the time Tenants will not remember to or will not want to beg them for a copy. In one instance, Royal Parc Apartments - Miles Properties Inc. deliberately misstated what the rent was under the lease provisions. In another case, they misrepresented whether there even was a "Consummated" lease agreement at all (see next item below)
MISREPRESENTATION OF THE LEASE CONSUMMATION: A "Consummated" lease is a lease that has been signed by all parties to the lease. That's how one knows they have "a done deal" ... when they have in their possession a lease signed by all parties. Without that signed lease, the Tenant has no way to show that there is an agreement with the landlord. Months later, the landlord could send the Tenant a notice stating the Tenant must leave, and the Tenant would have NO signed lease to use to enforce the lease term (usually one year). In one instance, Royal Parc Apartments - Miles Properties Inc. returned a copy of the one-year lease to the Tenant after it had expired. The Tenant noticed then, that the lease had never been signed by the landlord during that entire one-year lease. That way the landlord can have it both ways. If they want to they can always say, "We never agreed to that..." when they want to avoid being bound by a lease provision, and the Tenant cannot prove otherwise because s\he has no signed copy of the lease. On the other hand, when the landlord wants to hold a Tenant to terms of a lease provision, the landlord merely signs the lease and back-dates it. It is unscrupulous for Royal Parc Apartments - Miles Properties Inc. NOT to automatically send all Tenants a signed copy of the lease within 10 days of signing it. All Tenants are entitled to a fully signed copy of their lease ... by law, without having to beg for it.
FRAUDULENT MISREPRESENTATION OF TENANTS' RIGHT TO REVIEW THE LEASE: Royal Parc Apartments - Miles Properties Inc. does all that it can to mislead the Tenant into believing that they must sign the lease at the rental office in the presence of leasing agents and they may NOT take the lease home with them to read or ponder and they may NOT take it to an attorney for review. The way you always hear it presented by the Royal Parc Rental Office is: "Please come to the office to sign your new lease." Any tenant request that they drop the lease off at Tenants apartment so they can review it, is completely ignored, with Royal Parc reply messages indicating the Tenant "must come into the Rental Office" to sign the lease."
In one instance the Royal Parc Rental Office completely ignored five (5) tenant requests for a copy of the lease. The Royal Parc Rental Office policy was repeated to this tenant and it was always the same: "You must come into the Rental Office" to sign the lease." Only if the Tenant exerts immense pressure, bordering on a vicious 'dog-fight' scenario, will the Royal Parc Rental Office relent and provide the Tenant with an advanced copy of the lease for review. The problem with this 'success' is that Royal Parc Apartments - Miles Properties Inc. has demonstrated a militant penchant for retaliating against Tenants who have the gall to assert their Rights. (see next item below). CAVEAT: This is NOT a trivial, insignificant issue. We have a situation here where a Tenant or Prospective Tenant is requested to sign onto a lease which has very onerous, invasive, malevolent provisions in it. At best, the Tenant is confronted with a militant, threatening gauntlet when trying to have a lawyer review a copy of the lease. In most cases, the Royal Parc Rental Office communicates its refusal to cooperate. And then the Royal Parc Rental Office never sends that Tenant a copy of the fully-signed lease, instead, running the Tenant through yet another gauntlet in an effort to get a copy of the signed lease. As if this grizzly scenario is not bad enough, the Tenant is always exposed to militant, malicious, relentless retaliation by Royal Parc Apartments - Miles Properties Inc. if that Tenant has the audacity, the unmitigated gall, to try to assert their Fundamental Rights in resisting or opposing the Royal Parc Apartments - Miles Properties Inc. stratagem policies and "game plan" for engineering signed leases. (see next item below regarding landlord Retaliation).
RETALIATORY LANDLORD CONDUCT: Royal Parc Apartments - Miles Properties Inc. has demonstrated a penchant for retaliating againstTenants who have the audacity, the unmitigated gall to, to try to assert their Fundamental Rights in resisting or opposing the Royal Parc Apartments - Miles Properties Inc. stratagem policies and "game plan" for engineering signed leases. That Retaliation has an infinite number of permutations such as: Wrongfully towing Tenant's vehicles, incessant relentless harassment badgering of Tenant with fraudulent claims, denial of security gate access codes and other harassing lack-of-cooperation scenarios in the day-to-day landlord-tenant relationship.. This Royal Parc Apartments - Miles Properties Inc. Retaliatory practice is malicious, vindictive, fraudulent and absolutely unrelenting. (see "Tenants' Rights" for more very Important information on this issue) Does THIS Practice make you, as a Tenant, feel 'Safe and Secure' in the private sanctuary of your own home?
MISREPRESENTATIONS OF THE LAW: Royal Parc Apartments - Miles Properties Inc. perpetually misrepresent the law and the Tenant's Rights under the law -- even when the Tenant is a knowledgeable attorney. It's a kind of "Psychopathic Liar Syndrome". Very recently, Royal Parc Apartments - Miles Properties Inc. sent all tenants a very deceptive notice telling them that all rent payments must be accompanied by a separate check for the water bill, which is NOT paid by this landlord. The notice goes on to say that if the water bill check does NOT accompany the rent check, the rent check will NOT be accepted and the Tenant could be evicted for non-payment of the rent.
The problem with this Royal Parc Apartments - Miles Properties Inc. fraudulent claim is that it is a flat-out patently false statement of the law in Florida. Water bills represent monies allegedly owed by a Tenant to "A Third Party" (Third Party = someone who is NOT a party to the lease agreement) ... the water company ... and has absolutely nothing to do with the Tenant's "rent obligations" to the landlord. Not only does Royal Parc Apartments - Miles Properties Inc. cavil this fraudulent claim in notices tacked to the Tenants' doors, they've written a Lease that similarly misrepresents the law in Florida and the Tenant's Rights under the law, by claiming that a delinquency in the water bill constitutes a delinquency in the lease payment. The fact is that all landlord rent delinquency claims in Florida (usually accompanying eviction actions) must pertain to the RENT and may not involve monies owed to a Third Party. The only parties to a lease are the 'signatories' ... the people who are designated to sign the lease (the landlord and the tenant). All of these examples listed here constitute Unscrupulous conduct and practices by Royal Parc Apartments - Miles Properties Inc., with a malevolent "Bad Faith" intention to take unfair advantage of Tenants who lack a sophisticated understanding of the law (primarily only 'lawyers' possess a sophisticated understanding of the law).
One (1) day after one of our members informed President Daniel J. Miles of their intention to help organize a Royal Parc Tenant's Association, Royal Parc Apartments - Miles Properties Inc., by way of President Daniel J. Miles, sent that Tenant an eviction notice, citing fraudulent claims as to the lease provisions ... fraudulent claims as to the facts ... fraudulent claims as to their tenancy status ... fraudulent claims as to their rent payment status and fraudulent claims as to the Florida Law governing such Landlord-Tenant disputes. This is an extremely malicious, vindictive, condescending, contemptuous authoritarian landlord with a malevolent, trigger-happy 'bad attitude,' who doesn't hesitate to retaliate, regardless of the law prohibiting it. Apparently, Royal Parc Apartments - Miles Properties Inc. is exceptionally confident it can sandbag a court into believing its actions are not retaliatory in nature. Royal Parc Apartments - Miles Properties Inc. retaliatory conduct in this regard is patently unlawful and will come back to haunt them. (see "Tenants' Rights" for more very Important information on this issue)
RENEGING ON SPECIAL RENEWAL OFFER: To give you an idea of just how malicious this place can be, consider this: Royal Parc Apartments - Miles Properties Inc. went so far as to renege on a lease renewal offer. The offer was only for $50 off the first month's rent. They were giving new tenants $1,200 off the first year's rent. But they couldn't (wouldn't) live up to this stingy renewal offer.. It's unscrupulous conduct at the level of depravity..
IMPORTANT REMINDER: This "Unscrupulous Royal Parc Apartments - Miles Properties Inc. Conduct" Section is critically connected to several other IMPORTANT sections of this Website.The following Website sections are inextricably intertwined with this section and visitors are strongly advised to visit these other sections and read them in conjunction with this section. The other related sections are: 1) "Tenants' Rights" -- 2) "Tenants' Options" -- 3) "Legal Resources" -- 4) "Tenant Empowerment" -- 5) "Royal Parc Lease" and 6) "Royal Parc Apartment Facts."
ABOVE LIST IS NOT EXHAUSTIVE: The above list of Royal Parc Apartments - Miles Properties Inc. unscrupulous practices and policies is NOT a COMPLETE list. This is a 'Work in Progress' and more examples will soon be added.. Be sure to Bookmark this site and return often. Be sure to read all of the Info Sections in our Royal Parc Apartments - Miles Properties Inc. Tenants Association Website.
A Final Note. Return often. More examples will be added very soon, so keep posted. The important thing to Keep in Mind is that the Royal Parc Apartments - Miles Properties Inc. Lease Provisions DO NOT exist in a vacuum. They exist in the context of the Royal Parc Apartments - Miles Properties Inc. Policies and Practices as they are implemented and enforced on a day-to-day 'real life' basis. See the "Unscrupulous Royal Parc Practices & Policies" section for the IMPORTANT, crucial specifics regarding their implementation and enforcement, which demonstrate with painful clarity, the 'bad faith' malevolent intentions and actions by this landlord.
VERY IMPORTANT WARNING !!!. DO NOT assume that just because these provisions are in a Lease that you already signed, that it is enforceable at law. DO NOT assume that these provisions are legal. They most likely will be perceived by a court to constitute unconscionable provisions in a "Contract of Adhesion" which is against Public Policy. Many courts do not take a kind view of provisions in leases which require legally unsophisticated laypersons to surrender precious Fundamental Rights, merely so they can rent a place to live. Be sure to See the "Tenants' Rights" section for the IMPORTANT, crucial specifics regarding the Rights you may have. Also, Be sure to See the "Tenants' Options" section for the IMPORTANT, crucial specifics regarding the Options you may have, given these onerous Lease Provisions.
